1: Title
This Act is the Local Government Act 2002 Amendment Act 2012.
2: Commencement
1: Section 21
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
This Act amends the Local Government Act 2002 principal Act 2012-12-05 Local Government Act 2002 2013-10-12 Local Government Act 2002 section 21
1: Amendments to Local Government Act 2002
4: Section 3 amended (Purpose)
Replace section 3(d)
d: provides for local authorities to play a broad role in meeting the current and future needs of their communities for good-quality local infrastructure, local public services, and performance of regulatory functions.
5: Section 5 amended (Interpretation)
1: In section 5(1) Commission Commission
a: other than in Part 10
b: in Part 10 section 256 .
2: In section 5(1), definition of community facilities 197 197(2)
3: In section 5(1), definition of community infrastructure 197 197(2)
4: In section 5(1), replace the definition of community outcomes community outcomes .
5: In section 5(1), definition of development contribution 197 197(2)
6: In section 5(1), definition of development contribution policy 197 197(2)
7: In section 5(1), definition of network infrastructure 197 197(2)
8: In section 5(1), definition of significance
a: the district or region: .
9: In section 5(1), insert in their appropriate alphabetical order: affected
a: in relation to a local authority, means a local authority whose district or region contains an affected area:
b: in relation to a territorial authority, means a territorial authority whose district contains an affected area affected area clause 2 of Schedule 3 good-quality section 10(2) remuneration and employment policy clause 36A of Schedule 7 .
10: In section 5(1), repeal the definitions of reorganisation proposal reorganisation scheme
6: Section 8 amended (Act binds the Crown)
In section 8(2)(c) and Schedule 15 (which relate (which relates
7: Section 10 amended (Purpose of local government)
1: Replace section 10(b)
b: to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.
2: In section 10
2: In this Act, good-quality
a: efficient; and
b: effective; and
c: appropriate to present and anticipated future circumstances.
8: Section 14 amended (Principles relating to local authorities)
1: Replace section 14(1)(c)(iii)
iii: the likely impact of any decision on the interests referred to in subparagraphs (i) and (ii): .
2: In section 14(1)(h)(i) well-being interests
3: In section 14(2) , or any aspects of well-being referred to in section 10, are in
9: Section 16 amended (Significant new activities proposed by regional council)
In section 16(8)(d) proposal application under Schedule 3
10: Section 23 amended (Description of local government)
After section 23(3)
3A: However, a territorial authority created as a unitary authority after 1 July 2013 must be described as [ name of city or district
11: New section 24AA inserted (Purpose of local government reorganisation)
In Part 3
24AA: Purpose of local government reorganisation
The purpose of the local government reorganisation provisions of this Act is to improve the effectiveness and efficiency of local government by—
a: providing communities with the opportunity to initiate, and participate in considering, alternative local government arrangements for their area; and
b: requiring the Commission, in consultation with communities, to identify, develop, and implement in a timely manner the option that best promotes good local government.
12: Section 24 replaced (Reorganisation proposals)
Replace section 24
24: Scope of local government reorganisation
1: Local government reorganisation may provide for 1 or more of the following matters:
a: the union of districts or regions:
b: the constitution of a new district or region, including the constitution of a new local authority for that district or region:
c: the abolition of a district or region, including the dissolution or abolition of the local authority for that district or region:
d: the alteration of the boundaries of any district or region:
e: the transfer of a statutory obligation from one local authority to another:
f: the assumption by a territorial authority of the powers of a regional council.
2: Schedule 3
13: New section 24A inserted (Transitional modification or suspension of certain statutory requirements after issue of final proposal for reorganisation)
After section 24
24A: Transitional modification or suspension of certain statutory requirements after issue of final proposal for reorganisation
1: The purpose of this section is to authorise the extension or postponement of certain statutory requirements after public notice of a final proposal relating to local government reorganisation is given under clause 22 of Schedule 3
2: This section applies to a final reorganisation proposal only if the proposal provides for any of the matters specified in section 24(1)(a), (b), (c), or (f)
3: The Governor-General may, by Order in Council, in relation to an affected local authority,—
a: extend, for a period not exceeding 12 months, the time by which the local authority would otherwise have to complete, within the specified period, any action relating to the preparation or adoption of any plan, policy, or strategy required by or under any enactment:
b: extend the time by which the local authority would otherwise have to complete anything relating to, and dependent or consequential on, the action in relation to which the period has been extended under paragraph (a)
c: postpone, to a date not more than 12 months after the date determined under section 10 of the Local Electoral Act 2001, the next triennial general election of members of the local authority.
4: However, the power under subsection (3)(c) may be exercised only if the triennial election, or any action or process preliminary to holding it, would otherwise be required to be held or taken in the specified period.
5: An Order in Council may be made only—
a: during the specified period; and
b: on the recommendation of the Minister; and
c: if the Minister is satisfied that the Order in Council is—
i: necessary to avoid public confusion or waste of public resources; or
ii: in the interests of the district of the affected local authority; and
d: with the agreement of—
i: the affected local authority; and
ii: the Commission.
6: In this section,— specified period
a: beginning on the date on which public notice is given of the final proposal under clause 22 of Schedule 3
b: ending on the close of the date that is 9 months after the day on which public notice is given under clause 22 of Schedule 3
14: Section 25 replaced (Order in Council to give effect to reorganisation schemes)
Replace section 25
25: Order in Council to give effect to final proposals and reorganisation schemes
1: A final proposal—
a: is given effect to by Order in Council; and
b: has effect on and from the date specified for this purpose by Order in Council.
2: An Order in Council made under subsection (1)
a: must establish and provide for 1 or more transition bodies in accordance with—
i: clauses 33 to 40 of Schedule 3
ii: the provisions in the final proposal relating to transitional matters; and
b: may, with the agreement of the Commission, suspend any statutory requirement that an affected local authority would otherwise be subject to before a final proposal comes into effect, but only if the coming into effect of the final proposal would make compliance with the statutory requirement unnecessary or inappropriate.
3: An Order in Council made under subsection (1)
4: A reorganisation scheme—
a: is given effect to by Order in Council; and
b: has effect on and from the date specified by Order in Council made under subsection (1)(a)
5: An Order in Council giving effect to a final proposal or reorganisation scheme is not invalid because it is inconsistent with the provisions of the final proposal or scheme if the inconsistency relates—
a: to corrections of clerical, grammatical, or typographical errors; or
b: to matters of a format or referential nature that do not alter the substance or effect of the final proposal or scheme.
6: If a reorganisation scheme does not specifically provide for a matter that the Secretary considers to be necessary, desirable, or incidental as a consequence of the scheme,—
a: the Secretary must consult with the Commission, and each affected local authority, about the inclusion of the matter in the Order in Council under subsection (4)
b: the matter may be included in the Order in Council if considered appropriate by the Governor-General in Council.
7: Clauses 45 and 46 of Schedule 3
a: amended in their application by the reorganisation scheme; or
b: declared not to apply.
8: Clauses 47 to 54 of Schedule 3
9: In this section,— final proposal clause 33 of Schedule 3 reorganisation scheme clause 41(2) of Schedule 3
15: New section 26A inserted (Duties of local authorities in relation to local government reorganisation)
After section 26
26A: Duties of local authorities in relation to local government reorganisation
1: It is the duty of every local authority to co-operate with, give reasonable assistance to, and provide information to the Commission to enable it to perform its functions and exercise its powers in relation to local government reorganisation.
2: Without limiting subsection (1)
3: An affected local authority must not make a decision described in subsection (4) section 25
4: Subsection (3)
a: significantly prejudice the implementation of the final proposal; or
b: significantly constrain the powers or capacity of any local authority to be established or changed under the final proposal, or any subsidiary of any such local authority, following the implementation of the final proposal; or
c: have a significant negative impact on the assets or liabilities that may be transferred to any local authority in the implementation of the final proposal.
16: Section 27 amended (Application to be called city council or district council)
In section 27(1) proposal application under Schedule 3
17: New sections 27A and 27B inserted
After section 27
27A: Change of name of unitary authorities
1: A unitary authority that is described as a city council or district council may apply to the Minister to change its name to the [ name of city or district
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, give effect to the application.
3: The Order in Council may consequentially amend Part 2 of Schedule 2.
27B: Orders in Council to be published in
Gazette An Order in Council made under any of sections 24A to 27A Gazette
18: Section 31 amended (Report to Minister on matters relating to local government)
After section 31(1)
1A: The Commission may consider, report on, and make recommendations to the Minister or any relevant local authority, or both, on any matter arising in the performance of its functions and exercise of its powers under Schedule 3
19: New section 31A inserted (Minister's expectations of Commission in relation to local government reorganisation)
After section 31
31A: Minister's expectations of Commission in relation to local government reorganisation
1: The Minister may, by notice in writing to the Commission, specify measures and expectations relating to the Commission's performance of its functions and exercise of its powers under Schedule 3
2: Without limiting subsection (1)
a: the time frames within which the Commission is expected to complete specified matters:
b: which reorganisation applications are to be regarded by the Commission as having a higher priority.
3: Before specifying measures and expectations under this section, the Minister—
a: must consult the Commission; and
b: may consult any other persons or organisations that the Minister considers appropriate to consult.
4: The Commission must publish, on its Internet site,—
a: any measures and expectations given to it by the Minister under subsection (1)
b: a statement of the impact that meeting those measures and expectations will have on the performance of its functions and exercise of its powers under Schedule 3
5: The Commission must, in its report to the Minister under clause 31 of Schedule 4, describe how and the extent to which it has met the measures and expectations specified under subsection (1)
20: Section 40 amended (Local governance statements)
After section 40(1)(j)
ja: the remuneration and employment policy, if adopted; and .
21: New section 41A inserted (Role and powers of mayors)
After section 41
41A: Role and powers of mayors
1: The role of a mayor is to provide leadership to—
a: the other members of the territorial authority; and
b: the people in the district of the territorial authority.
2: Without limiting subsection (1)
3: For the purposes of subsections (1) and (2)
a: to appoint the deputy mayor:
b: to establish committees of the territorial authority:
c: to appoint the chairperson of each committee established under paragraph (b)
i: may make the appointment before the other members of the committee are determined; and
ii: may appoint himself or herself.
4: However, nothing in subsection (3)
a: removing, in accordance with clause 18 of Schedule 7, a deputy mayor appointed by the mayor under subsection (3)(a)
b: discharging or reconstituting, in accordance with clause 30 of Schedule 7, a committee established by the mayor under subsection (3)(b)
c: appointing, in accordance with clause 30 of Schedule 7, 1 or more committees in addition to any established by the mayor under subsection (3)(b)
d: discharging, in accordance with clause 31 of Schedule 7, a chairperson appointed by the mayor under subsection (3)(c)
5: A mayor is a member of each committee of a territorial authority.
6: To avoid doubt, a mayor must not delegate any of his or her powers under subsection (3)
7: To avoid doubt,—
a: clause 17(1) of Schedule 7 does not apply to the election of a deputy mayor of a territorial authority unless the mayor of the territorial authority declines to exercise the power in subsection (3)(a)
b: clauses 25 and 26(3) of Schedule 7 do not apply to the appointment of the chairperson of a committee of a territorial authority established under subsection (3)(b) subsection (3)(c)
22: Section 42 amended (Chief executive)
1: In section 42(2)(g) staff of the local authority (in accordance with any remuneration and employment policy)
2: In section 42(2)(h) authority (in accordance with any remuneration and employment policy)
23: Section 48 amended (Further provisions of Schedule 7)
After section 48(j)
k: adoption of a remuneration and employment policy.
24: Section 49 amended (Establishment of community boards)
In section 49(1)(a) giving effect to a reorganisation scheme made under section 25
25: Section 77 amended (Requirements in relation to decisions)
In section 77(1)(b)(i) social, economic, environmental, and cultural well-being interests
26: Section 84 amended (Special consultative procedure in relation to long-term plan)
In section 84(4) local authority's auditor Auditor-General
27: Section 94 amended (Audit of long-term plan)
1: In section 94(1) local authority's auditor Auditor-General
2: In section 94(2), replace auditor Auditor-General
28: Section 99 amended (Audit of information in annual report and summary)
In section 99(1) and (2) auditor's Auditor-General's
29: Section 101 amended (Financial management)
In section 101(3)(b) current and future social, economic, environmental, and cultural well-being of the
30: Section 197 amended (Interpretation)
1: In section 197 community facilities community infrastructure development contribution development contribution policy network infrastructure service connection
2: In section 197, insert as subsection (2):
2: In this Act, unless the context otherwise requires,— community facilities community infrastructure
a: land, or development assets on land, owned or controlled by the territorial authority to provide public amenities; and
b: includes land that the territorial authority will acquire for that purpose development contribution
a: provided for in a development contribution policy of a territorial authority; and
b: calculated in accordance with the methodology; and
c: comprising—
i: money; or
ii: land, including a reserve or esplanade reserve (other than in relation to a subdivision consent), but excluding Māori land within the meaning of Te Ture Whenua Maori Act 1993, unless that Act provides otherwise; or
iii: both development contribution policy network infrastructure service connection
31: Part 10 replaced
Replace Part 10
10: Powers of Minister to act in relation to local authorities
253: Outline of Part
This Part confers powers on the Minister to—
a: assist local authorities in certain situations; and
b: intervene in the affairs of local authorities in certain situations.
254: How this Part works
1: This section is a guide to the overall scheme and effect of this Part. It does not affect the interpretation or application of the other provisions of this Part.
2: Subpart 1
3: The options vary according to the nature and scale of assistance or intervention required to address the problem.
4: The options are not a hierarchy of actions that the Minister must employ sequentially in relation to a local authority.
5: Accordingly, the Minister may exercise an option in relation to a local authority without having previously exercised 1 or more of the other options.
6: Subpart 2 subpart 1
7: The provisions in subpart 2
255: Application of this Part
The Minister may appoint a Ministerial body under subpart 1
256: Interpretation
In this Part,— Commission section 258F Ministerial appointee subpart 1 Ministerial body subpart 1 problem
a: means—
i: a matter or circumstance relating to the management or governance of the local authority that detracts from, or is likely to detract from, its ability to give effect to the purpose of local government within its district or region; or
ii: a significant or persistent failure by the local authority to perform 1 or more of its functions or duties under any enactment; or
iii: the consequences of a state of emergency (within the meaning of section 4 of the Civil Defence Emergency Management Act 2002) affecting, or recently affecting, the local authority's district or region; and
b: includes—
i: a failure by the local authority to demonstrate prudent management of its revenues, expenses, assets, liabilities, investments, or general financial dealings; and
ii: a potential problem within the meaning of paragraph (a)(i) or (ii)
iii: to avoid doubt, 2 or more problems within the meaning of paragraph (a) or subparagraph (i) or (ii) of this paragraph public notice
a: means a notice published—
i: in a newspaper circulating in the district or region of the local authority; and
ii: on the Internet site of the department responsible for the administration of this Act; and
b: includes any other notice that the Minister thinks desirable in the circumstances significant
1: Ministerial powers of assistance and intervention
Minister may require information from local authority
257: Minister may require information
1: The Minister may, by notice in writing, require a local authority to provide to him or her information on the nature and extent of a problem and how the local authority is addressing or planning to address the problem if the Minister believes, on reasonable grounds, that—
a: a problem relating to the local authority may exist; and
b: the local authority—
i: has not publicly acknowledged the nature and extent of the problem; or
ii: may be unable or unwilling to effectively address the problem.
2: The Minister may, by notice in writing, require a local authority to provide to him or her information on how the local authority is addressing or planning to address a problem—
a: after the expiry of the term of a Ministerial body appointed to assist or intervene in relation to the problem; and
b: for the purpose of the Minister assessing whether further action under this Part is required.
3: A notice under this section must state—
a: the problem; and
b: the information required by the Minister; and
c: the form in which the information is to be provided; and
d: the date by which the information is to be provided.
4: A local authority must respond to a notice received under this section—
a: by the date stated in the notice; or
b: by any other date to which the Minister has agreed.
5: The Minister may require a local authority to provide information under this section—
a: by instalments at specified dates:
b: by instalments at specified intervals.
6: The Minister may require a local authority to provide information under this section in relation to a problem on which information has already been requested and provided under the section. Minister may appoint Crown Review Team
258: Minister may appoint Crown Review Team
1: The Minister may appoint a Crown Review Team to a local authority if—
a: the local authority has received a notice from the Minister under section 257(1)
b: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority may exist and—
i: the local authority is unable or unwilling to effectively address the problem; or
ii: a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
c: the Minister has received a written request from the local authority to do so.
2: Before the review begins, the Minister must give notice of the appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Crown Review Team must, to the extent authorised by its terms of reference,—
a: investigate and report on the nature and extent of the problem; and
b: make recommendations to the local authority and the Minister on how the local authority could address the problem; and
c: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
d: ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
5: If applicable, and to the extent authorised by its terms of reference, a Crown Review Team must also investigate, and report on, any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.
6: A local authority must—
a: co-operate with a Crown Review Team so that it may fulfil its terms of reference; and
b: comply with any reasonable request of the Crown Review Team to provide any relevant information that the local authority holds.
7: A Crown Review Team must produce a final report that complies with section 258U
8: This section is subject to section 258Q
258A: How Crown Review Team appointed
1: A Crown Review Team comprises 1 or more members.
2: If a Crown Review Team comprises 2 or more members, the Minister must appoint 1 member as the chairperson.
3: The Minister must appoint each member of a Crown Review Team by notice in writing. The notice must include the following information:
a: the terms of reference of the Crown Review Team, including—
i: an outline of the problem in relation to which it has been appointed; and
ii: the extent of its authority; and
b: the start and end dates of the member's appointment; and
c: the start and end dates of the review period. Minister may appoint Crown Observer
258B: Minister may appoint Crown Observer
1: The Minister may appoint a Crown Observer to a local authority if—
a: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and—
i: the appointment of a Crown Observer is necessary to enable, or better enable, the local authority to effectively address the problem; or
ii: the appointment of a Crown Observer is necessary to enable, or better enable, the Minister to monitor the local authority's progress in addressing the problem; or
iii: a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
b: the Minister has received a written request from the local authority to do so.
2: Before the observation period begins, the Minister must give notice of the appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Crown Observer must, to the extent authorised by his or her terms of reference,—
a: assist the local authority to address the problem; and
b: monitor the local authority's progress in relation to the problem; and
c: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
d: ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
5: If applicable, and to the extent authorised by its terms of reference, a Crown Observer must also assist the local authority with, and monitor progress on, any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.
6: A local authority must—
a: co-operate with a Crown Observer so that he or she may fulfil his or her terms of reference; and
b: comply with any reasonable request of the Crown Observer to provide any relevant information that the local authority holds.
7: A Crown Observer must produce a final report that complies with section 258U
8: This section is subject to section 258Q
258C: How Crown Observer appointed
The Minister must appoint a Crown Observer by notice in writing. The notice must include the following information:
a: the terms of reference of the Crown Observer, including—
i: an outline of the problem in relation to which the Crown Observer has been appointed; and
ii: the extent of his or her authority; and
b: the start and end dates of the appointment; and
c: the start and end dates of the observation period. Minister may appoint Crown Manager
258D: Minister may appoint Crown Manager
1: The Minister may appoint a Crown Manager to a local authority if—
a: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists, and—
i: the nature or extent of the problem is such that the local authority is unlikely to effectively address the problem without the appointment of a Crown Manager; or
ii: for no good reason, the local authority has not adequately implemented a recommendation of any other Ministerial body in relation to the problem; or
iii: a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
b: the Minister has received a written request from the local authority to do so.
2: Before the management period begins, the Minister must give notice of the appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Crown Manager must, to the extent authorised by his or her terms of reference,—
a: direct the local authority to act to address the problem; and
b: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
c: ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
5: If applicable, and to the extent authorised by its terms of reference, a Crown Manager must also direct the local authority on any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.
6: A local authority must—
a: co-operate with a Crown Manager so that he or she may fulfil his or her terms of reference; and
b: comply with the directions of a Crown Manager; and
c: comply with any reasonable request of a Crown Manager to provide any relevant information that the local authority holds.
7: A Crown Manager must produce a final report that complies with section 258U
8: This section is subject to section 258Q
258E: How Crown Manager appointed
The Minister must appoint a Crown Manager by notice in writing. The notice must include the following information:
a: the terms of reference of the Crown Manager, including—
i: an outline of the problem in relation to which the Crown Manager has been appointed; and
ii: the extent of his or her authority; and
b: the start and end dates of the Crown Manager's appointment; and
c: the start and end dates of the management period. Minister may appoint Commission
258F: Minister may appoint Commission
1: The Minister may appoint a Commission to a local authority if—
a: the Minister believes, on reasonable grounds, that—
i: a significant problem relating to the local authority—
A: is impairing, or likely to impair, the good local government of the local authority's district or region; or
B: is endangering, or likely to endanger, the public health or safety of the people within the local authority's district or region; and
ii: the local authority is unable or unwilling to effectively address the problem; and
iii: the problem is such that appointing a Crown Review Team, a Crown Observer, or a Crown Manager to the local authority is unlikely to prevent the consequences described in subparagraph (i)
b: the local authority refuses or is unable to comply with a direction of a Crown Manager given under section 258D(4)
c: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
d: the Minister has received a written request from the local authority to do so.
2: Before the Commission begins its term, the Minister must give notice of the Commission's appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Commission must perform the functions and duties and exercise the powers of the local authority, and its members, under this Act and any other enactment,—
a: to the exclusion of the members of the local authority; but
b: subject to—
i: section 258H
ii: any limits on its authority set out in the terms of reference.
5: To avoid doubt, a Commission—
a: must perform any functions or exercise any powers directly conferred on the mayor or chairperson, or any other member, of a local authority by or under any enactment; and
b: may exercise all the powers of the local authority to set, assess, and collect rates and charges within the district or region and expend their proceeds; and
c: may appoint members of the local authority to a committee or subcommittee established under Schedule 7 of this Act.
6: A Commission must also, to the extent authorised by its terms of reference,—
a: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
b: if applicable, implement the recommendations of a Ministerial body currently or previously appointed to the local authority.
7: A Commission must ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
8: A Commission must produce a final report that complies with section 258U
9: This section is subject to section 258Q
258G: How Commission appointed
1: A Commission comprises 1 or more members.
2: If a Commission comprises 2 or more members, the Minister must appoint 1 member as the chairperson.
3: The Minister must appoint each member of a Commission by notice in writing. The notice must include the following information:
a: the terms of reference of the Commission, including—
i: an outline of the problem in relation to which it has been appointed; and
ii: any limitations on the extent of its authority; and
b: the start and end dates of the member's appointment; and
c: the start and end dates of the Commission's term.
258H: Application of this and other enactments during Commission's term of appointment
1: This section applies during the period in which a Commission is appointed to perform the functions and duties and exercise the powers of a local authority under section 258F
2: This Act and any other enactment applies, with any necessary modifications, as if the Commission were the governing body of the local authority and responsible for the decision-making of the local authority.
3: Without limiting subsection (2), clauses 31, 32, and 32A of Schedule 7 apply as if the members of the Commission were elected members of the local authority.
4: A document that is required to be executed under the seal of the local authority may be executed under the seal and verified by the signature of the chairperson of the Commission, or the Commission, if there is no chairperson.
5: All acts done by the Commission in the purported exercise of the powers of the local authority under this or any other enactment, whether the powers have been expressly limited in the terms of reference or not, are, except in the case of fraud, as valid as if the Commission had not been appointed and the acts had been done by the local authority in the ordinary course of its business.
258I: Minister may postpone general election when appointing Commission
1: The Minister may postpone the next triennial general election for members of a local authority—
a: at the same time as appointing a Commission to a local authority under section 258F
b: at any time during the period in which the Commission is performing the local authority's functions and duties and exercising its powers.
2: Subsection (1)
3: If the Minister acts under subsection (1)
a: give public notice of the postponement; and
b: before the term of the Commission ends,—
i: call a general election of the local authority by notice in the Gazette
ii: give public notice of the calling of the election.
4: Each notice given under subsection (3)(b)
a: must specify the date on which the election is to be held, which must be no later than 7 days before the date on which the term of the Commission ends; and
b: if section 258J
5: The Local Electoral Act 2001 applies, with any necessary modifications, to the conduct of an election called by the Minister under this section as if the election were a triennial general election.
6: Despite subsection (5)
a: no later than 7 days after the Minister gives notice of the election under subsection (3)(b)
b: if section 258J
258J: Timing of election following postponed election
1: This section applies if—
a: the Minister postpones a triennial general election for members of a local authority under section 258I
b: the date on which the postponed election is subsequently held is less than 3 years before the date of the next triennial general election for members of the local authority as determined under section 10 of the Local Electoral Act 2001 (the next triennial election
2: The Minister must decide whether the election for members of the local authority following the postponed election must be held on the date of—
a: the next triennial election; or
b: the next subsequent triennial general election as determined under section 10 of the Local Electoral Act 2001 (the second triennial election subsections (3) to (5)
3: A general election for members of the local authority must not be held on the date of the next triennial election. Instead, the next general election for members of the local authority must be held on the date of the second triennial election.
4: A member of the local authority elected at the postponed election holds office until he or she vacates office, in accordance with section 116 of the Local Electoral Act 2001, for the second triennial election.
5: Subsection (4)
258K: Local authority members remain in office but must not act during term of Commission
1: Subsection (2) section 258F
2: A member remains in office but must not act and is not entitled in that capacity to be paid any salary, allowances, or expenses under this Act or any other enactment, or to use any property of the local authority, until the earliest of the following events occurs:
a: the Commission ends its term, in which case the member resumes full power to act:
b: a triennial general election is held for the local authority under section 10 of the Local Electoral Act 2001, in which case the member vacates office in accordance with section 116 of that Act:
c: a general election is held for the local authority under section 258I
d: a general election is held for the local authority under section 258M
e: the member vacates his or her office in accordance with clause 5(1)(a), (b), (c), or (e) of Schedule 7.
3: However, if a Commission appoints a member to a committee or subcommittee in accordance with Schedule 7, the person—
a: may accept the appointment, in the capacity as a person who has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee; and
b: is entitled to receive payment for holding office as a member of the committee or subcommittee in that capacity.
4: In subsection (2) act
258L: Extraordinary vacancy when Commission appointed or during term of Commission
1: This section applies if an extraordinary vacancy (within the meaning of clause 5 of Schedule 7)—
a: exists at the time a Commission is appointed to a local authority; or
b: is created during the term that a Commission is appointed to a local authority.
2: The vacancy is not required to be filled, and any preparations made by any person towards filling the vacancy in accordance with sections 117 to 120 of the Local Electoral Act 2001 must be abandoned, if the Commission's term ends after the date of—
a: a triennial general election for the local authority under section 10 of the Local Electoral Act 2001; or
b: a general election for the local authority under section 258I or 258M
3: The vacancy must be filled in accordance with sections 117 to 120 of the Local Electoral Act 2001 in any other case except that if the vacancy occurs more than 90 days before the end of the term of the Commission, the vacancy must be treated as if it occurred on the 90th day before that date. Minister may call general election
258M: Minister may call general election
1: The Minister may, by notice in the Gazette
2: The notice must specify the date on which the election is to be held, which, to avoid doubt, may be a date that is earlier than the date of the next triennial general election for members of the local authority as determined under section 10 of the Local Electoral Act 2001.
3: The Minister must—
a: give the local authority a copy of the Gazette
b: give public notice of the calling of the election and the date on which the election is to be held.
4: The Local Electoral Act 2001 applies, with any necessary modifications, to the conduct of an election called by the Minister under this section, as if the election were a triennial general election.
5: Despite subsection (4) subsection (1)
2: General provisions applying to Ministerial powers conferred under subpart 1
258N: Minister may consult any person
1: The Minister may, but is not obliged to, consult any person, organisation, or group—
a: when determining what action, if any, to take under subpart 1
b: when appointing a Ministerial body under subpart 1
c: when formulating the terms of reference for a Ministerial body.
2: The Minister may, but is not obliged to, consult any person, organisation, or group—
a: when postponing a general election under section 258I
b: when calling a general election under section 258M
258O: Minister must publish list in
Gazette
1: The Minister must publish in the Gazette subpart 1
2: Without limiting subsection (1)
a: guiding principles that the Minister is likely to adopt when making decisions under this Part:
b: matters or circumstances relating to the management or governance of local authorities that the Minister considers are likely to detract from the ability of local authorities to give effect to the purpose of local government within their districts and regions:
c: the types and sources of information that the Minister is likely to consider when making decisions under this Part.
3: The Minister must review the list no later than 5 years after the date on which the list is published and, subsequently, at intervals of no more than 5 years after the most recent review.
4: The list must be republished after each review.
5: Before publishing or republishing a list, the Minister must consult Local Government New Zealand and may, but is not obliged to, consult any other person, organisation, or group.
6: The first list must be published no later than 31 March 2013.
258P: Minister must have regard to published list
1: The Minister, when determining what action, if any, to take under subpart 1 section 258O
2: To avoid doubt, the Minister may act under subpart 1
258Q: Notice to local authority of proposed appointment of Ministerial body
1: Before appointing a Ministerial body, the Minister must—
a: give the local authority concerned written notice that he or she intends to make the appointment; and
b: state in the notice the reasons for the proposed appointment and the proposed terms of reference; and
c: give the local authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, being no earlier than 10 working days after the date on which notice is given to the local authority:
i: the reasons for making the appointment do not exist:
ii: the local authority is acting effectively to address the problem:
iii: for any other reason, the appointment should not be made:
iv: a different Ministerial body should be appointed.
2: The Minister must—
a: notify the local authority, in writing, if he or she decides not to appoint a Ministerial body; or
b: act under section 258(2), 258B(2), 258D(2), or 258F(2)
3: This section does not apply if—
a: the local authority has requested the Minister to make the appointment; or
b: the problem in relation to which the Minister intends to make the appointment relates to the consequences of a state of emergency and the Minister believes, on reasonable grounds, that the public health or safety of the people within the local authority's district or region is, or is likely to be, endangered.
258R: Notice to local authority of proposed general election
1: Before calling a general election under section 258M
a: give the local authority concerned written notice that he or she intends to call the election; and
b: state in the notice the reasons for the proposed election in terms of section 258M(1)
c: give the local authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, being no earlier than 10 working days after the date on which notice is given to the local authority:
i: the reasons for calling the election do not exist:
ii: for any reason, the election should not be called:
iii: a Ministerial body should be appointed instead.
2: The Minister must—
a: notify the local authority, in writing, if he or she decides not to call the election; or
b: act under section 258M(3)
258S: Notification of appointment of Ministerial body
1: A notice of appointment of a Ministerial body under section 258(1), 258B(1), 258D(1), or 258F(1)
a: that the Minister has appointed a Ministerial body; and
b: the terms of reference of the Ministerial body; and
c: the start and end dates of the Ministerial body's appointment; and
d: the names of each member of the Ministerial body; and
e: if applicable, the name of the chairperson of the Ministerial body.
2: Subsection (3)
a: the notice of appointment relates to a Commission; and
b: the Minister has, at the same time, postponed the next triennial general election for members of the local authority under section 258I
3: The notice of appointment must also state that the Minister has postponed the next triennial general election for members of the local authority and that the Minister will call a general election, by notice in the Gazette
258T: Notification of change of membership of Ministerial body
The Minister must notify any change in the membership of a Ministerial body by notice in the Gazette
258U: Final report of Ministerial body
1: A final report produced by a Ministerial body must include the following:
a: a narrative description of the activities of the Ministerial body in relation to its terms of reference; and
b: in respect of the problem in relation to which the Ministerial body was appointed, an assessment of progress in addressing the problem; and
c: any final recommendations of the Ministerial body to the Minister, the local authority, or both; and
d: without limiting paragraph (c)
e: any other matter required by the Ministerial body's terms of reference.
2: The Minister must, as soon as practicable,—
a: give a copy of the report to the local authority; and
b: make the report publicly available, excluding any information that it is necessary to withhold for any of the reasons stated in section 6 or 7 of the Local Government Official Information and Meetings Act 1987.
258V: Remuneration and expenses of Ministerial appointees
1: A Ministerial appointee is entitled—
a: to receive remuneration for services as a member of a Ministerial body as determined by the Minister in accordance with the fees framework; and
b: to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member in accordance with the fees framework.
2: In this section, fees framework
258W: Recovery of expenses from local authority
1: A local authority owes as a debt to the Crown any expenses that the Crown incurs for the appointment of a Crown Manager or a Commission to the local authority, including the payment of remuneration and expenses to the Crown Manager or a member of the Commission.
2: Any expenses that the Crown incurs for the appointment of a Crown Observer or a Crown Review Team to a local authority, including the payment of remuneration and expenses to the Crown Observer or a member of the Crown Review Team, may be recovered by the Crown from the local authority if—
a: the Minister decides that to do so is reasonable in the circumstances; and
b: the terms of reference authorise the recovery.
3: The Crown may recover expenses under subsection (2)
258X: Minister may terminate Ministerial body or Ministerial appointee
1: The Minister may terminate the appointment of a Ministerial body at any time by notice in writing.
2: The Minister must give notice of the termination—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: The Minister may terminate a Ministerial appointee's appointment at any time by notice in writing, and no compensation is payable to the person as a result of the termination.
258Y: Protection from liability for Ministerial appointees
1: A Ministerial appointee is not liable for any act done or omitted to be done by him or her in good faith in the performance or intended performance of his or her functions, responsibilities and duties, or the exercise of his or her powers as a Ministerial appointee.
2: To avoid doubt, this includes—
a: acts done or omitted to be done by a Crown Manager when directing a local authority to act; and
b: acts done or omitted to be done by a Commission member when performing the functions and exercising the powers of a local authority or its members.
258Z: Disclosure of information held by local authority
1: For the purposes of this Part, information held by a local authority may be disclosed to the Minister or a Ministerial body despite anything to the contrary in the Official Information Act 1982, the Local Government Official Information and Meetings Act 1987, or the Privacy Act 1993.
2: However, the Minister, the Ministerial body, or a Ministerial appointee must not publish or disclose that information to any other person except in accordance with those Acts.
3: In this section, Minister
258ZA: Decisions and directions of Crown Manager or Commission remain in force until local authority decides otherwise
1: Subsections (2) and (3)
2: A direction given to the local authority by the Crown Manager ceases to have effect.
3: Despite subsection (2)
4: Subsection (5)
5: A decision of the Commission continues in force as if it were a decision made by the local authority unless and until the local authority revokes or amends the decision.
32: Section 259 amended (Regulations)
1: Replace section 259(1)(d)(i)
i: in petitions and polls in relation to final proposals for local government reorganisation under Schedule 3 .
2: After section 259(1)(db)
dc: prescribing parameters or benchmarks for assessing whether a local authority is prudently managing its revenues, expenses, assets, liabilities, investments, and general financial dealings:
dd: prescribing the manner in which a local authority must disclose, in 1 or more of its long-term plan, annual plan, and annual report,—
i: the planned performance of the local authority against parameters and benchmarks prescribed in regulations made under paragraph (dc)
ii: the actual performance of the local authority against parameters and benchmarks prescribed in regulations made under paragraph (dc) .
3: After section 259(2)
3: Regulations made under subsection (1)(dc)
a: prescribe parameters or benchmarks in any manner, including by—
i: reference to fixed terms (for example, the debt of a local authority in a financial year, generally, should not exceed a fixed sum per resident):
ii: the use of ratios, factors, or other relative terms (for example, the expenditure of a local authority in a financial year, generally, should not increase by more than the ratio of population growth multiplied by the rate of increase of the Consumers Price Index):
iii: reference to circumstances, statistics, or other publicly available information, whether only concerning local authorities and their districts and regions or otherwise; and
b: prescribe parameters or benchmarks in a way that differentiates between different types or classes of local authority (for example, regional councils, territorial authorities, and local authorities with a population, assets, or an average income of its population over or under a specified figure); and
c: prescribe parameters or benchmarks in a way that includes or excludes subsidiaries, including council-controlled organisations, council-controlled trading organisations, and council organisations, of a local authority.
4: The Minister may recommend the making of regulations under subsection (1)(dc)
33: New sections 259C to 259J inserted
After section 259B
259C: Auditor-General must report on disclosures made under certain regulations
1: This section applies to the Auditor-General if regulations are made under section 259(1)(dd)
2: The Auditor-General must report on the completeness and accuracy of the disclosures made by each local authority in the report required from him or her under section 84(4), 94(1), or 99(1), as the case may be.
259D: Regulations may incorporate financial reporting standards by reference
1: Regulations made under section 259(1)(dc)
2: Financial reporting standards may be incorporated by reference in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: Financial reporting standards incorporated by reference in regulations made under section 259(1)(dc)
259E: Effect of amendments to, or replacement of, standards incorporated by reference in regulations
1: An amendment to, or replacement of, a financial reporting standard incorporated by reference in regulations made under section 259(1)(dc) initial regulations subsection (2)
a: the amendment or replacement is made by the External Reporting Board in accordance with the Financial Reporting Act 1993; and
b: the amendment or replacement is of the same general character as the standard amended or replaced; and
c: the initial regulations state that amendments or replacements have this effect.
2: An amendment to, or replacement of, a financial reporting standard has legal effect as part of the initial regulations on and from the dates on which the amendment or replacement takes effect, and commences to apply, under section 28 of the Financial Reporting Act 1993.
259F: Proof of standards incorporated by reference
1: A copy of financial reporting standards incorporated by reference in regulations, including any amendment to, or replacement of, the standards must be—
a: certified as a correct copy by the Secretary; and
b: retained by the Secretary.
2: The production in proceedings of a certified copy of the financial reporting standards is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the standards.
259G: Effect of expiry or revocation of standards incorporated by reference
Financial reporting standards incorporated by reference in regulations made under section 259(1)(dc)
259H: Access to standards incorporated by reference
1: The department responsible for the administration of this Act must—
a: provide electronic access to any financial reporting standards incorporated by reference in regulations made under section 259(1)(dc)
b: make the standards available for inspection during working hours, free of charge, at the department's head office and at any other place that the Secretary determines is appropriate.
2: A failure to comply with this section does not invalidate regulations that incorporate any financial reporting standards incorporated by reference in regulations made under section 259(1)(dc)
259I: Acts and Regulations Publication Act 1989 not applicable to standards incorporated by reference
The Acts and Regulations Publication Act 1989 does not apply to—
a: financial reporting standards incorporated by reference in regulations made under section 259(1)(dc)
b: an amendment to, or replacement of, those standards.
259J: Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
1: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires financial reporting standards that are incorporated by reference in regulations made under section 259(1)(dc)
2: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (1) section 259(1)(dc)
34: Section 260 amended (Amendment of Schedule 2 by Order in Council)
In section 260(3) that gives effect to any reorganisation scheme made under section 25
35: Schedule 2 amended
In Schedule 2, Part 3, clauses 1(4) 2(4) giving effect to a reorganisation scheme made under section 25
36: Schedule 3 replaced
Replace Schedule 3 Schedule 3 Schedule 1
37: Schedule 6 amended
1: In Schedule 6, clause 6
a: replace clause 3 of Schedule 3 clause 19 of Schedule 3
b: replace reorganisation proposals draft proposals
2: In Schedule 6, clause 9(1)(a) giving effect to a reorganisation scheme made under section 25
38: Schedule 7 amended
1: This section amends Schedule 7
2: Replace clause 6
6: Remuneration Authority to determine remuneration
1: The Remuneration Authority must determine the remuneration, allowances, and expenses payable to—
a: mayors, deputy mayors, chairpersons, deputy chairpersons, and members of local authorities:
b: chairpersons of committees of local authorities:
c: chairpersons and members of community boards:
d: chairpersons of committees of community boards:
e: chairpersons and members of local boards:
f: chairpersons of committees of local boards.
2: The Remuneration Authority may also determine the remuneration, allowances, and expenses payable to the following persons, if requested to do so by a local authority:
a: members of the local authority with specified responsibilities other than those listed in subclause (1)
b: members of community boards of the local authority with specified responsibilities other than those referred to in subclause (1)
c: members of local boards with specified responsibilities other than those listed in subclause (1)
3: The Remuneration Authority may do 1 or more of the following things under subclause (1) or (2)
a: fix—
i: scales of salaries:
ii: scales of allowances:
iii: ranges of remuneration:
iv: different forms of remuneration:
b: prescribe—
i: rules for the application of those scales, ranges, or different forms of remuneration:
ii: rules for reimbursing expenses incurred by members:
c: differentiate—
i: between persons occupying equivalent positions in different local authorities, community boards, or local boards:
ii: between persons occupying equivalent positions in the same local authorities, community boards, or local boards:
d: make determinations that apply to individuals, or groups, occupying equivalent positions:
e: approve rules proposed by a local authority for reimbursing expenses incurred by members, subject to any conditions that the Authority thinks fit.
4: The Remuneration Authority may direct a local authority to make publicly available any rules it has approved under subclause (3)(e)
5: The Remuneration Authority may issue separate determinations, at different times, for the different positions listed in subclauses (1) and (2)
6: Clause 7A
7: A determination by the Remuneration Authority under this clause is a regulation for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.
8: In this clause, local boards
3: Insert after clause 7
7A: Matters applying to determinations
1: The Remuneration Authority may make a determination before or after the date on which the determination is to come into force.
2: However, a determination must not come into force earlier than the expiry date of the determination that it supersedes.
3: A determination must specify the date on which it expires.
4: Despite the expiry of a determination, it continues in force to the extent that it is not superseded by another determination.
5: The Remuneration Authority may amend a determination while it is in force.
6: Despite subclause (5)
7: The Remuneration Authority must review and issue a determination for each position listed in clause 6(1)
4: In clause 32(1)
h: the power to adopt a remuneration and employment policy.
5: After clause 36
36A: Remuneration and employment policy
1: A local authority may adopt a policy that sets out the policies of the local authority in relation to—
a: employee staffing levels; and
b: the remuneration of employees.
2: A local authority must review a policy adopted under this clause at intervals of no more than 3 years.
39: Schedule 10 amended
1: This section amends Schedule 10
2: In clause 2(1)(c) social, economic, environmental, or cultural well-being of the
3: In clause 23(d) social, economic, environmental, or cultural well-being of the
4: After clause 32
32A: Employee staffing levels and remuneration
1: An annual report must include a report on the number of employees who were employed by the local authority—
a: on the last day of the financial year to which the report relates; and
b: on the last day of the immediately preceding financial year.
2: For each financial year, the report must state, as at the last day of that year,—
a: the number of full-time employees; and
b: the full-time equivalent number of all other employees; and
c: the number of employees receiving total annual remuneration of less than $60,000; and
d: the number of employees receiving total annual remuneration of $60,000 or more, expressed in bands of $20,000.
3: However, if the number of employees in any band to which subclause (2)(d)
4: In subclause (2) total annual remuneration
5: The report requirement in this clause applies to—
a: the financial year ending 30 June 2013; and
b: each following financial year.
40: Schedule 15 repealed
Repeal Schedule 15
2: Transitional provision and consequential amendments
41: Commissioners and commissions currently appointed under principal Act
A Commissioner appointed under section 255 clause 14(a) Part 10 section 31
42: Transitional provision relating to reorganisation proposals
1: This section applies to a reorganisation proposal made under Schedule 3 Part 1
2: The principal Act continues to apply to the reorganisation proposal as if Part 1
43: Consequential amendments
The enactments listed in Schedule 2 2012-12-05 Auckland Regional Amenities Funding Act 2008 Local Electoral Act 2001 Local Government (Auckland Council) Act 2009 Local Government (Auckland Transitional Provisions) Act 2010 Plumbers, Gasfitters, and Drainlayers Act 2006 Receiverships Act 1993


1: Title
This Act is the Antarctica (Environmental Protection: Liability Annex) Amendment Act 2012.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Principal Act amended
This Act amends the Antarctica (Environmental Protection) Act 1994 OIC Antarctica (Environmental Protection) Act 1994
4: Consent of Attorney-General required for certain proceedings
1: Section 6(1) but subject to subsection (3) any other enactment,
2: Section 6
3: Subsection (1) does not apply to proceedings under sections 37E and 37F
5: New Part 5A inserted
1: The following Part is inserted after section 37
5A: Liability for environmental emergencies
Preliminary provisions
37A: Purpose of Part
The purpose of this Part is to implement New Zealand's obligations under Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty (commonly known as the Liability Annex), which concerns liability for environmental emergencies occurring in Antarctica.
37B: Interpretation for this Part
In this Part, unless the context otherwise requires,— Annex VI Annex Party environmental emergency
a: results in, or imminently threatens to result in, a significant and harmful impact on the Antarctic environment; and
b: occurs after this Part comes into force Environmental Protection Fund Ministry New Zealand operator
a: the operator is a New Zealand resident operator; or
b: the expedition proceeds from New Zealand as its final point of departure for Antarctica; or
c: the expedition uses a New Zealand ship or aircraft New Zealand resident operator operator
a: in the case of a State operator (as identified by an Annex Party), a contractor or subcontractor (other than a natural person) acting on behalf of the State operator:
b: in any other case, an employee, contractor, subcontractor, agent, or other person in the service of the person organising the expedition preventative measures
a: the use of specialised structures or equipment incorporated into the design and construction of facilities and means of transportation:
b: specialised procedures incorporated into the operation or maintenance of facilities and means of transportation:
c: specialised training of personnel prompt and effective response action
a: is taken promptly after an environmental emergency arises; and
b: is as effective as the person who takes, or could take, the response action is reasonably capable of achieving in the circumstances reasonable measures
a: the risks to the Antarctic environment and the rate of natural recovery; and
b: the risks to human life and safety; and
c: technological and economic feasibility response action
a: determining the extent of the emergency and its impact; and
b: taking reasonable measures (including, where appropriate, clean-up) to avoid, minimise, or contain the impact of the environmental emergency. Annex VI Articles 2, 3(2) Responding to environmental emergencies
37C: New Zealand operators to give notice of environmental emergencies
1: A New Zealand operator whose activities give rise to an environmental emergency, or who discovers an environmental emergency, must immediately notify the Ministry of the emergency.
2: A New Zealand operator who, knowing that the operator's activities have given rise to an environmental emergency, fails to comply with subsection (1)
3: For the purposes of this section,—
a: the cause of the environmental emergency is irrelevant to the obligation in subsection (1)
b: a New Zealand operator is deemed to know that the operator's activities have given rise to an environmental emergency if a reasonable person in the circumstances of the operator who was exercising reasonable care would have known of the environmental emergency. Annex VI Article 4(3)
37D: New Zealand operators to take response action
1: A New Zealand operator whose activities give rise to an environmental emergency must take prompt and effective response action.
2: A New Zealand operator who, knowing that, or being reckless as to whether, the operator's activities have given rise to an environmental emergency, fails to take prompt and effective response action commits an offence and is liable on conviction
3: However, a New Zealand operator is not liable to conviction under this section if the environmental emergency, or the failure to take prompt and effective response action, was a result of any of the circumstances described in section 37G(1)(a) to (d) Annex VI Article 5(1) Civil liability for failure to take response action
37E: Recovery of cost of response action taken by others
1: This section applies to an operator—
a: who is a New Zealand operator or a New Zealand resident operator; and
b: whose activities give rise to an environmental emergency; and
c: who fails to take prompt and effective response action.
2: An operator to whom this section applies is liable to pay the costs incurred by any Annex Party in taking response action.
3: An application for an order requiring an operator, other than a New Zealand State operator, to pay the costs incurred in taking response action may be made to the High Court by—
a: the Minister, if the Ministry (either directly or through an agent) took response action on behalf of New Zealand as an Annex Party; or
b: any person on behalf of another Annex Party that took response action, whether the response action was taken directly by the Annex Party or through an agent.
4: An order may be made under this section against an operator whether or not the operator knew of the environmental emergency.
5: An application for an order under this section may not be made more than 3 years after the later of—
a: the date on which the response action was begun; or
b: the date on which the Annex Party that took the response action knew, or ought reasonably to have known, the identity of the operator.
6: However, an application under this section may not be made later than 15 years after the date on which the response action was begun. Annex VI Articles 6(1), (3), 7(1)
37F: Order to pay money where no response action taken
1: This section applies to an operator—
a: who is a New Zealand operator or a New Zealand resident operator; and
b: whose activities give rise to an environmental emergency; and
c: who fails to take prompt and effective response action.
2: If no Annex Party takes prompt and effective response action, an operator to whom this section applies is liable to pay the costs of the response action that should have been undertaken.
3: An application for an order requiring an operator, other than a New Zealand State operator, to pay the costs of response action that should have been taken may be made to the High Court by—
a: the Minister (on behalf of New Zealand as an Annex Party); or
b: a person authorised in writing by any other Annex Party to make the application on its behalf.
4: The order must require the operator to pay an amount of money that the High Court determines represents the costs that would have been incurred if prompt and effective response action had been taken following the environmental emergency.
5: The amount of money specified in an order under this section is payable—
a: directly into the Environmental Protection Fund; or
b: to the Ministry, in which case the Ministry must pay the amount received directly into the Environmental Protection Fund.
6: An order may be made under this section against an operator whether or not the operator knew of the environmental emergency.
7: An application for an order under this section may not be made more than 15 years after the date on which the Annex Party on whose behalf the application is made became aware of the environmental emergency to which the proceedings relate. Annex VI Articles 6(2), (3), 7(3)
37G: Exemptions from liability
1: The High Court may not make an order against an operator under section 37E or 37F
a: an act or omission necessary to protect human life or safety:
b: an event constituting, in the circumstances of Antarctica, a natural disaster of an exceptional character that could not have been reasonably foreseen, either generally or in the particular case, provided that all reasonable preventative measures, designed to reduce the risk of environmental emergencies and their potential adverse impacts, were taken:
c: an act of terrorism:
d: an act of belligerency against the activities of the operator.
2: If the Ministry takes response action under section 37D
3: To avoid doubt, the Ministry is not liable for the failure of a New Zealand operator (other than a New Zealand State operator) to take response action. Annex VI Articles 8(1), (2), 10
37H: Limits on amount of liability
1: The amount of liability under section 37E or 37F
2: The limits on liability referred to in subsection (1) Annex VI Article 9(1), (3)
37I: Joint and several liability
If an environmental emergency arises from the activities of 2 or more operators, the operators are jointly and severally liable, except that an operator who establishes that only part of the environmental emergency resulted from its activities is liable only in respect of that part. Annex VI Article 6(4) .
2: Schedule 2, which sets out the Protocol on Environmental Protection to the Antarctic Treaty, is amended by adding Annex VI, as set out in the Schedule Section 5(1) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013


Callaghan Innovation Act 2012

1: Title
This Act is the Callaghan Innovation Act 2012.
2: Commencement
This Act comes into force on 1 February 2013.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: establish Callaghan Innovation and provide for its main objective, functions, and operating principles; and
b: provide for transitional and other matters.
4: Interpretation
In this Act, unless the context otherwise requires,— board Callaghan Innovation section 7 IRL MBIE Minister Ministry NZTE section 7 RS&T funding section 4 RS&T provider
a: Callaghan Innovation:
b: a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992
c: any other research organisation or person (whether in New Zealand or overseas) undertaking any activity, or providing any service, that enables businesses to undertake, or benefit from, science and technology-based innovation and related activities shareholding Ministers section 10(1) technology platform
5: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
6: Act binds the Crown
This Act binds the Crown.
2: Callaghan Innovation
1: Establishment of Callaghan Innovation
Callaghan Innovation established
7: Callaghan Innovation established
This section establishes Callaghan Innovation.
8: Callaghan Innovation is Crown entity
1: Callaghan Innovation is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
9: Callaghan Innovation's board
The Minister must appoint at least 5, but not more than 9, persons as members of the board.
10: Special advisers
1: The Minister may appoint the chief executive of the Ministry as a special adviser to the board.
2: The function of the special adviser is to assist the board to align its strategies and activities with government policy.
3: The special adviser may attend any meeting of the board (or any committee of the board) but may not vote.
4: The board (or any committee of the board) must give the special adviser sufficient notice of its meetings and copies of all documents and materials to be considered at each meeting.
11: Stakeholder advisory group
1: The Minister may establish a stakeholder advisory group (an advisory group
2: The board must consider any advice it receives from the advisory group.
3: The members of the advisory group must be appointed by the Minister, on terms and conditions that the Minister determines, by written notice to each member.
4: When appointing members of the advisory group, the Minister must—
a: consult with the board and have regard to its views; and
b: ensure, as far as practicable, that—
i: the advisory group's membership is broadly representative of the manufacturing sector, services sector, and RS&T providers; and
ii: the members collectively have sufficient experience and knowledge of the manufacturing sector, of the services sector, and as RS&T providers to give appropriate advice to the board.
5: The Minister may, after consulting the board and having regard to its views, give terms of reference on the topics or subject areas on which the advisory group may advise the board.
6: The advisory group must comply with any terms of reference given by the Minister.
7: The advisory group may determine its own procedure.
12: Board must not delegate certain powers
1: The board must not delegate the power of Callaghan Innovation or the board to—
a: borrow or lend money:
b: acquire or dispose of real property:
c: acquire or dispose of securities:
d: set up a subsidiary:
e: appoint a chief executive of Callaghan Innovation.
2: In other respects, section 73 Callaghan Innovation's main objective, functions, and operating principles
13: Callaghan Innovation's main objective
Callaghan Innovation's main objective is to support science and technology-based innovation and its commercialisation by businesses, primarily in the manufacturing sector and services sector, in order to improve their growth and competitiveness.
14: Callaghan Innovation's functions
1: Callaghan Innovation's functions are to—
a: foster an environment that encourages and supports businesses to improve their growth and competitiveness through science and technology-based innovation and related activities:
b: promote and facilitate networking and collaboration among businesses and between RS&T providers and businesses to assist businesses to undertake, or benefit from, science and technology-based innovation and related activities:
c: facilitate the transfer of knowledge and technology between RS&T providers and businesses:
d: undertake research and development:
e: provide services to businesses that contribute to Callaghan Innovation's main objective:
f: allocate and administer RS&T funding:
g: invest in persons or projects that may assist businesses to undertake, or benefit from, science and technology-based innovation and related activities:
h: perform or exercise any other function or power imposed or conferred on Callaghan Innovation by any other enactment:
i: perform any additional function that the Minister directs under section 112
2: Examples of the ways in which Callaghan Innovation may perform the function specified in subsection (1)(b)
a: supporting the development of technology platforms:
b: encouraging the exchange of staff, students, or other individuals between RS&T providers and businesses:
c: assisting businesses to identify and access grants and other assistance programmes that are intended to support science and technology-based innovation and related activities.
3: Examples of the ways in which Callaghan Innovation may perform the function specified in subsection (1)(e)
a: undertaking research and development in collaboration with, or on behalf of, businesses or RS&T providers (or both):
b: assisting businesses to access (within New Zealand or overseas) relevant expertise, intellectual property, equipment, facilities, or anything else that may assist those businesses to undertake, or benefit from, science and technology-based innovation and related activities:
c: providing information to businesses about potential new technologies or scientific discoveries and assisting businesses to use them, develop them, or exploit them commercially:
d: providing training and advice to assist businesses to undertake science and technology-based innovation and related activities (including how to access and manage technology or intellectual property):
e: providing product analysis, process testing, calibration and certification, or other related measurement services.
15: Operating principles
1: In meeting its main objective, and performing its functions, Callaghan Innovation must—
a: aim to ensure that any activities it undertakes are for the benefit of New Zealand; and
b: proactively engage and collaborate with businesses, other RS&T providers, and other persons that Callaghan Innovation considers relevant to the performance of its functions; and
c: maintain an awareness of international trends and advances in science and technology; and
d: ensure that any activities it undertakes or services it provides are undertaken or provided in an efficient and cost-effective manner that—
i: has regard to businesses' commercial imperatives and time frames; and
ii: utilises existing capability within or among RS&T providers.
2: In addition, in performing the function specified in section 14(1)(f)
a: act fairly and transparently; and
b: implement systems and procedures to enable it to give effect to the principle set out in paragraph (a)
c: make information about those systems and procedures available on its Internet site; and
d: include in its annual report under section 150
3: The Auditor-General must, when carrying out a financial report audit of Callaghan Innovation under section 15 subsection (2)
2: Transition to Callaghan Innovation and other matters
Transfer of IRL
16: IRL to be subsidiary of Callaghan Innovation
1: On the commencement of this Act, IRL—
a: ceases to be a Crown Research Institute and, accordingly, the Crown Research Institutes Act 1992
b: is deemed to be a subsidiary of Callaghan Innovation.
2: On the commencement of this Act, the shareholding Ministers must transfer their shares in IRL to Callaghan Innovation. Transfer of employees
17: Transfer of MBIE and NZTE employees to Callaghan Innovation
1: The chief executive of MBIE must identify the employees of MBIE and the chief executive of NZTE must identify the employees of NZTE—
a: whose duties are, overall, more closely connected with the functions of Callaghan Innovation; and
b: whose positions will, as a result of the establishment of Callaghan Innovation, cease to exist within MBIE or NZTE (as the case may be).
2: An employee who is identified under subsection (1)
3: The employee is not entitled to receive any payment or other benefit on the ground that the position held by the employee in MBIE or NZTE (as the case may be) has ceased to exist if—
a: the position ceases to exist because the duties of the position are more closely connected with the functions of Callaghan Innovation; and
b: the employee is offered equivalent employment by Callaghan Innovation (whether or not the employee accepts the offer).
4: In this section and section 18 equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions that are no less favourable overall than those applying to the employee immediately before the date the offer of employment is made to that employee; and
d: on terms that treat the period of service with the relevant agency (and every other period of service recognised by that agency as continuous service) as if it were continuous service with Callaghan Innovation.
5: This section overrides any provision to the contrary in Part 6A
18: Transfer of employees of IRL subsidiary to Callaghan Innovation
An employee of IRL is not entitled to receive any payment or other benefit on the ground that the employee's position in IRL has ceased to exist if—
a: the position ceases to exist because the chief executive of Callaghan Innovation has determined that the employee's duties will no longer be carried out by IRL; and
b: the employee is—
i: offered equivalent employment by Callaghan Innovation (whether or not the employee accepts the offer); or
ii: offered and accepts other employment in Callaghan Innovation.
19: Terms and conditions of transferred employees
1: The employment of a transferred employee by Callaghan Innovation does not—
a: constitute new employment for the purposes of the KiwiSaver Act 2006
b: treat that employee as a new employee for the purposes of the Employment Relations Act 2000
2: In this section, transferred employee section 17 18
20: Government superannuation fund
1: Any person who, immediately before becoming an employee of Callaghan Innovation, was a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
4: For the purpose of applying the Government Superannuation Fund Act 1956 Consequential amendments
21: Consequential amendments
Amend the enactments set out in the Schedule 2013-02-01 Crown Entities Act 2004 2013-02-01 Ombudsmen Act 1975 2013-02-01 National Standards Regulations 1976


1: Title
This Act is the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012.
2: Commencement
1: Section 10(3)(b)
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 the rest of this Act brought into force 23 April 2014 Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Commencement Order 2014
3: Principal Act amended
This Act amends the Geneva Conventions Act 1958 2012-12-12 Geneva Conventions Act 1958 Section 10(3)(b) comes into force only. The rest of this Act comes into force by OIC. OIC LI 2014/77 2014-04-23 Geneva Conventions Act 1958 The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
1: Principal Act amended
4: Interpretation
1: The definition of the Protecting Power section 2(1) he he or she
2: Section 2(1) the Second Protocol the Third Protocol Schedule 7 .
3: The definition of the Protocols section 2(1) and the Second Protocol , the Second Protocol, and the Third Protocol
4: Section 2(2) of either of
5: Punishment for grave breaches of Conventions or First Protocol
1: The heading to section 3 or Third Protocol
2: Section 3(1) or the Third Protocol the First Protocol
3: Section 3(2)
f: a grave breach of the Third Protocol is a breach of that Protocol involving the perfidious use, in violation of Article 37 of the First Protocol, of the distinctive emblem of the red crystal (as if it were a distinctive emblem specified in paragraph (3)(f) of Article 85 of the First Protocol).
6: Notice of trial of protected persons to be served on Protecting Power, etc
1: Section 4(1)(b) or her him
2: Section 4(2) his his or her
3: Section 4(2)(c) or she he
7: Legal representation of prisoners of war
1: Section 5(2) or her him
2: Section 5(3) or her him
8: Appeals by protected persons
1: Section 6(1) his his or her
2: Section 6(1)(b) or she he
3: Section 6(3) or her his
9: Reduction of sentence, and custody of protected prisoners of war and internees
Section 7(2) or her his
10: Use of Red Cross and other emblems
1: Section 8(1) or her him
2: Section 8(1)
ba: the emblem of a red crystal, composed of a red frame in the shape of a square on edge on a white ground, or the designation Red Crystal .
3: Section 8(2)
a: inserting or she he
b: omitting $1,000 $10,000
4: Section 8
4A: In the case of a trade mark registered before subsection (1)(ba) subsection (1)(ba)
5: Section 8(5)
5: If a person is charged with using a design or wording to which subsection (4) or (4A)
a: that he or she lawfully used that design or wording for that purpose before the passing of this Act or subsection (1)(ba)
b: in a case where he or she is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he or she acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act or subsection (1)(ba)
6: Section 8(6) or she he
11: New section 10 substituted
Section 10
10: Application to Tokelau
1: This Act is in force in Tokelau.
2: In this Act, except in this section, New Zealand
3: Every reference in this Act to the Attorney-General includes, in relation to Tokelau, the Administrator of Tokelau.
4: The other Ministers specified in this Act may exercise the powers conferred on them by this Act in Tokelau.
12: New Schedule 7 added
The Schedule 7 set out in the Schedule
2: Consequential amendment
13: Flags, Emblems, and Names Protection Act 1981 amended
This Part amends the Flags, Emblems, and Names Protection Act 1981
14: Schedule 3 amended
Schedule 3 Red Crystal Red Crescent OIC LI 2014/77 2014-04-23 Flags, Emblems, and Names Protection Act 1981 Not yet in force. The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.


1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose of this Act
The purpose of this Act is to prevent the lapse (expiry or deemed revocation) of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 11 13
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating any of those enactments; or
c: override any presumption that would otherwise apply to any of those enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2011 2012-12-12 Subordinate Legislation (Confirmation and Validation) Act 2011
2: Confirmations and validations
7: Animal Products Act 1999
The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2011 2012-12-12 Animal Products (Fees, Charges, and Levies) Amendment Regulations 2011
8: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Navel Oranges) Order 2012
b: Commodity Levies (Kiwifruit) Order 2012
c: Commodity Levies (Nashi Pears) Order 2012
d: Commodity Levies (Arable Crops) Order 2012
e: Commodity Levies (Cereal Silage) Order 2012
f: Commodity Levies (Maize) Order 2012
g: Commodity Levies (Asparagus) Order 2012 2012-12-12 Commodity Levies (Navel Oranges) Order 2012 Commodity Levies (Kiwifruit) Order 2012 Commodity Levies (Nashi Pears) Order 2012 Commodity Levies (Arable Crops) Order 2012 Commodity Levies (Cereal Silage) Order 2012 Commodity Levies (Maize) Order 2012 Commodity Levies (Asparagus) Order 2012
9: Customs and Excise Act 1996
The following orders are confirmed:
a: Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2011:
b: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2012:
c: Excise and Excise-equivalent Duties Table (Motor Spirits) Amendment Order 2012
d: Customs Export Prohibition (Toothfish) Amendment Order 2012
e: Customs Import Prohibition (Toothfish) Amendment Order 2012 2012-12-12 Excise and Excise-equivalent Duties Table (Motor Spirits) Amendment Order 2012 Customs Export Prohibition (Toothfish) Amendment Order 2012 Customs Import Prohibition (Toothfish) Amendment Order 2012
10: National Animal Identification and Tracing Act 2012
The National Animal Identification and Tracing (Levies) Regulations 2012 2012-12-12 National Animal Identification and Tracing (Levies) Regulations 2012
11: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2012 2012-12-12 Social Security (Rates of Benefits and Allowances) Order 2012
12: Road User Charges Act 2012
The Road User Charges (Rates) Regulations 2012 2012-12-12 Road User Charges (Rates) Regulations 2012
13: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2012 2012-12-12 War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2012


1: Title
This Act is the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 2012-12-12 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: Interpretation
Subparagraph (d)(v) of the definition of designated business group section 5 to be a member of a designated entity
5: Prohibition on false customer names and customer anonymity
Section 38(2)(a) or the and any
6: Failing to report suspicious transaction
Section 92(b)(iv) ; and ; or
7: Time limit for prosecution of offences relating to non-compliance with AML/CFT requirements
Section 104 91 to 97 101 to 103
8: Regulations relating to application of Act
Section 154(1)(k) a member of a specified eligible for inclusion in a


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 2012-12-12 Children, Young Persons, and Their Families Act 1989
4: Expiry of orders
1: Section 296(1) ; or
j: a custody order under section 297B(5); or
k: a custody order under section 307(4).
2: Section 296(2) and (3)
2: The order expires (if it does not expire sooner) when the young person in respect of whom it is made attains the age of 18 years, if it is—
a: an order specified in subsection (1)(a) to (i) and made on or after 1 October 2010; or
b: an order specified in subsection (1)(j) or (k) and made after the date on which the Children, Young Persons, and Their Families Amendment Act 2012 comes into force.
3: The order expires (if it does not expire sooner) 6 months after the young person in respect of whom it is made attains the age of 17 years if it is an order specified in subsection (1)(a) to (i) and made before 1 October 2010.
4: The order expires under section 108 if it is an order specified in subsection (1)(j) and (k) and made before the date on which the Children, Young Persons, and Their Families Amendment Act 2012 comes into force.
5: Interim suspension order
Section 296F(3) or (2)
6: Nature of programmes, who may consent to medical treatment, and related custody orders
Section 297B
7: A custody order under subsection (5) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101, except that—
a: a custody order under subsection (5) expires under section 296 (and so generally not under section 108); and
b: section 365 (which would empower the chief executive to place the young person in a residence established under section 364) does not apply to the young person.
7: Supervision with activity order
Section 307
6: A custody order under subsection (4) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101, except that—
a: a custody order under subsection (4) expires under section 296 (and so generally not under section 108); and
b: section 365 (which would empower the chief executive to place the young person in a residence established under section 364) does not apply to the young person.
8: Privilege for reports
Section 338 section 308C or section 319A section 296M or section 308C or section 314 or section 319A or section 320
9: Access to reports and plans under this Part
1: Section 339(a) section 308C or section 319A section 296M or section 308C or section 314 or section 319A or section 320
2: Section 339(b) section 296M or pursuant to
10: Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395
Section 361
ha: any child or young person who is placed in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an order made under section 297B(5) or 307(4) (except that, under section 297B(7)(b) or 307(6)(b) .
11: Chief executive may place children and young persons in residences
Section 365(5) sections 297B(7)(b) and 307(6)(b) This section is subject to


Dog Control Amendment Act 2012

1: Title
This Act is the Dog Control Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dog Control Act 1996 2012-12-12 Dog Control Act 1996
4: Interpretation
Paragraph (b) of the definition of stock section 2 thar tahr


1: Title
This Act is the Dumping and Countervailing Duties Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dumping and Countervailing Duties Act 1988 2012-12-12 Dumping and Countervailing Duties Act 1988
4: New section 14A inserted
The following section is inserted after section 14
14A: Refund of excess anti-dumping duty paid
1: An importer may apply to the Minister for a refund of excess anti-dumping duty paid in respect of goods imported during an importation period.
2: Excess anti-dumping duty is paid if the total amount of anti-dumping duty in respect of all goods imported during the importation period exceeds the difference between—
a: the export prices of those imported goods; and
b: the normal values of those imported goods.
3: An application for a refund under subsection (1)
a: be made no later than 6 months after the end of the importation period; and
b: be addressed to the Secretary; and
c: be in the form (if any) required by the Secretary; and
d: be accompanied by the documentary evidence specified in subsection (4)
e: state the total amount of refund of excess anti-dumping duty sought for the importation period.
4: An application for a refund must be accompanied by documentary evidence of the following matters in respect of each importation of the goods into New Zealand during the importation period:
a: the date of importation; and
b: the amount of anti-dumping duty paid in respect of the goods; and
c: the export price of the goods; and
d: the normal value of the goods.
5: After receiving an application, the Secretary may require the applicant to provide any further information relating to the application that the Secretary considers necessary.
6: As soon as practicable after receiving an application and any further information required under subsection (5)
7: If the Minister, after considering the application and Secretary's report, is satisfied that excess anti-dumping duty has been paid by the applicant in respect of goods imported during the importation period, the Minister may require Customs to refund that excess anti-dumping duty.
8: In this section, importation period
a: commences on 1 April and ends on 30 September in the same year; or
b: commences on 1 October and ends on 31 March the following year.


Electricity Industry Amendment Act 2012

1: Title
This Act is the Electricity Industry Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Electricity Industry Act 2010 2012-12-12 Electricity Industry Act 2010
4: Class exemptions relating to membership of dispute resolution scheme
Section 111 Minister responsible for Part 4 Minister of Consumer Affairs
5: Schedule 4 amended
The heading to clause 18 related regulated