Cluster Munitions Prohibition Act 2009

1: Title
This Act is the Cluster Munitions Prohibition Act 2009.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 August 2010 clause 2 Cluster Munitions Prohibition Act Commencement Order 2010 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to implement New Zealand's obligations under the Convention.
4: Obligations to which persons exercising power or discretion must have regard
A person who is exercising a power or discretion under this Act must have regard to New Zealand's obligations under the Convention.
5: Interpretation
1: In this Act, unless the context otherwise requires,— Armed Forces section 2(1) authorised cluster munition section 15 chief executive cluster munition section 6 Convention Schedule Customs officer section 5(1) dispenser enforcement officer section 2(1) explosive bomblet
a: that is not self-propelled; and
b: that weighs less than 20 kilograms; and
c: that is designed to function by detonating an explosive charge prior to, on, or after impact; and
d: that, in order to perform its task, is dispersed or released by a dispenser explosive submunition
a: that is designed to function by detonating an explosive charge prior to, on, or after impact; and
b: that, in order to perform its task, is dispersed or released by a cluster munition funds
a: means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and
b: includes legal documents or instruments (for example, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind mine section 2(1) Minister Ministry officer section 7 Police employee section 4 self-deactivating self-destruction mechanism
a: secures the destruction of that munition; and
b: functions automatically; and
c: is in addition to the munition's primary initiating mechanism transfer
a: includes—
i: importation into, and exportation from, New Zealand; and
ii: the transfer of title to, and control over, cluster munitions; but
b: does not include the transfer of territory containing cluster munition remnants unexploded submunition
2: Unless the context otherwise requires, terms and expressions used and not defined in this Act but defined in the Convention have the same meaning as in the Convention. Section 5(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018
6: Meaning of cluster munition
A cluster munition
a: includes those explosive submunitions; but
b: does not include—
i: a mine; or
ii: a munition or submunition that is designed—
A: to dispense flares, smoke, pyrotechnics, or chaff; or
B: to produce electrical or electronic effects; or
iii: a munition that is designed exclusively for an air defence role; or
iv: a munition that, in order to avoid indiscriminate effects and the risks posed by unexploded submunitions, has all of the following characteristics:
A: each munition contains fewer than 10 explosive submunitions:
B: each explosive submunition weighs more than 4 kilograms:
C: each explosive submunition is designed to detect and engage a single target object:
D: each explosive submunition is equipped with an electronic self-destruction mechanism:
E: each explosive submunition is equipped with an electronic self-deactivating feature.
7: Meaning of officer
In this Act, unless the context otherwise requires, officer
a: a Police employee:
b: a member of the Armed Forces:
c: a Customs officer:
d: an enforcement officer.
8: Act binds the Crown
This Act binds the Crown.
9: Application of Act in New Zealand and elsewhere
1: This Act applies to all acts done or omitted in New Zealand.
2: This Act also applies to all acts done or omitted outside New Zealand by—
a: a New Zealand citizen; or
b: a person who is ordinarily resident in New Zealand but not the citizen of any State; or
c: a member of the Armed Forces; or
d: a body corporate, or a corporation sole, incorporated in New Zealand.
3: Nothing in this section limits the application of section 7 8 8A
2: Activities related to cluster munitions
1: Offences and exceptions related to cluster munitions
10: Offences relating to cluster munitions
1: A person who does any of the following things commits an offence:
a: uses a cluster munition:
b: develops, produces, or otherwise acquires a cluster munition:
c: possesses, retains, or stockpiles a cluster munition:
d: transfers a cluster munition, directly or indirectly, to another person:
e: in any way assists, encourages, or induces another person to engage in any conduct described in any of paragraphs (a) to (d).
2: A person commits an offence who provides or invests funds with the intention that the funds be used, or knowing that they are to be used, in the development or production of cluster munitions.
3: A member of the Armed Forces also commits an offence if he or she expressly requests the use of cluster munitions when—
a: he or she is engaged in operations, exercises, or other military activities with the armed forces of a State that is not a party to the Convention; and
b: the choice of munitions used is within the exclusive control of the Armed Forces.
4: A person who commits an offence against subsection (1), (2), or (3) is liable on conviction
5: Subsection (1) is subject to section 11
6: This section does not limit any of the following:
a: the Anti-Personnel Mines Prohibition Act 1998
b: the provisions of the Arms Act 1983
c: the Hazardous Substances and New Organisms Act 1996 Section 10(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11: Exceptions to offences in section 10(1)
1: Despite section 10(1)
a: in the course of his or her employment or duties; and
b: for the purposes of developing, or training persons in, techniques of cluster munition detection, clearance, or destruction; and
c: in compliance with any notice given under section 15
2: Despite section 10(1)
a: in the course of his or her employment or duties; and
b: for the purposes of—
i: destroying it; or
ii: retaining it pending its destruction; or
iii: transferring it so that it can be destroyed.
3: Despite section 10(1)
a: possessing a cluster munition until an officer collects it from him or her or destroys it; or
b: giving the cluster munition to an officer who is to collect it from him or her or destroy it.
4: The circumstances are—
a: that the person complies with section 17
b: that, as soon as practicable after becoming aware that he or she possesses the cluster munition, the person takes all reasonable steps to ensure that it is not used before an officer can collect or destroy it.
5: Despite section 10(1)
a: for the purposes of—
i: destroying it; or
ii: enabling another person to destroy it; or
iii: rendering it harmless; or
iv: enabling another person to render it harmless; and
b: in accordance with the Convention.
6: A member of the Armed Forces does not commit an offence against section 10(1)
12: Application of this subpart to certain explosive bomblets
The provisions of this subpart apply, with any necessary modifications, to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft, as if those explosive bomblets were cluster munitions.
2: Actions in relation to cluster munitions
13: Seizure, forfeiture, and destruction of cluster munitions
1: A cluster munition in respect of which an offence against section 10
a: may be seized without warrant by an officer; and
b: if not owned by the Crown, is forfeit to the Crown; and
c: must be either—
i: authorised under section 15
ii: destroyed by an officer.
2: A cluster munition to be destroyed under subsection (1)(c)(ii) must be retained, pending destruction, as the Minister thinks fit.
14: Application of Customs and Excise Act 2018 to import and export of cluster munitions
The provisions of the Customs and Excise Act 2018 section 388(1)(a) or (b) section 10(1) subpart 4 Section 14 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
15: Minister may authorise cluster munitions for certain purposes
1: For the purposes of developing, or training persons in, techniques of cluster munition detection, clearance, or destruction, the Minister may from time to time, by notice in writing, authorise cluster munitions to be used, acquired, possessed, retained, or transferred.
2: The Minister must not make a notice under subsection (1) if the making of the notice will result in the total number of cluster munitions authorised by all notices made under subsection (1) exceeding the number determined for the time being by the Minister under subsection (3).
3: The Minister must from time to time specify, by notice in the Gazette
4: Section 15(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
3: Information
16: Purpose of this subpart
The purpose of this subpart is to ensure—
a: that the chief executive has knowledge of dealings with cluster munitions that facilitates the making of New Zealand's reports or clarifications under the Convention; and
b: that New Zealand is otherwise able to fulfil its obligations under the Convention.
17: Supply of information
1: Any person who uses, develops, produces, otherwise acquires, possesses, retains, or transfers a cluster munition must—
a: notify the Minister of the cluster munition as soon as practicable; and
b: keep records in relation to the cluster munition and the purpose to which the cluster munition is put; and
c: prepare from those records, and send to the chief executive, periodic reports relating to the cluster munition that are sufficient to enable the Minister to determine whether the Convention, the provisions of this Act, and any regulations made under this Act are being complied with.
2: A person commits an offence who, without reasonable excuse, refuses or fails to comply with subsection (1).
3: A person commits an offence who, in any document prepared under subsection (1), makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular.
4: A person who commits an offence against subsection (2) or (3) is liable on
5: Nothing in this section applies to a person whose conduct in relation to a cluster munition is, by reason of section 11(5) Section 17(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Miscellaneous provisions
18: Attorney-General's consent to prosecutions required
1: No proceedings for any offence against section 10
2: However, a person alleged to have committed an offence against section 10
3: Section 400
19: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for any matter that is necessary or desirable for the purpose of implementing the Convention:
b: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act:
c: prescribing penalties on
d: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The Governor-General may from time to time, by Order in Council,—
a: amend the Schedule
b: revoke the Schedule
3: The following are secondary legislation ( see Part 3
a: regulations under this section:
b: an order under subsection (2). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(1)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 19(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
20: Consequential amendments to Arms Act 1983
1: This section amends the Arms Act 1983
2: Section 2 cluster munition section 6
3: Section 3(2)(a)
iva: an officer as defined by section 7
4: Section 5(3A) or cluster munitions
5: Section 18(5) or a cluster munition
6: Section 29(2) or a cluster munition anti-personnel mine
7: Section 35(5) or a cluster munition OIC SR 2010/157 2010-08-01 Arms Act 1983


Legal Services Amendment Act 2009

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


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


1: Title
This Act is the Accident Compensation Amendment Act 2010.
2: Commencement
1: The following provisions come into force on 1 July 2010:
a: section 6(2)
b: section 8
c: section 9
d: sections 11 to 13
e: section 19
f: section 34
g: section 47(1) Part 1
h: sections 53 to 61
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act amended
This Act amends the Act that was previously called the Injury Prevention, Rehabilitation, and Compensation Act 2001 2010-03-03 Injury Prevention, Rehabilitation, and Compensation Act 2001 Ss 4, 5, 6(1) and (3), 7, 10, 14–18, 20–33, 35–46, 47(2) 2010-07-01 Injury Prevention, Rehabilitation, and Compensation Act 2001 Sections 6(2), 8, 9, 11–13, 19, 34, 47(1) and Part 1 of Schedule 1
1: Amendments to principal Act
4: Title repealed
The Title is repealed.
5: Name of principal Act changed
1: On and from the commencement of this section,—
a: the principal Act is called the Accident Compensation Act 2001
b: every reference to the principal Act in any enactment, agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as a reference to the Accident Compensation Act 2001
2: Section 1 Injury Prevention, Rehabilitation, and Compensation Accident Compensation
3: Section 21A(4)(c) the Injury Prevention, Rehabilitation, and Compensation Act 2001 this Act
6: Interpretation
1: Section 6(1) Earners' Account Residual levy Motor Vehicle Account Residual levy Residual Claims Account Residual Claims levy
2: The definition of vocational independence section 6(1) 35 hours 30 hours
3: Section 6(1) moped motor cycle Motorcycle Safety levy section 214(3) .
7: Earnings as an employee: Work Account levy payable under section 168 and Residual Claims levy payable under section 193
1: The heading to section 12 and Residual Claims levy payable under section 193
2: Section 12 and the Residual Claims levy payable under section 193
8: Personal injury
Section 26
1A: Personal injury
1B: Personal injury
a: a personal injury other than a personal injury described in section 20(2); or
b: the ageing process; or
c: any other factors.
9: Personal injury caused by work-related gradual process, disease, or infection
1: Section 30(1A)
2: Section 30(2)(b)
ii: is not found to any material extent in the non-employment activities or environment of the person; and .
3: Section 30(2)
c: the risk of suffering the personal injury—
i: is significantly greater for persons who perform the employment task than for persons who do not perform it; or
ii: is significantly greater for persons who are employed in that type of environment than for persons who are not.
4: Section 30(2A)
10: Section 31 repealed
Section 31
11: Conduct of initial occupational assessment
Section 91(1A) must may
12: New section 119 inserted
The following section is inserted after section 118
119: Disentitlement for wilfully self-inflicted personal injuries and suicide
1: The Corporation must not provide any entitlements under Schedule 1 for any of the following:
a: a personal injury that a claimant wilfully inflicts on himself or herself, or, with intent to injure himself or herself, causes to be inflicted upon himself or herself:
b: the death of a claimant due to an injury inflicted in the circumstances described in paragraph (a)
c: the death of a claimant due to suicide.
2: However, subsection (1)
a: treatment; and
b: any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.
3: Subsection (1)
a: mental injury suffered because of physical injuries suffered by the claimant for which he or she had cover; or
b: mental injury suffered by the claimant in the circumstances described in section 21 or 21B.
13: New sections 122 and 122A substituted
Section 122
122: Disentitlement for certain imprisoned offenders
1: The Corporation must not provide any entitlements under Schedule 1 to a claimant if—
a: the claimant suffers a personal injury in the course of committing an offence; and
b: the offence is punishable by a maximum term of imprisonment of 2 years or more; and
c: the claimant is sentenced to imprisonment or home detention for committing the offence; and
d: the Corporation would, but for this section, be liable to provide entitlements to the claimant for the personal injury.
2: In addition, the Corporation must not provide any entitlements under Schedule 1 to the following persons if the Corporation would, but for subsection (1)
a: the surviving spouse or partner of the deceased claimant:
b: any child of the deceased claimant:
c: any other dependant of the deceased claimant.
3: However, subsection (1)
a: treatment; and
b: any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.
4: Despite subsection (3)
122A: Exemption from section 122(1)
1: The Minister may exempt a claimant from section 122(1)
2: Nothing in this section gives a claimant the right to apply for an exemption under subsection (1)
14: Separate Accounts
Section 166(1)(b)
15: New section 167 substituted
Section 167
167: Application and source of funds
1: The purpose of the Work Account is to—
a: finance entitlements provided under this Act by the Corporation to employees, private domestic workers, and self-employed persons for work-related personal injuries; and
b: finance the following entitlements that are required to be provided in respect of persons whose entitlements would have been provided from the Employers' Account under the Accident Rehabilitation and Compensation Insurance Act 1992:
i: entitlements for work injuries (as defined in the Accident Rehabilitation and Compensation Insurance Act 1992) suffered before 1 July 1999; and
ii: entitlements for non-work injuries to earners suffered before 1 July 1992.
2: The funds for the Work Account are to be derived from—
a: levies payable under sections 168, 168A, 168B, and 211 by employers, private domestic workers, and self-employed persons; and
b: payments made to the Corporation in respect of obligations taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000 in relation to the accident insurance contracts of employers and private domestic workers, and for self-employed persons; and
c: premiums continued by or payable under Part 11.
3: The funds in the Work Account must be applied to meet the costs of—
a: entitlements in respect of employees, private domestic workers, and self-employed persons for work-related personal injuries; and
b: entitlements in respect of obligations, under accident insurance contracts of employers and private domestic workers, and for self-employed persons, taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000; and
c: entitlements that are required to be provided in accordance with Part 11 in respect of persons whose entitlements would have been provided from the Self-Employed Work Account under the Accident Insurance Act 1998; and
d: entitlements in respect of employers, private domestic workers, and self-employed persons that, immediately before 1 April 2007, would have been funded from the Self-Employed Work Account or the Employers' Account; and
e: entitlements that, immediately before the commencement of section 21 of the Accident Compensation Amendment Act 2010
f: administering the Account; and
g: audits and assessments referred to in section 175; and
h: any other expenditure authorised by this Act.
4: Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies payable under sections 168, 168A, 168B, and 211 to provide for or, to the extent that it is necessary, to provide separately for,—
a: the purposes of subsection (3)(a) to (d) and (f) to (h)
b: the purposes of subsection (3)(e), (f), and (h) section 169AA(1)(a)
5: Those regulations may also relate to the same or different prescribed periods.
16: Rates of levies
1: Section 169(1) for that period
2: Section 169
2: Regulations made under this Act may—
a: establish a system or systems for either or both of the following:
i: the experience rating of employers, private domestic workers, or self-employed persons:
ii: risk sharing between employers, private domestic workers, or self-employed persons, on the one hand, and the Corporation on the other; and
b: adjust the levies under sections 168, 168A, 168B, and 211 in relation to a particular employer, private domestic worker, or self-employed person on the basis of that system or those systems.
3: The systems referred to in subsection (2)
4: None of the following applies, or can be made to apply, to the portion of the levies payable under sections 168, 168A, 168B, and 211 that is necessary to achieve the purpose specified in section 169AA(1)(a)
a: any of the systems referred to in subsection (2)
b: section 175.
17: New section 169AA inserted
The following section is inserted after section 169
169AA: Basis on which funds to be calculated
1: The extent of funds to be derived from levies under sections 168, 168A, and 168B is to be calculated to achieve the following purposes:
a: the residual amount is to be completely paid off or funded no later than 31 March 2019:
b: the cost of all claims under the Work Account is fully funded.
2: The Minister may, by notice in the Gazette
3: The Minister's power under subsection (2)
4: In this section, residual amount
a: is specified by the Minister; and
b: represents, among other things, as at 30 June 2009, the sum of—
i: the estimated value of the outstanding claims liability for the Residual Claims Account (minus the value of any accrued assets); and
ii: the estimated value of the Corporation's potential liability (minus the value of any accrued assets) in respect of future claims for cover for personal injury caused by work-related gradual process, disease, or infection by persons who,—
A: before 1 July 1999, may have been exposed to a particular property or characteristic of their employment tasks or environment that causes, or contributes to the cause of, the personal injury; but
B: by 30 June 2009, have not suffered the personal injury.
18: Classification of industries or risks
1: Section 170
1: The Corporation must classify an employer and a self-employed person in an industry or risk class that most accurately describes their activity, being an industry or risk class set out in regulations made under this Act for the following purposes:
a: setting levies payable under sections 168, 168B, and 211:
b: setting those levies to include a portion that is necessary to achieve the purpose specified in section 169AA(1)(a)
2: Section 170(4A) that relate to an industry or risk class defined under subsection (1)(a) subsection (4)
19: Purchase of weekly compensation by shareholder-employees
1: Section 190(1)
a: omitting person with earnings as a shareholder-employee shareholder-employee
b: omitting the person the shareholder-employee
2: Section 190(2) person with earnings as a shareholder-employee shareholder-employee
20: Effect on Work Account levy
Section 191
2: However, subsection (1) does not affect the employer's obligation to pay the portion of the Work Account levy referred to in section 167(4)
21: Heading above section 192 and sections 192 to 200 repealed
The heading above section 192 sections 192 to 200
22: Earner levies for self-employed persons who purchase weekly compensation
Section 212 and the Earners' Account Residual levy required by section 219(2)
23: Application and source of funds
1: Section 213
1: The purpose of the Motor Vehicle Account is to—
a: finance entitlements provided under this Act in respect of motor vehicle injuries; and
b: finance the cost of programmes to improve the safety of moped and motor cycle riders from the levy referred to in subsection (2)(d)
2: Section 213(2)
d: the prescribed Motorcycle Safety levy; and .
3: Section 213(5)
ba: claims that would have been provided from the Motor Vehicle Account under the Accident Rehabilitation and Compensation Insurance Act 1992; and .
4: Section 213
6: To avoid doubt,—
a: subsection (1)(b)
b: section 263 (except section 263(3)(b)) applies to the programmes referred to in subsection (1)(b)
7: Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies (except the Motorcycle Safety levy) to provide for or, to the extent that it is necessary, to provide separately for,—
a: the purposes of subsection (5)(a), (b), (c), and (d):
b: the purposes of subsection (5)(ba) section 215(1)(a)
24: Rate of levies
Section 214
3: A registered owner of a motor vehicle that is a moped or motor cycle must pay, in accordance with this Act and regulations made under it, the prescribed Motorcycle Safety levy.
3A: Subsection (3)
25: New section 215 substituted
Section 215
215: Basis on which funds to be calculated
1: The extent of funds to be derived under section 213(2) is to be calculated to achieve the following purposes:
a: the residual amount is to be completely paid off or funded no later than 30 June 2019:
b: the cost of all claims under the Motor Vehicle Account is to be fully funded.
2: Subsection (1)
3: The Minister may, by notice in the Gazette
4: The Minister's power under subsection (3)
5: In this section, residual amount
a: is specified by the Minister; and
b: represents, among other things, as at 30 June 2009, the estimated value of the outstanding claims liability for the Motor Vehicle Account (minus the value of any accrued assets) in respect of the claims described in section 213(5)(ba)
26: Levy categories
Section 216
2: The regulations may also classify all or any of the following, or categories of the following, into classes that most accurately describe their risk rating and may impose levies at different rates in relation to those classes in accordance with the system of differential levies referred to in subsection (1):
a: motor vehicles:
b: registered owners of motor vehicles:
c: persons who hold trade licences under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.
3: Subsection (2)
27: Collection of levies
Section 217
3: The Motorcycle Safety levy is payable in the prescribed manner.
28: Application and source of funds
1: Section 218(3)(b)
2: Section 218(4)
ea: claims that would have been provided from the Earners' Account under the Accident Rehabilitation and Compensation Insurance Act 1992; and .
3: Section 218
5: Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies to provide for or, to the extent that it is necessary, to provide separately for,—
a: the purposes of subsection (4)(a) to (e), (f), and (g):
b: the purposes of subsection (4)(ea) section 220A(1)(a)
29: Earners to pay levies
Section 219(2)
30: Rate of levies
Section 220(2)
31: New section 220A inserted
The following section is inserted after section 220
220A: Basis on which funds to be calculated
1: The extent of funds to be derived from levies under section 219 is to be calculated to achieve the following purposes:
a: the residual amount is to be completely paid off or funded no later than 31 March 2019:
b: the cost of all claims under the Earners' Account is to be fully funded by levies.
2: The Minister may, by notice in the Gazette
3: The Minister's power under subsection (2)
4: In this section, residual amount
a: is specified by the Minister; and
b: represents, among other things, as at 30 June 2009, the estimated value of the outstanding claims liability for the Earners' Account (minus the value of any accrued assets) in respect of the claims described in section 218(4)(ea)
32: Collection of levies by deduction from employee earnings
Section 221(1) (including the Earners' Account Residual levy)
33: Payment of Earners' Account levy and Earners' Account Residual levy by self-employed persons
The heading to section 222 and Earners' Account Residual levy
34: Persons eligible to purchase weekly compensation
Section 223(3)(c)(i) permanent in
35: Mixed earnings as employee and self-employed person
Section 231(4) and (5)
36: Residual Claims levy and Work Account levy payable by employers on disposal or cessation of business or when ceasing to employ
1: The heading to section 232 Residual Claims levy and
2: Section 232(1) a Residual Claims levy or
3: Section 232
2: An employer must comply with subsection (3) by the 15th day of the second month after the month in which the employer disposes of or ceases carrying on the business or continues the business as a self-employed person without employing any other person.
37: New section 233 substituted
Section 233
233: Levies payable to Corporation by self-employed person who ceases to derive earnings as such
1: Every self-employed person who, during a tax year, ceases to derive earnings as a self-employed person must—
a: deliver to the Commissioner a statement of the person's earnings as a self-employed person for the tax year concerned, within the applicable time within which a return for that tax year is required to be furnished to the Commissioner under the Tax Administration Act 1994; and
b: pay to the Corporation, on or before the due date,—
i: the Work Account levy, at the rate prescribed, to the extent that it applied to the person's earnings as a self-employed person in that tax year; and
ii: the earner levy, at the rate prescribed, to the extent that it applied to the person's earnings as a self-employed person in that tax year.
2: The provisions of this section (other than subsection (1)(b)(ii) 329(1)(b)
38: Section 235 repealed
Section 235
39: Corporation to define risk classification and decide levy if activity not classified by regulations
Section 239(1) either, or both, of sections 170 (Work Account levies) and 195 (Residual Claims Account levies) section 170 (Work Account)
40: Information available to Corporation
Section 246
4A: The Corporation may also request the Commissioner to provide any of the following information:
a: whether an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies has a tax agent and, if so, the tax agent's name and contact details:
b: for an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies who is an individual, whether the individual is deceased and, if so,—
i: the individual's date of death; and
ii: the name and contact details of the administrator or executor of the individual's estate.
4B: In this section, tax agent
41: Section 265 substituted
Section 265
265: Ancillary powers of Corporation
1: In addition to services required to be provided under this Act, the Corporation may provide services under subsection (2) or (4)
a: that are outside the functions of the Corporation under section 262 (as long as the services are consistent with the purposes of this Act):
b: whether or not the services are provided to a person who would not otherwise have cover under this Act.
2: The Corporation may provide services on a commercial basis, but only if—
a: the service is provided by a Crown entity subsidiary of the Corporation; and
b: the provision of the service is a viable commercial proposition for the Crown entity subsidiary; and
c: the service being provided is one that is consistent with the role and functions of the Corporation under this Act; and
d: any decision to provide the service, and the provision of the service, is consistent with any relevant policy direction given by the Minister under section 103 of the Crown Entities Act 2004.
3: Subsection (2)
4: The Corporation may provide government services or payments funded by an appropriation by Parliament, other than on a commercial basis, but only if—
a: the service being provided is one that is consistent with the role and functions of the Corporation under this Act; and
b: any decision to provide the service, and the provision of the service, is consistent with any relevant policy direction given by the Minister under section 103 of the Crown Entities Act 2004.
5: All money received by the Corporation from an appropriation by Parliament for the purposes of subsection (4)
42: Management of Accounts
Section 274(3A)
43: New section 278A inserted
The following section is inserted after section 278
278A: Annual financial condition report
1: The Corporation must—
a: prepare an annual report on its financial condition as soon as practicable after the end of each financial year; and
b: provide the report to the Minister.
2: The purpose of the report is to—
a: provide advice in relation to the Corporation's operations, financial condition, and liabilities; and
b: discuss the implications of any material risks to the Corporation that have been identified in the report.
3: The report must—
a: be prepared in accordance with generally accepted practice within the insurance sector in New Zealand; and
b: contain the information required to achieve the purpose in subsection (2)
4: The Minister must—
a: provide a copy of the report to the Minister of Finance; and
b: after complying with paragraph (a)
44: Section 291 repealed
Section 291
45: Regulations relating to levies
1: Section 329(b)(ii) sections 169(1) and 193 section 169(1)
2: Section 329
ca: prescribing the terms and conditions of the system or systems of experience rating or of risk sharing referred to in section 169(2) .
3: Section 329(g) sections 170 and 195 section 170
4: Section 329(h) sections 170 and 195 section 170
5: Section 329
l: establishing a system for differential levies, for the purposes of the Motor Vehicle Account, for categories referred to in—
i: section 216(1); or
ii: section 216(2) .
6: Section 329
m: setting, in relation to a prescribed period, a portion of the Work Account, the Motor Vehicle Account, or the Earners' Account that is necessary to achieve,—
i: in the case of the Work Account, the purpose specified in section 169AA(1)(a)
ii: in the case of the Motor Vehicle Account, the purpose specified in section 215(1)(a)
iii: in the case of the Earners' Account, the purpose specified in section 220A(1)(a)
ma: prescribing the manner of payment of the Motorcycle Safety levy for the purposes of section 217(3) .
7: Section 329
2: Regulations made under subsection (1)(ca)
a: specify the types of claims to which the system or systems of experience rating or of risk sharing referred to in section 169(2)
b: make different provision for different classes of levy payers or in respect of different industries or levies.
46: Consultation requirements for regulations relating to classifications, risk rating, or treatment injury
Section 330 section 329(f) or (g) or (l) or (m) section 329(f) or (g) or (l)(i) or (ma)
47: Schedules 1 and 4 amended
1: Schedule 1 Part 1
2: Schedule 4 Part 2 of Schedule 1
2: Miscellaneous provisions
Validation
48: Validation of disclosure of information for assessment of levies
1: Every disclosure of the information specified in subsection (2) by the Commissioner of Inland Revenue to the Accident Compensation Corporation under section 85E
2: The information referred to in subsection (1) is as follows:
a: whether an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3(2) to (4)
b: for an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3(2) to (4)
i: the individual's date of death; and
ii: the name and contact details of the administrator or executor of the individual's estate.
3: In this section, tax agent section 3 Consequential amendments
49: Consequential amendments to other enactments
The enactments specified in Schedule 2 2010-03-03 Health and Safety in Employment Act 1992 Income Tax Act 2007 New Zealand Superannuation and Retirement Income Act 2001 Tax Administration Act 1994 Social Security (Temporary Additional Support) Regulations 2005 Transitional provisions for levies
50: Transfer of assets and liabilities to Work Account
All assets and liabilities of the Residual Claims Account as it was immediately before the commencement of this section are, on that commencement, transferred to the Work Account.
51: Sections 330 and 331 of principal Act do not apply to making of regulations for Earners' Account, Motor Vehicle Account, or Work Account
Sections 330 331
a: the Earners' Account or the Work Account for the 2010–11 tax year:
b: the Motor Vehicle Account (including the Motorcycle Safety levy) for the period that starts on 1 July 2010 and ends on 30 June 2011.
52: Levies continue to be payable
1: This section applies to the amounts of levy that were, or will become, payable to the Residual Claims Account, the Motor Vehicle Account, or the Earners' Account as they were immediately before the commencement of this section.
2: The amounts to which this section applies—
a: continue to be due and payable; and
b: must be paid,—
i: in the case of the Residual Claims levy, to the Work Account; and
ii: in the case of the Motor Vehicle Account Residual levy, to the Motor Vehicle Account; and
iii: in the case of the Earners' Account Residual levy, to the Earners' Account. Transitional provisions for other matters
53: Transitional provision for disentitlement for wilfully self-inflicted personal injuries and suicide
To avoid doubt, this Act applies to disentitle a claimant for a wilfully self-inflicted personal injury, death, or suicide described in section 119
54: Transitional provision for disentitlement for certain imprisoned offenders
1: To avoid doubt, this Act applies to disentitle a claimant who suffers a personal injury in the circumstances described in section 122
2: To avoid doubt, despite the amendment of section 122 section 13
55: Claims for personal injury including hearing loss that have been lodged but not decided
1: This section applies if, before the commencement of this section,—
a: a person has suffered a personal injury that includes any degree of hearing loss that is less than 6% of binaural hearing loss caused by a personal injury described in section 20(2)
b: he or she has lodged a claim with the Accident Compensation Corporation under section 48
c: the Corporation has not made a decision on the claim.
2: On or after the commencement of this section, the Corporation must make a decision on the claim in all respects as if section 8
56: Claims for work-related gradual process, disease, or infection that have been lodged but not decided
1: This section applies if, before the commencement of this section,—
a: a person has suffered a personal injury caused by a work-related gradual process, disease, or infection; and
b: he or she has lodged a claim with the Accident Compensation Corporation under section 48
c: the Corporation has not made a decision on the claim.
2: On or after the commencement of this section, the Corporation must make a decision on the claim in all respects as if section 9
57: Assessment of vocational independence
An assessment of a claimant's vocational independence that has been commenced, but not determined, before the commencement of this section must, on or after that commencement, be considered and determined in all respects as if sections 6(2) 11 47 clause 25
58: Calculations of weekly earnings for weekly compensation
To avoid doubt, sections 223(3)(c)(i) clauses 33 34 35 36 38 39 41 42
59: Calculations of weekly compensation for loss of potential earning capacity
1: This section applies to—
a: a claimant who is incapacitated before the commencement of this section, but who is not entitled to weekly compensation for loss of potential earning capacity immediately before that commencement:
b: a claimant who is incapacitated only on or after the commencement of this section.
2: To avoid doubt, clause 47
60: Special provision for claimant already entitled to receive weekly compensation for loss of potential earning capacity
1: This section applies to a claimant who is incapacitated before the commencement of this section and who is entitled to weekly compensation for loss of potential earning capacity immediately before that commencement.
2: The weekly compensation payable to the claimant is the amount of weekly compensation to which the claimant was entitled immediately before the commencement of this section.
3: However, if the calculation of weekly compensation for loss of potential earning capacity in respect of the claimant is, but for subsection (2) and section 59 clause 47(4)
61: Abatement of weekly compensation
To avoid doubt, clause 49 clause 51
62: Members of ministerial advisory panels not entitled to compensation
1: Nothing in this Act entitles a member of the ministerial advisory panel referred to in section 31 291
2: In this section, member section 31 291