Administration Amendment Act 2001

1: Title
1: This Act is the Administration Amendment Act 2001.
2: In this Act, the Administration Act 1969 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Application
The amendments to the principal Act in sections 4 to 11
4: Interpretation
Section 2(1) de facto relationship section 2 of the Property (Relationships) Act 1976 surviving de facto partner .
5: Charges on property of deceased to be paid primarily out of the property charged
1: Section 34(1)
2: Section 34 subsection (1)
1A: However, subsection (1)
6: Protection of administrator against certain claims
Section 47(1) paragraphs (ca) (d)
d: under the Property (Relationships) Act 1976 .
7: Payment without administration
Section 65(2) paragraph (a)
aa: a surviving de facto partner of the deceased person: .
8: New
sections 77 to 77C The principal Act is amended by repealing section 77
77: Succession to real and personal estate on intestacy
If a person (the intestate) dies intestate Person or people intestate leaves How estate to be distributed 1 Husband or wife or surviving de facto partner, but no issue and no parents Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust for the husband or wife or partner absolutely 2 Husband or wife or surviving de facto partner, and issue Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust as follows:
•: a third for the husband or wife or partner absolutely; and
•: two-thirds on the statutory trusts for the issue of the intestate 3 Husband or wife or surviving de facto partner, no issue, but 1 or both parents Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust as follows:
•: two-thirds for the husband or wife or partner absolutely; and
•: a third for the father and mother in equal shares absolutely or, if the intestate leaves only 1 parent, for that parent absolutely 4 Issue but no husband or wife or surviving de facto partner All of the estate is held on the statutory trusts for the issue of the intestate 5 No husband or wife or surviving de facto partner, and no issue, but 1 or both parents All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only 1 parent, for that parent 6 No husband or wife or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half blood) All of the estate is held on the statutory trusts for the 1 or more brothers or sisters 7 No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but 1 or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half blood) All of the estate is held in trust as follows: as to half:
•: in equal shares for the maternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
•: if the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or
•: if no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held as to the other half:
•: in equal shares for the paternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
•: if the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or
•: if no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held 8 No one who takes an absolute interest under items 1 to 7 All of the estate belongs to the Crown as bona vacantia
•: dependants (whether kindred or not) of the intestate; and
•: other persons for whom the intestate might reasonably have been expected to make provision.
77A: Effect on succession on intestacy of separation order
Nothing in section 77 section 26 of the Family Proceedings Act 1980
77B: Restrictions on succession on intestacy by certain de facto partners
1: This section applies to a surviving de facto partner if his or her de facto relationship with the intestate is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: If this section applies to a surviving de facto partner, the partner is not entitled under section 77 section 77 section 77
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that not being entitled to succeed on the intestacy would result in serious injustice to the partner.
3: In subsection (2) child of the de facto relationship contribution section 2 of the Property (Relationships) Act 1976
77C: Succession on intestacy if intestate dies leaving spouse and 1 or more de facto partners, or 2 or more de facto partners
1: This section applies if the intestate dies leaving—
a: 1 or more surviving de facto partners entitled to succeed on the intestacy, and a husband or wife; or
b: 2 or more surviving de facto partners entitled to succeed on the intestacy.
2: If this section applies,—
a: the real or personal estate of the intestate to which section 77
b: the spouse and each partner or, as the case requires, each of the partners, is entitled to an equal share of the estate that would, under section 77
9: Statutory trusts in favour of issue and other classes of relatives of intestate
Section 78(2)
d: references in the table in section 77 no issue no issue who attain an absolutely vested interest
e: references in the table in section 77 issue issue who attain an absolutely vested interest
10: Application to cases of partial intestacy
Section 79(2) wife or surviving de facto partner
11: Regulations relating to prescribed amounts
Section 82A subsections (1) (3) (4) 77(1)(a) 77
12: Consequential amendments to other enactments
1: Section 37 Property Law Act 1952 subsection (1)
1A: If the instrument was executed before 1 February 2002, subsection (1) section 8 of the Administration Amendment Act 2001
2: Section 14 Trustee Act 1956 subsection (6A)
6A: Where a person dies intestate as to any personal chattels within the meaning of the Administration Act 1969 section 2(1) of that Act
6AA: If there is more than 1 person whose consent would be required under subsection (6A)


Family Proceedings Amendment Act 2001

1: Title
1: This Act is the Family Proceedings Amendment Act 2001.
2: In this Act, the Family Proceedings Act 1980 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Interpretation
Section 2 family chattels matrimonial home family chattels section 2 of the Property (Relationships) Act 1976 family home section 2 of the Property (Relationships) Act 1976 .
4: New
section 13 The principal Act is amended by repealing section 13
13: Mediation conference
1: Where any of the following applications has been made in a Family Court, either party to the proceedings, or a Family Court Judge, may ask the Registrar of the Court to arrange for a mediation conference to be convened:
a: an application for a separation order:
b: an application for a maintenance order:
c: an application by 1 parent of a child against the other parent for an order for the custody of, or access to, the child.
2: On receiving a request under subsection (1)
a: appoint a time and place for the holding of a mediation conference in accordance with section 14
b: by letters sent by post to each of the parties to the application, inform them of the time and place of the mediation conference and request them to attend.
3: The time appointed under subsection (2)(a)
5: Power of Chairman to make consent orders
Section 15(1) paragraphs (c) (d)
c: a maintenance order; or
d: the possession or disposition of property under the Property (Relationships) Act 1976
6: New heading to
Part 6 The principal Act is amended by repealing the heading to Part 6 Maintenance of spouses and de facto partners
7: New
section 60 The principal Act is amended by repealing section 60
60: Interpretation
1: In this Part, unless the context otherwise requires, de facto partner de facto relationship section 2 of the Property (Relationships) Act 1976
2: In this Part, unless the context otherwise requires, child of the de facto relationship
a: means a child of both de facto partners; and
b: includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of the proceedings, whichever occurred first.
3: In this Part,—
a: a reference to a marriage includes a reference to a void marriage; and
b: a reference to the dissolution of a marriage includes a reference to an order declaring a marriage to be void ab initio 1963 No 71 s 48 1968 No 62 s 35(3)
8: New heading and
sections 63 to 66 The principal Act is amended by repealing sections 63 to 66 section 63 Maintenance of spouses and de facto partners
63: Maintenance during marriage
1: During a marriage, each party is liable to maintain the other party to the extent that such maintenance is necessary to meet the reasonable needs of the other party, where the other party cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2)
2: The circumstances referred to in subsection (1)
a: the ability of the parties to be or to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage while the parties are living together or lived together:
ii: the likely earning capacity of each party:
iii: any other relevant circumstances:
b: the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage after the parties ceased to live together:
c: the standard of living of the parties while they are living together or lived together:
d: any physical or mental disability:
e: any inability of a party to obtain work that—
i: it is reasonable in all the circumstances for that party to do; and
ii: is adequate to provide for that party:
f: the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party—
i: because of the effects of any of the matters set out in paragraphs (a)(i) and (b)
ii: because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training.
3: Except as provided in this section, neither party to a marriage is liable to maintain the other party during the marriage. 1968 No 62 ss 27, 30, 31, 32
64: Maintenance after marriage dissolved or de facto relationship ends
1: Subject to section 64A subsection (2)
2: The circumstances referred to in subsection (1)
a: the ability of the spouses or de facto partners to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage or de facto relationship while the spouses or de facto partners lived together:
ii: the likely earning capacity of each spouse or de facto partner:
iii: any other relevant circumstances:
b: the responsibilities of each spouse or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or (as the case requires) the de facto partners ceased to live together:
c: the standard of living of the spouses or de facto partners while they lived together:
d: the undertaking by a spouse or de facto partner of a reasonable period of education or training designed to increase the earning capacity of that spouse or de facto partner or to reduce or eliminate the need of that spouse or de facto partner for maintenance from the other spouse or de facto partner if it would be unfair, in all the circumstances, for the reasonable needs of the spouse or de facto partner undertaking that education or training to be met immediately by that spouse or de facto partner—
i: because of the effects of any of the matters set out in paragraphs (a)(i) and (b)
ii: because that spouse or de facto partner has previously maintained or contributed to the maintenance of the other spouse or de facto partner during a period of education or training.
3: For the purposes of subsection (2)(a)(i)
4: Except as provided in this section and section 64A
a: neither party to a marriage is liable to maintain the other party after the dissolution of the marriage:
b: neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together. 1963 No 71 ss 43, 44
64A: Spouses or de facto partners must assume responsibility for own needs within reasonable time
1: If a marriage is dissolved or, in the case of a de facto relationship, the de facto partners cease to live together,—
a: each spouse or de facto partner must assume responsibility, within a period of time that is reasonable in all the circumstances of the particular case, for meeting his or her own needs; and
b: on the expiry of that period of time, neither spouse or de facto partner is liable to maintain the other under section 64
2: Regardless of subsection (1) party A party B section 64 subsection (3)
a: it is unreasonable to require party B to do without maintenance from party A; and
b: it is reasonable to require party A to provide maintenance to party B.
3: The matters referred to in subsection (2)
a: the ages of the spouses or de facto partners:
b: the duration of the marriage or de facto relationship:
c: the ability of the spouses or de facto partners to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage or de facto relationship while the spouses or de facto partners were living together:
ii: the likely earning capacity of each spouse or de facto partner:
iii: the responsibilities of each spouse or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or (as the case requires) after the de facto partners ceased to live together:
iv: any other relevant circumstances.
4: If the marriage was immediately preceded by a de facto relationship between the husband and wife,—
a: for the purposes of subsection (3)(b)
b: for the purposes of subsection (3)(c)(i)
65: Assessment of maintenance payable to spouse or de facto partner
1: This section sets out the matters that a Court must have regard to in determining the amount payable,—
a: in the case of a marriage, by 1 spouse for the maintenance of the other spouse (whether during the marriage or after its dissolution):
b: in the case of a de facto relationship, by 1 de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together.
2: The matters that the Court must have regard to are as follows:
a: the means of each spouse or de facto partner, including—
i: potential earning capacity:
ii: means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976
b: the reasonable needs of each spouse or de facto partner:
c: the fact that the spouse or de facto partner by whom maintenance is payable is supporting any other person:
d: the financial and other responsibilities of each spouse or de facto partner:
e: any other circumstances that make 1 spouse or de facto partner liable to maintain the other.
3: In considering the potential earning capacity of each spouse or de facto partner under subsection (2)(a)(i)
4: For the purposes of subsection (3)
5: In considering the reasonable needs of each spouse or de facto partner under subsection (2)(b) 1963 No 71 ss 43, 44 1968 No 62 ss 27, 30, 31, 32
66: Relevance of conduct to maintenance of spouses or de facto partners
1: The Court may have regard to the matters set out in subsection (2)
a: in the case of a marriage, the liability of 1 spouse to maintain the other spouse, and the amount of the maintenance, whether during the marriage or after its dissolution:
b: in the case of a de facto relationship, the liability of 1 de facto partner to maintain the other de facto partner, and the amount of the maintenance, after the de facto partners cease to live together.
2: The matters referred to in subsection (1)
a: conduct of the spouse or de facto partner seeking to be maintained that amounts to a device to prolong his or her inability to meet his or her reasonable needs:
b: misconduct of the spouse or de facto partner seeking to be maintained that is of such a nature and degree that it would be repugnant to justice to require the other spouse or de facto partner to pay maintenance. 1968 No 62 s 28
9: New
sections 70 to 70B The principal Act is amended by repealing section 70
70: Order for maintenance after marriage dissolved or de facto relationship ends
1: A Family Court may make an order under subsection (2)
a: on or at any time after the making of an order dissolving a marriage:
b: at any time after a de facto relationship ends.
2: The Court may do the following under this section:
a: order either party to the proceedings, or the personal representative of either party, to pay to the other party for such term as the Court thinks fit (but not exceeding the life of the other party) such periodical sum towards the maintenance of the other party as the Court thinks fit:
b: make any other order referred to in section 69(1) paragraph (a)
3: Section 69(2)
4: In this section, a reference to an order dissolving a marriage includes a reference to a decree or order or legislative enactment recognised in New Zealand by virtue of section 44
5: This section is subject to sections 61, 70A, 70B, and 71 1963 No 71 s 40
70A: Effect of entering into new marriage or de facto relationship
1: The Court may not make an order in proceedings under section 70
a: in favour of a party who is seeking maintenance from a spouse to whom they were married, if that party has married someone else or has entered into a de facto relationship with someone else:
b: in favour of a party who is seeking maintenance from a de facto partner with whom they were living in a de facto relationship, if that party has entered into a de facto relationship with someone else, or has married someone else.
2: The orders specified in subsection (3)
a: in the case of an order made in favour of a party against a spouse to whom they were married, that party has married someone else or has entered into a de facto relationship with someone else:
b: in the case of an order made in favour of a party against a de facto partner with whom they were living in a de facto relationship, that party has entered into a de facto relationship with someone else, or has married someone else.
3: The orders referred to in subsection (2)
a: an order made under section 70 section 69(1)(c)
b: any order made under section 99 paragraph (a)
4: Subsection (2) 1963 No 71 s 40
70B: Restrictions on maintenance orders in favour of de facto partners
1: This section applies to a de facto relationship that is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: If this section applies to a de facto relationship, the Court cannot make an order under section 70
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner seeking the order has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice to that de facto partner.
3: In subsection (2)(a)(ii) contribution section 2 of the Property (Relationships) Act 1976
10: Application for maintenance order in favour of unmarried parent
The heading to section 79 in favour of unmarried parent against natural parent.
11: Power of Family Court to make maintenance orders in favour of unmarried parent
The heading to section 80 in favour of unmarried parent against natural parent
12: Maintenance order in favour of unmarried parent
1: Section 81 subsection (3)
3: Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a de facto relationship.
2: The heading to section 81 in favour of unmarried parent against natural parent
13: Interim maintenance
Section 82(1) wife or husband or de facto partner
14: Conduct of proceedings
Section 159 subsections (1) (4) Matrimonial Property Act 1976 Property (Relationships) Act 1976
15: Applications may be heard together
Section 160 subsections (1) (2) Matrimonial Property Act 1976 Property (Relationships) Act 1976
16: Court may make orders as to settled property, etc
Section 182(6) section 21 of the Matrimonial Property Act 1976 Part 6 of the Property (Relationships) Act 1976
17: Consequential repeals
Sections 4, 5, 7, and 8 of the Family Proceedings Amendment Act 1991


Family Protection Amendment Act 2001

1: Title
1: This Act is the Family Protection Amendment Act 2001.
2: In this Act, the Family Protection Act 1955 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Application
The amendments to the principal Act in sections 4 to 7
4: Interpretation
Section 2 subsection (1)
1: In this Act, unless the context otherwise requires,— administration administrator section 2(1) of the Administration Act 1969 application child of a de facto relationship child of a marriage Court section 3A de facto partner section 2 of the Property (Relationships) Act 1976 de facto relationship section 2 of the Property (Relationships) Act 1976 stepchild
a: who is not a child of the deceased, but is a child of—
i: the deceased's husband or wife; or
ii: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of; and
b: who was living at the date of the marriage of the husband or wife to the deceased or, as the case requires, when that de facto partner and the deceased started living in the de facto relationship.
5: Persons entitled to claim under Act
1: Section 3(1) paragraph (a)
aa: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death: .
2: Section 3(1) paragraph (e)
e: the parents of the deceased, though a parent of the deceased may not make a claim under this Act unless—
i: the parent was being maintained wholly or partly or was legally entitled to be maintained wholly or partly by the deceased immediately before his or her death; or
ii: at the date of the claim, no wife or husband of the deceased, and no de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of, and no child of a marriage or child of a de facto relationship of the deceased, is living.
6: Claims against estate of deceased person for maintenance
1: Section 4 subsection (1)
1: If any person (referred to in this Act as the deceased
1A: Subsection (1) Administration Act 1969 section 4A
2: Section 4(3) paragraph (a)
a: the person is—
i: the wife or husband of the deceased, or a de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death; or
ii: a child of a marriage or a child of a de facto relationship of the deceased, or a child of a marriage or a child of a de facto relationship of any such child; or .
7: New
section 4A The principal Act is amended by inserting, after section 4
4A: Restrictions on orders in favour of certain de facto partners
1: This section applies to a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death if the de facto relationship is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: The Court cannot make an order under this Act in favour of a de facto partner to whom this section applies unless—
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice to the de facto partner.
3: In subsection (2) child of the de facto relationship contribution section 2 of the Property (Relationships) Act 1976
8: Consequential repeal
The Status of Children Act 1969 sections 2(1) 3(1)(e) 4(3)(a)


Crimes Amendment Act 2001

1: Title
1: This Act is the Crimes Amendment Act 2001.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Dealing in slaves
1: Section 98(1) paragraphs (e) (f)
e: in any case not covered by paragraph (d)
f: builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e) .
2: Section 98(2) slave
4: New
section 149 The principal Act is amended by repealing section 149
149: Procuring for prostitution
Every one is liable to imprisonment for a term not exceeding 5 years who, for gain or reward, procures or agrees or offers to procure any person for the purposes of prostitution with any other person.
5: New
section 149A The principal Act is amended by inserting, after section 149
149A: Being client in act of prostitution by person under 18 years of age
1: Every one is liable to imprisonment for a term not exceeding 5 years who is a client in an act of prostitution by a person under the age of 18 years.
2: It is a defence to a charge under this section if the person charged believed on reasonable grounds that the prostitute was of or over the age of 18 years.
2: Amendment to Summary Proceedings Act 1957
6: Amendment to
Schedule 1 Summary Proceedings Act 1957 Part 1 Summary Proceedings Act 1957 section 149 Crimes Act 1961 149A Being client in act of prostitution by person under 18 years of age .


Public Audit Act 2001

1: Title
This Act is the Public Audit Act 2001.
1: Preliminary
2: Commencement
This Act comes into force on 1 July 2001.
3: Purpose of this Act
The purpose of this Act is to—
a: establish the Controller and Auditor-General as an officer of Parliament; and
b: reform and restate the law relating to the audit of public sector organisations.
4: Interpretation
In this Act, unless the context otherwise requires,— appointed auditor section 32 section 33 appointed CRD assurance practitioner section 34A section 15B auditing and assurance standard section 5 Auditor-General section 7 sections 21 24 to 30 or appointed CRD assurance practitioner climate reporting entity section 461O Crown
a: means the Sovereign
b: includes all Ministers of the Crown and all departments; but
c: does not include—
i: an Office of Parliament; or
ii: a Crown entity; or
iii: a State enterprise named in Schedule 1 Crown entity section 2(1) department section 2(1) Deputy Auditor-General section 11 document
a: anything on which there is writing or any image; and
b: anything on which there are marks, figures, symbols, or perforations having a meaning for persons qualified to interpret them; and
c: anything from which sounds, images, or writing can be reproduced, with or without the aid of anything else employee section 16 entity financial reporting standard section 5 FMC reporting entity section 451 local authority section 5(1) office of Parliament section 2(1) public entity section 5 State enterprise section 2 subsidiary
a: means a subsidiary within the meaning of sections 5 to 8
b: includes an entity that is classified as a subsidiary in any relevant Section 4 appointed CRD assurance practitioner inserted 27 October 2024 section 49(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4 approved financial reporting standard repealed 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 4 auditing and assurance standard replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 Auditor-General amended 27 October 2024 section 49(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4 climate reporting entity inserted 27 October 2024 section 49(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4 Crown editorial change 15 August 2024 sections 86(1) 87(a) Legislation Act 2019 Section 4 department inserted 7 August 2020 section 135 Public Service Act 2020 Section 4 financial reporting standard replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 FMC reporting entity inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 issuer repealed 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 subsidiary amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011
5: Meaning of public entity
1: In this Act, public entity
a: the Crown:
b: each office of Parliament, except where another auditor has been appointed for that office under section 45F(1)(b)
c: an entity of a class described in Schedule 1
d: an entity listed in Schedule 2
e: an entity in respect of which the Auditor-General is the auditor under any other enactment (other than section 19
f: an entity which is controlled by 1 or more entities of the kinds referred to in paragraphs (a) to (e).
2: For the purposes of subsection (1)(f), an entity is controlled by 1 or more other entities if—
a: the entity is a subsidiary of any of those other entities; or
b: the other entity or entities together control the entity within the meaning of any relevant
c: the other entity or entities can together control directly or indirectly the composition of the board of the entity within the meaning of sections 7 8
3: Despite subsections (1) and (2), an entity is not a public entity if,—
a: but for this subsection, it would be a public entity only by virtue of the application of both subsection (1)(f) and subsection (2)(c); and
b: it is specifically referred to in an enactment (either by name or otherwise); and
c: that enactment expressly requires or permits its financial statements to be audited by a person other than the Auditor-General. Section 5(1)(b) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 5(2)(b) amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011
6: Act to bind the Crown
This Act binds the Crown.
2: Controller and Auditor-General and Deputy Controller and Auditor-General
Auditor-General
7: Controller and Auditor-General
1: There is an officer of Parliament called the Controller and Auditor-General.
2: The Controller and Auditor-General is appointed by the Governor-General on the recommendation of the House of Representatives.
8: Auditor-General to hold no other office
The Auditor-General is not capable of being a member of Parliament or of a local authority and must not, without the approval of the Speaker of the House of Representatives, hold any other office or take on any other occupation.
9: Duty to act independently
The Auditor-General must act independently in the exercise and performance of the Auditor-General’s functions, duties, and powers.
10: Corporate status
1: The Auditor-General is a corporation sole with perpetual succession and a seal of office.
2: The Auditor-General has and may exercise all the rights, powers, and privileges and incur all the liabilities and obligations of a body corporate of full capacity. Deputy Auditor-General
11: Deputy Controller and Auditor-General
1: There is an officer of Parliament called the Deputy Controller and Auditor-General.
2: The Deputy Controller and Auditor-General is appointed by the Governor-General on the recommendation of the House of Representatives.
3: Sections 8 9
12: Functions, duties, and powers of Deputy Auditor-General
1: The Deputy Auditor-General has and may exercise, to the same extent as the Auditor-General, all the functions, duties, and powers of the Auditor-General.
2: The exercise by the Deputy Auditor-General of the Auditor-General’s functions, duties, and powers is subject to the control of the Auditor-General.
3: If there is a vacancy in the office of the Auditor-General, or if the Auditor-General is absent from duty for any reason, the Deputy Auditor-General has and may exercise all the functions, duties, and powers of the Auditor-General for as long as the vacancy or absence continues.
4: The fact that the Deputy Auditor-General exercises any function, duty, or power of the Auditor-General is, in the absence of evidence to the contrary, conclusive evidence of the Deputy Auditor-General’s authority to do so. Administrative provisions
13: Administrative provisions applying to Auditor-General, Deputy Auditor-General, and Auditor-General’s employees
The provisions set out in Schedule 3
3: Audits and reports
Audits of public entities
14: Auditor of public entities
1: The Auditor-General is the auditor of every public entity.
2: Nothing in sections 15 to 19
15: Financial report audit
1: The Auditor-General must from time to time audit the financial statements, accounts, and other information that a public entity is required to have audited.
2: In the case of an audit of a department (within the meaning of section 2(1)
3: In the case of an audit of an FMC reporting entity
4: If another enactment that would otherwise apply to a public entity (other than an FMC reporting entity) requires an audit of the public entity or the audit report (or both) to comply with auditing and assurance standards, that requirement does not apply in relation to the public entity. Section 15(2) added 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 15(3) added 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 15(3) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15(4) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
15A: Auditor-General may ask for quality review in respect of audits of
FMC reporting entities
1: The Auditor-General may ask the Financial Markets Authority to arrange for a quality review to be carried out of the systems, policies, and procedures applying to the employees of the Auditor-General who assist in the carrying out of audits of FMC reporting entities
2: The purpose of a quality review under this section is to provide the Auditor-General with advice on whether those systems, policies, and procedures are satisfactory in terms of—
a: promoting, in relation to audits of FMC reporting entities
b: otherwise promoting reasonable care, diligence, and skill in the carrying out of those audits.
3: The Auditor-General must take reasonable steps to ensure that the period between quality reviews carried out under this section does not exceed 4 years.
4: The Financial Markets Authority may—
a: prepare a report on a quality review carried out under this section; and
b: include recommendations in the report.
5: The Auditor-General must have regard to a report prepared under subsection (4) (but is not required to comply with any recommendations). Section 15A inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 15A heading amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15A(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15A(2)(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
15B: CRD assurance practitioner for public entities
1: The Auditor-General is, and must from time to time act as, the CRD assurance practitioner for an assurance engagement required for the purposes of Part 7A
2: In carrying out an assurance engagement under subsection (1), the Auditor-General must (at a minimum) comply with the auditing and assurance standards that apply to the assurance engagement. Section 15B inserted 27 October 2024 section 50 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
16: Performance audit
1: The Auditor-General may at any time examine—
a: the extent to which a public entity is carrying out its activities effectively and efficiently:
b: a public entity’s compliance with its statutory obligations:
c: any act or omission of a public entity, in order to determine whether waste has resulted or may have resulted or may result:
d: any act or omission showing or appearing to show a lack of probity or financial prudence by a public entity or 1 or more of its members, office holders, and employees.
2: An audit under this section may relate to 1 or more public entities.
3: Subsection (1)(a) does not apply to any registered bank (as defined in section 2(1)
4: If subsection (1)(a) applies and there is an applicable government or local authority policy to which the public entity is required to adhere, the examination is to be limited to the extent to which activities are being carried out effectively and efficiently in a manner consistent with that policy. Section 16(3) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
17: Other auditing services
The Auditor-General may, with the agreement of a public entity, perform for that entity any services of a kind that it is reasonable and appropriate for an auditor to perform.
18: Inquiries by Auditor-General
1: The Auditor-General may inquire, either on request or on the Auditor-General’s own initiative, into any matter concerning a public entity’s use of its resources.
2: Subsection (1) does not apply to any registered bank (as defined in section 2(1)
3: If subsection (1) applies and there is an applicable government or local authority policy to which the public entity is required to adhere, the inquiry is to be limited to the extent to which the public entity is using its resources in a manner consistent with that policy. Section 18(2) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Audits of other entities
19: Auditor of other entities
1: At the request of an entity that is not a public entity, the Auditor-General may enter into an arrangement with that entity to be its auditor.
2: Before entering into an arrangement, the Auditor-General must be satisfied that—
a: the entity exists for a public purpose; and
b: the entity is, or ought reasonably to be, accountable to any or all of the Crown, the House of Representatives, the public, or a section of the public for the exercise of its functions and the management of its resources; and
c: it is not practicable for those to whom the entity is, or ought reasonably to be, accountable to appoint an auditor of the entity; and
d: it is practicable and in the public interest that the Auditor-General accepts the appointment.
3: An arrangement may be for any term not exceeding 3 years and may be renewed from time to time.
4: The following sections and Parts apply to an entity audited by arrangement as if references in those sections to a public entity were references to the entity and with any other necessary modifications:
a: section 15
b: section 17
c: section 21
d: section 23
e: Part 4
f: Part 5
g: section 41
h: section 42 Reports
20: Reports to House of Representatives
In addition to the annual report prepared under section 37
21: Reports to Minister, committees, etc
The Auditor-General may report to a Minister, a committee of the House of Representatives, a public entity, or any person on any matter arising out of the performance and exercise of the Auditor-General’s functions, duties, and powers that the Auditor-General considers it desirable to report on.
22: Publication of Auditor-General’s report relating to public entity named or described in Local Government Official Information and Meetings Act 1987
If the Auditor-General has prepared a report under section 20 section 21 Schedules 1 2
a: the Auditor-General may direct the public entity to table the report during a meeting of the public entity that is open to the public; and
b: the public entity must do so at the next such meeting.
23: Publication of auditing standards
1: The Auditor-General must publish, by way of a report to the House of Representatives, the auditing standards that the Auditor-General applies, or intends to apply, to the conduct of audits and inquiries, and the provision of other auditing services, under this Part.
2: A report under subsection (1) must be prepared at least once every 3 years.
3: If requested to do so by any person, the Auditor-General must supply a copy of any report under subsection (1) to that person on payment by that person of a reasonable fee determined by the Auditor-General.
4: In each annual report prepared under section 37
5: A report under subsection (1) and an annual report prepared under section 37 Section 23(5) added 1 July 2011 section 12 Financial Reporting Amendment Act 2011
4: Information-gathering powers and disclosure of information
24: Access to information
The chief executive and the governing body of a public entity must ensure that the Auditor-General has access at all times to the documents of the entity relating to the performance and exercise of the Auditor-General’s functions, duties, and powers.
25: Power of Auditor-General to obtain information
1: For the purposes of exercising or performing the Auditor-General’s functions, duties, or powers, the Auditor-General may require a public entity or any person to:
a: produce to the Auditor-General a document in the entity’s or person’s custody, care, or control:
b: provide the Auditor-General with information or an explanation about any information.
2: If any information is required from a person who is not a member, employee, or office holder of the public entity, the Auditor-General must—
a: advise the person in writing of the nature of the information; and
b: state that it is required under this section; and
c: if the person is an individual and the information required is personal information about that individual, comply with information privacy principle 3 set out in section 22
3: The Auditor-General may pay the person referred to in subsection (2) the reasonable costs and disbursements of providing the information and may recover those costs and disbursements from the public entity to which the information relates. Section 25(2)(c) amended 1 December 2020 section 217 Privacy Act 2020
26: Power to examine on oath
1: The Auditor-General may, in the course of the exercise or performance of the Auditor-General’s functions, duties, or powers, require a person to give evidence.
2: The Auditor-General may require the evidence to be given either orally or in writing.
3: For the purpose of examining a person, the Auditor-General may administer an oath.
4: Section 108
5: The Auditor-General may pay a person the reasonable costs and expenses incurred by that person in giving evidence to the Auditor-General.
6: The Auditor-General may recover those costs and expenses from the public entity to which the evidence relates.
27: Power to inspect bank accounts
1: For the purpose of exercising or performing the Auditor-General’s functions, duties, or powers, the Auditor-General may examine or audit the account of any person in any bank and, for that purpose, may—
a: require any officer of the bank to produce any document or provide any information relating to that account in the bank’s custody, care, or control; and
b: take copies of any document so produced.
2: The powers conferred on the Auditor-General by subsection (1) must not be exercised unless the Auditor-General is authorised to do so by warrant issued by a District Court Judge on the grounds that the Auditor-General has reason to believe that money belonging to a public entity has been fraudulently or wrongfully paid into the person’s account.
28: Protection for persons supplying information
1: A person who is required by any enactment to maintain secrecy or not to disclose information relating to a matter may be required by the Auditor-General to do any of the things referred to in sections 25 26 27
2: Compliance with a requirement of the Auditor-General under the sections referred to in subsection (1) is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.
29: Access to premises
For the purpose of obtaining documents, information, or other evidence relevant to any matter arising in the exercise or performance of the Auditor-General’s functions, duties, or powers, the Auditor-General may, at all reasonable times,—
a: enter into and remain on—
i: a public entity’s premises; or
ii: any other premises if so authorised by warrant issued by a District Court Judge on the grounds that there is reasonable cause to suspect that documents, information, or other evidence relating to the activities of that public entity are or may be held at those premises:
b: carry out a search for a document, examine a document, and make copies of a document or parts of a document.
30: Disclosure by Auditor-General
1: This section applies to the disclosure of information by the Auditor-General.
2: The Auditor-General may disclose such information as the Auditor-General considers appropriate to disclose in the exercise of his or her functions, duties, or powers.
3: Before disclosing any information, the Auditor-General must consider—
a: the public interest:
b: an auditor’s professional obligations concerning confidentiality of information:
c: the interests described in sections 6 7 9(2)
4: Section 30(4) repealed 1 December 2020 section 217 Privacy Act 2020
31: Self-incrimination
1: A person is not excused from answering a question or giving any information or document under this Act on the ground that to do so may incriminate or tend to incriminate that person.
2: A self-incriminating statement or document made or given under this Act is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 108 section 39(1)(c)
5: Appointments and delegations
Appointment of auditors
32: Appointment of auditors for financial report audit
1: The Auditor-General may from time to time appoint any of the following persons or bodies to act as an auditor and to carry out 1 or more audits of entities under section 15 section 17
a: an employee of the Auditor-General:
b: a person qualified to be an auditor of an entity under section 36(1) and (4)
c: a partnership, if all or some of the partners are persons who are qualified to be appointed as auditors of an entity under section 36(1) and (4)
1A: The Auditor-General must, before appointing a person to act as the auditor of an FMC reporting entity
a: is a natural person who—
i: meets the prescribed minimum standards for the issue of a licence prescribed under subpart 3
ii: has the competence, qualifications, and experience that are equivalent to, or as satisfactory as, those standards; or
b: is a body corporate that is a registered audit firm (within the meaning of the Auditor Regulation Act 2011
1B: The Auditor-General must, before appointing a partnership to act as the auditor of an FMC reporting entity
a: meets the prescribed minimum standards for the registration of an audit firm prescribed under subpart 3
b: meets other requirements that are equivalent to, or as satisfactory as, those standards.
1C: Subsections (1A) and (1B) apply only after the relevant minimum standards have been prescribed under subpart 3
2: If a partnership is appointed under subsection (1)(c),—
a: the appointment of the partnership is to be treated as an appointment of all the persons who are partners in the firm from time to time; and
b: if the partnership includes persons who are not qualified to be appointed as auditors of an entity under section 36(1) and (4)
3: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit. Section 32(1)(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1)(c) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1A) inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 32(1A) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1A)(a) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 32(1A)(b) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 32(1B) inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 32(1B) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1C) inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 32(2)(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
33: Appointment of auditors for performance audit or inquiries
1: The Auditor-General may from time to time appoint to carry out 1 or more performance audits under section 16 section 18
2: An appointment may be made for 1 or more public entities and for any period of time.
3: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit.
34: Powers of appointed auditor
When appointing an auditor under section 32 section 33
a: report under section 21
b: have access to information under section 24
c: require a public entity or other person to produce a document or to provide information under section 25
d: inspect bank accounts under section 27
e: apply section 28
f: exercise the powers under section 29
g: disclose information under section 30
34A: Appointment of CRD assurance practitioners
1: The Auditor-General may from time to time appoint any of the following to act as a CRD assurance practitioner and to carry out, under section 15B Part 7A
a: an employee of the Auditor-General:
b: a person who, under section 461ZH(2)
2: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit.
3: The Auditor-General may authorise an appointed CRD assurance practitioner to exercise such of the powers listed in section 34 Section 34A inserted 27 October 2024 section 51 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Delegations
35: Delegation of powers
1: The Auditor-General may from time to time, either generally or particularly, delegate all or any of the Auditor-General’s functions, duties, and powers (including this power of delegation) to an employee of the Auditor-General.
2: However, the Auditor-General must not delegate—
a: the power of appointment of auditors under section 32 section 33
aa: the power of appointment of CRD assurance practitioners under section 34A
b: the function of reporting to the House of Representatives; or
c: the power to require the tabling of a public report by a local authority.
3: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions the Auditor-General thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a duty, function, or power by the Auditor-General.
4: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
5: A person purporting to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. Section 35(2)(aa) inserted 27 October 2024 section 52 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
6: Accountability
36: Annual plan of Auditor-General
1: At least 60 days before the beginning of each financial year, the Auditor-General must prepare and submit to the Speaker of the House of Representatives a draft annual plan that—
a: describes the Auditor-General’s proposed work programme for that year; and
b:
2: The Speaker must present the draft annual plan to the House of Representatives as soon as reasonably practicable.
3: The Auditor-General, after considering any comments of the Speaker or any committee of the House of Representatives that considered the draft annual plan, may amend the plan as the Auditor-General thinks necessary but must indicate in the plan the nature of any changes to the Auditor-General’s work programme priorities requested by the Speaker or any committee of the House of Representatives but not included in the plan.
4: The Auditor-General must present a completed annual plan to the Speaker before the beginning of each financial year and the Speaker must then present it to the House of Representatives.
5: Section 36(1)(b) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 36(5) repealed 18 July 2013 section 57 Public Finance Amendment Act 2013
37: Annual report of Auditor-General
1: As soon as practicable after the end of each financial year, the Auditor-General must prepare and present an annual report to the House of Representatives in accordance with section 43
2: The report must include—
a:
b: an account of the implementation of the annual plan required under section 36
c: a list of entities audited by the Auditor-General under an arrangement in accordance with section 19 Section 37(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 37(2)(a) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004
38: Independent auditor to audit Auditor-General
1: The House of Representatives must, by resolution, in respect of each financial year appoint an independent auditor to audit the financial statements, accounts, and other information relating to that year and for this purpose the Auditor-General is to be regarded as a public entity under this Act.
2: Parts 3 section 23 4 section 42
7: Miscellaneous provisions
39: Offences
1: Every person commits an offence who, without lawful justification or excuse,—
a: intentionally obstructs, hinders, or resists the Auditor-General or any other person in the exercise of the Auditor-General’s or other person’s powers under this Act:
b: intentionally refuses or fails to comply with any lawful requirement of the Auditor-General or any other person under this Act:
c: makes a statement or gives information to the Auditor-General or any other person exercising powers under this Act, knowing that the statement or information is false or misleading:
d: represents directly or indirectly that the person holds any authority under this Act when that person knowingly does not hold that authority.
2: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to a fine not exceeding $2,000:
b: in the case of a person or organisation other than an individual, to a fine not exceeding $5,000. Section 39(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
40: Time for commencing proceedings
1: Despite anything to the contrary in section 25
2: Despite the Criminal Procedure Act 2011 Section 40(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
41: Protection from liability
1: This section applies to—
a: the Auditor-General in his or her personal capacity; and
b: the Deputy Auditor-General in his or her personal capacity; and
c: every person employed by the Auditor-General, whether acting as an appointed auditor or an appointed CRD assurance practitioner or neither
2: No person to whom this section applies is personally liable for an act or omission in connection with performing or exercising a function, duty, or power under this Act, unless the act or omission was done in bad faith.
3: Subsection (2) does not limit any disciplinary functions, powers, or duties of any person or body that apply to any of the persons to whom this section applies by virtue of their membership of a professional body. Section 41(1)(c) amended 27 October 2024 section 53 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
42: Audit fees
1: The Auditor-General may charge fees to a public entity for the provision of services under any of sections 14 15 15B 16 17
2: The fees must be reasonable, having regard to—
a: the nature and extent of the services provided; and
b: the requirements of auditing standards published under section 23
c: the qualifications and experience of the persons necessarily engaged in providing the services; and
d: any other matters the Auditor-General thinks fit.
3: The Auditor-General may permit an appointed auditor or an appointed CRD assurance practitioner
4: The public entity must pay any fees to the Auditor-General, or to the appointed auditor or the appointed CRD assurance practitioner, on the completion of the whole or any part of the audit or assurance engagement when requested in writing to do so.
5: If the Auditor-General and the public entity fail to agree as to the reasonableness of a fee, the matter must be submitted to arbitration and the provisions of the Arbitration Act 1996 Section 42(1) amended 27 October 2024 section 54(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 42(3) amended 27 October 2024 section 54(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 42(4) replaced 27 October 2024 section 54(3) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
43: Exemption from income tax
For the purposes of sections CW 38 CW 39 Section 43 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
44: Amendments to Schedule 2
1: The Governor-General may from time to time, by Order in Council on the recommendation of the Minister of Finance, amend Schedule 2
a: by adding the name of an entity that is to be a public entity; or
b: by omitting the name of an entity that no longer exists; or
c: by correcting the name of an entity.
2: The Minister of Finance must not recommend the addition of the name of an entity to Schedule 2 paragraphs (a) to (d) of section 19(2)
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 44(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Amendments, repeals, revocations, and savings
Amendments to Local Government Act 1974
45: Returns of expenditure
Section 45 repealed 1 July 2003 section 266 Local Government Act 2002
46: Assessment of tax
Amendment(s) incorporated in the Act(s)
47: Failure to comply with financial reporting requirements
Section 47 repealed 1 July 2003 section 266 Local Government Act 2002
48: Person carrying on transport or ferry service may sell undertaking to territorial authority
Section 48 repealed 1 July 2003 section 266 Local Government Act 2002
49: New section 594ZC substituted
Section 49 repealed 1 July 2003 section 266 Local Government Act 2002
50: New heading and sections 706A to 706C inserted
Section 50 repealed 1 July 2003 section 266 Local Government Act 2002
51: Infrastructure Auckland to be local authority for certain purposes
Section 51 repealed 1 July 2004 section 48(1)(c) Local Government (Auckland) Amendment Act 2004 Consequential amendments
52: References to Audit Department and Audit Office
Every reference to the Audit Department or the Audit Office in any enactment is to be read as a reference to the Auditor-General.
53: Consequential amendments to enactments
The enactments listed in Schedule 4 Consequential repeals and revocation
54: Consequential repeals and revocation
1: The following enactments are repealed:
a: Public Finance Act 1977
b: Public Finance Amendment Act 1994
2: The Public Finance (Poutama Trust Audit) Order 1990
9: Transitional provisions
Continuation of offices
55: Controller and Auditor-General and Deputy Controller and Auditor-General
Despite the enactment of this Act, each of the persons holding office as Controller and Auditor-General or Deputy Controller and Auditor-General immediately before the commencement of this Act continues, after that commencement, to hold office on the same terms and conditions as those on which they held office before that commencement. Audit Department
56: Audit Department
The Audit Department is abolished.
57: Transfer of Crown assets and liabilities to Auditor-General
1: Despite any Act, rule of law, deed, or agreement, and for such consideration and on such terms and conditions as the Minister of Finance may agree with the Auditor-General, that Minister may, on behalf of the Crown,—
a: transfer to the Auditor-General assets and liabilities of the Crown; and
b: authorise the Auditor-General to act on behalf of the Crown in managing assets or liabilities of the Crown; and
c: grant to the Auditor-General leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown.
2: The Minister of Finance must present to the House of Representatives any contract or other document entered into under subsection (1) within 12 sitting days after the date of that contract or document.
58: Rights and liabilities of the Crown and third parties following transfer or grant
1: If there is a transfer or grant of any asset, liability, authority, or rights to the Auditor-General under any of paragraphs (a) to (c) of section 57(1)
a: the transfer or grant does not entitle any other person to terminate, alter, or in any way affect the rights or liabilities of the Crown or the Auditor-General under any Act or any deed or agreement:
b: if the transfer or grant is registrable, the person responsible for keeping the register must register the transfer or grant immediately after written notice of the transfer or grant is received by that person from any person authorised for this purpose by the Minister of Finance:
c: the presentation to the House of Representatives of any contract or other document relating to the transfer or grant is to be treated as notice of the transfer or grant and, after the date of the contract or document, any affected third party is to deal with the Auditor-General in place of the Crown:
d: the Crown remains liable to any third party as if the transfer or grant had not been made, but the Auditor-General must indemnify the Crown in respect of any liability to the third party:
e: any satisfaction or performance by the Auditor-General in respect of the asset, liability, authority, or rights is to be treated as also satisfaction or performance by the Crown:
f: any satisfaction or performance in respect of the asset or liability, authority, or rights by any third party to the benefit of the Auditor-General is to be treated as also to the benefit of the Crown.
2: No provision in any deed or agreement limiting the Crown’s right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, has any application or effect in respect of any contract or other document or transfer entered into or effected under this Act or under such a contract or other document or transfer.
3: Any asset, liability, authority, or rights of the Crown may be transferred or granted to the Auditor-General under this Act whether or not any Act or deed or agreement relating to the asset, liability, authority, or rights permits such transfer or grant or requires any consent to such a transfer or grant. Employees in Audit Department to be employees of Auditor-General
59: Transitional provisions in respect of employees of Audit Department
Every person employed in the Audit Department immediately before the date of commencement of this Act is, on and from that date, an employee of the Auditor-General and is employed under the same terms and conditions as applied to that employee immediately before that date.
60: Protection of conditions of employment
For the purposes of every enactment, law, contract, and agreement relating to the employment of a person referred to in section 59
a: the contract of employment of that employee that applied immediately before the commencement of this Act in respect of that person’s employment in the Audit Department is to be treated as unbroken; and
b: the employee’s period of service with the Audit Department and every other period of service of that employee that was recognised by the Audit Department as continuous service is to be treated as a period of service with the Auditor-General.
61: No compensation for technical redundancy
A person to whom section 59
62: Membership of Government Superannuation Fund
If a person to whom section 59 Government Superannuation Fund Act 1956
a: that person is to be regarded for the purposes of the Government Superannuation Fund Act 1956
b: the Government Superannuation Fund Act 1956 Transitional audits
63: Audits for financial years ending before commencement of Act
Nothing in this Act—
a: limits or affects any duty or power that the Auditor-General had before the date of commencement of this Act to undertake and complete an audit of an entity for any financial year ending before that date; or
b: requires the Auditor-General to undertake or complete an audit of an entity for any financial year ending before that date if the Auditor-General was not the auditor of the entity before that date.


Te Ture Whenua Maori Amendment Act 2001

1: Title
1: This Act is both—
a: Te Ture Whenua Maori Amendment Act 2001; and
b: the Maori Land Amendment Act 2001.
2: In this Act, Te Ture Whenua Maori Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation of English terms
1: Section 4 paragraph (c)(iv) alienation years (including any term or terms of renewal)
2: Section 4 order order
a: means—
i: an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and
ii: an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1)
iii: an order made by the Chief Judge under section 44
b: includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii) .
4: New
section 24A The principal Act is amended by inserting, after section 24
24A: Powers of Court under
Contracts (Privity) Act 1982 Contractual Remedies Act 1979
1: Subject to subsection (2)
a: by the Contracts (Privity) Act 1982
b: by any of the provisions of sections 4, 7(6), 7(7), and 9 of the Contractual Remedies Act 1979
2: A power conferred on the Court by subsection (1) section 7(1) of the Contracts (Privity) Act 1982 section 7(6) or section 9 of the Contractual Remedies Act 1979 section 18(1)(d) of this Act
5: Power of Court to make order to restore effect of lost instruments of alienation
Section 25 subsection (3)
3: Instead of or in addition to making an order declaring the nature and effect of the instrument, the Court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in—
a: any person or persons claiming under the instrument; or
b: any other person or persons claiming under or through the person or persons specified in paragraph (a)
6: New section 30A inserted
Section 6 repealed 1 July 2002 59(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002
7: Chief Judge may correct mistakes and omissions
1: Section 44(1) the Court or a Registrar (including an order made by a Registrar before the commencement of this Act)
2: Section 44(4) Part V Part VI
8: Appointment of receiver to enforce charges, etc
Section 83(6) years (including any term or terms of renewal)
9: Court not to grant confirmation unless satisfied of certain matters
Section 152(1)(g) longer (including any term or terms of renewal)
10: New
section 228
1: The principal Act is amended by repealing section 228
228: Trustees' powers of alienation
1: Despite anything in the trust order, but subject to subsection (2) section 243(7) section 6 of the Maori Affairs Amendment Act 1967
a: at least three-quarters of the owners, where no owner has a defined share in the land; or
b: the persons who together own at least 75% of the beneficial freehold interest in the land.
2: Subsection (1) and section 147(2)
3: Every alienation of any land (being Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967 Part VIII
2: Section 13 Te Ture Whenua Maori Amendment Act 1994
11: Acquisition of land by trustees
Section 243(7) land, (other than Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967
12: Incorporation's powers of alienation
Section 254(1)(a)(ii) years (including any term or terms of renewal)
13: Certain instruments require noting by Registrar
Section 255(b)(i) years (including any term or terms of renewal)
14: Disposal of land on winding up of incorporation
Section 283(2 years (including any term or terms of renewal)
15: Aggregation orders
1: Section 308(4) The Subject to subsection (5)
2: Section 308
5: Despite subsection (4) subsections (6) and (7) section 293
6: Where land that will be affected by the cancellation of an aggregation order is—
a: land in respect of which a trust is constituted under Part XII
b: land vested in a Maori incorporation,— the Court may not exercise the power conferred on the Court by subsection (5)
7: The Court may not, under section 293(1) subsection (5)
16: Maori reservations for communal purposes
1: Section 338(12) years (including any term or terms of renewal)
2: Section 338(14) years (including any term or terms of renewal)
17: Maori reservations for communal purposes
1: Section 338(8) in accordance with , and be subject to,
2: Section 338 subsection (17)
17: Where any Maori reservation (set apart under any Act repealed by this Act or the corresponding provisions of any former Act) is subsisting at the commencement of this Act, this Act, and any regulations made under this Act, have effect,—
a: in relation to the Maori reservation, as if it were a Maori reservation set apart under this section; and
b: in relation to any vesting order made in respect of the Maori reservation (under any Act repealed by this Act or the corresponding provisions of any former Act), as if that vesting order were a vesting order made under this section.
18: New
section 338A The principal Act is amended by inserting, after section 338
338A: Regulations relating to trustees of Maori reservations
1: Regulations made under section 338(15)
a: specify—
i: terms for which those trustees or any of them are to be appointed:
ii: circumstances in which those trustees or any of them cease to hold office:
iii: circumstances in which those trustees or any of them may be removed from office by the Court:
iv: powers, authorities, and discretions that may be exercised by those trustees (in addition to those conferred on them by this Act) and the manner in which those trustees or any of them may exercise their powers, authorities, and discretions (including those conferred on them by this Act or the Trustee Act 1956
v: powers, authorities, and discretions conferred by the Trustee Act 1956
vi: conditions that must be complied with by those trustees:
b: authorise the Court to exercise in relation to those trustees (but not to the exclusion of the High Court) any of the powers and authorities conferred on the High Court by the Trustee Act 1956
2: Nothing in subsection (1)
a: the powers of the Court under section 338(8)
b: the generality of section 338(15)
19: Maori Reservations Regulations 1994
1: Subject to subsections (2) to (4) Maori Reservations Regulations 1994
2: Regulation 3 Maori Reservations Regulations 1994 paragraph (d)
3: Despite subsection (2)
a: the action of any person, in vacating office before the commencement of this Act, in accordance with regulation 3(d) Maori Reservations Regulations 1994
b: the action of any person, in declining to vacate office in accordance with regulation 3(d) Maori Reservations Regulations 1994
c: the action of the Court, in appointing any person as a trustee of a Maori reservation in the place of a person who has, before the commencement of this Act, vacated office in accordance with regulation 3(d) Maori Reservations Regulations 1994
4: Despite subsections (2) (3) regulation 3(d) Maori Reservations Regulations 1994
a: to be reinstated in office; or
b: to receive any compensation for loss of office by reason of his or her vacation of office in accordance with regulation 3(d)


1: Title
1: This Act is the Maori Purposes Act 1991 Amendment Act 2001.
2: In this Act, the Maori Purposes Act 1991 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Wi Pere Trust
1: Section 2 subsection (6)
6A: Despite subsection (5) subsection (7) or subsection (8)
a: the trustee is reappointed; or
b: a successor to the trustee is appointed.
2: Section 2(6A) subsection (1)


Maori Purposes Fund Amendment Act 2001

1: Title
1: This Act is the Maori Purposes Fund Amendment Act 2001.
2: In this Act, the Maori Purposes Fund Act 1934-35 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Maori Purposes Fund Board established
Section 7(2) paragraph (c)
c: the members of Parliament for the Maori electoral districts: .


Maori Soldiers Trust Amendment Act 2001

1: Title
1: This Act is the Maori Soldiers Trust Amendment Act 2001.
2: In this Act, the Maori Soldiers Trust Act 1957 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 5A The principal Act is amended by inserting, after section 5
5A: Investment otherwise than in Maori Trustee's Common Fund
1: Despite sections 4 and 5 section 24 of the Maori Trustee Act 1953
2: The care, diligence, and skill that a prudent person of business would exercise in managing the affairs of others must be exercisedâ€”
a: by the Trust Committee in giving directions under section 24 of the Maori Trustee Act 1953
b: subject to directions given by the Trust Committee, by the Maori Trustee in investing money held for the purposes of the Trust.


1: Title
1: This Act is the Maori Purposes Act 1993 Amendment Act 2001.
2: In this Act, the Maori Purposes Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
In this Act, unless the context otherwise requires,â€” specified mana contract Te Runanga section 4 Te Runanga o Ngati Whatua Act 1988 Trust Board section 4 of the Orakei Block (Vesting and Use) Act 1978 section 6A Maori Trust Boards Act 1955
4: Te Runanga o Ngati Whatua deemed to be mana authority in place of Ngati Whatua o Orakei Maori Trust Board
For the purposes of the principal Act, Te Runanga is, and has always been, a mana authority in place of the Trust Board as if Te Runanga and not the Trust Board were and had always been the party to the specified mana contract.
5: Application of
sections 5 to 12 Sections 5 to 12 section 4(1) sections 5 to 7


1: Title
1: This Act is the Shop Trading Hours Act Repeal Amendment Act 2001.
2: In this Act, the Shop Trading Hours Act Repeal Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day
Section 3(1) section 4 sections 4 and 4A
4: New
section 4A The principal Act is amended by inserting, after section 4
4A: Garden centres may remain open on Easter Sunday
Section 3(1)
5: New
section 7A The principal Act is amended by inserting, after section 7
7A: Further consequential protection for certain workers
1: An employment agreement entered into or made before, on, or after the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 must not be interpreted as requiring a person who is a shop worker in a shop to which section 4A
2: Subsection (1) section 4
3: In this section,â€” employment agreement section 5 of the Employment Relations Act 2000 shop worker section 7(1)
6: Effect of certain provisions in leases, etc
Section 8 subsection (2)
2A: A mandatory opening provision in a lease, licence, contract, covenant, or agreement entered into, or made before, the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 must not be interpreted as requiring a shop to which section 4A
2B: Subsection (2A) section 4
7: Prosecutions
Section 9 subsection (2)
2: Every prosecution under section 5


1: Title
1: This Act is the Companies (Registration of Charges) Amendment Act 2001.
2: In this Act, the Companies (Registration of Charges) Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Savings
Section 6(1) of the principal Act , and may be amended as if they had not been repealed.


Companies Act 1993 Amendment Act 2001

1: Title
1: This Act is the Companies Act 1993 Amendment Act 2001.
2: In this Act, the Companies Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Rights and powers attaching to shares
Section 36(2) section 44 or section 107(2)
4: New
section 40 The principal Act is amended by repealing section 40
40: Contracts for issue of shares
A contract or deed under which a company is or may be required to issue shares, whether on the exercise of an option or on the conversion of securities or otherwise, is an illegal contract for the purposes of the Illegal Contracts Act 1970
a: the board is entitled to issue the shares; and
b: either—
i: the board has complied with section 47 or section 49
ii: all entitled persons agree or concur with the issue of the shares under section 107(2)
iii: the contract or deed expressly provides that the contract or deed is subject to—
A: the board complying with section 47 or section 49
B: all entitled persons agreeing to or concurring with the issue of the shares under section 107(2)
5: Transfer of shares under approved system
Section 85(1) paragraph (c)
c: either—
i: the Act or the constitution expressly permits the board to refuse or delay registration for the reasons stated; or
ii: any identification number assigned to the shares or issued to the holder of the shares under a system of transfer approved under section 7 of the Securities Transfer Act 1991
6: Share certificates
Section 95(2) of this section or subsection (5)
7: Unanimous assent to certain types of action
Section 107(1)(c) 58 59
8: Resolution in lieu of meeting
Section 122(3A) For the purposes of subsection (2) Any resolution in writing under this section
9: Meaning of director
Section 126(1) paragraphs (b) (c) and 301 of this Act 301, 383, and 385
10: Major transactions
Section 129(2A) paragraph paragraph (b)
11: Disclosure of interest
Section 140(2) or and, if the company has more than 1 director,
12: New
section 258A The principal Act is amended by inserting, after section 258
258A: Duty to notify suspected offences
1: A liquidator of a company who considers that an offence that is material to the liquidation has been committed by the company or any director of the company against this Act or any of the following Acts must report that fact to the Registrar:
a: the Companies Act 1955
b: the Crimes Act 1961
c: the Securities Act 1978
d: the Financial Reporting Act 1993
e: the Takeovers Act 1993
2: A report made under subsection (1)
3: A liquidator who fails to comply with subsection (1) section 373(2)
13: Power to obtain documents and information
Section 261 subsection (6)
6A: A person who fails to comply with a notice given under this section commits an offence and is liable on conviction to the penalty set out in section 373(3)
14: Penalty for failure to comply with Act
1: Section 373(2) paragraph (m)
ma: section 258A(2) .
2: Section 373(3) paragraphs (a) (b)
a: section 261(6A)
b: section 273(2)
c: section 274(2)
15: Registrar may prohibit persons from managing companies
Section 385 subsection (5)
5: The Registrar must not exercise the power conferred by subsection (3)
a: not less than 10 working days' notice of the fact that the Registrar intends to consider the exercise of it is given to the person; and
b: the Registrar considers any representations made by the person.


Fair Trading Amendment Act 2001

1: Title
1: This Act is the Fair Trading Amendment Act 2001.
2: In this Act, the Fair Trading Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
3: Other orders
Section 43 subsection (5)
5: An application under subsection (1)
4: Provisions as to proceedings already barred and pending proceedings
Nothing in this Act—
a: enables any proceedings to be brought which were barred before the commencement of this Act; or
b: affects any proceedings commenced before the commencement of this Act.


Financial Reporting Amendment Act 2001

1: Title
1: This Act is the Financial Reporting Amendment Act 2001.
2: In this Act, the Financial Reporting Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Obligation to prepare group financial statements
Section 13(2) comprise a reporting entity that is
4: Registration of financial statements by issuers
Section 18 subsection (3)
3: Any person may, on payment of the prescribed fee (if any), inspect the copies of an issuer's financial statements and auditor's report on those statements delivered to the Registrar under subsection (1)
5: Fees
Section 20(a) 18(2) or section 18(3)
6: Consultation
1: Section 26 subsection (1)
1A: The Board must not approve a financial reporting standard, or an amendment to an approved financial reporting standard, that is likely to require the disclosure of personal information unless—
a: the Board is satisfied that,—
i: in the case of a standard or amendment based on a standard or amendment adopted by the Institute of Chartered Accountants of New Zealand or the organisation or person by whom it was submitted to the Board, the Institute or organisation or person, as the case may be, consulted with the Privacy Commissioner before the standard or amendment was adopted; or
ii: in the case of a standard or amendment based on a standard or amendment that was not adopted by the Institute of Chartered Accountants of New Zealand or organisation or person by whom it was submitted to the Board, the Institute or organisation or person, as the case may be, consulted with the Privacy Commissioner before the standard or amendment was submitted to the Board; or
b: the Board has consulted with the Privacy Commissioner.
2: Section 26(2) of this section shall or subsection (1A)
3: Section 26
3: In subsection (1A) personal information Privacy Commissioner section 2 of the Privacy Act 1993
7: New
section 33 The principal Act is amended by repealing section 33
33: Disallowance of determinations by House of Representatives
The Regulations (Disallowance) Act 1989
a: any approval of a financial reporting standard and any amendment to an approved financial reporting standard:
b: any revocation of an approval of an approved financial reporting standard:
c: any determination made under section 27(3A)
8: Offences by directors of issuers
Section 38
a: by omitting from paragraph (b) section 18(1) of this Act section 18(1)
b: by repealing paragraph (c)
9: New
section 42A The principal Act is amended by inserting, after section 42
42A: Privacy Act 1993 The disclosure of personal information (as defined in section 2 of the Privacy Act 1993 principle 10 or principle 11 of that Act


Insolvency Amendment Act 2001

1: Title
1: This Act is the Insolvency Amendment Act 2001.
2: In this Act, the Insolvency Act 1967 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 45 to 45B The principal Act is amended by repealing section 45
45: Assignee may require bankrupt to contribute towards payment of debts
1: A bankrupt must pay any amount, or make periodic payments, to the Assignee as required by the Assignee during the bankruptcy.
2: The Assignee may impose conditions in respect of those payments.
3: Before the Assignee may require the bankrupt to make those payments, the Assignee must—
a: have regard to all the circumstances of the bankruptcy and the bankrupt's conduct, earning power, responsibilities, and prospects; and
b: make reasonable allowance for the maintenance of the bankrupt, the bankrupt's spouse, and the bankrupt's family.
4: The Court may, on the application of the bankrupt or any creditor,—
a: vary, suspend, or cancel the bankrupt's obligation to make the payments under this section:
b: remit any arrears owing by the bankrupt.
45A: Court may order that money due to bankrupt be assigned to Assignee
1: The Court may, on the application of the Assignee, make an order assigning or charging to or in favour of the Assignee any money due to the bankrupt or to become due or payable to the bankrupt.
2: That assignment or charge operates as a discharge to the person who pays the Assignee.
45B: Application of
section 104 The Assignee must apply the following payments in accordance with section 104
a: any amount paid by the bankrupt under section 45
b: any amount paid to the Assignee under an order made under section 45A
4: New
section 62 The principal Act is amended by repealing section 62
62: Prohibition of bankrupt entering business
1: An undischarged bankrupt must not, without the consent of the Assignee or the Court either directly or indirectly,—
a: enter into, carry on, or take part in the management or control of, any business:
b: be employed by a relative of the bankrupt or by any company, trust, trustee, or incorporated society, that is managed or controlled by a relative of the bankrupt.
2: Nothing in this section restricts section 151 of the Companies Act 1993
5: Court may order debtor to be arrested
Section 63(1) residence either temporarily or permanently
6: Court may order debtor's property to be seized
Section 64(1)(b) residence either temporarily or permanently
7: New
section 68A The principal Act is amended by inserting, after section 68
68A: Assignee may obtain documents
The Assignee may, by notice in writing, require the bankrupt, the bankrupt's spouse, or any other person to deliver to the Assignee any book, paper, or document relating to the dealings or property of the bankrupt in that person's possession or under that person's control as the Assignee requires.
8: Crimes by bankrupt
Section 126(1)(k) New Zealand either temporarily or permanently
9: Summary offences
1: Section 128
a: by omitting from subsection (1) 3 months 12 months
b: by inserting in subsection (1)(f) New Zealand either temporarily or permanently
2: Section 128 subsections (2) (3)
2: Despite anything in section 14 of the Summary Proceedings Act 1957 paragraphs (a) to (g) of subsection (1)
10: Offences by undischarged bankrupts in relation to management of companies
Section 128A(1)
a: by omitting the expression 6 months 12 months
b: by omitting the expression $1,000 $5,000


Receiverships Amendment Act 2001

1: Title
1: This Act is the Receiverships Amendment Act 2001.
2: In this Act, the Receiverships Act 1993 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: Interpretation
Section 2(1) account receivable section 16(1) of the Personal Property Securities Act 1999 inventory section 16(1) of the Personal Property Securities Act 1999 new value section 16(1) of the Personal Property Securities Act 1999 proceeds section 16(1) of the Personal Property Securities Act 1999 purchase money security interest section 16(1) of the Personal Property Securities Act 1999 security agreement section 16(1) of the Personal Property Securities Act 1999 security interest section 17 of the Personal Property Securities Act 1999
4: Duty to notify suspected offences against other Acts
1: Section 28(1) offence that is material to the receivership
2: Section 28(1) paragraph (a)
aa: the Crimes Act 1961
3: Section 28 subsection (1)
1A: A report made under subsection (1)
5: Preferential claims
1: Section 30 subsection (1)
1: This section applies to a receiver of the property of a grantor that is a company, other than a company in liquidation at the time of the receiver's appointment, and who was appointed under a security agreement that created or provided for a security interest that—
a: is over all or any part of the company's accounts receivable and inventory or all or any part of either of them; and
b: is not a purchase money security interest; and
c: does not arise from the transfer of an account receivable for which new value is provided by the transferee for the acquisition of that account receivable (whether or not the transfer of the account receivable secures payment or performance of an obligation).
2: Section 30(2)
a: omitting the words property that is subject to the security interest accounts receivable and inventory that are subject to the security interest or their proceeds
b: inserting, before the words any claim from those assets
c: inserting, after the word security interest
3: Section 30
5: The provisions of this section, as in force immediately before the commencement of the Personal Property Securities Act 1999
6: New
section 30A The principal Act is amended by inserting, after section 30
30A: Extinguishment of subordinate security interests
If property has been disposed of by a receiver, all security interests in the property and its proceeds that are subordinate to the security interest of the person in whose interests the receiver was appointed are extinguished on the disposition of the property. 1999 No 126 115


1: Title
1: This Act is the Personal Property Securities Amendment Act 2001.
2: In this Act, the Personal Property Securities Act 1999 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: New
sections 9 9A The principal Act is amended by repealing section 9
9: Part 5 Part 5
9A: Part 6 Part 6
4: Interpretation
Section 57 finance company section 2(1) of the Motor Vehicle Dealers Act 1975 manufacturer wholesaler
a: a person who engages in the business of selling new motor vehicles to dealers, or to other persons who engage in that business; or
b: a person who engages in the business of selling secondhand motor vehicles to dealers.
5: New
section 59 The principal Act is amended by repealing section 59
59: Reimbursement of secured party by dealer
1: A dealer must pay to a secured party the relevant amount referred to in subsection (2)
a: the dealer sold or leased a motor vehicle that, immediately before its sale or lease, was subject to the secured party's security interest that was perfected by registration; and
b: the buyer or lessee of the motor vehicle takes the motor vehicle free of the security interest under section 58
c: the secured party has served a claim for payment on the dealer.
2: The dealer must, within 7 working days of the date on which the secured party served a claim for payment on the dealer, pay to the secured party the lesser of the following amounts:
a: the amount outstanding in respect of the debt or other obligation secured by the secured party's security interest in the motor vehicle:
b: the payment received or to be received by the dealer from the sale or the lease of the motor vehicle.
6: New
section 61 The principal Act is amended by repealing section 61
61: Procedure for making claims for reimbursement
Every claim for payment made by a secured party under section 59 or section 60
a: a printed search result issued by the register under section 175
b: a statutory declaration by the secured party or, if the secured party is a company, by any director or other officer authorised in writing for the purpose, declaring—
i: the amount of the debt or other pecuniary obligation secured by the security interest; and
ii: the amount received by the secured party in satisfaction of that debt or other obligation; and
iii: the amount outstanding in respect of that debt or other obligation at the date when the declaration is made; and
iv: the amount recoverable from the buyer or lessee of the vehicle under section 65
7: New
section 71 The principal Act is amended by repealing section 71
71: Security agreement may provide for future advances
A security agreement may provide for future advances.
8: New
section 106 The principal Act is amended by repealing section 106
106: Part not to apply to receivers
This Part does not apply to a receiver within the meaning of section 2(1) of the Receiverships Act 1993
9: New
section 107 The principal Act is amended by repealing section 107
107: When contracting out of certain provisions in this Part permitted
1: The parties to a security agreement may contract out of sections 108, 109, 111(1), 112, 114(1)(a), 117(1)(c), 120(1), 122, 133, and 134
2: The parties to a security agreement may contract out of the debtor's right to—
a: receive a statement of account under section 116
b: recover surplus under section 119
c: receive notice of a secured party's proposal to retain collateral under section 120(2)
d: object to a secured party's proposal to retain collateral under section 121
e: not have goods damaged when a secured party removes an accession under section 125
f: not be reimbursed for damage caused when a secured party removes an accession under section 126
g: refuse permission to remove an accession under section 127
h: receive notice of the removal of an accession under section 129
i: apply to the Court for an order concerning the removal of an accession under section 131
j: redeem collateral under section 132
3: The parties to a security agreement may contract out of the secured party's right to apply to a court for an order in respect of the removal of an accession under section 128
10: Debtor may reinstate security agreement
Section 133 subsection (2)
2: Subsection (1)
11: Secured party may obtain court order in cases not involving security trust deed
Section 167(1) 1 or more none
12: New
section 199 The principal Act is amended by repealing section 199
199: Time of registration of certain prior security interests
For the purposes of this Act, the time of registration of a prior security interest that is deemed to be perfected by registration under this Act is—
a: the time that, under the relevant prior registration law, determined the priority of the security interest (where the prior security interest is deemed to be perfected by registration under section 195
b: the time that the security interest was created (where the prior security interest is deemed to be perfected by registration under section 196
13: New
Schedules 1 2 The principal Act is amended by repealing Schedules 1 2 Schedule
14: Schedules 3 4
1: Schedule 3 Statutes Amendment Act 1945 1945 : Section 5
2: Schedule 4 Motor Vehicle Securities (Fees) Regulations 1990, Motor Vehicle Securities (Fees) Regulations 1999 (SR 1999/148)