1: Title
This Act is the Sentencing (Aggravating Factors) Amendment Act 2012
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Sentencing Act 2002 2012-09-18 Sentencing Act 2002
4: Interpretation
Section 4(1) prison officer .
5: Aggravating and mitigating factors
1: Section 9(1)
fa: that the victim was a constable, or a prison officer, acting in the course of his or her duty:
fb: that the victim was an emergency health or fire services provider acting in the course of his or her duty at the scene of an emergency: .
2: Section 9
4A: In subsection (1)(fb) emergency health or fire services provider
a: ambulance services, first aid, or medical or paramedical care:
b: services provided by or on behalf of a fire brigade (as defined in section 2(1) of the Fire Service Act 1975) to save life or property.


1: Title
This Act is the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012.
2: Commencement
1: Parts 1 2
2: One or more orders may be made bringing different provisions into force on different dates, so long as the provisions in Part 2
3: Any provisions in Parts 1 2 Section 2(1) brought into force 29 April 2013 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act Commencement Order 2013
3: Principal Act amended
This Act amends the Juries Act 1981 OIC SR 2013/42 2013-04-29 Juries Act 1981 Parts 1 and 2 come into force on a date appointed by the Governor-General by Order in Council.
1: Jury service
4: Purpose of this Part
The purpose of this Part is to amend the principal Act
a: disqualifies from jury service a person who, at any time within the preceding 5 years, has been sentenced to home detention for a period that is, or is more than, 3 months; and
b: requires a person on whom a court has imposed a sentence of home detention for a period of less than 3 months, and who is summoned to serve as a juror on an occasion in a week during which he or she will be subject to the sentence, to be permitted to defer that person's attendance to serve as a juror to a date after the person has ceased to be subject to the sentence, or to be excused from serving as a juror on that occasion; and
c: ensures that the Registrar has a discretion or duty to excuse a person summoned to attend as a juror on any occasion from attending not only on that occasion, but also in any court on any occasion, and also that a person who the Registrar has excused from jury service permanently is no longer, unless that permanent excusal is cancelled, qualified and liable to serve as a juror.
5: Disqualification
Section 7(b) corrective training home detention for a period that is, or is more than, 3 months
6: Certain persons not to serve
Section 8
hc: a person who, under section 15A section 15A(3) .
7: Summoning of jurors
1: Section 13(3A)(b) on a particular occasion excused the person from jury service
2: Section 13(3A)
ba: the Registrar has, under section 15A section 15A(3) .
8: Further provisions relating to deferral of jury service
Section 14C(3) , 15A section 15
9: New section 14D inserted
The following section is inserted after section 14C
14D: Deferral of, or excusal from, jury service of person subject to home detention for less than 3 months
1: This section applies to a Registrar who becomes aware from information available to the Registrar that a person summoned to attend as a juror on an occasion is—
a: an offender on whom a court has imposed a sentence of home detention for a period of less than 3 months; and
b: summoned to serve in a week during which the person will be subject to the sentence of home detention.
2: The Registrar must, despite any provision of this Act to the contrary,—
a: permit the person to defer the person's attendance to serve as a juror under section 14B to a date after the person has ceased to be subject to the sentence of home detention; or
b: excuse that person from serving as a juror on that occasion under section 15.
10: Registrar may excuse from jury service
1: The heading to section 15
a: omitting Registrar may Registrar's discretion and duty to
b: adding on particular occasion
2: Section 15(2) A person summoned to attend as a juror on any occasion shall, on application to the Registrar, be excused by the Registrar from attending on that occasion if that person— The Registrar must excuse a person summoned to attend as a juror on an occasion from attending on that occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person—
3: Section 15(2)(aa) years 65
4: Section 15
3: The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.
11: New sections 15A and 16 substituted
Section 16
15A: Registrar's discretion and duty to excuse from jury service permanently
1: The Registrar may excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that, because of the person's disability or state of health, the person would not, if required to attend as a juror in any court on any occasion, be able to perform a juror's duties satisfactorily.
2: The Registrar must excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person is of or over the age of 65 years.
3: The Registrar must cancel a person's permanent excusal under subsection (2) promptly after receiving a written application for the purpose made by or on behalf of the person.
4: The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.
5: If the Registrar declines an application under this section, the applicant may, in accordance with the jury rules, appeal against that decision to the court before which the applicant is summoned to appear.
16: Judge's discretion to excuse from jury service on particular occasion
1: A Judge may in accordance with this section excuse a person summoned to attend as a juror on any occasion in the court in which the Judge sits from attending on that occasion.
2: The person may be excused only on an application for the purpose made by or on behalf of the person.
3: The Judge may excuse the person from attending on that occasion if—
a: the panel that was used in summoning the person to attend as a juror has been compiled in respect of 1 trial only; and
b: the Judge is satisfied that the person is personally concerned in the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses.
4: The Judge may excuse the person from attending on that occasion if satisfied of either of the following:
a: a ground on which the Registrar could have excused that person under section 15; or
b: that the person objects to jury service on grounds of conscience, whether or not of a religious character.
5: Subsection (4)(a) applies whether or not the Registrar has declined to do either or both of the following:
a: permit the person to defer jury service under section 14B:
b: excuse the person from attending as a juror (whether on that occasion, or in any court on any occasion) under section 15 or 15A.
12: Jury rules: amendments relating to permanent excusals
1: Section 35(1)(d) either or both any or all
2: Section 35(1)(d)(ii) 15A
3: Section 35(1)(d)
iii: an application under section 15A(3) section 15A(2) .
13: New section 36A inserted
The following section is inserted after section 36
36A: Purpose and application of 2012 amendments on jury service
1: The purpose of Part 1 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
a: disqualifies from jury service a person who, at any time within the preceding 5 years, has been sentenced to home detention for a period that is, or is more than, 3 months; and
b: requires a person on whom a court has imposed a sentence of home detention for a period of less than 3 months and who is summoned to serve as a juror on an occasion in a week during which he or she will be subject to the sentence to be permitted to defer that person's attendance to serve as a juror to a date after the person has ceased to be subject to the sentence, or to be excused from serving as a juror on that occasion; and
c: ensures that the Registrar has a discretion or duty to excuse a person summoned to attend as a juror on any occasion from attending not only on that occasion, but also in any court on any occasion, and also that a person who the Registrar has excused from jury service permanently is no longer, unless that permanent excusal is cancelled, qualified and liable to serve as a juror.
2: The amendments made to this Act by a provision of that Part
2: Protection of particulars of jury list information
14: Purpose of this Part
The purpose of this Part is to amend the principal Act
a: helps to maintain jurors' privacy, safety, and security by protecting particulars of jury list information; but also
b: ensures that parties to proceedings have available to them processes, and enough information, to enable them to exercise effectually their rights under the principal Act to challenge persons selected as jurors.
15: Interpretation
Section 2 jury list information litigant in person
a: is a party to the proceedings; but
b: for the proceedings is not represented by a barrister or solicitor, or is represented only by a barrister or solicitor appointed under, and performing only the function stated in, section 14AC panel information protected particulars public prosecution
a: the Crown (including, without limitation, by a person who is, and is acting in his or her capacity as, a Crown solicitor, an employee or officer of a government department, or a Police employee); or
b: a Crown entity within the meaning of section 7
c: a statutory public body or board (including, without limitation, a local authority) .
16: Summoning of jurors
Section 13
1A: The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person.
17: Inspection of jury panel
1: Section 14(1)(b) (being days on which the office of the court is open for business) 7 days
2: Section 14(1A)
b: a person who is a party to proceedings that are due to be heard during that week and is a litigant in person; or
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week (whether or not those proceedings are a public prosecution); or
d: a Police employee who is performing a function of the Police in respect of, but is not personally concerned in the facts of, or closely connected with a party or witness or prospective witness in, proceedings that are due to be heard during that week.
3: Section 14(4)
18: New sections 14AB and 14AC inserted
The following sections are inserted after section 14A
14AB: Inspection of protected particulars of jury list information excluded from panel
1: The Registrar must comply with a request to make a copy of protected particulars excluded from a panel under section 13(1A)
a: by that eligible person; and
b: at a time not earlier than 7 days (being days on which the office of the court is open for business) before the commencement of the week for which the jurors on the panel are summoned to attend for jury service.
2: In subsections (1) and (4), eligible person
a: a barrister or solicitor acting for a party to proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; or
b: a barrister or solicitor appointed under section 14AC
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week and that are a public prosecution; or
d: a Police employee who is performing a function of the Police in respect of, but is not personally concerned in the facts of, or closely connected with a party or witness or prospective witness in, proceedings that are due to be heard during that week.
3: A barrister or solicitor to whom a copy of protected particulars is made available under subsections (1) and (2)(a) or (b) must use the copy or any copies of it (the document sections 23 to 26
4: However, an eligible person (despite subsection (3)),—
a: must not show the document or disclose all or any of its contents to a person (in this subsection called a prohibited person
i: an eligible person:
ii: a Judge, a Registrar, or a member of the court registry staff; and
b: must not leave the document in the possession of a prohibited person; and
c: must take all reasonable steps to ensure that the document and all or any of its contents are not copied by a prohibited person.
5: Every person who, in connection with proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service, receives, or makes a copy or copies of, a copy of protected particulars must (despite subsection (3)) return the copy or copies to the Registrar or a member of the court registry staff as soon as practicable after the case is opened or the defendant is given in charge.
6: However, subsection (5) does not apply to—
a: the Registrar or a member of the court registry staff; and
b: any other person if the court or a Judge, in the court’s or Judge’s discretion and on a written application for the purpose, orders that the other person need not return the copy or copies.
7: A breach of subsection (4) or (5) may be dealt with as contempt of court.
14AC: Counsel to inspect protected particulars, and exercise rights of challenge, for litigant in person
1: On a request for the purpose by or on behalf of a party, the Registrar must appoint a barrister or solicitor to act for the party in respect of a request under section 14AB(1)
a: is a party to proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; and
b: is a litigant in person who wishes to have, but does not have, a barrister or solicitor appointed under this section to perform the function stated in subsection (2).
2: The only function of a barrister or solicitor appointed under this section is to exercise rights of challenge under sections 23 to 26 for the litigant in person by requesting under section 14AB(1) section 13(1A)
3: Subsection (2) is subject to section 14AB(4) and (5)
4: Fees for professional services provided, and reasonable expenses incurred, by the barrister or solicitor in performing that function—
a: must, after a bill for them is submitted, be determined by the Registrar in accordance with any currently in force relevant general directions under subsection (5); and
b: are payable out of public money appropriated by Parliament for the purpose.
5: The chief executive may from time to time give written general directions as to how the Registrar must determine under subsection (4)(a) the fees and expenses.
6: The general directions are in force until revoked or revoked and replaced in writing, and may (without limitation) require the Registrar, unless satisfied in a particular case that a specified exception applies, to determine the fees and expenses using specified, or specified ranges of, rates or amounts.
7: The ranges, rates, or amounts may differ according to—
a: the time spent and the complexity of the proceedings:
b: the barrister's or solicitor's level of experience:
c: whether professional services are provided in a specified number of proceedings during a specified period:
d: any other factors the chief executive thinks relevant.
19: Jury rules: amendment relating to panel information
Section 35(1)(b)
iii: what jury list information about each person named on a jury list and on a panel must be included on the panel: .
20: New section 36B inserted
The following section is inserted before section 37
36B: Purpose and application of 2012 amendments on protection of particulars of jury list information
1: The purpose of Part 2 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
a: helps to maintain jurors' privacy, safety, and security by protecting particulars of jury list information; but also
b: ensures that parties to proceedings have available to them processes, and enough information, to enable them to exercise effectually their rights under this Act to challenge persons selected as jurors.
2: This Act applies to panels compiled before the commencement of that Part as if that Part had not been enacted.
3: Defendant section 14AB(5) section 7 and the Schedule of the Juries Amendment Act 2011 accused


1: Title
This Act is the National War Memorial Park (Pukeahu) Empowering Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to—
a: empower the creation of the National War Memorial Park (Pukeahu) on the Park land that includes the National War Memorial, in the area of the City of Wellington known to Māori as Puke-ahu; and
b: ensure its completion by April 2015, the centenary of the commencement of the Gallipoli Campaign of the First World War; and
c: ensure the integration of the Park and roading networks with the wider City of Wellington.
2: In order to achieve the purpose of this Act, the Act—
a: grants the statutory authorisations to the New Zealand Transport Agency and the chief executive of the Ministry for Culture and Heritage that are reasonably necessary or desirable for—
i: the completion of the design and construction of the Park, and to enable its maintenance and operation, and the reconstruction or alteration of the roading network; and
ii: avoiding, remedying, or mitigating any actual or potential adverse effects of the exercise of statutory authorisations on the environment; and
b: sets the conditions that will apply to the statutory authorisations; and
c: facilitates the amendment of statutory authorisations granted by or under this Act, or their conditions, and the provision of any new statutory authorisations and conditions that may be reasonably necessary or desirable for—
i: the completion of the design and construction of the Park, and to enable its maintenance and operation and the reconstruction or alteration of the roading network; and
ii: avoiding, remedying, or mitigating any actual or potential adverse effects of the exercise of statutory authorisations on the environment; and
d: establishes a community forum and review panel; and
e: provides a process for the independent certification of plans and documents required by conditions of statutory authorisations granted by or under this Act.
4: Interpretation
In this Act, unless the context otherwise requires,— Agency section 93 archaeological authority section 10 archaeological site section 2 authorising body building consent section 7 building consent authority section 7 certification
a: sections 20 to 22
b: section 24 consent authority section 2(1) designation section 166 discharge permit section 87(e) district plan
a: means the Wellington City District Plan as approved by the Wellington City Council under Schedule 1
b: includes all operative changes to that plan; and
c: includes a proposed plan, to the extent that—
i: it has legal effect under section 86B
ii: it must be treated as operative under section 86F
d: includes any changes to the district plan notified before 1 October 2009 land use consent section 87(a) local authority section 5(1) Minister Ministry National War Memorial Park (Pukeahu) Park
a: mean the Park constructed, operated, and maintained on the Park land; and
b: include the land above the area indicated in figure 2
c: do not include the roading network Park land section 5 requiring authority section 166 resource consent section 2(1) roading network section 9 statutory authorisations
a: means the following:
i: the resource consents granted by section 8
ii: the designation provided by section 9
iii: the archaeological authorities granted by section 10
iv: the building consents granted by section 12
v: the powers of entry granted by section 17
vi: the property rights granted by section 18
b: includes any amendments to a statutory authorisation described in paragraph (a) or amendments to a statutory authorisation or other permission or right granted by Order in Council made under section 25 territorial authority section 5(1) water permit section 87(d) Section 4 consent authority amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 designation amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 discharge permit amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 district plan replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 land use consent amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 requiring authority amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 resource consent amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 water permit amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
5: Meaning of Park land
In this Act, Park land figure 2
a: part of the road known as Tory Street:
b: part of the road known as Buckle Street:
c: Part Section 226 Town of Wellington, Gazette
d: Section 1151 Town of Wellington, Gazette
e: Section 1152 Town of Wellington, Gazette
f: Section 1 SO 21789, computer freehold register WN39D/488:
g: Part Lot 2 DP 87064, computer freehold registers WN54D/136 and WN54C/503:
h: Part Section 227 Town of Wellington, computer freehold register WN11/14:
i: Part Section 234 Town of Wellington, Gazette
j: Part Sections 226 and 233 Town of Wellington, computer freehold register 288861:
k: Part Section 256 Town of Wellington, Gazette
l: Part Lot 1 A 66A, Gazette
m: Lot 7 DP 69, Gazette
n: Part Lot 8 DP 69, Gazette
o: Part Lot 15 DP 69, Gazette
p: Part Lot 16 DP 69, Gazette
q: Part Lot 33 DP 69, Gazette
r: Part Lot 33 DP 69, Gazette
s: Part Section 227 Town of Wellington, Gazette
t: Lot 32 DP 69, Gazette
u: Part Section 234 Town of Wellington, Gazette
v: Part Section 257 Town of Wellington, Gazette
w: Lot 2 DP 87064, computer freehold register WN54C/503 and WN54D/136:
x: Part Section 1266, Town of Wellington, computer freehold register WN49D/144:
y: Part Lot 6 DP 69, Gazette
6: Status of plans in Schedule 9
1: The plans included in each of figures 1 2 3
2: In each case, the boundaries shown by dashed lines—
a: are indicative only and do not limit the legal descriptions of the areas concerned nor any plans prepared under this Act to define the location of any works authorised by or under this Act; and
b: in the event of an inconsistency between a boundary shown in figure 1 2 3
7: Act binds the Crown
This Act binds the Crown.
2: Statutory authorisations and other matters
1: Resource consents and designations
Resource consents
8: Resource consents granted
1: The following resource consents, as specified in Part 1 Part 2
a: land use consents:
b: water permits:
c: discharge permits.
2: The following resource consents, as specified in Part 1 Part 2
a: land use consents:
b: water permits:
c: discharge permits.
3: The resource consents granted by subsections (1) and (2) have the same force and effect as if they had been granted under section 104A 104B 104C
4: The following provisions of the Resource Management Act 1991
a: section 116
b: section 120
c: sections 128
d: section 133
5: Unless otherwise specified by or under this Act, a resource consent granted by this section—
a: commences on the date that this Act comes into force; and
b: despite section 125
i: the resource consent is given effect to; or
ii: substantial work of any kind relevant to the consent has been commenced; or
iii: the Agency or the chief executive of the Ministry, as appropriate, has—
A: applied to the relevant consent authority to extend the period before which the consent lapses; and
B: had an extension granted.
6: In considering an application under subsection (5)(b)(iii), the consent authority must take into account—
a: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
b: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension. Designation
9: Designation provided for Agency
1: The designation specified in Part 1
a: is deemed to be included in the district plan; and
b: has the same force and effect as if it were included in the district plan or any proposed district plan under section 175(2)
2: The conditions applying to the designation are specified in Part 2
3: The land to which the designation applies is shown in figure 1
4: The provisions of the Resource Management Act 1991
5: The following provisions of the Resource Management Act 1991
a: section 174
b: section 176(1)(b)
c: section 176A
6: The designation provided for by subsection (1) has effect on and after the commencement of this Act. Section 9(4) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
2: Authorities relating to archaeological sites
10: Authority to destroy, damage, or modify archaeological site
1: The authorities to destroy, damage, or modify any archaeological site or sites specified in Part 1 Part 2
2: The authorities granted under this section have the same force and effect as if they had been granted under section 14
3: The following provisions of the Historic Places Act 1993
a: section 15
b: section 16(1)(b)
c: section 20
4: Despite section 17
5: Despite sections 14(10) 20A
a: commences on the date that this Act comes into force; and
b: lapses on 31 July 2015 unless, on or before that date,—
i: work of any kind relevant to the authority has been commenced; or
ii: an application has been made by the Agency to the New Zealand Historic Places Trust (Pouhere Taonga) to extend the period before which the authority lapses.
3: Building consents
11: Interpretation
In this subpart and in Schedules 5 6 building code building levy building work certificate of acceptance code compliance certificate determination section 7
12: Building consents granted
1: The building consents specified in Part 1 Part 2
2: The building consents specified in Part 1 Part 2
3: The building consents granted by subsections (1) and (2) have the same force and effect as if they had been granted under section 49(1) section 51
4: A building consent granted by this section—
a: commences on the date that this Act comes into force; and
b: despite section 52
i: any building work relevant to the consent has been commenced; or
ii: the building consent authority that would, but for this Act, have granted the building consents, allows a further period before which the building consent lapses.
13: Payment of building levies
1: Despite sections 53 54 section 12 section 53(2)
2: The Agency and the chief executive of the Ministry must each pay the building levies not later than 20 working days after being advised of the amount payable under section 54
14: Certificate of code compliance and certificate of acceptance
1: Despite section 92(1) section 12
2: Despite section 96(1) section 97 section 12
3: However, if the Agency or the chief executive of the Ministry has already paid a building levy in accordance with section 13 section 97(e)
15: Determination of compliance
1: Sections 177 to 190 section 12
2: However, the Agency or the chief executive of the Ministry, as appropriate, may apply in accordance with section 178 section 12
16: Use of Park or roading network
1: Despite sections 362A 363 section 12 Act
2: However, subsection (1) applies only if the territorial authority has issued a certificate for public use in accordance with section 363A
4: Access to property and granting of property rights
17: Powers of entry
1: The Agency is authorised to exercise the powers of entry specified in Part 1 Part 2
2: The chief executive of the Ministry is authorised to exercise the powers of entry specified in Part 1 Part 2
3: The authorities granted under this section have the same force and effect as if they had been granted by the Minister of Lands under section 111
4: Section 111(2) to (5)
18: Property rights granted
1: The property rights specified in Part 3 Part 4
2: The property rights specified in Part 3 Part 4
3: The property rights granted under this section have the same force and effect as if they had been taken by proclamation under section 26
4: A property right granted under this section is deemed to be an interest in land for the purposes of the Public Works Act 1981
5: Sections 18 23 24 25 26(1)
5: Certification of plans and documents
Plans and documents prepared by Agency
19: Preparation of draft plans and documents
1: This section and sections 20 to 22
2: A plan or document to which this section applies must—
a: be prepared in draft and a copy of the draft plan or document made available on the Agency's Internet site as soon as practicable; and
b: be certified as being consistent with, and giving effect to, the condition to which it relates.
20: Appointment of experts for certification
1: The Agency must, as required, appoint persons with the appropriate expertise and experience to act as independent certifiers of draft plans or documents for which certification is required.
2: Before appointing a certifier, the Agency must consult each relevant authorising body.
21: Certification
1: The Agency must submit draft plans or documents for certification to the certifier appointed for the purpose.
2: A certifier must, within 15 working days after the date that a draft plan or document is received,—
a: certify by notice in writing to the Agency, with reasons, that a draft plan or document meets the requirements of section 19(2)(b)
b: if the certifier is not satisfied in any particular case that a draft plan or document meets those requirements, direct the Agency by notice in writing, with reasons, to modify the plan or document in the manner specified so that the plan or document does meet the requirement.
3: As soon as practicable after receiving notice under subsection (2)(a), the Agency must make the certified plan or document available on its Internet site, together with the certifier's reasons.
4: However, if the certifier does not, on or before the date required by subsection (2), give notice to the Agency of the certifier's decision, the Agency may make the plan or document available on its Internet site as if the plan or document had been certified in accordance with subsection (2)(a), with advice that the certifier's determination had not been received by the Agency by the due date.
22: Alternative certification process
1: If the Agency is directed under section 21(2)(b)
a: make the modifications as directed; and
b: as soon as practicable, make the plan and documents, as modified, available on its Internet site, together with the certifier's reasons.
2: However, if the Agency determines, on reasonable grounds, that a direction would have a significant adverse impact on the ability of the Agency or the chief executive of the Ministry to achieve the purpose of this Act, the Agency—
a: need not make the modification, whether wholly or in part, as directed; but
b: must make the plan or document available on its Internet site, together with the reasons for not making the modification as directed.
3: The Agency must, in making a determination under subsection (2), take into account—
a: whether the modification as directed would—
i: be likely to result in a significant increase in the cost of any aspect of the work required for the creation of the Park or the reconstruction or alteration of the roading network:
ii: cause a delay that would significantly prejudice the timely completion of the Park or the reconstruction or alteration of the roading network:
iii: be outside the statutory powers or functions of the Agency:
iv: be within the statutory responsibility of another person, body, or agency; and
b: any other matters that the Agency considers relevant.
4: Plans and documents made available under subsection (1)(b) or (2)(b) or section 21(4) section 19(2)(b) Plans and documents prepared by Ministry
23: Preparation of draft plans and documents
1: This section and section 24
2: A plan or document to which this section applies must—
a: be prepared in draft and a copy of the draft plan or document made available on the Ministry's Internet site as soon as practicable; and
b: be certified as being consistent with, and giving effect to, the condition to which it relates.
24: Certification
1: The chief executive of the Ministry must submit draft plans or documents for certification to the relevant authorising body.
2: The authorising body must, not later than 20 working days after the date that a plan or document is received,—
a: certify by notice in writing to the chief executive of the Ministry, with reasons, that the draft plan or document meets the requirements of section 23(2)(b)
b: if the authorising body is not satisfied that a draft plan or document meets those requirements, direct the chief executive of the Ministry by notice in writing to modify the plan or document in the manner specified, with reasons, so that the plan or document does meet the requirement.
3: As soon as practicable after receiving notice under subsection (2)(a), the chief executive of the Ministry must make the certified plan or document available on the Ministry's Internet site, together with the reasons of the authorising body.
4: However, if the authorising body does not, on or before the date required by subsection (2), give notice to the chief executive of the Ministry of its decision, the chief executive of the Ministry may make the plan or document available on the Ministry's Internet site as if the plan or document had been certified in accordance with subsection (2)(a), with advice that the determination of the relevant authorising body had not been received by the chief executive by the due date.
5: If the chief executive of the Ministry is directed under subsection (2)(b), the chief executive must—
a: make the modifications as directed; and
b: as soon as practicable, make the certified plan or document available on the Ministry's Internet site.
6: If the chief executive of the Ministry determines, on reasonable grounds, that a direction given under subsection (2)(b) would have a significant adverse impact on the ability of the chief executive of the Ministry or the Agency to achieve the purpose of this Act, the chief executive—
a: need not make the modification, whether wholly or in part, as directed; but
b: must make the plan or document available on the Ministry's Internet site, together with the reasons for not making the modification as directed.
7: The chief executive of the Ministry must, in making a determination under subsection (6), take into account—
a: whether the modification as directed would—
i: be likely to result in a significant increase in the cost of any aspect of the work required for the creation of the Park or the reconstruction or alteration of the roading network:
ii: cause a delay that would significantly prejudice the timely completion of the Park or the reconstruction or alteration of the roading network:
iii: be outside the statutory powers or functions of the chief executive of the Ministry:
iv: be within the statutory responsibility of any person, body, or agency other than the chief executive of the Ministry; and
b: any other matters that the chief executive of the Ministry considers relevant.
8: Plans and documents made available under subsection (4), (5)(b), or (6)(b) are deemed to have been certified as meeting the requirements of section 23(2)(b)
6: Orders in Council
25: Governor-General may make Orders in Council for purpose of Act
Section 25 repealed 1 August 2015 section 26
26: Expiry of section 25
Section 25 2015-08-01 National War Memorial Park (Pukeahu) Empowering Act 2012 Section 26 expires and is repealed on the close of 31 July 2015. Review panel
27: National War Memorial Park Review Panel
1: The Minister must appoint a National War Memorial Park Review Panel of up to 3 persons with relevant expertise or appropriate skills, 1 of whom must be a former or retired Judge of the High Court or a lawyer (as defined in section 6
2: A member of the National War Memorial Park Review Panel must be appointed by notice of appointment in writing that states—
a: the date on which the appointment takes effect; and
b: the term of the appointment.
3: The Minister must appoint one of the appointed members to be the convener of the National War Memorial Park Review Panel.
4: An appointed member vacates office if he or she—
a: is removed by written notice given by the Minister; or
b: resigns by written notice given to the Minister.
5: The chief executive of the Ministry must provide administrative support for the National War Memorial Park Review Panel.
28: Function of National War Memorial Park Review Panel
1: The function of the National War Memorial Park Review Panel is to provide advice on request to the Minister or the Minister of Transport in relation to Orders in Council that may be required for the purpose of this Act.
2: All draft Orders in Council must be reviewed by the National War Memorial Park Review Panel before they are recommended under section 25
3: Within 3 working days after the date on which a draft Order in Council is received for review or any longer time allowed by the relevant Minister,—
a: the National War Memorial Park Review Panel must review the draft; and
b: the convener must give the relevant Minister a report that includes the panel's recommendations.
4: A review by the National War Memorial Park Review Panel may be conducted in any manner the convener thinks appropriate, including by telephone or video conference.
5: The convener has a casting vote if there is an equality of votes.
6: The relevant Minister must publicly notify the National War Memorial Park Review Panel's recommendations on a draft Order in Council.
7: The relevant Minister must, as soon as practicable after receiving the National War Memorial Park Review Panel's recommendations on a draft Order in Council, present a copy to the House of Representatives.
29: Further reporting by National War Memorial Park Review Panel
1: On the date that is 6 months after the commencement of this Act, and subsequently at intervals of 6 months, the National War Memorial Park Review Panel must report to the Minister on the use of the power under section 25
2: The Minister must, as soon as practicable after receiving the National War Memorial Park Review Panel's report required by subsection (1), present a copy to the House of Representatives.
30: Procedure for recommending Order in Council
In making a recommendation under section 25
a: take into account the purposes of this Act; and
b: have regard to the recommendations of the National War Memorial Park Review Panel.
31: Further provisions about Orders in Council
1: This section applies to Orders in Council made under section 25
2: An order must not be held invalid just because—
a: it is, or authorises any act or omission that is, inconsistent with any enactment listed in section 25(2)
b: it confers any discretion on, or allows any matter to be determined or approved by, any person.
3: An order may be expressed to come into force on a day that is before, on, or after the date on which it is made, but not earlier than the date on which this Act comes into force; and the order comes into force or, as the case may be, is deemed to have come into force accordingly.
4: An order may be retrospective only to the extent provided for in subsection (3).
5: So far as it is authorised by this Act, an order has the force of law as if it were enacted as a provision of this Act. Parliamentary scrutiny of Orders in Council
32: Order in Council under section 25 to be presented to House of Representatives promptly
Every Order in Council made under section 25
33: Disallowance of Order in Council under section 25
An Order in Council made under section 25
34: Disallowance has effect of revocation
An Order in Council made under section 25 section 33
35: Notice of resolution to disallow Order in Council under section 25
1: If the House of Representatives resolves to disallow an Order in Council made under section 25
2: The notice must show the date on which the resolution was agreed to and be accompanied by the text of the resolution.
3: The notice is conclusive evidence of the day on which the resolution was agreed to.
4: The Chief Parliamentary Counsel must arrange for the notice to be printed and published under section 4
36: Application of Regulations (Disallowance) Act 1989
An Order in Council made under section 25 Regulations (Disallowance) Act 1989
7: Community forum
37: Community forum
2015-08-01 National War Memorial Park (Pukeahu) Empowering Act 2012 This section expires and is repealed on the close of 31 July 2015. Section 37 repealed 1 August 2015 section 37(5)
8: Amendments, etc, to statutory authorisations after 31 July 2015
38: Amendments, etc, to statutory authorisations after 31 July 2015
1: Nothing in section 8(4) Resource Management Act 1991 section 8
2: Nothing in section 9(5) Resource Management Act 1991 section 9
3: Nothing in section 10(3) to (5) Historic Places Act 1993 section 10
4: Nothing in subpart 5


1: Title
This Act is the Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Customs and Excise Act 1996 principal Act 2012-10-24 Customs and Excise Act 1996 Purpose
4: Four substantive 10% increases
1: This Act amends the principal Act to increase by 10%, on 1 January in 2013, 2014, 2015, or 2016, every rate that is—
a: in the Excise and Excise-equivalent Duties Table (as defined in section 76A
b: a rate of excise or excise-equivalent duty on a tobacco product (as defined in section 79(4)
c: in force immediately before that date.
2: Those 4 substantive 10% increases in every rate of that kind are to be made—
a: by an annual indexation Order in Council that is made under section 79(1)
b: if no order of that kind comes into force on that date, by section 79AB Amendments to principal Act
5: Section 79 amended (Indexation of rates of excise duty and excise-equivalent duty on alcoholic beverages and tobacco products)
1: After section 79(3), insert:
3A: If an Order in Council is made under subsection (1), changes the rates of excise duty and excise-equivalent duty for tobacco products, and comes into force on 1 January in 2013, 2014, 2015, or 2016, then despite subsections (1) to (3),—
a: every new rate of excise duty or excise-equivalent duty that the Order in Council imposes on a tobacco product is calculated by adding 10% of the existing rate of duty on the product to the result achieved by applying the formula in subsection (3); and
b: the Order in Council must be called (as the case requires) an Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2012, 2013, 2014, or 2015.
2: Section 79(3A) 2016-01-01 Customs and Excise Act 1996 see sections 5(2) and 6(2) for repealing information
6: New section 79AB inserted (Rates of duties for tobacco products increased by 10% if not indexed on 1 January in 2013 to 2016)
1: Before section 79A
79AB: Rates of duties for tobacco products increased by 10% if not indexed on 1 January in 2013 to 2016
1: This section, in accordance with section 76G(1), amends the Excise and Excise-equivalent Duties Table.
2: A rate in that Table is amended by this section only if the rate is one that is—
a: a rate of excise duty or excise-equivalent duty on a tobacco product (as defined in section 79(4)); and
b: in force immediately before 1 January in 2013, 2014, 2015, or 2016; and
c: not changed on that date by an Order in Council made under section 79(1) and (3A).
3: The rate is on that date replaced with a new rate calculated by adding to the rate an amount equal to 10% of the rate.
2: Section 79AB


1: Title
This Act is the Children, Young Persons, and Their Families (Indexation—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 363 amended (Payment to person or organisation providing care)
In section 363(6) 2011, 1 April 2012, and 1 April 2013 in any year from 2011 to 2017 (inclusive) 2012-10-24 Children, Young Persons, and Their Families Act 1989


1: Title
This Act is the Education (Student Allowances Indexation—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 303 amended (Student allowances)
In section 303(3C) 2011, 1 April 2012, and 1 April 2013 in any year from 2011 to 2017 (inclusive) 2012-10-24 Education Act 1989


1: Title
This Act is the Income Tax (Working for Families Indexation—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application of section MF 7 (Orders in Council)
1: Section MF 7(1)(a) Income Tax Act 2007 section 94(2)
2: Subsection (1) does not limit section 94(6) 2012-10-24 Income Tax Act 2007 Compiler – there is no physical amendment to do. All this requires is a history note and you need to see Juliet to find out what wording is to be inserted in the history note – KH


1: Title
This Act is the New Zealand Superannuation and Retirement Income (Indexation—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 15 amended (Annual adjustment of standard rates of New Zealand superannuation)
In section 15(2A) 2011, 1 April 2012, and 1 April 2013 in any year from 2011 to 2017 (inclusive) 2012-10-24 New Zealand Superannuation and Retirement Income Act 2001


1: Title
This Act is the Social Security (Indexation—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 61HA amended (Annual CPI adjustment of rates of certain benefits)
In section 61HA(3) 2011, 1 April 2012, and 1 April 2013 in any year from 2011 to 2017 (inclusive) 2012-10-24 Social Security Act 1964 see section 4 also
4: Section 155 amended (Regulations relating to this Part)
In section 155(2A) 2011, 1 July 2012, and 1 July 2013 in any year from 2011 to 2017 (inclusive)


1: Title
This Act is the War Pensions (Indexation—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 74C amended (Annual adjustment of rates of veterans’ pensions)
In section 74C(2A) 2011, 1 April 2012, and 1 April 2013 in any year from 2011 to 2017 (inclusive) 2012-10-24 War Pensions Act 1954


1: Title
This Act is the Commerce (International Co-operation, and Fees) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Co-operation with overseas regulators
1: Amendments to Commerce Act 1986
3: Principal Act amended
This subpart Commerce Act 1986 2012-10-24 Commerce Act 1986 see Part 2 also
4: Power to search
Section 98A
5: For the purpose of allowing the Commission to provide, under section 99I section 99G(1)(b)
5: New sections 99B to 99P inserted
The following sections are inserted after section 99A
99B: Purpose of sections 99C to 99P (which relate to assistance to overseas regulators)
The purpose of sections 99C to 99P
a: to provide for when and how the Commission may provide compulsorily acquired information and investigative assistance to overseas regulators; and
b: to clarify other matters relating to sharing other kinds of information with overseas regulators.
99C: Definitions of terms used in sections 99B to 99P
In sections 99B to 99P co-operation arrangement section 99E section 99F
a: the provision by the Commission of compulsorily acquired information and investigative assistance to the overseas regulator; and
b: the provision by the overseas regulator of information and investigative assistance to the Commission compulsorily acquired information
a: is acquired by the Commission, whether before or after this section comes into force, as a result of, or in relation to, the exercise by the Commission of any of its powers under section 98, 98A, or 98H, or any power incidental to those powers; and
b: is not in the public domain investigative assistance overseas regulator recognised overseas regulator
99D: Restrictions on providing compulsorily acquired information and investigative assistance
The Commission must not provide compulsorily acquired information or investigative assistance to an overseas regulator unless the information or assistance is provided—
a: to a recognised overseas regulator in accordance with a co-operation arrangement; and
b: in accordance with sections 99I to 99K
99E: Government-to-government co-operation arrangements
1: The Minister may, on behalf of the Government of New Zealand, enter into a co-operation arrangement concerning an overseas regulator with—
a: the government of the country in which the overseas regulator is established; or
b: if the overseas regulator is established by an international body, the governing body of that international body.
2: Before entering into a co-operation arrangement concerning an overseas regulator, the Minister must—
a: have regard to the legal framework relating to the use of compulsorily acquired information in the jurisdiction of the overseas regulator; and
b: have regard to the potential consequences for New Zealand consumers and businesses of providing compulsorily acquired information or investigative assistance to the overseas regulator; and
c: consult with the Privacy Commissioner on any privacy issues arising from the proposed co-operation arrangement.
3: The Minister must not enter into a co-operation arrangement unless he or she is satisfied that entering into the arrangement is not inconsistent with any of New Zealand’s obligations under international agreements, conventions, or treaties.
99F: Regulator-to-regulator co-operation arrangements
1: The Commission may, with the prior written approval of the Minister, enter into a co-operation arrangement with an overseas regulator.
2: The Minister may not give approval to a co-operation arrangement under this section unless the Minister—
a: has had regard to the matters specified in section 99E(2)(a) and (b) section 99E(2)(c)
b: is satisfied of the matter specified in section 99E(3)
99G: Content of co-operation arrangements
1: Every co-operation arrangement must—
a: identify the overseas regulator that it concerns; and
b: identify the foreign enactments in connection with which the recognised overseas regulator may seek compulsorily acquired information and investigative assistance from the Commission; and
c: set out how any compulsorily acquired information that is provided may be used by the overseas regulator, and how it is to be kept secure.
2: A co-operation arrangement may also—
a: provide for the reimbursement of the Commission for costs incurred in providing the information or assistance; and
b: include other conditions on the provision of compulsorily acquired information or investigative assistance.
99H: Procedures relating to co-operation arrangements
1: Every co-operation arrangement must be in writing and be signed by,—
a: in the case of a government-to-government co-operation arrangement entered into under section 99E
b: in the case of a regulator-to-regulator co-operation arrangement entered into under section 99F
2: No later than 15 working days after a co-operation arrangement is entered into,—
a: the Minister or the Commission, as appropriate, must publish a notice in the Gazette
i: states that the arrangement has been entered into; and
ii: identifies the overseas regulator concerned; and
iii: identifies the parties to the arrangement; and
iv: states when the arrangement comes into effect; and
b: the Commission must publish a copy of the co-operation arrangement on its Internet site, and must keep it there while the arrangement continues in force.
3: Subsections (1) and (2)
99I: Providing compulsorily acquired information and investigative assistance
1: Following a request by a recognised overseas regulator made in accordance with a co-operation arrangement, the Commission may do either or both of the following:
a: provide compulsorily acquired information to the recognised overseas regulator:
b: provide investigative assistance to the recognised overseas regulator.
2: Before providing compulsorily acquired information or investigative assistance under subsection (1)
a: providing the information or assistance will, or is likely to, assist the recognised overseas regulator in performing its functions or exercising its powers in relation to competition law; and
b: the provision of the information or assistance will not be inconsistent with the co-operation arrangement; and
c: the provision of the information or assistance will not significantly prejudice New Zealand's international trade interests.
3: If the Commission considers, after consultation with the Ministry of Foreign Affairs and Trade, that a request for compulsorily acquired information or investigative assistance may have significant trade consequences for New Zealand, the Commission must refer the matter to the Minister of Trade.
4: If a request is referred to the Minister of Trade, the Commission is deemed to be satisfied for the purpose of subsection (2)(c)
5: In considering whether to provide compulsorily acquired information or investigative assistance in accordance with a co-operation arrangement, the Commission must also consider—
a: whether complying with the request will substantially affect the Commission's ability to perform its other functions under this Act or any other enactment; and
b: whether the recognised overseas regulator could more conveniently obtain the information or assistance from another source; and
c: whether the request would, in the opinion of the Commission, be more appropriately dealt with under the Mutual Assistance in Criminal Matters Act 1992.
99J: Conditions on providing compulsorily acquired information and investigative assistance
1: If the Commission provides compulsorily acquired information or investigative assistance to a recognised overseas regulator, the Commission may impose conditions on such provision, including conditions relating to—
a: maintaining the confidentiality of information; and
b: the storage or use of, or access to, anything provided; and
c: the copying, returning, or disposal of copies of anything provided; and
d: the payment of costs incurred by the Commission in providing anything or in otherwise complying with a request for information or investigative assistance.
2: The Commission must not provide copies of statements made by any person in answer to a question put by or before the Commission that might tend to incriminate the person, unless the recognised overseas regulator gives a written undertaking—
a: that it will not use such statements as evidence—
i: in criminal proceedings against the person (other than in proceedings in respect of the falsity of the person's testimony); or
ii: in proceedings against the person for a pecuniary penalty or any equivalent proceedings; and
b: that, to the extent that it is within the ability of the overseas regulator to do so, it will ensure that such statements are not used by any other person, authority, or agency as evidence in proceedings referred to in paragraph (a)
99K: Notice to persons affected by provision of information
1: If the Commission provides any compulsorily acquired information to a recognised overseas regulator, the Commission must, as soon as practicable after providing the information, notify the following people that the information has been provided:
a: the person from whom the information was acquired:
b: every person to whom the information relates.
2: However, the Commission need not notify a person as required by subsection (1)
a: giving notice might compromise any investigation conducted, or to be conducted, by the Commission or any overseas regulator; or
b: giving notice would prejudice the maintenance of the law (including the prevention, investigation, and detection of offences, and the right to a fair trial) in New Zealand or elsewhere; or
c: it is not practicable in the circumstances to give notice to the person.
99L: Reporting on use of co-operation arrangements
The Commission’s annual report must report on the use and operation of co-operation arrangements during the period covered by the report, and include information on—
a: the number and general nature of requests for information and investigative assistance received from recognised overseas regulators; and
b: the number and general nature of requests for information and investigative assistance that the Commission has made to recognised overseas regulators.
99M: Sharing of non-compulsorily acquired information not affected
Except to the extent that non-compulsorily acquired information is dealt with in a co-operation arrangement, the ability of the Commission to provide non-compulsorily acquired information to an overseas regulator is not affected by—
a: sections 99B to 99L
b: whether or not the overseas regulator is a recognised overseas regulator.
99N: Information provided by consent
Nothing in sections 99B to 99L
99O: Part 4 information not to be provided
The Commission must not provide information to an overseas regulator that the Commission has obtained under, pursuant to, or for the purposes of Part 4, unless the information is already in the public domain.
99P: Maintenance of privilege
1: If the Commission provides to an overseas regulator, for the purpose of assisting the overseas regulator to perform its competition law functions, a communication or information in respect of which the Commission has any privilege referred to in section 54, 56, or 57 of the Evidence Act 2006, the Commission is not to be taken as having waived its privilege in relation to that communication or information merely by providing it to the overseas regulator.
2: If the Commission receives from an overseas regulator, for the purpose of assisting the Commission to perform its competition law functions under this Act, a communication or information that, under the law of the country of the overseas regulator is subject to a privilege analogous to a privilege of a kind referred to in section 54, 56, or 57 of the Evidence Act 2006, that communication or information is subject to the analogous privilege in New Zealand, and the Evidence Act 2006 applies accordingly.
3: The Commission must not provide a communication or information that is subject to the privilege referred to in section 57 of the Evidence Act 2006 (which relates to settlement negotiation and mediation) to an overseas regulator unless every other party that has a privilege in relation to that communication or information consents to the Commission providing the communication or information to the overseas regulator.
4: To avoid doubt, this section applies whether or not a communication or information is provided under a co-operation arrangement.
2: Fees
6: Principal Act amended
This Part Commerce Act 1986
7: Regulations
Section 108
cc: requiring the Commission to refund, within a prescribed time, all or any part of a fee paid in respect of an application under section 58, or in respect of a notice under section 66(1) or 67(1), that is more than the cost to the Commission of determining that application or notice:
cd: prescribing a class or classes of persons who are exempt from the requirement to pay any fee prescribed for an application under section 58 or for a notice under section 66(1) or 67(1): .


1: Title
This Act is the Telecommunications (International Co-operation) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Telecommunications Act 2001 2012-10-24 Telecommunications Act 2001
4: Application of Commerce Act 1986 and Crown Entities Act 2004
Section 15
ha: sections 99B(a) and 99C to 99P
i: references in those sections to competition law functions, or functions in relation to competition law, were references to functions relating to the regulation of telecommunications; and
ii: references in those sections to the Minister were references to the Minister responsible for telecommunications: .


1: Title
This Act is the Fair Trading (International Co-operation) Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Fair Trading Act 1986 2012-10-24 Fair Trading Act 1986
4: Power to search
Section 47
4: For the purpose of allowing the Commission to provide, under section 48I section 48G(1)(b)
5: New sections 48B to 48O inserted
The following sections are inserted after section 48A
48B: Purpose of sections 48C to 48O (which relate to assistance to overseas regulators)
The purpose of sections 48C to 48O
a: to provide for when and how the Commission may provide compulsorily acquired information and investigative assistance to overseas regulators; and
b: to clarify other matters relating to sharing other kinds of information with overseas regulators.
48C: Definitions of terms used in sections 48B to 48O
In sections 48B to 48O co-operation arrangement section 48E section 48F
a: the provision by the Commission of compulsorily acquired information and investigative assistance to the overseas regulator; and
b: the provision by the overseas regulator of information and investigative assistance to the Commission compulsorily acquired information
a: is acquired by the Commission, whether before or after this section comes into force, as a result of, or in relation to, the exercise by the Commission of any of its powers under section 47 or 47G, or any power incidental to those powers; and
b: is not in the public domain investigative assistance overseas regulator recognised overseas regulator
48D: Restrictions on providing compulsorily acquired information and investigative assistance
The Commission must not provide compulsorily acquired information or investigative assistance to an overseas regulator unless the information or assistance is provided—
a: to a recognised overseas regulator in accordance with a co-operation arrangement; and
b: in accordance with sections 48I to 48K
48E: Government-to-government co-operation arrangements
1: The Minister may, on behalf of the Government of New Zealand, enter into a co-operation arrangement concerning an overseas regulator with—
a: the government of the country in which the overseas regulator is established; or
b: if the overseas regulator is established by an international body, the governing body of that international body.
2: Before entering into a co-operation arrangement concerning an overseas regulator, the Minister must—
a: have regard to the legal framework relating to the use of compulsorily acquired information in the jurisdiction of the overseas regulator; and
b: have regard to the potential consequences for New Zealand consumers and businesses of providing compulsorily acquired information or investigative assistance to the overseas regulator; and
c: consult with the Privacy Commissioner on any privacy issues arising from the proposed co-operation arrangement.
3: The Minister must not enter into a co-operation arrangement unless he or she is satisfied that entering into the arrangement is not inconsistent with any of New Zealand’s obligations under international agreements, conventions, or treaties.
48F: Regulator-to-regulator co-operation arrangements
1: The Commission may, with the prior written approval of the Minister, enter into a co-operation arrangement with an overseas regulator.
2: The Minister may not give approval to a co-operation arrangement under this section unless the Minister—
a: has had regard to the matters specified in section 48E(2)(a) and (b) section 48E(2)(c)
b: is satisfied of the matter specified in section 48E(3)
48G: Content of co-operation arrangements
1: Every co-operation arrangement must—
a: identify the overseas regulator that it concerns; and
b: identify the foreign enactments in connection with which the recognised overseas regulator may seek compulsorily acquired information and investigative assistance from the Commission; and
c: set out how any compulsorily acquired information that is provided may be used by the overseas regulator, and how it is to be kept secure.
2: A co-operation arrangement may also—
a: provide for the reimbursement of the Commission for costs incurred in providing the information or assistance; and
b: include other conditions on the provision of compulsorily acquired information or investigative assistance.
48H: Procedures relating to co-operation arrangements
1: Every co-operation arrangement must be in writing and be signed by,—
a: in the case of a government-to-government co-operation arrangement entered into under section 48E
b: in the case of a regulator-to-regulator co-operation arrangement entered into under section 48F
2: No later than 15 working days after a co-operation arrangement is entered into,—
a: the Minister or the Commission, as appropriate, must publish a notice in the Gazette
i: states that the arrangement has been entered into; and
ii: identifies the overseas regulator concerned; and
iii: identifies the parties to the arrangement; and
iv: states when the arrangement comes into effect; and
b: the Commission must publish a copy of the co-operation arrangement on its Internet site, and must keep it there while the arrangement continues in force.
3: Subsections (1) and (2)
48I: Providing compulsorily acquired information and investigative assistance
1: Following a request by a recognised overseas regulator made in accordance with a co-operation arrangement, the Commission may do either or both of the following:
a: provide compulsorily acquired information to the recognised overseas regulator:
b: provide investigative assistance to the recognised overseas regulator.
2: Before providing compulsorily acquired information or investigative assistance under subsection (1)
a: providing the information or assistance will, or is likely to, assist the recognised overseas regulator in performing its functions or exercising its powers in relation to fair trading law; and
b: the provision of the information or assistance will not be inconsistent with the co-operation arrangement; and
c: the provision of the information or assistance will not significantly prejudice New Zealand's international trade interests.
3: If the Commission considers, after consultation with the Ministry of Foreign Affairs and Trade, that a request for compulsorily acquired information or investigative assistance may have significant trade consequences for New Zealand, the Commission must refer the matter to the Minister of Trade.
4: If a request is referred to the Minister of Trade, the Commission is deemed to be satisfied for the purpose of subsection (2)(c)
5: In considering whether to provide information or investigative assistance under a co-operation arrangement, the Commission must also consider—
a: whether complying with the request will substantially affect the Commission's ability to perform its other functions under this Act or any other enactment; and
b: whether the recognised overseas regulator could more conveniently obtain the information or assistance from another source; and
c: whether the request would, in the opinion of the Commission, be more appropriately dealt with under the Mutual Assistance in Criminal Matters Act 1992.
48J: Conditions on providing compulsorily acquired information and investigative assistance
1: If the Commission provides compulsorily acquired information or investigative assistance to a recognised overseas regulator, the Commission may impose conditions on such provision, including conditions relating to—
a: maintaining the confidentiality of information; and
b: the storage or use of, or access to, anything provided; and
c: the copying, returning, or disposal of copies of anything provided; and
d: the payment of costs incurred by the Commission in providing anything or in otherwise complying with a request for information or investigative assistance.
2: The Commission must not provide compulsorily acquired information that was given by a person whom the information might tend to incriminate unless the recognised overseas regulator gives a written undertaking—
a: that it will not use the information as evidence—
i: in criminal proceedings against the person (other than in proceedings in respect of the falsity of the person's testimony); or
ii: in proceedings against the person for a pecuniary penalty or any equivalent proceedings; and
b: that, to the extent that it is within the ability of the overseas regulator to do so, it will ensure that the information is not used by any other person, authority, or agency as evidence in proceedings referred to in paragraph (a)
48K: Notice to persons affected by provision of information
1: If the Commission provides any compulsorily acquired information to a recognised overseas regulator, the Commission must, as soon as practicable after providing the information, notify the following people that the information has been provided:
a: the person from whom the information was acquired:
b: every person to whom the information relates.
2: However, the Commission need not notify a person as required by subsection (1)
a: giving notice might compromise any investigation conducted, or to be conducted, by the Commission or any overseas regulator; or
b: giving notice would prejudice the maintenance of the law (including the prevention, investigation, and detection of offences, and the right to a fair trial) in New Zealand or elsewhere; or
c: it is not practicable in the circumstances to give notice to the person.
48L: Reporting on use of co-operation arrangements
The Commission’s annual report must report on the use and operation of co-operation arrangements during the period covered by the report, and include information on—
a: the number and general nature of requests for information and investigative assistance received from recognised overseas regulators; and
b: the number and general nature of requests for information and investigative assistance that the Commission has made to recognised overseas regulators.
48M: Sharing of non-compulsorily acquired information not affected
Except to the extent that non-compulsorily acquired information is dealt with in a co-operation arrangement, the ability of the Commission to provide non-compulsorily acquired information to an overseas regulator is not affected by—
a: sections 48B to 48L
b: whether or not the overseas regulator is a recognised overseas regulator.
48N: Information provided by consent
Nothing in sections 48B to 48L
48O: Maintenance of privilege
1: If the Commission provides to an overseas regulator, for the purpose of assisting the overseas regulator to perform its fair trading law functions, a communication or information in respect of which the Commission has any privilege referred to in section 54, 56, or 57 of the Evidence Act 2006, the Commission is not to be taken as having waived its privilege in relation to that communication or information merely by providing it to the overseas regulator.
2: If the Commission receives from an overseas regulator, for the purpose of assisting the Commission to perform its fair trading law functions under this Act, a communication or information that, under the law of the country of the overseas regulator is subject to a privilege analogous to a privilege of a kind referred to in section 54, 56, or 57 of the Evidence Act 2006, that communication or information is subject to the analogous privilege in New Zealand, and the Evidence Act 2006 applies accordingly.
3: The Commission must not provide a communication or information that is subject to the privilege referred to in section 57 of the Evidence Act 2006 (which relates to settlement negotiation and mediation) to an overseas regulator unless every other party that has a privilege in relation to that communication or information consents to the Commission providing the communication or information to the overseas regulator.
4: To avoid doubt, this section applies whether or not a communication or information is provided under a co-operation arrangement.