Oranga Tamariki Legislation Act 2019

1: Title
This Act is the Oranga Tamariki Legislation Act 2019.
2: Commencement
1: Sections 4 6 to 14 47 sections 113(6) 115 116 144
2: The rest of this Act comes into force on 1 July 2019.
1: Amendments to Oranga Tamariki Act 1989
3: Amendments to Oranga Tamariki Act 1989
This Part amends the Oranga Tamariki Act 1989 2019-07-01 Oranga Tamariki Act 1989 See commencement section 2(1) for order of history notes for sections 4 and 6 to 14.
4: Section 2 amended (Interpretation)
In section 2(1) non-Schedule 1A offence related charge section 276AA(4) Schedule 1A offence
5: New section 214B inserted (Arrest of person aged 17 years released on bail by District Court or High Court)
After section 214A
214B: Arrest of person aged 17 years released on bail by District Court or High Court
1: This section applies to a person aged 17 years if—
a: the person is a defendant who—
i: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
ii: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
b: any of the circumstances set out in section 35(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person.
2: This section also applies to a person aged 17 years if—
a: the person is a defendant who—
i: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
ii: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
b: any of the circumstances set out in section 36(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person.
3: Nothing in section 214 or 214A applies to the arrest of the person aged 17 years without warrant under section 35(1) or 36(1) of the Bail Act 2000.
4: For the purposes of this section, unless the context otherwise requires,— court drug dealing offence Registrar
6: Section 247 amended (Youth justice co-ordinator to convene family group conference)
In section 247(c) section 238(1)(d) or (e) section 238(1)(d), (e), or (f)
7: New section 247A inserted (Family group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence)
After section 247
247A: Family group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence
1: Section 245 does not apply if—
a: a young person aged 17 years is charged with a Schedule 1A offence; and
b: an enforcement officer intends to commence criminal proceedings against the young person for a non-Schedule 1A offence; and
c: the prosecutor intends to seek a determination from the Youth Court under section 276AA(2)
2: If the prosecutor seeks a determination from the Youth Court under section 276AA(2)
a: determines under section 276AA(4)
b: orders that the charge remain and be dealt with in the Youth Court under section 276AC(2)
3: Subsection (4) applies if—
a: a young person aged 17 years is charged with a Schedule 1A offence; and
b: a family group conference has been convened under section 247(b), (c), or (d) in respect of a non-Schedule 1A offence that is alleged to have been committed by the young person; and
c: either—
i: an enforcement officer intends to commence criminal proceedings for the non-Schedule 1A offence; or
ii: the young person is charged with the non-Schedule 1A offence; and
d: the prosecutor seeks, or intends to seek (in the circumstances of paragraph (c)(i)), a determination from the Youth Court under section 276AA(2)
4: If this subsection applies, the family group conference must be—
a: suspended unless and until the Youth Court—
i: determines under section 276AA(4)
ii: orders that the charge remain and be dealt with in the Youth Court under section 276AC(2)
b: discontinued if the Youth Court transfers the related charge to the District Court or the High Court under section 276AB(1)
8: Section 249 amended (Time limits for convening of family group conferences)
1: In section 249(3) section 238(1)(d) or (e) section 238(1)(d), (e), or (f)
2: In section 249(4)(a) section 238(1)(d) or (e) section 238(1)(d), (e), or (f)
3: After section 249(6)
7: Subsection (6) is subject to section 247A(4)
9: Section 272 amended (Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences)
1: In section 272(4A)(a) sections 275 and 276A sections 275, 276AA 276AC
2: After section 272(5)
6: Subsection (3)(baa) is subject to section 277.
10: Section 273 amended (Manner of dealing with offences (other than murder or manslaughter))
In section 273(2)(c) section 277 section 276AB(1)
11: Section 275 amended (Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held)
After section 275(2)
2A: However, if a young person aged 17 years charged with a Schedule 1A offence is jointly charged with a child or young person (other than a young person aged 17 years charged with a Schedule 1A offence), the proceeding must not be transferred to the District Court or the High Court unless—
a: 1 or more defendants elect jury trial and the co-defendants are to be tried together, in which case the proceeding must be transferred only after an adjournment for trial callover in accordance with subsection (2)(a); or
b: the defendants are to be tried separately, in which case the proceeding against the young person aged 17 years charged with a Schedule 1A offence must be transferred immediately following the determination that the defendants are to be tried separately, but after that young person’s first appearance, in accordance with subsection (2)(aa) or (ab); or
c: 1 or more co-defendants are charged with murder or manslaughter, in which case subsection (2)(b) applies.
12: New sections 276AA to 276AC inserted
Before section 276A
276AA: Youth Court determination whether charge related to charge for Schedule 1A offence
1: This section applies to a young person aged 17 years who is charged with a Schedule 1A offence and a non-Schedule 1A offence.
2: The prosecutor may seek a determination from the Youth Court that the charge for the non-Schedule 1A offence is related to the charge for the Schedule 1A offence.
3: If the prosecutor intends to seek a determination, the prosecutor must do so as soon as practicable after the later of the charges is filed.
4: If the prosecutor seeks a determination under subsection (2), the Youth Court must determine the matter.
5: In making a determination, the court may take into consideration—
a: any agreement of the parties:
b: written or oral submissions of the parties.
6: For the purpose of this section,—
a: a charge ( B A
b: a series of incidents is determined by—
i: the time at which they occurred:
ii: the overall nature of the alleged offending:
iii: any other relationship between the alleged offending that the court considers relevant.
276AB: Transfer of related charge to District Court or High Court
1: If the Youth Court determines under section 276AA(4)
2: A reference in the Criminal Procedure Act 2011 to a charge being heard together with another charge under section 138 of that Act includes a related charge that is transferred.
3: Section 138(1) to (3) of the Criminal Procedure Act 2011 does not apply to the hearing of a charge for a Schedule 1A offence together with a charge for a non-Schedule 1A offence.
4: Subsection (1) is subject to sections 276AC
276AC: Hearing of related charge when guilty plea to charge for Schedule 1A offence
1: This section applies to a charge for a non-Schedule 1A offence that the Youth Court has determined under section 276AA(4)
2: If the young person aged 17 years pleads guilty to the charge for the Schedule 1A offence, the related charge must be dealt with in the District Court or the High Court unless a court orders that it is in the interests of justice that the related charge be dealt with in the Youth Court.
3: An order under subsection (2) may be made—
a: by the Youth Court before the related charge is transferred to the District Court or the High Court; or
b: by the District Court or the High Court if the related charge has been transferred to either court.
13: Section 276A amended (Transfer of proceeding back to Youth Court)
1: In section 276A(1) section 275 section 275 or 276AB(1)
2: After section 276A(2)
3: The transfer of the proceeding may occur at any time before sentencing.
4: For the purpose of subsection (1)(a), in relation to a proceeding for a related charge that is joined to a proceeding under section 276AB(1)
a: the young person has been found not guilty of the Schedule 1A offence in the District Court or the High Court; or
b: the charge for the Schedule 1A offence is to be heard separately under section 138(4) of the Criminal Procedure Act 2011, is withdrawn under section 146 of that Act, or is dismissed under section 147 of that Act; or
c: the District Court or the High Court has made an order under section 276AC(2)
5: For the purposes of sections 283, 293A, 294, 297, 298, 307, 308A, 311, and 334, a proceeding that is transferred back following a guilty plea or finding of guilt is to be treated as if the charge were proved before the Youth Court.
6: Although subsection (5) does not apply to section 281, the Youth Court may direct that a family group conference be convened under section 281B.
14: Section 277 amended (Provisions applicable where child, young person, or adult jointly charged)
After section 277(11)
12: For the purpose of this section,— adult young person
15: Section 376 amended (Court may authorise continued detention in secure care)
In section 376(5) section 173(2), 174(1), or 175(2) section 173(2), 174(1), or 175(1A) or (2)
16: Schedule 1AA amended
1: In Schedule 1AA
1: For the purpose of this clause,— commencement date criminal proceedings
a: means a proceeding that has been commenced by—
i: the filing of a charging document; or
ii: the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and
b: includes an appeal against conviction or sentence.
2: In Schedule 1AA
3: This clause is subject to clause 23
3: In Schedule 1AA only if the offending occurred or is alleged to have occurred on or after the commencement date if the offending occurred or is alleged to have occurred before, on, or after the commencement date
4: In Schedule 1AA Schedule 1
2: Amendments to other enactments
1: Amendments to Bail Act 2000
17: Amendments to Bail Act 2000
This subpart amends the Bail Act 2000 2019-07-01 Bail Act 2000
18: Section 9A amended (Restriction on bail if defendant charged with murder)
Replace section 9A(1)
1: This section applies to a defendant who is charged with murder under section 167 or 168 of the Crimes Act 1961 and who is—
a: of or over the age of 18 years; or
b: aged 17 years and charged with the offence in the High Court.
19: Section 10 amended (Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence)
1: In section 10(1) 17 18
2: After section 10(1)
1A: This section also applies to a defendant aged 17 years who is charged in the District Court or the High Court with a specified offence and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).
20: Section 11 amended (Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence)
1: In section 11 17 18
2: In section 11
2: No defendant aged 17 years who is found guilty of, or pleads guilty to, a specified offence in the District Court or the High Court and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences) may, while waiting to be sentenced or otherwise dealt with for the first-mentioned specified offence, be granted bail or allowed to go at large.
21: Section 12 amended (Further restriction on bail in certain cases)
1: In section 12(1)(a) and (b) 17 18
2: After section 12(1)
1A: This section also applies to a defendant if—
a: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and
ii: at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial in the District Court or the High Court for another offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and
iii: has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); or
b: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence that carries a maximum sentence of 3 or more years’ imprisonment; and
ii: has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); and
iii: has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years’ imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment referred to in subparagraph (ii)).
3: In section 12(2) subsection (1) subsections (1) and (1A)
22: Section 15 amended (Granting of bail to defendant who is 17 years of age)
1: In the heading to section 15 17 years of age 18 years of age or younger
2: In section 15(1)(a) 17 18
3: After section 15(2)
2A: A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—
a: the defendant is 17 years old; and
b: the defendant is charged with, or convicted of, any offence in the District Court or the High Court; and
c: the defendant has not previously been sentenced to imprisonment.
2B: Subsection (2A) is subject to—
a: sections 7 (except subsection (5)), 9 to 12, and 16 to 17A; and
b: section 175 of the Criminal Procedure Act 2011.
23: Section 17A amended (Restriction on bail if defendant charged with serious Class A drug offence)
Replace section 17A(1)
1: This section applies to a defendant who is charged with a serious Class A drug offence and who is—
a: of or over the age of 18 years; or
b: aged 17 years and is charged with the offence in the District Court or the High Court.
24: Section 34A amended (Surrender of defendant on bail with EM condition)
1: In section 34A(3) 17 18
2: After section 34A(3)
4: However, subsection (3) does not apply to a defendant aged 17 years who—
a: is charged with, or convicted of, any offence in the District Court or the High Court; and
b: is on bail with an EM condition for the offence or the alleged offence.
25: Section 35 amended (Defendant on bail may be arrested without warrant in certain circumstances)
After section 35(6)
7: Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—
a: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
c: is arrested without warrant under subsection (1).
26: Section 36 amended (Arrest of defendant charged with drug dealing offence)
After section 36(7)
8: Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—
a: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
c: is arrested without warrant under subsection (1).
27: Schedule 1AA amended
1: In Schedule 1AA this schedule this Part
2: In Schedule 1AA Part 2 Schedule 2
2: Amendments to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
28: Amendments to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
This subpart amends the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 2019-07-01 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
29: Section 41 amended (Section 66 replaced (Government departments may be required to supply information))
In section 41 If an authorised child welfare and protection agency or an authorised independent person proposes to disclose information under section 66C or 66H, If a child welfare and protection agency or an independent person proposes to disclose information under section 66C, or an authorised child welfare and protection agency or an authorised independent person proposes to disclose information under section 66H,
30: Section 50 amended (Section 78 amended (Custody of child or young person pending determination of proceedings))
1: In section 50(3) or a lawyer representing the child or young person, or on its own motion
2: In section 50(6) cancelled by the court on application by the applicant or a lawyer representing the child or young person or on its own motion under subsection (1A) discharged by the court on application under section 125
31: Section 56 replaced (Section 87 amended (Restraining orders))
Replace section 56
56: Section 87 amended (Restraining orders)
In section 87(1), replace Where the court makes a declaration under section 67 in relation to a child or young person, it may, on or at any time after making that declaration, If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, it may
32: Section 57 amended (Section 88 amended (Interim restraining orders))
1: In section 57(2) or a lawyer representing the child or young person, or on its own motion
2: In section 57(2) cancelled by the court, on application by the applicant or a lawyer representing the child or young person or on its own motion under subsection (2) discharged by the court on application under section 125
33: Section 65 amended (New section 110AA inserted (Interim guardianship orders))
1: In section 65 or a lawyer representing the child or young person, or on its own motion
2: In section 65 cancelled by the court, on application by the applicant or a lawyer representing the child or young person or on its own motion under subsection (5) discharged by the court on application under section 125
34: Section 79 amended (Section 145 amended (Agreement not to be made without approval of family group conference))
1: Replace section 79(6)
6: In section 145(2)(a), (b), and (c), delete , 141(2), or 142(2)
2: Repeal section 79(7)
35: Section 143 amended (Section 175 amended (Remand of defendants aged 17 to 20 years))
1: In section 143 if the person is aged 17 years if the person is aged 17 years and is charged with, or convicted of, any offence in the District Court or the High Court
2: Replace section 143(2)
2: In section 175(2), replace Despite section 15 of the Bail Act 2000, Despite section 15 of the Bail Act 2000, if the person appears to the court to be aged 18 or 19 years,
3: Amendment to Children’s Commissioner Act 2003
36: Amendment to Children’s Commissioner Act 2003
This subpart amends the Children’s Commissioner Act 2003 2019-07-01 Children’s Commissioner Act 2003
37: Section 11 amended (Matters to which Commissioner must have regard in exercising functions or powers)
In section 11(d) sections 5 and 6 sections 4A and 5
4: Amendments to Criminal Investigations (Bodily Samples) Act 1995
38: Amendments to Criminal Investigations (Bodily Samples) Act 1995
This subpart amends the Criminal Investigations (Bodily Samples) Act 1995 1995 Act 2019-07-01 Criminal Investigations (Bodily Samples) Act 1995
39: Section 2 amended (Interpretation)
In section 2(1) young person 17 18
40: New section 2B inserted (Transitional, savings, and related provisions)
After section 2A
2B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
41: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 3
42: Schedule heading amended
Replace the Schedule heading with:
1: s 2 Relevant offences
43: Further amendments to Criminal Investigations (Bodily Samples) Act 1995
1: In the provisions of the 1995 Act set out in Part 1 of Schedule 4 17 18
2: In the provisions of the 1995 Act set out in Part 2 of Schedule 4 Schedule Schedule 1
3: In the provisions of the 1995 Act set out in Part 3 of Schedule 4 the Schedule Schedule 1
4: Amend the 1995 Act as set out in Part 4 of Schedule 4
5: Amendments to Criminal Procedure Act 2011
44: Amendments to Criminal Procedure Act 2011
This subpart amends the Criminal Procedure Act 2011 2019-07-01 Criminal Procedure Act 2011 See commencement section 2(1) for order of history note for section 47.
45: New section 7A inserted (Transitional, savings, and related provisions)
After section 7
7A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
46: Section 174 amended (Remand of defendant under 17 years for assessment report)
In section 174(1)(b) 172 or 175
47: Section 380A amended (Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances)
In section 380A section 275 section 275 or 276AB(1)
48: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 5
6: Amendments to Prisoners’ and Victims’ Claims Act 2005
49: Amendments to Prisoners’ and Victims’ Claims Act 2005
This subpart amends the Prisoners’ and Victims’ Claims Act 2005 2019-07-01 Prisoners’ and Victims’ Claims Act 2005
50: Section 4 amended (Interpretation)
1: In section 4 child boy or girl person
2: In section 4 young person young person
7: Amendment to Returning Offenders (Management and Information) Act 2015
51: Amendment to Returning Offenders (Management and Information) Act 2015
This subpart amends the Returning Offenders (Management and Information) Act 2015 2019-07-01 Returning Offenders (Management and Information) Act 2015
52: Schedule 1 amended
In Schedule 1, after Part 2 Schedule 6
8: Amendments to Sentencing Act 2002
53: Amendments to Sentencing Act 2002
This subpart amends the Sentencing Act 2002 2019-07-01 Sentencing Act 2002
54: Section 15B amended (Limitation on sentence of home detention for person under 17 years)
1: In the heading to section 15B 17 18
2: In section 15B(1) 17 18
55: Section 18 amended (Limitation on imprisonment of person under 17 years)
1: In the heading to section 18 17 18
2: In section 18(1) 17 18
56: Schedule 1AA amended
In Schedule 1AA Schedule 7
9: Amendments to Victims’ Orders Against Violent Offenders Act 2014
57: Amendments to Victims’ Orders Against Violent Offenders Act 2014
This subpart amends the Victims’ Orders Against Violent Offenders Act 2014 2019-07-01 Victims’ Orders Against Violent Offenders Act 2014
58: Section 4 amended (Interpretation)
1: In section 4 child boy or girl person
2: In section 4 young person young person
10: Amendments to Victims’ Rights Act 2002
59: Amendments to Victims’ Rights Act 2002
This subpart amends the Victims’ Rights Act 2002 2019-07-01 Victims’ Rights Act 2002
60: Section 4 amended (Interpretation)
1: In section 4 child boy or girl person
2: In section 4 young person young person
11: Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
61: Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
This subpart amends the Criminal Investigations (Bodily Samples) Regulations 2004 2004 regulations 2019-07-01 Criminal Investigations (Bodily Samples) Regulations 2004
62: Various references to
17 In the provisions of the 2004 regulations set out in Part 1 of Schedule 8 17 18
63: Various references to
declaration Amend the 2004 regulations as set out in Part 2 of Schedule 8
64: Various references to
Schedule
1: In the provisions of the 2004 regulations set out in Part 3 of Schedule 8 the Schedule Schedule 1
2: In the heading to form 5B Schedule Schedule 1


Veterans' Support Amendment Act 2019

1: Title
This Act is the Veterans’ Support Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Veterans’ Support Act 2014 principal Act 2019-06-25 Veterans’ Support Act 2014
4: Section 9 amended (Declarations that deployments are operational service)
After section 9(5)
5A: The power under subsection (3) includes the power to make a declaration in respect of a deployment that has ceased, whether the deployment began before or after the commencement of this Act.
5B: In relation to any declaration referred to in subsection (5A),—
a: the reports referred to in subsections (1) and (2) may be provided at any time; and
b: subsection (3) applies with any necessary modifications; and
c: subsections (4) and (5) do not apply.
5C: The Minister may, by notice in the Gazette
5D: Subsection (5E) applies in respect of a declaration (a replacement declaration
a: is in respect of a deployment that has ceased; and
b: the Minister is satisfied replaces another declaration under this section or a decision under section 70A or 80A of the War Pensions Act 1954 (the earlier declaration or decision
5E: Before making a replacement declaration, the Minister must be satisfied that support to which any particular person would, at any time (whenever arising), have been entitled under the Act as a result of the earlier declaration or decision will not be reduced as a result of the making of the replacement declaration.
5: Validation of declarations made in respect of certain deployments
No declaration made under section 9(3)
a: it is in respect of a deployment that began before the commencement of the principal Act:
b: it is in respect of a deployment that had, when the declaration was made, ceased:
c: a report referred to in section 9(1) or (2) was provided to the Minister in relation to the declaration after the deployment had ceased.


Racing Reform Act 2019

1: Title
This Act is the Racing Reform Act 2019.
2: Commencement
1: The following provisions come into force on 1 July 2019:
a: Part 1
b: sections 26 27(1) 28(1) and (4) 29
2: Section 28(2)
3: Section 28(3)
4: Sections 27(2) 30 to 32
1: Amendments to Racing Act 2003
3: Principal Act
This Part amends the Racing Act 2003 principal Act 2019-07-01 Racing Act 2003 see section 2(1)(a): Part 1 Amendments to Part 1 (preliminary provisions)
4: Section 4 amended (Outline)
1: Replace section 4(3)
3: Part 2 continues the New Zealand Racing Board and renames it the Racing Industry Transition Agency.
2: After section 4(7)
7A: Part 6AA
3: Repeal section 4(9)
5: Section 5 amended (Interpretation)
1: In section 5(1) Board Board member Board operator Board venue
2: In section 5(1) Agency section 7 Agency member Agency operator Agency venue New Zealand national sporting organisation transition period 30 June 2020 section 68A
3: In section 5(1) sporting event sporting event
a: a New Zealand national sporting organisation administers the sport concerned in New Zealand:
b: there is a New Zealand national sporting organisation under whose auspices or control the event is conducted (or, in the case of an event held outside New Zealand, under whose auspices or control the event would be conducted if it were held in New Zealand):
c: there is an agreement in accordance with section 55A(2) and (3)
6: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Amendments to Part 2 (New Zealand Racing Board)
7: Part 2 heading replaced
Replace the Part 2
2: Racing Industry Transition Agency
8: Section 7 replaced (Establishment of Board)
Replace section 7
7: Continuation and renaming of Board
1: The body called the New Zealand Racing Board—
a: is continued; and
b: is renamed the Racing Industry Transition Agency (the Agency
2: The Agency—
a: is a body corporate; and
b: is a legal entity separate from its members, office holders, and employees, and the Crown.
3: The Agency has, both within and outside New Zealand,—
a: full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a)
4: Subsection (3)
9: Section 8 amended (Objectives of Board)
1: In the heading to section 8 Board Agency
2: In section 8 Board Agency
3: Before section 8(a)
aa: to reform New Zealand racing in a manner that supports effective governance and improves industry sustainability; and
10: Section 9 amended (Functions of Board)
1: In the heading to section 9 Board Agency
2: In section 9(1) Board Agency
3: Before section 9(1)(a)
aa: to lead and manage the reform of New Zealand racing during the transition period, including (without limitation) by—
i: implementing a fit-for-purpose organisational structure for the governance of the racing industry:
ii: preparing for the transfer of the Agency’s functions to the racing codes and its successor organisation:
iii: supporting sustainability of the racing industry by undertaking initiatives to ensure efficiency and drive revenue growth:
iv: carrying out any other things necessary or desirable to promote the objective of reforming New Zealand racing:
4: In section 9(1)(d) sections 16 and 17 regulations made under section 16
5: In section 9(2) Board Agency
11: Section 11 replaced (Membership of governing body)
Replace section 11
11: Membership of governing body
1: The governing body may consist of up to 7 members appointed by the Minister.
2: An appointment must be made by written notice to the person concerned.
3: The Minister must appoint a chairperson from among the members.
4: In appointing members, the Minister must have regard to the need for the governing body to have available to it, collectively, from its members,—
a: knowledge of, or experience in, the racing industry and sport administration at a national level; and
b: expertise in organisational change and governance, including relevant commercial or legal expertise to manage organisational change; and
c: expertise in business, marketing, or economics.
5: The Minister must notify an appointment in the Gazette
6: An appointed person holds office during the transition period and, if a vacancy occurs during that period, an appointment may be made by the Minister to fill that vacancy for the remainder of the period.
12: Section 12 repealed (Nomination advisory panel)
Repeal section 12
13: Sections 16 and 17 replaced
Replace sections 16 17
16: Regulations for amounts of distribution to codes
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the method to be used for determining the amounts that may be distributed by the Agency to the racing codes from any surpluses referred to in section 53(2) or 57(2) or any other source, whether capital or income.
2: For the purposes of subsection (1)
17: Distribution to codes
1: The Agency may, during or after a racing year, pay to the racing codes the amount determined in accordance with regulations made under section 16
2: The Agency may withhold all or any part of an amount to be distributed to a code if it has not yet approved the code’s statement of intent and business plan under section 23.
17A: Regulations relating to distribution from betting profits
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the method to be used for determining the amounts that may be—
a: distributed by the Agency from its betting profits to—
i: the racing codes; and
ii: Sport and Recreation New Zealand; and
b: retained by the Agency from its betting profits for the purpose of carrying out its duties in relation to harm prevention and minimisation in relation to racing betting and sports betting.
2: However, regulations made under subsection (1)(a)
a: for the period beginning on 1 July 2019 30 June 2020
b: for the period beginning on 1 July 2020 30 June 2021
c: for any period on or after 1 July 2021
3: In this section, betting profits p = a – b – c where— p is betting profits a is the total of all amounts received by the Agency or its agents (including the net return from bets laid off) for—
i: totalisator racing betting (other than equalisator betting conducted under section 51):
ii: sports betting:
iii: fixed-odds racing betting b is the amount of refunds paid c is the amount of all winning dividends paid out in respect of amounts described above.
4: Before making a recommendation under subsection (1)
14: Section 24 amended (Restriction on use of certain names)
1: In section 24(1) the Board the Agency
2: After section 24(1)(a)
aa: Racing Industry Transition Agency
3: Replace section 24(4)
4: Subsection (1)(a), (aa) Amendments to Part 6 (betting)
15: Section 50 amended (Board may conduct betting)
1: In the heading to section 50 Board Agency
2: In section 50 Board Agency
3: In section 50(b) except as provided in section 55,
16: Section 53 amended (Application of revenue from racing betting)
1: In section 53(1) Board Agency
2: After section 53(1)(c)
ca: the distribution of betting profits (if any) in accordance with section 17A
3: In section 53(2) Board Agency
17: Section 54 amended (Board may make rules relating to sports betting)
1: In the heading to section 54 Board Agency
2: In section 54(1) and (2) Board Agency
3: After section 54(2)(b)
ba: may declare sporting events to be, or not to be, New Zealand sporting events for the purposes of Part 6AA
4: After section 54(2)
3: The Agency must consult Sport and Recreation New Zealand before exercising its powers under this section to make rules declaring sporting events to be, or not to be, New Zealand sporting events for the purposes of Part 6AA
4: The Agency must publish the notice making, altering, or revoking the rules referred to in subsection (3)
18: Section 55 amended (Agreements with national sporting organisations)
Repeal section 55(3)
19: New section 55A inserted (Agreements with Sport and Recreation New Zealand)
After section 55
55A: Agreements with Sport and Recreation New Zealand
1: This section applies if, in relation to a sport involving human competitors participating in lawful organised games, competitions, or other events held in or outside New Zealand, there is no appropriate New Zealand national sporting organisation—
a: that administers the sport in New Zealand; or
b: under whose auspices or control the events held in New Zealand are conducted (or, in the case of events held outside New Zealand, would be conducted if they were held in New Zealand).
2: Despite section 55(1), the Agency may conduct sports betting on any event held in relation to the sport concerned if it has entered into a sports betting agreement with Sport and Recreation New Zealand that complies with subsection (3)
3: A sports betting agreement must be on the terms and conditions agreed between the parties, including (without limitation) as to payment to Sport and Recreation New Zealand, under section 57(1)(da)
20: Section 57 amended (Application of revenue from sports betting)
1: In section 57(1) Board Agency
2: Replace section 57(1)(d)
d: the distribution of betting profits (if any) in accordance with section 17A
da: the amounts (not less than the minimum amounts prescribed by, or calculated in accordance with, the method prescribed in regulations under section 68A 55A
3: In section 57(2) Board Agency New Part 6AA
21: New Part 6AA inserted
After section 65
6AA: Offshore betting charges
65AA: Purpose and overview of this Part
1: The purpose of this Part is to provide a framework under which offshore betting operators must pay charges in New Zealand in respect of their betting operations involving this country. These charges are to recognise the financial returns that offshore betting operators enjoy from bets that they take on racing and sporting events held in New Zealand and from bets that they take from people located in New Zealand.
2: To that end, this Part—
a: establishes a scheme for betting information use charges that requires offshore betting operators to—
i: obtain permission from the designated authority in New Zealand before using New Zealand racing and sporting information for taking bets on racing events and sporting events taking place in New Zealand; and
ii: enter into an agreement with that authority setting out the terms and conditions on which the authority’s permission is granted, including the offshore betting operator’s agreement to pay charges for using that information in the operator’s betting operations:
b: establishes a scheme for consumption charges that requires offshore betting operators to pay charges in respect of bets that they take on racing events and sporting events from persons located in New Zealand, whether those events are held in or outside New Zealand:
c: provides for the designated authority (or its delegate) to implement each scheme, including collecting the charges and applying the money received from the charges to purposes relating to racing and sport in New Zealand.
3: Subsection (2)
65AB: Territorial scope
This Part and any regulations made under it apply to an offshore betting operator regardless of where that offshore betting operator is resident or incorporated.
65AC: Interpretation
In this Part, unless the context otherwise requires,— betting information use agreement section 65AF(1)(b) betting information use charges section 65AG(1)(a) consumption charges section 65AJ Department designated authority section 65AE New Zealand racing and sporting information New Zealand racing event New Zealand sporting event
a: held in New Zealand; and
b: declared by rules made under section 54(2)(ba)
c: to which one of the following applies:
i: the event is held under the auspices or control of a New Zealand national sporting organisation:
ii: there is a sports betting agreement entered into under section 55A offshore betting charges charges offshore betting operator
a: takes bets on New Zealand racing events or New Zealand sporting events (whether from persons located in or outside New Zealand); or
b: takes bets on racing and sporting events from persons located in New Zealand (whether the events are held in or outside New Zealand) scheme for betting information use charges section 65AA(2)(a) scheme for consumption charges section 65AA(2)(b) Designated authority
65AD: Designated authority for each scheme
1: The Department is the designated authority for the scheme for betting information use charges and the scheme for consumption charges.
2: The function of the designated authority for each scheme is to implement the scheme, including enforcing payment of the offshore betting charges and distributing the money collected from the charges, in accordance with this Part.
3: The designated authority has the powers specified in, or prescribed under, this Part.
65AE: Delegation
1: The Department may delegate in writing any of its functions or powers as the designated authority to another entity.
2: The Department’s power to delegate under this section may be exercised in respect of the scheme for betting information use charges or the scheme for consumption charges, or both or any part of those schemes.
3: The entities to which the Department may delegate its functions and powers include (without limitation) the Agency, 1 or more racing codes, a Crown entity as defined in section 7 of the Crown Entities Act 2004, or another department.
4: The Department must, when deciding whether to exercise its power of delegation under this section in favour of another entity, take into account whether the entity has the knowledge of offshore betting operators, and existing relationships with those operators, that is necessary to perform the functions and exercise the powers that the Department proposes to delegate.
5: A delegation under this section must not include—
a: the power to delegate under this section:
b: the power to review a decision to issue a penalty notice under section 65AS(4)(b) Betting information use charges
65AF: Requirements on offshore betting operators before using New Zealand racing and sporting information
1: Every offshore betting operator must, before using New Zealand racing and sporting information in the conduct of the operator’s betting operations,—
a: obtain permission from the designated authority; and
b: enter into a betting information use agreement that complies with section 65AG
2: The designated authority must not unreasonably withhold permission under subsection (1)
3: Subsection (1) section 65AQ
65AG: Terms and conditions of betting information use agreement
1: The terms and conditions of a betting information use agreement must—
a: require the offshore betting operator to pay betting information use charges to the designated authority for the operator’s use of New Zealand racing and sporting information; and
b: require the offshore betting operator to provide prescribed information, in the prescribed manner, to the designated authority for the purpose of enabling the authority to monitor the amounts due as betting information use charges; and
c: provide that the betting information use charges payable under the agreement are recoverable as a debt due to the designated authority under the agreement; and
d: provide that the law applicable to the agreement is New Zealand law; and
e: provide for a dispute resolution process that the parties agree to submit to if they have a dispute relating to the agreement; and
f: provide that the courts of New Zealand are the courts with jurisdiction to hear and determine any proceedings relating to the agreement if the parties are unable to resolve a dispute through the dispute resolution process; and
g: provide that the offshore betting operator submits to the jurisdiction of the courts of New Zealand for the purposes of any proceedings referred to in paragraph (f)
h: provide for any additional matters that may be prescribed.
2: In addition, the terms and conditions of a betting information use agreement may—
a: require the offshore betting operator to comply with any applicable integrity policy developed by the designated authority; and
b: require the offshore betting operator to enter into an information sharing protocol with the designated authority.
65AH: Minister must set rates of betting information use charges
1: The Minister must set the rates of the betting information use charges that offshore betting operators must pay—
a: in accordance with section 65AM
b: in the prescribed manner.
2: The Minister may set the rates by way of specified figures or methods of calculation.
65AI: Power to enforce betting information use agreement
The designated authority may issue and conduct proceedings for—
a: determining any dispute relating to a betting information use agreement in accordance with the terms of agreement referred to in section 65AG(1)(f)
b: enforcing any provisions of a betting information use agreement that do not fall within the power of the designated authority to issue proceedings under section 65AU Consumption charges
65AJ: Requirement to pay consumption charges
Every offshore betting operator must pay consumption charges to the designated authority in respect of bets that it takes on racing and sporting events, held in or outside New Zealand, from persons with a registered address in New Zealand.
65AK: Minister must set rates of consumption charges
1: The Minister must set the rates of the consumption charges that offshore betting operators must pay—
a: in accordance with section 65AM
b: in the prescribed manner.
2: The Minister may set the rates by way of specified figures or methods of calculation.
65AL: Information to be provided relating to consumption charges
1: An offshore betting operator who is required to pay consumption charges must provide the prescribed information to the designated authority for the purpose of enabling the authority to monitor the amounts due as consumption charges.
2: The information must be provided in the prescribed manner. General provisions relating to charges
65AM: Further provisions relating to setting rates of charges
1: Before setting rates of betting information use charges under section 65AH section 65AK
a: the proposed rates of charges jointly prepared by the Agency and the racing codes after consultation with Sport and Recreation New Zealand and relevant New Zealand national sporting organisations; and
b: the Agency’s revenue from racing betting and sports betting in the previous racing year; and
c: the total amount of distributions made by the Agency to the racing codes under section 17
d: the amount of taxation or duties paid by the Agency and offshore betting operators in New Zealand in that period.
2: After setting rates of betting information use charges or consumption charges, the Minister must publish a statement of reasons on an Internet site maintained by or on behalf of the designated authority that explains how the rates were set and why the rates are considered to be fair and reasonable.
65AN: Review of rates
1: The Minister—
a: must, at least once every 5 years, review the rates of betting information use charges set under section 65AH section 65AK
b: may, if necessary, adjust those rates.
2: Any adjustment must be made in the prescribed manner.
3: Before adjusting any rate, the Minister must consult the Agency, offshore betting operators, the racing codes, and appropriate New Zealand national sporting organisations.
65AO: Certain offshore betting operators not liable for charges
1: An offshore betting operator is not liable to pay offshore betting charges in respect of a financial year if the operator’s revenue from an activity specified in subsection (2)
2: The activities are—
a: taking bets on New Zealand racing and New Zealand sporting events (whether from persons who have a registered address in New Zealand or are outside New Zealand); and
b: taking bets on racing and sporting events from persons located in New Zealand (whether the events are held in or outside New Zealand).
65AP: Application of money received from offshore betting charges
1: The designated authority must apply the money received from offshore betting charges for the following purposes:
a: paying the cost of administering the enforcement and collection of the betting information use charges, consumption charges, and penalties:
b: promoting the long-term viability of New Zealand racing and sport:
c: funding measures to prevent and minimise harm from gambling.
2: The designated authority must apply the money received from offshore betting charges to any 1 or more of the persons specified in, and in the amount specified in, regulations made under section 65AX Exemptions
65AQ: Minister may grant exemptions
1: The Minister may, by notice in writing, exempt an offshore betting operator or a class of offshore betting operators from the need to comply with any 1 or more of the following:
a: the requirement under section 65AF(1)(a)
b: the requirement under section 65AF(1)(b)
c: the requirement under a betting information use agreement to pay betting information use charges:
d: the requirement under section 65AJ
2: In deciding whether to grant an exemption, the Minister must—
a: have regard to the purpose of this Act set out in section 3 and the purpose of this Part set out in section 65AA
b: for an exemption under subsection (1)(b)
i: the designated authority (or, as applicable, the Agency, a racing code, appropriate New Zealand national sporting organisation, or Sport and Recreation New Zealand) and the offshore betting operator are parties to an agreement negotiated outside the framework provided for in this Part; and
ii: under the terms of that agreement, the designated authority (or any other applicable body referred to in subparagraph (i)
c: be satisfied that the exemption will not unduly negatively affect, or be detrimental to, the long-term viability of New Zealand racing and sport.
3: Before granting an exemption under this section, the Minister must—
a: consult the Agency and take its advice into account; and
b: consult any of the following affected by the exemption:
i: the relevant racing code or codes:
ii: Sport and Recreation New Zealand:
iii: the appropriate New Zealand national sporting organisation or organisations.
4: The Minister may—
a: grant the exemption on any terms and conditions the Minister thinks fit:
b: amend or revoke the exemption:
c: replace an exemption either before or when it expires.
5: An exemption granted under this section—
a: takes effect on and from the date on which it is notified in the Gazette
b: expires on the date specified in the notice.
65AR: Status and publication of exemption notices
1: For the purposes of the Legislation Act 2012, an exemption granted under section 65AQ
a: is not a legislative instrument; but
b: is a disallowable instrument and must be presented to the House of Representatives under section 41 of that Act.
2: As soon as practicable after it is granted, an exemption must be—
a: published on an Internet site maintained by or on behalf of the Department; and
b: notified in the Gazette
3: The Minister’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (2)(a)
4: However, the Minister may, if satisfied that an exemption contains or refers to information that may reasonably be regarded as confidential or commercially sensitive, authorise the designated authority to redact that information from text of the exemption published in accordance with subsection (2)(a) Penalties
65AS: Penalties
1: The designated authority may issue a penalty notice to an offshore betting operator if it is satisfied that the operator has—
a: failed to pay an amount of a betting information use charge or a consumption charge on or before the date on which the charge was due and payable under the regulations; or
b: provided false or misleading information to the designated authority for the purpose of calculating the amount of a charge that the operator is required to pay.
2: The penalty notice may require the offshore betting operator to—
a: pay to the designated authority as a penalty, and in addition to the amount of outstanding charges, the amount referred to in subsection (3)
b: pay the penalty amount by the date specified in the notice.
3: The penalty amount stated in the notice must be the amount specified in, or the amount calculated in accordance with, regulations made under section 65AX
4: An offshore betting operator who is issued with a penalty notice under this section—
a: must pay the penalty:
b: may request the designated authority to review the decision to issue the notice.
5: A penalty notice under this section must be in the prescribed form (if any) and issued in the prescribed manner.
65AT: Maximum amount of penalties
The amount payable as a penalty under regulations made under section 65AX
a: NZ$20,000, for an offshore betting operator who is an individual:
b: NZ$50,000, for an offshore betting operator that is a body corporate.
65AU: Recovery of outstanding charges and penalties
1: Outstanding offshore betting charges and penalties payable by an offshore betting operator constitute a debt due to the designated authority, and the designated authority may issue legal proceedings for recovery of the debt from the offshore betting operator.
2: The applicable law in respect of recovery of the debt is New Zealand law.
3: The courts of New Zealand are the courts with jurisdiction to hear and determine proceedings for recovery of the debt.
65AV: Obligation to pay penalty not suspended by review or legal proceedings
1: An offshore betting operator’s obligation to pay, and the designated authority’s right to receive and recover, a penalty imposed is not suspended by—
a: a request for review under section 65AS(4)(b)
b: any legal proceedings relating to the penalty.
2: Subsection (3)
3: The designated authority must, as soon as practicable, refund to the offshore betting operator the amount of the penalty or part of the penalty for which the offshore betting operator was not liable.
65AW: Appeal to District Court
1: An offshore betting operator may appeal to the District Court against a decision of the designated authority to issue a penalty notice under section 65AS
2: If an appeal is made under subsection (1) Regulations
65AX: Regulations for offshore betting
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing the financial or other relevant information that an offshore betting operator must provide to the designated authority, the manner in which that information is to be provided (including how the information must be presented, calculated, or prepared), and when the information must be provided for the purposes of section 65AG(1)(b)
b: providing for matters relating to integrity policy requirements that offshore betting operators must comply with under section 65AG(2)(a)
c: providing for matters relating to an information sharing protocol that may be entered into between the designated authority and offshore betting operators under section 65AG(2)(b)
d: prescribing the financial or other relevant information that an offshore betting operator must provide to the designated authority, the manner in which that information is to be provided (including how the information must be presented, calculated, or prepared), and when the information must be provided for the purposes of section 65AL
e: prescribing the manner in which rates and adjustments to rates must be set for the purposes of section 65AH 65AK
f: specifying the persons to whom money received from offshore betting charges may be distributed under section 65AP
g: specifying penalty amounts or the method by which penalty amounts must be calculated for the purposes of section 65AS(3)
h: prescribing the form of penalty notices for the purposes of section 65AS(5)
i: prescribing the manner in which any other thing must be done for the purposes of this Part:
j: prescribing fees or other charges payable in respect of any matter under this Part or the manner in which fees and charges may be calculated:
k: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: Regulations made under this section may provide differently for different classes of offshore betting operator.
3: Regulations made under this section are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, any person.
4: Before making a recommendation under this section, the Minister must consult the Agency, each racing code, and the Minister for Sport and Recreation. Other amendments
22: New section 68A inserted (Regulations)
After section 68
68A: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing matters to support the performance and exercise of the Agency’s relevant functions and powers during the transition period (for example, setting out the framework for managing the transfer of the Agency’s functions to the racing codes and specifying the qualifications of directors of any entity carrying out functions under this Act):
b: prescribing the minimum amounts, or the method to be used for calculating minimum amounts, for the purposes of section 57(1)(da)
c: extending the end date of the transition period (as defined in section 5(1)) to a date no later than 30 June 2022
d: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Before making a recommendation for regulations under subsection (1)(b)
3: No regulations may be made under subsection (1)(c) 30 June 2020
23: Part 8 repealed
Repeal Part 8
24: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1 Consequential amendments
25: Consequential amendments
1: Amend the principal Act as set in Schedule 2
2: Amend the enactments specified in Schedule 3 2019-07-01 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Financial Transactions Reporting Act 1996 Flags, Emblems, and Names Protection Act 1981 Gambling Act 2003 Goods and Services Tax Act 1985 Income Tax Act 2007 Official Information Act 1982 Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Amendment Regulations (No 2) 2018 Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Amendment Regulations 2018 Electronic Identity Verification Regulations 2013 Gambling (Fees) Regulations 2015 Gambling (Problem Gambling Levy) Regulations 2019 Racing (Harm Prevention and Minimisation) Regulations 2004
2: Taxation (totalisator duty) repeal
1: Amendments to Gaming Duties Act 1971
26: Amendments to Gaming Duties Act 1971
This subpart Gaming Duties Act 1971 2019-07-01 Gaming Duties Act 1971 re: section 2(1)(b): sections 26, 27(1), 28(1) and (4), and 29 come into force 1 July 2019 2020-07-01 Gaming Duties Act 1971 re: section 2(2): section 28(2) comes into force 1 July 2020 2021-07-01 Gaming Duties Act 1971 re: section 2(3): section 28(3) comes into force 1 July 2021 2021-09-21 Gaming Duties Act 1971 re: section 2(4): sections 27(2) and 30 come into force 21 September 2021
27: Section 3 amended (Interpretation)
1: In section 3 Board Agency
2: In section 3 Agency fixed-odds racing betting sports betting totalisator racing betting winning dividend
28: Section 4 amended (Totalisator duty)
1: In section 4(1) 4% 2.67%
2: In section 4(1) 2.67% 1.33%
3: In section 4(1) 1.33% 0%
4: In section 4(2) amounts Board Agency
29: Section 13 amended (Refund of duty or interest paid in error or in excess)
In section 13(1) he the Commissioner
30: Part 1 repealed
Repeal Part 1
2: Amendment to Tax Administration Act 1994
31: Amendment to Tax Administration Act 1994
This subpart Tax Administration Act 1994 2021-09-21 Tax Administration Act 1994 re: section 2(4): sections 31 and 32 come into force 21 September 2021.
32: Section 3 amended (Interpretation)
In section 3(1) late payment penalty