1: Title
This Act is the Sentencing (Offender Levy) Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2010 Sentencing (Offender Levy) Amendment Act 2009 Commencement Order 2010
3: Principal Act amended
This Act amends the Sentencing Act 2002 OIC (2010/90) 2010-07-01 Sentencing Act 2002
1: Amendments to Sentencing Act 2002
4: Reparation
Section 12
1A: When considering undue hardship or other special circumstances under subsection (1), a court must not take into account that the offender is required to pay a levy under section 105B
5: Taking into account financial capacity of offender
Section 35
3: Subsection (2) is subject to section 105C
6: Determining amount of fine
Section 40
5: When considering the financial capacity of the offender under subsection (1), the court must not take into account that the offender is required to pay a levy under section 105B
7: New heading and sections 105A to 105J inserted
The following heading and sections are inserted after section 105
4A: Offender levy and victims' services bank account
105A: Interpretation
For the purposes of this subpart, unless the context otherwise requires,— account section 105G approved agency section 105J Secretary
105B: Offender to pay levy
1: This section applies to an offender who has been convicted of an offence.
2: On being sentenced or otherwise dealt with by a court in relation to 1 or more offences, the offender must pay a levy.
3: The levy is not a sentence and is in addition to any sentence.
105C: Priority of payments received from offender
If the court imposes or has previously imposed on an offender a sentence or an order of reparation or a sentence of a fine, or both, any payments received from the offender must be applied in the following order of priority:
a: in payment of the amount due under any sentence or order of reparation:
b: in payment of the offender levy:
c: in payment of any fine.
105D: Amount of levy
The amount of the levy payable under section 105B section 147
105E: Payment of levy
An offender must pay the levy to the Secretary, who must pay the levy into the account.
105F: Distribution of money in account
The Secretary may, from time to time, pay to an approved agency any amount of money from money that is held in the account.
105G: Victims' services bank account
The Secretary must, for the purposes of this subpart, establish through the Treasury a separate Crown bank account to be known as the victims' services bank account.
105H: Payments from, and other operation of, account
The Secretary must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted or required by this subpart or by regulations made under section 105I
105I: Regulations on operation of account
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the circumstances and manner in which money may or must be paid out of the account:
b: providing for the manner in which, and the conditions subject to which, the Secretary may or must otherwise operate the account.
105J: Approval of agency
1: The Secretary may approve an organisation as an approved agency for the purposes of this subpart.
2: Before approving an organisation as an approved agency, the Secretary must be satisfied that—
a: the organisation has as one of its roles providing services to victims of crime; and
b: any amount paid to the organisation under section 105F
c: the organisation has members with the knowledge, experience, and skills to provide services to victims of crime; and
d: the organisation has in place administrative arrangements that will enable money received by the organisation to be accounted for.
3: The Secretary may at any time, by notice in writing to an organisation approved under subsection (1), revoke that approval if the Secretary is no longer satisfied of the matters set out in subsection (2) or of any other matters that the Secretary considers relevant.
8: Enforcement of payment of amounts under sentence of reparation, reparation orders, etc
1: Section 145(1) ; or
c: the amount of any levy payable under section 105B
2: Section 145
2A: However, if the only amount payable is the levy,—
a: Part 3 of the Summary Proceedings Act 1957 applies (even if sections 19 and 19B to 19F of the Crimes Act 1961 would be applicable); but
b: sections 83(2)(a) and (b), 87(1)(a), and 88 of the Summary Proceedings Act 1957 do not apply and the following references must be read as follows:
i: the reference in section 88B(1)(a) to the amount of $25 must be read as a reference to the amount of the levy (being $50 or any other amount that may be prescribed by regulation); and
ii: the reference in section 88B(1)(b) to 3 years must be read as a reference to 1 year.
9: Regulations
Section 147
ca: prescribing the amount of the levy payable under section 105B .
2: Consequential amendments to other enactments
10: Consequential amendments to other enactments
The enactments listed in the Schedule OIC (SR 2010/90) 2010-07-01 Customs and Excise Act 1996 Social Security Act 1964 Summary Proceedings Act 1957 Tax Administration Act 1994


Domestic Violence Amendment Act 2009

1: Title
This Act is the Domestic Violence Amendment Act 2009.
2: Commencement
1: Section 9
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 Domestic Violence Act 1995 2009-10-28 Domestic Violence Act 1995 2010-07-01 Domestic Violence Act 1995 Section 9 of this Act
4: Standard conditions of protection order
Section 19(2)(e) electronic message, telephone,
5: Power to direct respondent or associated respondent to attend programme
Section 32(3)
6: Confidentiality of information disclosed to programme provider
Section 43(4)(c)(i) section 49(1)(c) section 49A
7: New sections 49 and 49A substituted
1: Section 49
49: Offence to breach protection order
1: Every person commits an offence who breaches a protection order by—
a: doing any act in contravention of the protection order; or
b: failing to comply with any condition of the protection order.
2: It is a defence in a prosecution for an offence under subsection (1)
3: Every person who is convicted on indictment of an offence against this section is liable to imprisonment for a term not exceeding 2 years.
4: To avoid doubt, a failure to comply with a direction made under section 32(1) or (2) to attend a specified programme is not a breach of a protection order under subsection (1)(b)
49A: Offence to fail to comply with direction
1: Every person commits an offence who, without reasonable excuse, fails on any occasion to comply with a direction made under section 32(1) or (2) to attend a specified programme.
2: Every person who commits an offence against this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000.
2: The second column of the item relating to the Domestic Violence Act 1995 in Part 2 49(3) 49(2) 2009-10-28 Summary Proceedings Act 1957
8: New section 50 substituted
Section 50
50: Power to arrest for breach of protection order
Where a protection order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has—
a: contravened the protection order; or
b: failed to comply with any condition of the protection order.
9: New Part 6A inserted
The following Part is inserted after section 124
6A: Police safety orders
124A: Interpretation
In this Part, unless the context otherwise requires,— constable Police safety order order section 124B qualified constable
124B: Qualified constable may issue Police safety order
1: A qualified constable may issue an order against a person ( person A person B
a: does not arrest person A for an offence against any enactment involving the use of violence against person B; but
b: has reasonable grounds to believe, having regard to the matters specified in subsection (2)
2: When considering whether to issue an order against person A, the constable must have regard to the following matters:
a: whether, in the circumstances, he or she considers it is likely that—
i: person A has used, or is using, domestic violence against person B:
ii: person A has used, or is using, domestic violence against any other person with whom he or she has a domestic relationship:
b: whether there is a likelihood that person A will use, or again use, domestic violence against person B:
c: the welfare of any children residing with person B:
d: the hardship that may be caused if the order is issued:
e: any other matter the constable considers relevant.
3: A constable who is not a qualified constable may issue an order under this section only if he or she is specifically authorised by a qualified constable to issue that order.
124C: Consent to issue of Police safety order not required
An order may be issued without the consent of the person for whose safety the order is proposed to be issued.
124D: Police safety order not to be issued against child
An order may not be issued against a child.
124E: Effect of Police safety order
1: A person against whom an order is issued must immediately—
a: surrender to a constable—
i: any weapon in his or her possession or control; and
ii: any firearms licence held by him or her:
b: vacate any land or building occupied by a person at risk, whether or not he or she has a legal or equitable interest in the land or building.
2: It is a condition of every order that the person against whom the order is issued must not—
a: physically or sexually abuse a person at risk; or
b: threaten to physically or sexually abuse a person at risk; or
c: damage, or threaten to damage, property of a person at risk; or
d: engage, or threaten to engage, in other behaviour, including intimidation or harassment, that amounts to psychological abuse of a person at risk; or
e: encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the person against whom the order is issued, would be prohibited by the order; or
f: watch, loiter near, or prevent or hinder access to or from the place of residence, business, or employment of a person at risk, or an educational institution attended by a person at risk, or any other place that a person at risk visits often; or
g: follow a person at risk about or stop or accost a person at risk in any place; or
h: where a person at risk is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or
i: make any other contact with a person at risk (whether by telephone, electronic message, correspondence, or otherwise), except such contact as is reasonably necessary in any emergency.
3: In this section, person at risk
a: the person named in the order for whose safety the order is issued; and
b: any child residing with that person.
124F: Suspension of firearms licence on issue of Police safety order
On the issue of an order, and for the period that the order is in force,—
a: any firearms licence held by the person against whom the order is issued is deemed to be suspended; and
b: the person against whom the order is issued is deemed, for all purposes, not to be the holder of a firearms licence.
124G: Suspension of parenting orders, etc
1: This section applies where—
a: an order is issued; and
b: a child is residing with a person named in the order for whose protection the order is issued (a protected child
c: a parenting order or day-to-day care or contact agreement is in force in respect of a protected child; and
d: the person against whom the order is issued is a party to that parenting order or agreement.
2: While an order continues in force against any person, the provisions of a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child are suspended.
124H: Prompt service of Police safety order required
1: An order issued under section 124B
2: If an order issued under section 124B
124I: Detention by constable
1: A constable who is proposing to issue a Police safety order under section 124B
a: obtain authorisation under section 124B(3)
b: issue the order:
c: serve the order.
2: If a person who is detained under subsection (1)
a: commits an offence and is liable on summary conviction to the penalty specified in subsection (4)
b: may be arrested without warrant.
3: To avoid doubt, subsection (2) subsection (1)(a)
4: The maximum penalty for an offence against subsection (2)(a)
5: In this section, detain
124J: Police safety order to be explained
1: A constable who issues an order must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the order, explain to the person against whom the order is issued—
a: the purpose, duration, and effect of the order; and
b: the consequences that may follow if the person against whom the order is issued contravenes the order.
2: A constable who issues an order must also, either before or after issue and service of the order, explain to the person for whose safety the order is issued the matters set out in subsection (1)(a) and (b)
124K: Duration of Police safety order
1: An order comes into force immediately on being served on the person against whom the order is issued.
2: An order continues in force for the period specified in the order, but that period must not exceed 5 days.
3: In considering the period to be specified in the order, the qualified constable must have regard to the matters set out in section 124B(2)
124L: Contravention of Police safety order
1: Subsection (2)
a: the order; or
b: any condition of the order.
2: If this subsection applies, a constable may take the person into custody by—
a: using such force as is reasonably necessary; or
b: executing a warrant to arrest issued in respect of that person under section 124O(1)(a)
3: Where a person has been taken into custody under subsection (2) section 124N
4: A person who is taken into custody under subsection (2)(a)
124M: Issue of summons where person cannot be brought before District Court within 24 hours
1: If a person who is taken into custody under section 124L(2)(a)
a: be released; and
b: be served by a constable with a summons requiring him or her to appear before a District Court at the place and time specified in the summons.
2: A summons served under subsection (1)(b)
3: If a person who has been served with a summons under subsection (1)(b)
a: arrest him or her; and
b: bring him or her before the Court.
124N: Jurisdiction of District Court
1: If a District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, is satisfied that a person has refused or failed to comply with a Police safety order, the Court may,—
a: if the order has not expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the Court, be—
i: issued against the person in substitution of the earlier order for the safety of the person named in the earlier order; and
ii: served by a constable or officer of the Court as soon as practicable; or
b: if the order has expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the Court, be—
i: issued against the person for the safety of the person named in the earlier order; and
ii: served by a constable or officer of the Court as soon as practicable; or
c: if it considers it appropriate in the circumstances to do so,—
i: adjourn the proceedings to a specified time and place to enable a District Court Judge to consider whether a temporary protection order should be issued under subsection (2)(b)
ii: make a direction of the kind specified in paragraph (a) or (b)
2: If a District Court presided over by a District Court Judge is satisfied that a person has refused or failed to comply with a Police safety order, the Judge may—
a: make a direction of the kind specified in subsection (1)(a) or (b)
b: issue, without application from any person, a temporary protection order under section 14 as if—
i: every reference in that section to the respondent were a reference to the person who the Judge is satisfied has refused or failed to comply with the Police safety order ( person R
ii: every reference in that section to the applicant were a reference to the person named in the Police safety order for whose safety the order was issued ( person S
3: A District Court Judge may issue a temporary protection order under subsection (2)(b)
4: Subsection (2)(b) subsection (5)
5: A District Court Judge may only issue an order of the kind referred to in subsection (2)(b)
a: does not object; and
b: has not made an application for a protection order against person R that is currently pending determination by a Court.
6: Where the Court makes a direction of the kind specified in subsection (1)(a) or (b)
124O: Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings
1: Subsection (2) applies if—
a: a person against whom a Police safety order is issued refuses or fails to comply with the order, or any condition of the order; or
b: a person who the District Court is satisfied has refused or failed to comply with a Police safety order does not attend personally at the time and place to which proceedings have been adjourned under section 124N(1)(c)(i)
2: The District Court may issue a warrant in the prescribed form.
3: A warrant to arrest a person under this section—
a: must be directed either—
i: specifically to a constable; or
ii: generally to every constable; but
b: may be executed by any constable.
4: For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the person against whom it is issued is on those premises.
5: The constable executing the warrant—
a: must have the warrant with him or her; and
b: must produce it on initial entry and, if requested, at any subsequent time; and
c: if he or she is not in uniform, produce evidence that he or she is a constable.
6: A person who is arrested under this section must, as soon as possible, be brought before a District Court to enable it to exercise its jurisdiction under section 124N
124P: Protection order to be issued and served
1: Where a District Court makes a temporary protection order under section 124N(2)(b)
a: immediately issue the order; and
b: wherever practicable, serve a copy of the order on the person against whom the order is made before that person leaves the Court.
2: For the purpose of subsection (1), the Court may direct that the person against whom the order is made be detained in the custody of the Court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on that person.
124Q: Protection order to be sent to Family Court
1: Immediately after the issue of a protection order under section 124N
2: On receipt of a copy of an order under subsection (1)
124R: Protection order treated as if made by Family Court
As soon as an order has been entered in the records of the Family Court under section 124Q(2)
124S: Police employees, etc, protected from proceedings
No action or proceedings may be brought against the Crown or any constable in respect of any thing done, or omitted to be done, for the purpose of carrying out the provisions of this Part, where the Crown or the constable acted in good faith and with reasonable care.
10: Consequential amendments to other enactments
The regulations listed in the Schedule 2009-10-28 Domestic Violence Rules 1996 Family Courts Rules 2002


Bail Amendment Act 2009

1: Title
This Act is the Bail Amendment Act 2009.
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 Bail Act 2000 2009-10-28 Bail Act 2000
4: Rules as to granting bail
Section 7(2) section 49(1)(a) or section 49(1)(b) section 49
5: Consideration of just cause for continued detention
Section 8(5) section 49(1)(a) or (b) section 49
6: Defendant admitted to bail by Police employee
1: Section 21(2) section 49(1)(a) or section 49(1)(b) section 49
2: Section 21
4A: If a person charged with a domestic violence offence is granted bail under this section, the Police employee who takes the bail bond of that person may impose—
a: any condition that he or she considers reasonably necessary to protect—
i: the victim of the alleged offence; and
ii: any particular person residing with the victim:
b: any condition that may otherwise be imposed under subsections (3) and (4).
4B: In this subsection and subsection (4A) domestic relationship domestic violence offence violence
7: Bail and breach of protection order
Section 23(4) subsection (1)(a) or subsection (1)(b) of


Sentencing Amendment Act (No 2) 2009

1: Title
This Act is the Sentencing Amendment Act (No 2) 2009.
2: Commencement
This Act comes into force on 1 July 2010.
3: Principal Act amended
This Act Sentencing Act 2002 2010-07-01 Sentencing Act 2002
4: New heading and sections 123A to 123G inserted
The following heading and sections are inserted after section 123 Protection orders
123A: Interpretation of terms used in this section and sections 123B to 123G
In this section and sections 123B to 123G child domestic relationship domestic violence offence domestic violence proceedings victim of the offence violence
123B: Protection order
1: This section applies if—
a: an offender is convicted of a domestic violence offence; and
b: there is not currently in force a protection order against the offender made under the Domestic Violence Act 1995 for the protection of the victim of the offence.
2: The court may make a protection order against the offender if—
a: it is satisfied that the making of the order is necessary for the protection of the victim of the offence; and
b: the victim of the offence does not object to the making of the order.
3: A protection order may be made under this section in addition to imposing a sentence or making any other order.
4: An order may be made under subsection (2)
5: If an order is made under subsection (2) subsection (4)
123C: Provisions applying to protection order made under section 123B
1: Subject to the modifications set out in subsection (2) section 123B
a: sections 16(1), 19 (except subsection (3)), 20 (except subsection (5)), 21 (except subsections (2)(a), (4), and (5)), 24(3), 25(1) (except paragraph (a)), 26(1), 28 (except subsection (6)), 32(1) and (4), and 33 of the Domestic Violence Act 1995; and
b: section 27 of the Domestic Violence Act 1995, except that the court may not impose a condition relating to the matters set out in subsection (2) of that section.
2: The modifications referred to in subsection (1)
a: every reference to protection order or final order must be read as a reference to an order made under section 123B
b: every reference to the respondent must be read as a reference to the offender:
c: every reference to the applicant or protected person must be read as a reference to the victim of the offence.
123D: Explanation of protection order
1: On making a protection order, the Judge or Registrar must explain to the offender—
a: the effect of—
i: the order; and
ii: any direction to attend a programme made under section 32 of the Domestic Violence Act 1995 (as applied by section 123C(1)(a)
b: the consequences that may follow if the offender fails to—
i: comply with the terms of the order; or
ii: attend any session of a programme that he or she has been directed to attend; and
c: the means by which the order can be varied or discharged.
2: Failure to give the explanation required by subsection (1)
123E: Protection order to be issued and served on offender
1: Where the court makes a protection order under section 123B
a: immediately issue the order; and
b: wherever practicable, serve a copy of the order on the offender before he or she leaves the court.
2: For the purpose of subsection (1)
123F: Protection order to be sent to Family Court
1: Immediately after the issue of a protection order in accordance with section 123E
2: On receipt of a copy of an order under subsection (1)
123G: Protection order treated as if made by Family Court
As soon as an order has been entered in the records of the Family Court under section 123F(2)
a: the order is to be treated as if it were a final protection order made by that court under the Domestic Violence Act 1995; and
b: sections, 22(2)(b) and (6), 23, 29 to 31, 34, 35, 38 to 44, 45(2), 46(1), 47(1), 48 to 50, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.


1: Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2009.
2: Commencement
1: This Act, except for Part 2
2: Part 2 Section 2(1) brought into force 6 September 2010 Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2010 Section 2(2) brought into force 5 December 2011 Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2011
3: Principal Act amended
This Act amends the Criminal Investigations (Bodily Samples) Act 1995 OIC SR 2010/220 2010-09-06 Criminal Investigations (Bodily Samples) Act 1995 Other than Part 2 (ss 1–31) OIC SR 2011/313 2011-12-05 Criminal Investigations (Bodily Samples) Act 1995 Part 2 (ss 32–50) — date must be later than date for rest of Act
1: New authority to take and retain bodily samples, and other amendments to principal Act
Preliminary provisions
4: Interpretation
1: Section 2(1) charged .
2: Section 2(1) independent adult independent adult section 2A .
3: Section 2(1) Part 2B temporary databank section 24O .
4: The definition of relevant offence section 2(1)
ba: an offence against any of the provisions listed in Part 3 .
5: Paragraphs (c) and (d) of the definition of relevant offence section 2(1) 1 or Part 2 1, 2, or 3
6: Section 2(1) triggering offence section 24J section 24K young person .
5: New section 2A inserted
The following section is inserted after section 2
2A: Meaning of independent adult
For the purpose of this Act, independent adult
a: in relation to a suspect under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself, means,—
i: if a parent or other person having the care of the suspect is present under section 50(1)(b)
ii: if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3)
iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008
A: chosen by the suspect; or
B: if the suspect fails or refuses to choose, chosen by a constable:
b: in relation to a young person from whom a bodily sample is being taken under Part 2B
i: if a parent or other person having the care of the young person is present under section 50A(2)(b)
ii: if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4)
iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,—
A: chosen by the young person; or
B: if the young person fails or refuses to choose, chosen by a constable. Amendment to Part 2 of principal Act
6: New section 5A inserted
The following section is inserted after section 5
5A: Relationship to Part 2B
The authority in this Part to take, or order the taking of, a bodily sample from a person in respect of an offence is not limited by the fact that a bodily sample has been taken from that person under Part 2B New authority to take bodily samples
7: New Part 2B inserted
The following Part is inserted after section 24I
2B: Taking bodily sample from person arrested or intended to be charged with relevant offence
24J: Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence
1: A constable may require a person who is of or over the age of 17 years to give a bodily sample if either—
a: the person is in the lawful custody of the Police and being detained for committing a relevant offence and is at a Police station or at any other place being used for Police purposes; or
b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons.
2: The sample must be taken in accordance with the procedures set out in Part 4.
3: If subsection (1)(b) applies, a constable may detain the person at any place—
a: in order for the bodily sample to be taken; and
b: only for the period necessary in order for the bodily sample to be taken.
24K: Authority to take bodily sample from young person arrested or intended to be charged with relevant offence
1: A constable may require a young person to give a bodily sample if either—
a: the person has been arrested for a relevant offence; or
b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons.
2: The sample must be taken in accordance with the procedures set out in Part 4.
3: If subsection (1)(b) applies, a constable may detain the person at any place—
a: in order for the bodily sample to be taken; and
b: only for the period necessary in order for the bodily sample to be taken.
24L: Relationship to Part 2
Nothing in Part 2 limits the authority to take a bodily sample conferred by section 24J or 24K
24M: Information to be given to person
If a constable proposes to require a person to give a bodily sample under section 24J or 24K
a: hand to the person a written notice containing the particulars specified in section 24N
b: inform the person in a manner and in language that the person is likely to understand—
i: what the triggering offence is; and
ii: of the effect of sections 24P and 24R
iii: of the effect of sections 48A 50A, 54A
iv: that the sample will be analysed; and
v: that a DNA profile derived from the sample cannot be used as evidence in criminal proceedings; and
vi: of the effect of section 26(ab) and (ac)
vii: of the effect of section 60A
24N: Form and content of notice
A notice given under section 24M
a: must be in the prescribed form; and
b: must contain the following particulars:
i: a reference to the triggering offence:
ii: a statement of the effect of sections 24P and 24R
iii: a summary of the provisions of sections 48A 50A 54A
iv: a summary of the provisions of sections 55, 56, and 56A relating to the procedures for the analysis of the sample and the disclosure of the results of the analysis:
v: a statement of the effect of section 26(ab) and (ac)
vi: a reference to the provisions of section 60A
vii: any other particulars that may be prescribed.
24O: Part 2B temporary databank
There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken under this Part.
24P: Information that may be kept on Part 2B temporary databank
A DNA profile derived from a bodily sample taken under this Part may be stored on a Part 2B temporary databank only if—
a: the person from whom the bodily sample was taken has been charged with the triggering offence, or a related relevant offence; and
b: circumstances have not yet arisen where—
i: records of the DNA profile must be destroyed under section 60A
ii: the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac)
24Q: Removal of DNA profiles from Part 2B temporary databank
When either of the circumstances in section 24P(b)(i) or (ii)
24R: Access to and disclosure of information on Part 2B temporary databank
1: Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes:
a: to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence:
b: for the purpose of making the information available, in accordance with the Privacy Act 1993, to the person to whom the information relates:
c: for the purpose of administering the Part 2B temporary databank.
2: For the purposes of subsection (1)(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates.
3: Nothing in this section applies in relation to information that does not identify any person.
4: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 1993 to investigate any complaint made under Part 8 of that Act.
5: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—
a: any application for a compulsion order; or
b: the issuing of a databank compulsion notice or the making of a Part 3 order; or
c: the prosecution of an offence against section 77(2).
24S: Access to and use of bodily samples taken under this Part
No person may have access to, and no person may use, any bodily sample taken from any person under this Part except for the purpose of deriving from that sample a DNA profile—
a: for the purposes of this Part; and
b: where applicable, for storage on a DNA profile databank in accordance with section 26(ab) or (ac) Other amendments to principal Act
8: Information that may be kept on DNA profile databank
1: Section 26 , 60A 60
2: Section 26
ab: any DNA profile derived from a bodily sample taken from a person under Part 2B
i: that person is convicted of the triggering offence, or of a related relevant offence (unless the conviction is subsequently quashed); and
ii: the offence of which the person is convicted is a relevant offence; and
iii: in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or a Youth Court makes an order under section 283 of the Children, Young Persons, and Their Families Act 1989:
ac: any DNA profile derived from a bodily sample taken from a young person under Part 2B
i: a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved; and
ii: the offence in relation to which the order was made is a relevant offence, or a related offence: .
9: New sections 26A and 26B inserted
The following sections are inserted after section 26
26A: Removal of certain DNA profiles from DNA profile databank
1: A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods ( retention periods
2: In the case of a person's DNA profile stored under section 26(a) or (ab)
a: the person was a young person on the date of the offence; and
b: any of the following applies:
i: a Youth Court made an order under 1 or more of paragraphs (a) to (n) of section 283 of the Children, Young Persons, and Their Families Act 1989; or
ii: a Youth Court made an order under section 283(o) of the Children, Young Persons, and Their Families Act 1989
iii: a District Court (rather than a Youth Court) convicted the person of the offence but did not impose a sentence of imprisonment.
3: In the case of a profile stored under section 26(ac)
a: the person was a young person on the date of the offence; and
b: a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved.
4: The retention periods and effect of certain subsequent offences are as follows: Sentence or order Retention period for order or conviction Retention period for subsequent offence Section 26(a) or (ab) 10 years after date of that section 283 order If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26(a) or (ab) 10 years after date of section 283(o) order If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26(a) or (ab) 10 years after date of conviction If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26 (ac) 4 years after date of section 282 order If a section 283 order is subsequently made during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If the person is subsequently convicted by a District Court without imprisonment during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If another section 282 order is subsequently made during that 4-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the first 4-year period.
5: A person's DNA profile stored under section 26 may, unless otherwise provided by this Act, be stored indefinitely on a DNA profile databank if any of the following apply:
a: if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence:
b: if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4): Examples
During a 10-year period for a section 283 order, another section 283 order is made against the person or a conviction (with or without imprisonment) is entered against the person by any court. During a 10-year period for a conviction by a District Court, a section 283 order is made against the person or another conviction (with or without imprisonment) is entered against the person by any court. During a 4-year retention period for a section 282 order, 2 further section 282 orders are made against the person.
c: in any other case (whether the person is a young person or of or over the age of 17 years), no fixed retention period is specified by this Act.
26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank
1: This section applies to a person if,—
a: before the commencement of this section,—
i: a DNA profile of the person was taken and stored on a DNA databank under Part 2 when the person was a young person; and
ii: a Youth Court made an order in relation to the person under section 282 or 283 of the Children, Young Persons, and Their Families Act 1989 in relation to an offence but no court imposed a sentence of imprisonment for the offence; and
b: within 10 years after the date of that order, the person is not convicted of an imprisonable offence.
2: The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile.”
10: Heading above section 45AA amended
The heading above section 45AA : Compulsion order or databank compulsion notice
11: Method by which bodily sample may be taken
The heading to section 48 : samples under Parts 2, 2A, and 3
12: New section 48A inserted
The following section is inserted after section 48
48A: Method by which bodily sample may be taken: samples under Part 2B
1: If a bodily sample is being taken under Part 2B
a: fingerprick sample:
b: buccal sample.
2: The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample.
3: A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample.
4: The sample must be taken—
a: by the method in subsection (1) that the person has chosen; or
b: if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable.
5: Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample.
13: Persons authorised to take buccal samples
1: Section 49A(1) or under Part 2B notice
2: Section 49A(3) is amended by adding ; or
c: in the case of a sample being taken under Part 2B
14: Person giving sample entitled to have certain other persons present
1: The heading to section 50 under Part 2, 2A, or 3 sample
2: Section 50(1) under Part 2, 2A, or 3 taken
15: New sections 50A to 50D inserted
The following sections are inserted after section 50
50A: Other person must be present when young person gives sample under Part 2B
1: This section and sections 50B to 50D Part 2B
2: The young person is entitled to have the following persons present during the taking of the sample:
a: a lawyer, or another person, of the young person's choice; and
b: a parent or other person who has the care of that young person.
3: The constable responsible for arranging the taking of the bodily sample must—
a: ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and
b: take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample.
4: A person referred to in subsection (2)(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications.
5: One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B
a: a person chosen under this section by the young person or by a parent or other person who has the care of that young person:
b: a person chosen under section 50B(5)
c: a person chosen under section 50B(5)
d: a person, who is not a Police employee within the meaning of section 4 of the Policing Act 2008, chosen by the constable if the young person fails or refuses to make a choice under subsection (2).
50B: Further provision if other person chosen to be present not present when choice made
1: This section applies if—
a: a young person chooses under section 50A section 50A(2) section 50A(4) section 50A(2)(a)
b: any person chosen is not present when the choice is made.
2: The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample.
3: If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)(a) is notified—
a: that the young person wishes him or her to be present during the taking of the sample; and
b: of the date on which, and the time and place at which, the sample is to be taken.
4: Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances.
5: The constable may refuse to allow the young person to have the person described in subsection (1)(a) present and—
a: may give the young person or a parent or other person who has the care of that young person the opportunity to—
i: choose another person described in section 50A(2)
ii: elect that the constable choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present; or
b: if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.
6: If a person chosen under subsection (5) is not present when the choice is made, the constable—
a: may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and
b: if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,—
i: if applicable, that the young person wishes him or her to be present during the taking of the sample; and
ii: of the date on which, and the time and place at which, the sample is to be taken.
7: However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)(a)(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.
50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B
1: A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that—
a: a notice was given to a young person under section 50B(2) or (6)
b: the young person failed to attend as specified in the notice to give a bodily sample.
2: A person referred to in subsection (1) is—
a: the constable who gave the notice; or
b: any other constable.
3: Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control.
4: In subsection (1), appropriate court
a: if the young person has not yet been charged for the triggering offence, the court in which the charge would be laid; or
b: if the young person has been charged for the triggering offence, the court in which the charge was laid.
50D: Form and effect of warrant issued under section 50C
1: A warrant issued under section 50C
a: must be in the prescribed form; and
b: expires immediately after a bodily sample is taken from the person to whom the notice under section 50B
2: A warrant under section 50C
a: the arrest of the person to whom the notice relates; and
b: the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.
3: If a bodily sample is taken under a warrant issued under section 50C Part 2B
4: The power to arrest and detain a person under a warrant issued under section 50C
16: Suitably qualified persons and certain other persons, not compelled to take sample or be present
1: Section 51(b)
a: inserting or 50A(2)(a) or (4) or 50B(5) 50(1)(a) or (3)
b: inserting or 50A(2)(b) 50(1)(b)
2: Section 51(c) 49A(4)(b) or (6)(a) 49A(3)(c), (4)(b), or (6)(a)
17: Who may be present when bodily sample taken
1: Section 52(1)(c) or section 50A(2) or (4) or 50B(5) 50
2: Section 52(1)(d) or 50A(2)(b) 50(1)(b)
3: Section 52(1)
f: any person chosen by a constable under section 50B(5)
g: any other person who is entitled by or under this Act to be present.
18: New section 54A inserted
The following section is inserted after section 54
54A: Procedure for taking bodily sample under Part 2B
1: If a constable proposes to require a person to give a bodily sample under Part 2B
a: ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample:
b: inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.
2: If a person refuses to give a bodily sample when required to do so under Part 2B
19: Disposal of bodily samples and identifying information obtained under Part 2
Section 60(1)(d) 12 24
20: New section 60A inserted
The following section is inserted after section 60
60A: Disposal of bodily samples and identifying information obtained under Part 2B
1: This section applies to—
a: a bodily sample taken under Part 2B
b: every record of any analysis of that bodily sample carried out on behalf of any constable; and
c: every record, to the extent that it contains—
i: information about the sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken.
2: The Commissioner must ensure that the bodily sample referred to in subsection (1)(a) is destroyed as soon as practicable after a DNA profile is obtained from the sample.
3: The Commissioner must ensure that any record referred to in subsection (1)(b) and (c) is destroyed,—
a: subject to section 61, as soon as practicable after the expiry of the period of 2 months beginning on the date on which the sample is taken, if the person is not charged with the triggering offence, or a related relevant offence, before the expiry of that period; or
b: if the person is charged with such an offence before the expiry of that period, as soon as practicable after the first of the following to occur:
i: the charge is withdrawn; or
ii: the person is acquitted of the offence.
4: Nothing in this section requires the destruction of a DNA profile that may lawfully be retained in a DNA profile databank.
21: Extension of period for which sample may be retained
1: Section 61
1: On application in accordance with this section, a High Court Judge may,—
a: in respect of a bodily sample taken under Part 2 and related records as described in section 60(1)(b) and (c), extend the period specified in section 60(1)(d); or
b: in respect of records as described in section 60A(1)(b) and (c) section 60A(3)(a)
1A: In this section, the period in section 60(1)(d) or, as the case may be, section 60A(3)(a) relevant period
2: Section 61
3: An extension or, as the case requires, a further extension of the relevant period may be granted under this section only if the High Court Judge is satisfied—
a: that the person from whom the bodily sample was taken has not been charged with the triggering offence, or a related relevant offence; and
b: either of the circumstances mentioned in subsection (3A) exists.
3A: The circumstances referred to in subsection (3) are—
a: that there is still good cause to suspect that the person committed an offence referred to in subsection (3)(a) and—
i: there is a good reason for the person not having been charged; and
ii: it is important to the investigation of the offence that the bodily sample, and any records that would otherwise be required to be destroyed, be retained; or
b: that—
i: there is not, or no longer, good cause to suspect that the person committed an offence referred to in subsection (3)(a); but
ii: it is important to the investigation of the offence, or to criminal proceedings in relation to that offence, that the bodily sample, and any records that would otherwise be required to be destroyed, be retained.
3: Section 61(5) (in the case of a sample taken under Part 2) sample
22: Material extracted from samples to be destroyed
Section 63 60, section 61A, or section 62 of this Act 60, 60A
23: Translation of notices
Section 64(a) 6(2)(a) or section 8(2)(a) or section 24E(a) or section 30(2)(a) or section 33(b) of this Act 6(2)(a), 8(2)(a), 24E(a), 24N
24: Non-attendance of persons not to affect admissibility of evidence
1: Section 69 or section 50A(2)(a) or (4) or 50B(5) section 50
2: Section 69
2: This section is subject to section 50A(5)
25: Information stored on DNA profile databank not admissible in criminal proceedings
1: The heading of section 71 or obtained under Part 2B databank
2: Section 71
1A: Subject to subsection (4), no DNA profile that is derived from a bodily sample taken under Part 2B
3: Section 71(4) or (1A) subsection (1)
26: New section 71A inserted
The following section is inserted after section 71
71A: Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes
1: A District Court Judge or Youth Court Judge may, on application made in accordance with this section, consent to a bodily sample taken from a person under Part 2B
2: An application for consent under subsection (1)—
a: must be made by a constable; and
b: must be made before the sample concerned is analysed by or on behalf of the Police; and
c: must be in writing and contain—
i: sufficient information to fairly inform the Judge of the nature of the bodily sample, the statutory authority for taking it, and the date on which it was taken; and
ii: a statement that satisfies the Judge that the sample has not been analysed; and
iii: a statement that the constable believes the sample taken from the person would tend to confirm or disprove the person's involvement in the commission of the offence and that gives the reasons for that belief; and
d: may be made without notice.
3: If the form of an application or consent under this section is not prescribed, the form must be acceptable to the court.
27: Information relating to bodily samples to be included in annual report of Police
1: Section 76
eb: the number of occasions on which a bodily sample has been taken under Part 2B
ec: the number of occasions on which a DNA profile was derived from a bodily sample taken under Part 2B
ed: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B section 24R(1)(a)
ee: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B
ef: the number of occasions on which a constable used reasonable force under section 54A(2)
eg: the total number of DNA profiles stored on a Part 2B temporary databank at the end of the period under review: .
2: Section 76
2: The information required by subsection (1)(eb) to (eg) must be provided together with a breakdown of those totals according to the ethnicity of the persons from whom the samples were taken, and the number of young persons from whom the samples were taken, so far as that information is known by the Police.
28: Offences
1: Section 77(1)
b: refuses to allow a bodily sample to be taken under a databank compulsion notice or under Part 2B
c: having been given a notice under section 50B Part 2B
2: Section 77(2)(a) , or a Part 2B temporary databank, databank
3: Section 77(2)(b) or a Part 2B temporary databank databank
4: Section 77(2)(c) , or a Part 2B temporary databank, databank
5: Section 77(2)(d)
a: inserting 24R section
b: inserting or a Part 2B temporary databank databank
6: Section 77(2)(e) 24S section
29: Indemnity
Section 79(1) or 54A(2)
30: New Part 3 added to Schedule
The Schedule Part 3 Schedule
31: Savings provision relating to new relevant offences
For the purposes of Part 3 section 30 Part 3 section 30
2: Extension of authority to take and retain bodily samples
Preliminary provision
32: Interpretation
Section 2(1) District Court imprisonable offence . Amendments to Part 2 of principal Act
33: Authority to take bodily sample from suspect
Section 5(a) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3
34: Request to consent to taking of bodily sample
1: Section 6(1) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 6(2)(b)(vii)
a: by omitting a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
b: by omitting High Court Judge District Court Judge
35: Form and content of notice
1: Section 7(b)(i) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 7(b)(viii)
a: omitting and that offence is a relevant offence,
b: omitting High Court Judge District Court Judge
3: Section 7(b)(xiii) and the offence of which the suspect is convicted is a relevant offence,
36: Application for order authorising taking of bodily sample
1: Section 13(1) High Court Judge District Court Judge
2: Section 13(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 13(2)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
37: Prohibition against publication of name of respondent
Section 14(1)(a) High Court Judge District Court Judge
38: Information may be withheld from respondent
Section 15(1) High Court Judge District Court Judge
39: Judge may authorise bodily sample to be taken
1: Section 16(1) High Court Judge District Court Judge
2: Section 16(1)(a) relevant
40: Application for order authorising taking of bodily sample from person under 17
1: Section 18(1) High Court Judge District Court Judge
2: Section 18(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 18(2)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
4: Section 18(3)(b)(vii) High Court Judge District Court Judge
41: Judge may authorise bodily sample to be taken
Section 23(1)(a) relevant
42: Form and content of compulsion order
Section 24(4)(h) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 Amendments to Part 2B of principal Act
43: Part 2B heading amended
The heading to Part 2B relevant offence imprisonable offence or offence listed in Part 3 of Schedule
44: Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence
1: The heading to section 24J section 7 relevant offence imprisonable offence or offence listed in Part 3 of Schedule
2: Section 24J(1)(a) and (b) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 Other amendments to principal Act
45: Information that may be kept on DNA profile databank
1: Section 26(a)(ii) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 26(ab)(i) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 26(ab)(ii) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
46: Removal of certain DNA profiles from DNA profile databank
Section 26A section 9
6: The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if—
a: either—
i: the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab)
ii: the person to whom the profile relates was of or over 17 years of age on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab)
b: the conviction was for an offence that was not a relevant offence at the time of the conviction; and
c: the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3
47: Certain young persons may apply for removal of DNA profiles from DNA profiles databank
Section 26B(1)(b) section 9 or offence against any of the provisions listed in Part 3
48: Issue and service of databank compulsion notice
1: Section 39(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 39(3) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 39(4) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3
49: Disposal of bodily samples and identifying information obtained under Part 2
1: Section 60(1)(f) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 60
2: Subsection (2A) applies if—
a: a bodily sample is taken under Part 2 from a person; and
b: the person is convicted of the offence in respect of which the sample is taken, or of a related offence; and
c: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3
2A: The Commissioner must ensure that the sample is retained only for as long as necessary to enable a DNA profile to be obtained from the sample, and is then destroyed.
50: Extension of period for which sample may be retained
1: Section 61(1) section 21 High Court Judge District Court Judge
2: Section 61(3) High Court Judge District Court Judge


Crimes Amendment Act 2009

1: Title
This Act is the Crimes Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Crimes Act 1961 amended
This Act amends the Crimes Act 1961 2009-12-01 Crimes Act 1961
4: Extraterritorial jurisdiction in respect of certain offences with transnational aspects
Section 7A(1)(d) with or people
5: Participation in organised criminal group
1: Section 98A
1: Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group—
a: knowing that 3 or more people share any 1 or more of the objectives (the particular objective or particular objectives
b: either knowing that his or her conduct contributes, or being reckless as to whether his or her conduct may contribute, to the occurrence of any criminal activity; and
c: either knowing that the criminal activity contributes, or being reckless as to whether the criminal activity may contribute, to achieving the particular objective or particular objectives of the organised criminal group.
2: Section 98A(2) that are punishable by imprisonment for a term of 10 years or more
6: Interpretation
1: Paragraph (a) of the definition of specified offence section 312A(1) 10 7
2: The definition of specified offence section 312A(1)
b: an offence against section 243(3) (which relates to certain money laundering offences):
c: an offence punishable under section 247(b) or (c) (which relate to certain offences in respect of receiving property dishonestly obtained) .
7: Application by Police for warrant to intercept private communications
1: Section 312B(1)
1: An application may be made in accordance with this section to a Judge of the High Court for a warrant for any Police employee to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing—
a: either that—
i: a person has committed, or is committing, an offence under section 98A(1)
ii: a member of an organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and
b: it is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of the warrant.
2: Section 312B(2)
a: the facts relied upon to show that there are reasonable grounds for believing either—
i: that a person has committed, or is committing, an offence under section 98A(1)
ii: that—
A: there is an organised criminal enterprise; and
B: a member of the organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and .
3: Section 312B(2)(c) or by the person who is believed to have committed, or be committing, an offence under section 98A(1) organised criminal enterprise
8: Matters on which Judge must be satisfied in respect of applications
Section 312C(1)
a: there are reasonable grounds for believing either—
i: that a person has committed, or is committing, an offence under section 98A(1)
ii: that—
A: there is an organised criminal enterprise; and
B: a member of the organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and .
9: Contents and term of warrant
Section 312D(1)(b)(i) or by the person who is believed to have committed, or be committing, an offence under section 98A(1) organised criminal enterprise


Local Government Amendment Act 2009

1: Title
This Act is the Local Government Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Local Government Act 2002 amended
This Act amends the Local Government Act 2002 2009-12-01 Local Government Act 2002
4: Circumstances when Court may make removal order
Section 216(b) ; or
iii: is such that the court is satisfied that it may reasonably be regarded as intimidating.


Sentencing Amendment Act (No 3) 2009

1: Title
This Act is the Sentencing Amendment Act (No 3) 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Sentencing Act 2002 amended
This Act amends the Sentencing Act 2002 2009-12-01 Sentencing Act 2002
4: Aggravating and mitigating factors
Section 9(1)
hb: the nature and extent of any connection between the offending and the offender's—
i: participation in an organised criminal group (within the meaning of section 98A of the Crimes Act 1961); or
ii: involvement in any other form of organised criminal association: .


1: Title
This Act is the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009.
2: Commencement
1: This Act comes into force on a date to be 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) Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 brought into force 19 November 2010 clause 2 Whakarewarewa and Roto-a-Tamaheke Vesting Act Commencement Order 2010 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— Affiliate Te Arawa Act Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Arikikapakapa section 8 land Schedule 1 Arikikapakapa section 101 land Schedule 1 chief executive closed roads Schedule 1 existing Arikikapakapa lease section 108(9)(b) existing Arikikapakapa section 101 lease Affiliate Te Arawa Act existing Whakarewarewa Thermal Springs lease Affiliate Te Arawa Act joint trust joint trustees MACI Roto-a-Tamaheke Reserve Schedule 1 Southern Arikikapakapa Reserve Schedule 1 Te Pūmautanga trustees trust deed vesting deed Whakarewarewa Thermal Springs Reserve Schedule 1
4: Act binds the Crown
This Act binds the Crown.
2: Vesting and related matters
Southern Arikikapakapa Reserve
5: Arikikapakapa Reserve
1: The closed roads are declared a reserve and classified as a recreation reserve subject to section 17
2: The following lands are included as part of the recreation reserve known as the Arikikapakapa Reserve in Schedule 2
a: the closed roads:
b: the Arikikapakapa section 8 land:
c: the Arikikapakapa section 101 land.
3: Subsection (2) has effect despite anything in the Reserves Act 1977 Tourist and Health Resorts Control Act 1908
4: Immediately after the inclusion of those lands in the Arikikapakapa Reserve,—
a: the reservation of the Southern Arikikapakapa Reserve as land comprised in a recreation reserve subject to section 17
b: accordingly,—
i: the Southern Arikikapakapa Reserve ceases to be part of the Arikikapakapa Reserve; and
ii: the Tourist and Health Resorts Control Act 1908
5: Sections 24 25
6: The reference in Schedule 2
6: Vesting of Southern Arikikapakapa Reserve
1: The fee simple estate in the Southern Arikikapakapa Reserve vests in the joint trustees subject to—
a: the provisions of this Act; and
b: the encumbrances and other matters listed in respect of the Southern Arikikapakapa Reserve in Schedule 2
2: The vesting is subject to the joint trustees doing the things required by section 13
7: Reservation of Southern Arikikapakapa Reserve
1: The Southern Arikikapakapa Reserve is declared a reserve and classified as a recreation reserve subject to section 17
2: The reserve created by subsection (1) is named the Southern Arikikapakapa Reserve, and section 16(10)
8: Application of Part 4A of Conservation Act 1987
1: The vesting of the Southern Arikikapakapa Reserve under this Part is a disposition of land by the Crown for the purposes of Part 4A
2: However, sections 24 24A 24AA
3: If the reservation of the Southern Arikikapakapa Reserve under section 7(1)
a: section 24
b: the requirement in subsection (2A) of that section is to be treated as having been complied with in respect of that land.
9: Application of other enactments
1: Section 11 Part 10
a: the vesting of the fee simple estate in the Southern Arikikapakapa Reserve under this Part; or
b: any matter incidental to, or required for the purpose of, that vesting.
1:
2: The vesting of the fee simple estate in the Southern Arikikapakapa Reserve under this Part does not—
a: limit section 10 11
b: affect other rights to subsurface minerals; or
c: limit the rights and obligations of the Crown or of a local authority in respect of geothermal energy (as defined by section 2(1) Section 9(1) inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9(1) repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9(2)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
10: Modified application of Reserves Act 1977
1: Sections 48A 114 115
2: Sections 78(1)(a) 79 81 88
3: If the reservation of the Southern Arikikapakapa Reserve under section 7(1) section 24 section 25 Other Reserves
11: Vesting of Whakarewarewa Thermal Springs Reserve
1: The fee simple estate in the Whakarewarewa Thermal Springs Reserve vests in the joint trustees subject to—
a: the provisions of this Act; and
b: the encumbrances and other matters listed in respect of the Whakarewarewa Thermal Springs Reserve in Schedule 2
2: The vesting is subject to the joint trustees doing the things required by section 13
3: The vesting has effect despite anything in the Affiliate Te Arawa Act
4: The vesting does not affect—
a: the status of the Whakarewarewa Thermal Springs Reserve as a recreation reserve by virtue of the Affiliate Te Arawa Act
b: the application of the Reserves Act 1977 Conservation Act 1987 Affiliate Te Arawa Act
12: Vesting of Roto-a-Tamaheke Reserve
1: The fee simple estate in the Roto-a-Tamaheke Reserve vests in the joint trustees subject to—
a: the provisions of this Act; and
b: the encumbrances and other matters listed in respect of the Roto-a-Tamaheke Reserve in Schedule 2
2: The vesting is subject to the joint trustees doing the things required by section 13
3: The vesting has effect despite anything in the Affiliate Te Arawa Act
4: The vesting does not affect—
a: the status of the Roto-a-Tamaheke Reserve as a recreation reserve by virtue of the Affiliate Te Arawa Act
b: the application of the Reserves Act 1977 Conservation Act 1987 Affiliate Te Arawa Act Leases, etc
13: Documents to be entered into
The joint trustees must—
a: enter into registrable deeds of surrender in respect of the existing Whakarewarewa Thermal Springs lease, the existing Arikikapakapa lease, and the existing Arikikapakapa section 101 lease; and
b: grant a registrable lease to MACI in respect of the Whakarewarewa Thermal Springs Reserve substantially in the form set out in Schedule 5 of the vesting deed; and
c: grant a registrable lease to MACI in respect of the Southern Arikikapakapa Reserve substantially in the form set out in Schedule 6 of the vesting deed; and
d: grant to the Rotorua District Council a registrable easement, substantially in the form set out in Schedule 9 of the vesting deed, for the right to convey water over the area (comprising the route of the pipeline and the existing pump sheds and associated facilities) indicated on the diagram in Schedule 10 of that deed (the final easement being subject to survey) in order to formalise the use right existing at the date of the vesting deed.
14: Minister's power to execute on behalf of MACI
1: The Minister of Tourism may execute any of the following documents on behalf of MACI as lessee:
a: a deed of surrender referred to in section 13(a)
b: a lease referred to in section 13(b) or (c)
2: If the Minister does so, the document has effect as if it were properly executed by MACI as lessee in accordance with the New Zealand Maori Arts and Crafts Institute Act 1963
15: Enforceability of leases
The leases referred to in section 13(b) and (c)
a: are enforceable in accordance with their terms despite the provisions of the Reserves Act 1977 Tourist and Health Resorts Control Act 1908
b: are to be treated as having been granted in accordance with those Acts.
16: Receipt and use of annual rent
The lessor of the leases referred to in section 13(b) and (c) Reserves Act 1977 Registration
17: Registration: Southern Arikikapakapa Reserve
1: The Registrar-General of Land must, on written application by the chief executive,—
a: create a computer freehold register and register the joint trustees as the proprietors of the fee simple estate in the Southern Arikikapakapa Reserve; and
b: enter on the register any encumbrances or other matters that are registered, notified, or notifiable in respect of the Southern Arikikapakapa Reserve and that are described in the application.
2: Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register.
3: The computer freehold register must be created as soon as is reasonably practicable, but no later than—
a: 24 months after the fee simple estate in the Southern Arikikapakapa Reserve vests in the joint trustees; or
b: any later date that may be agreed in writing by the joint trustees and the Crown.
4: The Registrar-General of Land must make the following notifications on the computer freehold register:
a: that the land is subject to Part 4A
b: that section 24
c: that the land is subject to section 8(3)
d: that the land is subject to section 20
5: A notification made under subsection (4)(a) is to be treated as having been made in compliance with section 24D(1)
6: If the reservation of the Southern Arikikapakapa Reserve under this Part is revoked in relation to the whole of the land comprised in the Reserve,—
a: the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the notifications made under subsection (4)(b), (c), and (d) from the computer freehold register for the Southern Arikikapakapa Reserve; and
b: the Registrar-General must comply with any such application.
7: If the reservation of the Southern Arikikapakapa Reserve under this Part is revoked in relation to a part of the land comprised in the Reserve, the Registrar-General of Land must ensure that the notifications made under subsection (4)(b), (c), and (d) remain only on the computer freehold register for the part of the land that remains a reserve.
18: Registration: other Reserves
1: The Registrar-General of Land must, on written application by the chief executive,—
a: register the joint trustees as the proprietors of the fee simple estate in—
i: the Whakarewarewa Thermal Springs Reserve; and
ii: the Roto-a-Tamaheke Reserve; and
b: enter on the register any encumbrances or other matters that are registered, notified, or notifiable in respect of those Reserves and that are described in the applications.
2: The Registrar-General of Land must—
a: remove the notifications recording that those Reserves are subject to section 117
b: make a notification recording that they are subject to section 20
3: If the reservation under the Affiliate Te Arawa Act
a: the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the notification made under subsection (2)(b)
b: the Registrar-General must comply with any such application.
4: If the reservation under the Affiliate Te Arawa Act Administering body
19: Change of administering body
The joint trustees are the administering body of the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, and the Roto-a-Tamaheke Reserve for the purposes of the Reserves Act 1977 Subsequent transfer of Reserves
20: Restrictions on transfer
1: This section applies to the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, or the Roto-a-Tamaheke Reserve so long as the land, or any part of the land, comprised in the Reserve remains a reserve under the Reserves Act 1977
2: In relation to such a Reserve, the land (or, as the case may be, the part of the land) that remains a reserve is referred to in this section as the reserve land
3: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.
4: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
5: The relevant conditions
a: that the new owners are able to comply with the requirements of the Reserves Act 1977
b: that the new owners are able to perform the duties of an administering body under that Act.
6: The Registrar-General of Land must, upon receiving the documents specified in subsection (7), register the new owners as the proprietors of the fee simple estate in the reserve land.
7: The documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for registration of the transfer instrument.
8: The new owners, from the time of registration under subsection (6),—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
9: This section does not apply to a transfer of the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate, given by the transferees or the transferees' solicitor, verifying that the conditions in paragraphs (a) and (b) are met.
21: Corresponding provisions cease to apply
1: On the coming into force of section 20 Affiliate Te Arawa Act
2: The Affiliate Te Arawa Act Miscellaneous
22: Limit on duration of trusts does not apply to joint trust
1: No rule of law or provisions of an Act, including section 16
a: the joint trust may exist in law; or
b: the joint trustees may hold or deal with property (including income derived from the property).
2: However, if the joint trust becomes a charitable trust,—
a: subsection (1) ceases to apply; and
b: the trust may continue indefinitely under section 16(6)(a)
3: No rule of law or provisions of an Act, including section 16 Section 22 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 22(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 22(2)(b) replaced 30 January 2021 section 161 Trusts Act 2019 Section 22(3) replaced 30 January 2021 section 161 Trusts Act 2019
23: Election of joint trustees to become Māori authority
For the purposes of the Income Tax Act 2007
a: the joint trustees are deemed to be trustees of a trust falling within section HF 2(3)
b: accordingly, the joint trustees are deemed to be eligible under that section to make an election under section HF 11
24: Application of intra-Crown payments
The Minister of Conservation may direct that any intra-Crown payment for the Southern Arikikapakapa Reserve be paid and applied in the manner specified in section 82(1)(a)
3: Subdivisions
Power to subdivide
25: Need for Ministerial consent
1: This section applies if—
a: the beneficial interest in the Reserves vested in the joint trustees under Part 2
b: following that determination, the joint trustees apply in writing to the Minister of Māori Affairs to subdivide and transfer 1 or more of those Reserves; and
c: the Minister of Māori Affairs certifies in writing that the subdivision and transfer complies with the conditions set out in the vesting deed; and
d: the Reserve or Reserves in question ( relevant Reserves Reserves Act 1977
2: The Minister of Māori Affairs must give the certificate required by subsection (1)(c) if he or she is satisfied that the subdivision and transfer complies with the conditions set out in the vesting deed, but no more than 1 certificate may be given for the purposes of this section.
3: If this section applies, section 11 Part 10
4: However, the subdivision and transfer may not take place unless the Minister of Conservation consents in writing to the transfer.
5: The Minister of Conservation must give that consent if, upon written application, the joint trustees satisfy the Minister of Conservation that the first transferee of each resulting parcel of land—
a: is able to comply with the requirements of the Reserves Act 1977
b: is able to perform the duties of an administering body under that Act.
6: In this Part,— first transferee
a: means the person or persons to whom the fee simple estate in that parcel of land is, or is to be, transferred in accordance with this section; and
b: if those persons are trustees of a trust, includes (where applicable) the trustees for the time being of that trust resulting parcel of land
7: The permission of a council under section 348
8: Nothing in this section affects or limits the application of any enactment or rule of law to a subdivision of a relevant Reserve if this section does not apply. Section 25(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
26: Resulting parcels of land to be treated as separate reserves
1: If a relevant Reserve is subdivided and transferred in accordance with section 25 section 17
2: With effect from the transfer date, the first transferee of a resulting parcel of land—
a: is the administering body of the reserve comprising that parcel of land for the purposes of the Reserves Act 1977
b: holds that parcel of land for the same reserve purposes as it was held by the administering body immediately before the transfer.
3: Transfer date section 29
27: Continuing application of Part 4A of Conservation Act 1987
1: If the Southern Arikikapakapa Reserve is subdivided and transferred in accordance with section 25
a: section 8(3)
b: accordingly, the reference there to the Southern Arikikapakapa Reserve must be read as a reference to a parcel of land resulting from that subdivision.
2: If the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve is subdivided and transferred in accordance with section 25
a: section 112(4)
b: accordingly, the reference there to a reserve site (as it applies to that Reserve) must be read as a reference to a parcel of land resulting from that subdivision.
28: Modified application of Reserves Act 1977 to resulting reserves
1: Sections 48A 114 115
2: Sections 78(1)(a) 79 to 81 88
3: If the reservation of a resulting parcel of land is revoked under section 24 section 25 Registration
29: Registration of subdivision and transfer
1: For each resulting parcel of land, the Registrar-General of Land must, upon receiving the documents specified in subsection (2),—
a: create a computer freehold register and register the first transferee as the proprietor of the fee simple estate in the parcel of land; and
b: make the appropriate entries on the register.
2: The documents are—
a: a transfer instrument to transfer the fee simple estate in the parcel of land to the first transferee, including a notification that the first transferee is to hold the parcel of land for the same reserve purposes as it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the parcel of land; and
c: any other document required for registration of the transfer instrument.
3: Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register for the resulting parcel of land.
4: Without prejudice to the generality of subsection (1)(b), the Registrar-General must, for each resulting parcel of land,—
a: amend the notification recording that the land is subject to the relevant suspension provision, so that it has effect subject to section 27
b: remove the notification recording that the parcel of land is subject to section 20
c: make a notification recording that the parcel of land is subject to section 32
5: The relevant suspension provision
a: in the case of the Southern Arikikapakapa Reserve, section 8(3)
b: in the case of the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve, section 112(4)
30: Other registration requirements cease to apply
1: If the Southern Arikikapakpapa Reserve is subdivided and transferred in accordance with section 25 section 17(6) and (7)
2: If the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve is subdivided and transferred in accordance with section 25 section 113(3) section 18(3) and (4)
31: Subsequent revocation
1: If the reservation of a resulting parcel of land is revoked in relation to the whole of the land comprised in the parcel of land,—
a: the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the relevant notifications from the computer freehold register for the parcel of land; and
b: the Registrar-General must comply with any such application.
2: If the reservation of a resulting parcel of land is revoked in relation to a part of the land comprised in the parcel of land, the Registrar-General of Land must ensure that the relevant notifications remain only on the computer freehold register for the part of the land that remains a reserve.
3: The relevant notifications
a: that section 24
b: that the land is subject to the relevant suspension provision and to section 27
c: that the land is subject to section 32
4: The relevant suspension provision section 29(5) Subsequent transfer of parcels of land
32: Restrictions on transfer of parcels of land
1: This section applies to a resulting parcel of land so long as the land, or any part of the land, comprised in the parcel of land remains a reserve under the Reserves Act 1977 section 25
2: The land (or, as the case may be, the part of the land) that remains a reserve is referred to in this section as the reserve land
3: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.
4: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
5: The relevant conditions
a: that the new owners are able to comply with the requirements of the Reserves Act 1977
b: that the new owners are able to perform the duties of an administering body under that Act.
6: The Registrar-General of Land must, upon receiving the documents specified in subsection (7), register the new owners as the proprietors of the fee simple estate in the reserve land.
7: The documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for registration of the transfer instrument.
8: The new owners, from the time of registration under subsection (6),—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
9: This section does not apply to a transfer of the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate, given by the transferees or the transferees' solicitor, verifying that the conditions in paragraphs (a) and (b) are met. Miscellaneous
33: Limit on duration of trusts does not apply to first transferees
1: No rule of law or provisions of an Act, including section 16
a: a relevant trust may exist in law; or
b: relevant trustees may hold or deal with property (including income derived from the property).
2: However, if a relevant trust becomes a charitable trust,—
a: subsection (1) ceases to apply; and
b: the trust may continue indefinitely under section 16(6)(a)
3: For the purposes of this section,—
a: a trust is a relevant trust
i: a resulting parcel of land is transferred to the trustees of that trust as part of the subdivision and transfer of a relevant Reserve in accordance with section 25
ii: it is not a charitable trust; and
b: relevant trustees Section 33 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 33(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 33(2)(b) replaced 30 January 2021 section 161 Trusts Act 2019
34: Election of first transferees to become Māori authorities
For the purposes of the Income Tax Act 2007
a: the first transferee of each resulting parcel of land is deemed to be a company falling within section HF 2(2)
b: accordingly, each first transferee is deemed to be eligible under that section to make an election under section HF 11