1: Title
This Act is the Taxation (Limited Partnerships) Act 2008.
2: Commencement
This Act comes into force on 1 April 2008.
1: Amendments to Income Tax Act 2007
3: Income Tax Act 2007
This Part amends the Income Tax Act 2007. 2008-04-01 Income Tax Act 2007
4: New section CB 27B
1: After section CB 27, the following is inserted:
CB 27B: Entering partners’ livestock income
When this section applies
1: This section applies when section HG 10
a: an entering partner acquires partner’s interests in livestock; and
b: the relevant exiting partner has a net loss from the amount of consideration paid or payable by the entering partner for the livestock, ignoring other transactions. Income: default position
2: For the income year in which the entering partner acquires the livestock, the entering partner has income equal to the amount of loss described in subsection (4) subsection (3) Income: election to spread
3: If the entering partner chooses, for the income year in which the entering partner acquires the livestock, and in each of the following 4 years, the entering partner has income calculated using the following formula: loss 5. Definition of item in formula
4: In the formula, loss amount entering partner income income year net loss partner partner’s interests .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
5: New heading and section CB 35 added
1: After section CB 34, the following is added: Partners and partnerships
CB 35: Amounts of income for partners
A person who is a partner has an amount of income to the extent to which an amount of income results from the application of subpart HG amount income partner partnership .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
6: Meaning of asset for sections CU 3 to CU 10
1: Section CU 11(2) is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
7: Amount treated as repayment for purposes of section CU 17: net income
1: Section CU 19(6)(c) is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
8: New heading and section CW 55B added
1: After section CW 55, the following is added: Partners and partnerships
CW 55B: Amounts of exempt income for partners
A person who is a partner has an amount of exempt income to the extent to which an amount of exempt income results from the application of subpart HG amount exempt income partner partnership .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
9: New heading and section CX 62 added
1: After section CX 61, the following is added: Partners and partnerships
CX 62: Amounts of excluded income for partners
A person who is a partner has an amount of excluded income to the extent to which an amount of excluded income results from the application of subpart HG amount excluded income partner partnership .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
10: New heading and section DV 20 added
1: After section DV 19, the following is added: Partners and partnerships
DV 20: Partners
A person who is a partner is allowed a deduction for expenditure or loss to the extent to which the deduction results from the application of subpart HG amount deduction partner partnership .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
11: New section DO 11B inserted
1: After section DO 11, the following is inserted:
DO 11B: Entering partners’ livestock deduction
When this section applies
1: This section applies when section HG 10
a: an entering partner acquires partner’s interests in livestock; and
b: the relevant exiting partner has net income from the amount of consideration paid or payable by the entering partner for the livestock, ignoring other transactions; and
c: the amount paid or payable is not exempt or excluded income of the exiting partner. Deduction: default position
2: For the income year in which the entering partner acquires the livestock, the entering partner has a deduction equal to the amount of income described in subsection (4) , subsection (3) Deduction: election to spread
3: If the entering partner chooses, for the income year in which the entering partner acquires the livestock, and in each of the following 4 years, the entering partner is allowed a deduction calculated using the following formula: income 5. Definition of item in formula
4: In the formula, income amount deduction entering partner excluded income exempt income income year net income partner partner’s interests .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
12: Meaning of asset for sections DU 1 to DU 7
1: Section DU 8(2) is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
13: Financial arrangements, income, and expenditure relevant to criteria
1: Section EW 58(2) is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
14: Section EX 13 repealed
1: Section EX 13 is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
15: Cash basis holder
1: Section EZ 37(10) is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
16: Attribution rule: calculation
1: In section GB 29(2)(b), section HR 1 (Partnerships and joint ventures) section HG 2
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
17: New heading and section GB 50 added
1: After section GB 49, the following is added: Arrangements involving partners
GB 50: Arrangements involving partners
When this section applies
1: This section applies when—
a: a partner of a partnership enters into an arrangement; and
b: the arrangement involves an amount of consideration (the arrangement amount of consideration
c: the arrangement has a purpose or effect of defeating the intent and application of subpart HG Market value amount substituted
2: A market value amount of consideration is substituted for the arrangement amount of consideration. amount arrangement partner partnership .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
18: Section HD 20 replaced
1: Section HD 20 is replaced by the following:
HD 20: Persons carrying on business for absentees
A person is treated as an agent if they carry on in New Zealand a business for an absentee, whether or not the income is received by the agent. absentee agent business income New Zealand
HD 20B: General partners and partners carrying on with or managing business involving absentees
1: This section applies to a person who—
a: in New Zealand carries on a business in a partnership that is not a limited partnership:
b: is a general partner of a limited partnership that carries on a business in New Zealand ignoring section HG 2
2: If the person carries on the business with an absentee or, as a general partner, is responsible for the management of a limited partnership in which a limited partner is an absentee, the person is treated as the agent of the relevant absentee in relation to the absentee’s partnership share of the partnership’s income under section HG 2 absentee agent business general partner income limited partner limited partnership New Zealand partnership partnership share .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
19: New subpart HG
1: After subpart HF, the following is inserted:
HG: Joint venturers, partners, and partnerships
Joint venturers
HG 1: Joint venturers
When this section applies
1: This section applies when 2 or more people derive income jointly or have deductions jointly, and they are not partners in the same partnership. Separate shares
2: Each person must calculate their net income for a tax year taking into account their share of the joint income and deductions. Exclusion
3: This section does not apply to the income derived by and the deductions of an airport operator from activities that are activities undertaken as an airport operator. airport operator deduction income net income partner partnership tax year Partners and partnerships
HG 2: Partnerships are transparent
Look-through in accordance with share
1: For the purposes of a partner’s liabilities and obligations under this Act in their capacity of partner of a partnership, unless the context requires otherwise,—
a: the partner is treated as carrying on an activity carried on by the partnership, and having a status, intention, and purpose of the partnership, and the partnership is treated as not carrying on the activity or having the status, intention, or purpose:
b: the partner is treated as holding property that a partnership holds, in proportion to the partner’s partnership share, and the partnership is treated as not holding the property:
c: the partner is treated as being party to an arrangement to which the partnership is a party, in proportion to the partner’s partnership share, and the partnership is treated as not being a party to the arrangement:
d: the partner is treated as doing a thing and being entitled to a thing that the partnership does or is entitled to, in proportion to the partner’s partnership share, and the partnership is treated as not doing the thing or being entitled to the thing. No streaming
2: Despite subsection (1) Expenditure or loss previously incurred
3: A partner of a partnership may be treated as incurring an expenditure or loss which the partnership incurs ignoring this section, despite the partner not being a partner at the time the expenditure or loss is incurred. This subsection does not allow 2 deductions for 1 expenditure or loss. Excluded amounts
4: Subsection (2)
a: expenditure or loss that relates to a person entering a partnership by acquiring partner’s interests disposed of by another partner, to the extent to which sections HG 5 to HG 10
b: supplementary dividends, to the extent to which subpart LP (Tax credits for supplementary dividends) applies:
c: CTR additional dividends, to the extent to which subpart LQ (Tax credits of conduit tax relief companies) applies:
d: imputation credits, to the extent to which section LE 6 (Partners in partnerships) applies:
e: FDP credits, to the extent to which section LF 4 (Partners in partnerships) applies. arrangement CTR additional dividend FDP credit imputation credit income partner partnership partnership share rebate supplementary dividend tax credit
HG 3: General provisions relating to disposals
Relationship between disposal upon dissolution and disposal safe harbours
1: Section HG 4 sections HG 5 to HG 10 Election out of disposal safe harbours for small partnerships
2: Sections HG 5 to HG 9 Election out for livestock disposals
3: Section HG 10
HG 4: Disposal upon final dissolution
When this section applies
1: This section applies immediately before a partnership is finally dissolved by agreement of the partners, court order, or otherwise, and the partnership’s business ignoring section HG 2 Disposal
2: Each partner of the partnership is treated as disposing of all of their partner’s interests in the partnership to a single third party for a payment equal to the interests’ market value. Receipts upon dissolution
3: Anything received by a partner in relation to the dissolution of the partnership described in subsection (1) Relationship with subject matter
4: This section overrides sections HG 4 to HG 10 dispose entering partner excluded income partner partner’s interests partnership
HG 5: Disposal of partner’s interests
When this section applies
1: This section applies when a person (the exiting partner current interests disposal payment + previous payments − (gross tax value − liabilities) − $50,000. Definition of items in formula
2: In the formula,—
a: disposal payment
b: previous payments other interests
c: gross tax value
d: liabilities Exiting partner: excluded payment
3: The disposal payment described in subsection (2)(a) Exiting partner: no deduction
4: The exiting partner is denied any deduction in relation to the current interests for the income year in which the disposal of the interests occurs and later income years to the extent to which the entering partner is allowed a deduction because of subsection (6) Entering partner: no deduction
5: An entering partner is denied any deduction for the disposal payment described in subsection (2)(a) Entering partner: stepping in
6: For the purposes of calculating the income and deductions of an entering partner for the part of the income year after the disposal of the interests occurs and later income years (the post-disposal periods section HG 12 Exclusion by election
7: This section does not apply for the partners of a small partnership if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 Relationship with section HG 4
8: Section HG 4 deduction dispose entering partner excluded income income tax liability partner partner’s interests partnership partnership share return of income year
HG 6: Disposal of trading stock
When this section applies
1: This section applies when a person (the exiting partner section HG 2 Exiting partner: excluded payment
2: The amount of consideration paid or payable to the exiting partner for the trading stock is excluded income of the exiting partner. Exiting partner: no deduction
3: The exiting partner is denied any deduction in relation to the trading stock for the income year in which the disposal of the trading stock occurs and later income years, to the extent to which the entering partner is allowed a deduction because of subsection (5) Entering partner: no deduction
4: The entering partner is denied any deduction for the amount of consideration paid or payable to the exiting partner for the trading stock. Entering partner: stepping in
5: For the purposes of calculating the income tax liability of an entering partner, the entering partner is treated as if they had acquired and held the trading stock, not the exiting partner. Exclusion by election
6: This section does not apply for the partners of a small partnership if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 Relationship with section HG 4
7: Section HG 4 deduction dispose entering partner excluded income income tax liability partner partner’s interests partnership small partnership trading stock turnover
HG 7: Disposal of depreciable property
When this section applies
1: This section applies when a person (the exiting partner Exiting partner: excluded payment
2: The amount of consideration paid or payable to the exiting partner for the depreciable property is excluded income of the exiting partner. Exiting partner: no deduction
3: The exiting partner is denied any deduction in relation to the depreciable property for the income year in which the disposal of the depreciable property occurs and later income years, to the extent to which the entering partner is allowed a deduction because of subsection (5) Entering partner: no deduction
4: The entering partner is denied any deduction for the amount of consideration paid or payable to the exiting partner for the depreciable property. Entering partner: stepping in
5: For the purposes of calculating the income tax liability of an entering partner for the part of the income year after the disposal of the depreciable property occurs and later income years (the post-disposal periods Exclusion by election
6: This section does not apply for the partners of a small partnership if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 Relationship with section HG 4
7: Section HG 4 deduction depreciable intangible property depreciable property dispose entering partner excluded income income tax liability partner partner’s interests partnership small partnership
HG 8: Disposal of financial arrangements and certain excepted financial arrangements
When this section applies
1: This section applies when a person (the exiting partner section HG 2
a: the purpose for which the financial arrangement or excepted financial arrangement was entered into was necessary and incidental to the business of the partnership; and
b: the partnership does not derive income from a business of holding financial arrangements. Exiting partner: excluded payment
2: The amount of consideration paid or payable to the exiting partner for the relevant financial arrangement or excepted financial arrangement is excluded income of the exiting partner. The exiting partner is, for the relevant financial arrangement, a party that is not required to calculate a base price adjustment, despite section EW 29 (When calculation of base price adjustment required). Exiting partner: no deduction
3: The exiting partner is denied any deduction in relation to the relevant financial arrangement or excepted financial arrangement for the income year in which the disposal of the financial arrangement or excepted financial arrangement occurs and later income years. Entering partner: no deduction
4: The entering partner is denied any deduction for the amount of consideration paid or payable to the exiting partner for the relevant financial arrangement or excepted financial arrangement. Entering partner: stepping in
5: For the purposes of calculating the income tax liability of an entering partner for the part of the income year after the disposal of the relevant financial arrangement or excepted financial arrangement occurs and later income years (the post-disposal periods Exclusion by election
6: This section does not apply for the partners of a small partnership if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 Relationship with section HG 4
7: Section HG 4 deduction disposal entering partner excepted financial arrangement excluded income financial arrangement income tax liability partner partner’s interests partnership small partnership
HG 9: Disposal of short-term agreements for the sale and purchase of property or services
When this section applies
1: This section applies when a person (the exiting partner Exiting partner: excluded payment
2: The amount of consideration paid or payable to the exiting partner for the short-term agreement for the sale and purchase of property or services is excluded income of the exiting partner. Exiting partner: no deduction
3: The exiting partner is denied any deduction in relation to the short-term agreement for the sale and purchase of property or services, to the extent to which the entering partner is allowed a deduction because of subsection (5) Entering partner: no deduction
4: The entering partner is denied any deduction for the amount of consideration paid or payable to the exiting partner for the short-term agreement for the sale and purchase of property or services. Entering partner: stepping in
5: For the purposes of calculating the income tax liability of an entering partner for the part of the income year after the disposal of the short-term agreement for the sale and purchase of property or services occurs and later income years (the post-disposal periods Exclusion by election
6: This section does not apply for the partners of a small partnership if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 Relationship with section HG 4
7: Section HG 4 deduction disposal entering partner excluded income income tax liability partner partner’s interests partnership short-term agreement for the sale and purchase of property or services small partnership
HG 10: Disposal of livestock
When this section applies
1: This section applies when a person (the exiting partner
a: the herd scheme:
b: 1 of the cost price, replacement price, or market value methods described in section EC 25 (Cost price, replacement price, or market value). Entering partner: stepping in
2: For the purposes of calculating the income tax liability of an entering partner for the income year in which the disposal of the relevant non-specified or specified livestock occurs and later income years, the entering partner is treated as if they had originally acquired and held the non-specified or specified livestock, not the exiting partner. Exclusion
3: This section does not apply for the partners of a partnership if they choose that it does not apply, by the partnership furnishing a joint return of income that ignores this section. Relationship with section HG 4
4: Section HG 4 cost price disposal entering partner herd scheme income tax liability partner partner’s interests partnership
HG 11: Limitation on deductions by partners in limited partnerships
When this section applies
1: This section applies for a limited partnership and an income year when, but for this section, a deduction by virtue of section HG 2 or HG 12
a: a limited partner of the limited partnership:
b: a general partner of the partnership who—
i: was a limited partner of the limited partnership within 60 days of the last day of the income year; and
ii: is or will be a limited partner of the limited partnership within 60 days after the last day of the income year. No deduction
2: The partner is denied the deduction for an income year to the extent to which their limited partnership deduction for the income year is greater than the amount (the partner’s basis subsection (3) Partner’s basis
3: For the purposes of subsection (2) investments − distributions + income − deductions − disallowed amount. Definition of items in formula
4: The items in the formula are defined in subsections (5) to (9). Investments
5: Investments
a: the market value of capital contributions made by the partner to the limited partnership at the time the relevant contribution is contributed or agreed to be contributed by them:
b: the amount paid by the partner for the assignment of capital contributions to them:
c: the secured amounts. Distributions
6: Distributions
a: the market value of distributions to the partner from the limited partnership:
b: the amount paid to the partner for the assignment of capital contributions by them. Income
7: Income
a: income that the partner has by virtue of section HG 2
b: capital gain amounts under section CD 44(7)(a) (Available capital distribution amount) that the partner would have by virtue of section HG 2 paragraph (a)
c: assessable income that the partner has in previous income years from goods and services they contributed to the limited partnership, if the income is not accounted for under subsection (5) paragraph (a) or (b) of this subsection Deductions
8: Deductions
a: expenditure or loss in previous income years, to the extent to which the expenditure or loss is incurred by virtue of section HG 2 section HG 2
b: capital loss amounts under section CD 44(9) that the partner would have by virtue of section HG 2 section HG 2 paragraph (a)
c: deductions that the partner is allowed in previous income year in relation to assessable income described in subsection (7)(c) subsection (6) paragraphs (a) or (b) Disallowed amounts
9: Disallowed amount subsection (5) Exclusion
10: This section does not deny a partner (the exiting partner Relationship with subject matter
11: This section is modified by sections HZ 3 and HZ 4 Some definitions
12: In this section,— capital contribution limited partnership deduction sections HG 2 and HG 12 partner’s associate
a: a relative of the partner:
b: a company in the same wholly-owned group as the partner secured amounts
a: the amount of the limited partnership’s debt ignoring section HG 2 debt
b: the amount that results from dividing the amount described in paragraph (a)
c: the amount that is the market value of property against which the guarantee or indemnity may be enforced, treating the partner’s interests as having a market value of zero:
d: the proportion of the amount described in paragraph (c) amount capital contribution deduction dividends entering partner FIF FIF income income income year limited partnership deduction net income net loss partner partner’s associate partnership
HG 12: Limitation on deductions by partners in limited partnerships: carry-forward
When this section applies
1: This section applies when, for an income year, a partner is denied a deduction under section HG 11 Carry-forward
2: The partner is allowed a deduction, for an amount for which the partner is denied a deduction under section HG 11 section HG 11 Relationship with subject matter
3: The deduction allowed under this section is subject to section HG 11 amount deduction income year limited partner .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
20: Section HR 1 repealed
1: Section HR 1 is repealed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
21: New sections HZ 3 and HZ 4
1: After section HZ 2, the following is added:
HZ 3: Special partnerships: transition into limited partnerships and limited partnerships deduction rules
When this section applies
1: This section applies when a special partnership under Part 2 of the Partnership Act 1908—
a: is in existence on 1 April 2008; and
b: is terminated and a limited partnership registered under the Limited Partnerships Act 2008 (the new limited partnership No disposal: same partnership
2: No partners’ interests are disposed of merely because of the termination and succession described in subsection (1)(b) Initial basis
3: For the purposes of applying sections HG 11 and HG 12 section HG 11(3)
a: they may choose to use the market value or the accounting book value of the amounts described in section HG 11(3) sections HG 11 and HG 12
b: they may choose to apply section HG 11(3) Initial basis not less than zero
4: If the application of sections HG 11 and HG 12 disposal limited partnership partner partner’s interests partnership
HZ 4: Overseas limited partnerships: transition into limited partnerships deduction rules
When this section applies
1: This section applies when a limited partnership described in paragraphs (a) and (b) limited partnership overseas limited partnership relevant partner sections HG 11 and HG 12 Initial basis
2: For the purposes of applying sections HG 11 and HG 12 section HG 11
a: they may choose to use the market value or the accounting book value of the amounts described in section HG 11 sections HG 11 and HG 12
b: they may choose to apply section HG 11 Initial basis not less than zero
3: If the application of sections HG 11 and HG 12 limited partnership partner partnership .
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
22: When unincorporated bodies hold certificates
1: In section RE 30, the definition of partnership partner
2: For a person who is not a limited partner in a limited partnership registered under the Limited Partnerships Act 2008
23: Definitions
1: This section amends section YA 1.
2: After the definition of cancellation capital contribution section HG 11(12) .
3: In the definition of company
ab: does not include a partnership:
ac: includes a listed limited partnership:
ad: includes a foreign corporate limited partnership: .
4: In the definition of dispose subpart subpart:
h: for a partner,—
i: includes surrendering or extinguishing some or all of their partner’s interests:
ii: does not include when their partner’s interests may be treated as disposed of by operation of law because another partner disposes of that partner’s interests, unless section HG 4 .
5: After the definition of engaged in full-time work entering partner
a: means a person who acquires a partner’s interests in a partnership:
b: includes a person who is already a partner in the partnership when they acquire another partner’s interests .
6: After the definition of foreign company foreign corporate limited partnership
a: meets the definition of overseas limited partnership section 4
b: is treated as a separate legal entity under the laws (other than taxation laws) of the country, territory, or jurisdiction where it is established .
7: After the definition of general limitation general partner
a: means a general partner of a limited partnership:
b: includes a general partner of an overseas limited partnership section 4 .
8: After the definition of limited attribution company limited partner overseas limited partnership section 4 limited partnership
a: means a limited partnership registered under the Limited Partnerships Act 2008; and
b: includes an overseas limited partnership section 4
c: despite paragraph (a) or (b) limited partnership net deduction section HG 11(12) .
9: After the definition of listed horticultural plant listed limited partnership
a: is a limited partnership registered under the Limited Partnerships Act 2008; or
b: meets the definition of overseas limited partnership section 4 .
10: After the definition of New Zealand-new asset New Zealand partnership
a: is a limited partnership registered under the Limited Partnerships Act 2008; or
b: has 50% or more of its partners’ interests in capital, by value, held by New Zealand residents; or
c: has its centre of management in New Zealand ignoring section HG 2 .
11: The definitions of partner partnership partner
a: means a person who is a member of the partnership:
b: includes—
i: a limited partner of a limited partnership:
ii: a general partner of a limited partnership:
iii: a joint venturer or a co-owner, if they make the relevant choice to be treated as partnership: partner’s associate section HG 11(12) partner’s interests section HG 2 partnership
a: a group of 2 or more persons who have, between themselves, the relationship described in section 4(1) of the Partnership Act 1908:
b: a joint venture, if the joint venturers all choose to be treated as a partnership for the purposes of this Act and the Tax Administration Act 1994:
c: co-owners of property, other than persons who are co-owners only because they are shareholders of the same company, or settlors, trustees, or beneficiaries of the same trust, if the co-owners all choose to be treated as a partnership for the purposes of this Act and the Tax Administration Act 1994:
d: a limited partnership partnership share .
12: In the definition of relative personal services), personal services), HG 11(12)
13: After the definition of small-business person small partnership .
14: In the definition of turnover livestock)) livestock)) and section HG 6 .
15: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
24: Partnerships: partnership and partner
1: After section YB 16(1), the following is inserted: Exception: limited partners
1B: Subsection (1) does not apply if the partner is a limited partner. Instead, a limited partnership and a limited partner are associated persons if the limited partner has a partnership share of 25% or more in a right, obligation, or other property, status, or thing of the limited partnership.
2: In section YB 16, in the list of defined terms, limited partner limited partnership partner partnership partnership share
3: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
25: Partnerships: partnership and associate of partner
1: After section YB 17(1), the following is inserted: Exception: limited partners
1B: Subsection (1) does not apply if the partner is a limited partner. Instead, a limited partnership and a person associated with a limited partner are associated persons if the limited partner has a partnership share of 25% or more in a right, obligation, or other property, status, or thing of the limited partnership.
2: In section YB 17, in the list of defined terms, limited partner limited partnership partner partnership partnership share
3: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
26: Classes of income treated as having New Zealand source
1: After section YD 4(17), the following is inserted: Income from New Zealand partnerships
17B: Income has a source in New Zealand if, treating all of the partners of a New Zealand partnership as resident in New Zealand, the income is treated as having a source in New Zealand under another provision of this section. The application of the other provisions of this section is unaffected if this subsection does not apply.
2: In section YD 4, in the list of defined terms, New Zealand partnership partner
3: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
2: Amendments to other revenue Acts
Tax Administration Act 1994
27: Tax Administration Act 1994
Sections 28 29 Tax Administration Act 1994 2008-04-01 Tax Administration Act 1994
28: Keeping of business records
1: In section 22(4)(b) liquidated. liquidated:
c: by a partner of a partnership, if the partnership retains the records that the partner would be required to retain but for this paragraph.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008
29: Section 42 replaced
1: Section 42
42: Returns by joint venturers, partners, and partnerships
1: This section applies when 2 or more people derive income jointly or have deductions jointly.
2: Despite subsection (1)
3: In the case of partners,—
a: if the partnership of the partner is a limited partnership registered under the Limited Partnerships Act 2008 or is a partnership that would carry on a business in New Zealand ignoring section HG 2
i: the total amount of income derived by the partners as members of the partnership; and
ii: the partners’ partnership shares in the income; and
iii: a summary of the deductions of each partner:
b: there is no joint assessment, but each partner must make a separate return of income under section 33, including the income derived by the partner as a member of the partnership, and the partner’s deductions. Each partner is separately assessed.
4: In any other case, each person shall make a separate return taking into account that person’s share of the joint income and deductions. Each person is separately assessed.
2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 Goods and Services Tax Act 1985
30: Interpretation
In section 2(1) company elsewhere elsewhere, and any limited partnership registered under the Limited Partnerships Act 2008 2008-04-01 Goods and Services Tax Act 1985


Broadcasting Amendment Act 2008

1: Title
This Act is the Broadcasting Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-03-14 Broadcasting Act 1989
3: Principal Act amended
This Act amends the Broadcasting Act 1989
1: Amendments to Broadcasting Act 1989
4: Interpretation
Section 2(1) content
a: programmes:
b: visual images that consist predominantly of alphanumeric text and software intended to—
i: inform, enlighten, or entertain; or
ii: promote the interests of any person; or
iii: promote any product or service transmit on demand .
5: Functions of Commission
1: Section 36 The functions The primary functions
2: Section 36
2: The Commission may also make funds available (on the terms and conditions that it thinks fit and, as far as practicable, in a manner consistent with its primary functions) for—
a: transmitting on demand; and
b: producing content for transmitting on demand; and
c: archiving content.
6: Promotion of New Zealand content in programming
1: Section 37 section 36(a) sections 36(1)(a) and 36(2)(a) and (b)
2: Section 37
ia: persons who have an interest in transmitting on demand in New Zealand and the production of content in New Zealand; and .
3: Section 37(a)(ii) and transmitting on demand broadcasting
4: Section 37
b: promote, in its funding of the production of programmes and content, a sustained commitment by—
i: television and radio broadcasters to programming reflecting New Zealand identity and culture; and
ii: persons who transmit on demand to content reflecting New Zealand identity and culture; and .
7: Matters to be taken into account in relation to funding proposals
1: Section 39 broadcasting or for the production of a programme or programmes to be broadcast, shall broadcasting or transmitting on demand, or for the production of any programme to be broadcast or content to be transmitted on demand, must
2: Section 39(d) a programme or programmes any programme or content
3: Section 39(d) proposed programme or programmes proposed programme or content
4: Section 39(d)(i) paragraphs (a) and (c) of section 36 of this Act section 36(1)(a) and (c) and (2)(b)
5: Section 39(d)(ii) and content programmes
6: Section 39
e: in the case of a proposal for the production of any programme or content, the likelihood that the proposed programme or content, if produced, would be broadcast or transmitted on demand.
8: Requirements in relation to standards
1: Section 40 a programme or programmes any programme or content for broadcast
2: Section 40 the programme or programmes, the programme or content
9: Commission to have regard to Government policy
1: Section 44(2)
a: any programme or content; or
2: Section 44(2)(b) current affairs programmes any current affairs programme or content
10: New section 53B substituted
Section 53B
53B: Functions of Te Reo Whakapuaki Irirangi
1: The primary function of Te Reo Whakapuaki Irirangi is to promote Māori language and Māori culture by making funds available, on the terms and conditions that it thinks fit, for—
a: broadcasting; and
b: producing programmes for broadcasting; and
c: archiving programmes.
2: Te Reo Whakapuaki Irirangi may also make funds available (on the terms and conditions that it thinks fit and, as far as practicable, in a manner consistent with its primary function) for—
a: transmitting on demand; and
b: producing content for transmitting on demand; and
c: archiving content.
11: Consultation
1: Section 53C function functions
2: Section 53C persons who transmit on demand, broadcasters,
12: Matters to be taken into account in relation to funding proposals
1: Section 53E broadcasting or for the production of a programme or programmes to be broadcast, shall broadcasting or transmitting on demand, or the production of any programme to be broadcast or content to be transmitted on demand, must
2: Section 53E
d: in the case of a proposal for the production of any programme or content, the extent to which the proposed programme or content would contribute to Te Reo Whakapuaki Irirangi fulfilling its functions under section 53B; and .
3: Section 53E
e: in the case of a proposal for the production of any programme or content, the likelihood that the proposed programme or content, if produced, would be broadcast or transmitted on demand; and .
13: Te Reo Whakapuaki Irirangi to have regard to Government policy
1: Section 53S(2)
a: any programme or content; or .
2: Section 53S(2)(b) current affairs programmes any current affairs programme or content
2: Miscellaneous
14: Stylistic amendments to Broadcasting Act 1989
The Broadcasting Act 1989 Schedule
15: Spent sections of Broadcasting Act 1989 repealed
The following spent sections of the Broadcasting Act 1989
a: section 92
b: section 93
c: section 94
d: section 95
e: section 96
16: Remedial technical amendment to Television New Zealand Act 2003
1: This section amends the Television New Zealand Act 2003
2: The item relating to the Broadcasting Act 1989 Schedule 1 Preamble Long Title 2008-03-14 Television New Zealand Act 2003


Building Amendment Act 2008

1: Title
This Act is the Building Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-03-15 Building Act 2004
3: Principal Act amended
This Act amends the Building Act 2004
1: Amendments to principal Act
4: Commencement
Section 2(3) 2009 2010
5: Principles to be applied in performing functions, duties, or exercising powers, under this Act
Section 4(2)(k) people persons
6: Interpretation
1: Paragraph (a) of the definition of dam section 7
2: The definition of estimated value section 7 values consideration
3: Paragraph (b) of the definition of owner section 7
ii: for the purposes of sections 32, 44, 92, 96, and 97, any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, and who is bound by the agreement because the agreement is still in force .
4: Section 7 restricted building work restricted building work
a: means building work that is—
i: critical to the integrity of a building, for example, its envelope and structure; and
ii: of a kind declared by the Governor-General by Order in Council to be building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that work; and that Order in Council may relate, without limitation, to certain types or categories of buildings, or parts of buildings specified in the Order in Council; and
b: includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and
c: does not include any building work for which, in accordance with section 41, a building consent is not required .
5: Section 7 consideration large dam prescribed fee .
7: Building: what it does not include
Section 9
ab: a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or .
8: Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
1: Section 14(3)(b) sections 40 to 116, 220 to 232, and 276 to 281 sections 40 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374
2: Section 14(4) sections 31 to 116, 220 to 232, and 276 to 281 sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374
9: Compliance documents to be available on Ministry’s website
Section 25A
10: Content of project information memorandum
Section 35(1) ; and
i: if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—
i: section 118 (relating to access and facilities for persons with disabilities to and within buildings); and
ii: the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.
11: How to apply for building consent
1: Section 45
2: If an application for a building consent relates to design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, any plans and specifications referred to in subsection (1) that accompany the application must—
a: be prepared by, or under the supervision of, 1 or more licensed building practitioners; and
b: be the subject of a memorandum—
i: prepared by 1 or more licensed building practitioners who carried out or supervised the restricted building work; and
ii: that identifies that work; and
iii: that is provided with the plans and specifications.
2: Section 45(3)
3: Section 45(4) certification memorandum
12: Waiver or modification may only be granted by chief executive in certain cases
Section 69(1)(b) people persons
13: Building consent for building on land subject to natural hazards must be granted in certain cases
Section 72 that is a territorial authority a building consent authority
14: Conditions on building consents granted under section 72
Section 73(1) that is a territorial authority A building consent authority
15: Licensed building practitioner must carry out or supervise restricted building work
Section 84 whose licence authorises him or her who is licensed
16: Offences relating to carrying out or supervising restricted building work
1: Section 85(1) whose licence authorises the practitioner who is licensed
2: Section 85(1A) his or her licence does not authorise him or her he or she is not licensed
17: Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
Section 86(1)(b)(ii) whose licence authorises him or her who is licensed
18: Licensed building practitioner to certify restricted building work
1: The heading to section 88 or provide memorandum about certify
2: Section 88
1: Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,—
a: provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and
b: if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent.
3: Section 88(4)
a: omitting A certificate A memorandum provided or certificate
b: omitting the certificate the memorandum or certificate
19: Application for code compliance certificate
Section 92
2A: If applicable, the owner must include with the application any memoranda provided by licensed building practitioners under section 88(1)(a).
20: New section 95A inserted
The following section is inserted after section 95
95A: Refusal to issue code compliance certificate
If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal.
21: New section 99A inserted
The following section is inserted after section 99
99A: Refusal of application for certificate of acceptance
If a territorial authority refuses to grant an application for a certificate of acceptance, the territorial authority must give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal.
22: Content of compliance schedule
Section 103(1)(c) or other persons licensed building practitioners
23: New section 104A inserted
The following section is inserted after section 104
104A: Territorial authority must issue statement in relation to compliance schedule
A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).
24: Annual building warrant of fitness
Section 108(5)
aa: fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or .
25: Owner must obtain reports on compliance schedule
Section 110(a) or other person licensed building practitioner
26: Buildings with specified intended lives
Section 113(1) 50 years or less less than 50 years
27: Access symbol must be displayed
1: The heading to section 120 Access symbol Symbols of access
2: Section 120 access symbol symbols of access
28: New heading and section 133A inserted
The following heading and section are inserted after the subpart 7 Dams to which provisions of this subpart apply
133A: Dams to which subpart 7 provisions apply
1: Sections 157 to 159 apply to all dams.
2: The other provisions in this subpart apply only to large dams.
29: Review of dam safety assurance programme
Section 146
2: The owner must also review the dam safety assurance programme—
a: if, at any time,—
i: building work that requires a building consent is carried out on the dam; and
ii: the building work results, or could result, in a change to the potential impact of the dam on persons, property, or the environment; or
b: when requested by the regional authority to do so, if the dam is an earthquake-prone dam or a flood-prone dam.
30: New section 150A inserted
The following section is inserted after section 150
150A: Annual dam compliance certificate requirements not to apply to accredited dam owner
Section 150 does not apply to an accredited dam owner.
31: Meaning of dangerous dam
1: Section 153
b: is likely to fail—
i: in the ordinary course of events; or
ii: in a moderate earthquake (as defined in the regulations); or
iii: in a moderate flood (as defined in the regulations).
2: Section 153(c)
32: New section 153A inserted
The following section is inserted after section 153
153A: Meaning of earthquake-prone dam and flood-prone dam
1: A dam is an earthquake-prone dam for the purposes of this Act if the dam—
a: is a high potential impact dam or a medium potential impact dam; and
b: is likely to fail in an earthquake threshold event (as defined in the regulations).
2: A dam is a flood-prone dam for the purposes of this Act if the dam—
a: is a high potential impact dam or a medium potential impact dam; and
b: is likely to fail in a flood threshold event (as defined in the regulations).
33: Regional authority must adopt policy on dangerous dams
1: The heading to section 161 , earthquake-prone dams, and flood-prone dams
2: Section 161(1) within its district , earthquake-prone dams, and flood-prone dams within its region
34: Form and content of notice to fix
Section 165(1)
f: if it relates to building work, it may direct that the site be made safe immediately and that all or any building work cease immediately (except any building work necessary to make the site safe) until the responsible authority is satisfied that the person carrying out the work is able and willing to resume operations in compliance with this Act and the regulations.
35: Special provisions for notices to fix from building consent authority
1: Section 166(1) that is not a territorial authority or a regional authority
2: Section 166(2) or a regional authority that is not a territorial authority
36: Application for determination
1: Section 177(c)
iia: grant or refuse an exemption from building consent requirements under paragraph (k) of Schedule 1; or .
2: Section 177(f) under subpart 5 of Part 2
37: Heading above section 191 amended
The heading above section 191 or regional authorities
38: Effect of suspension
1: Section 198(1) An authority A building consent authority
2: Section 198(3)
a: by omitting an authority a building consent authority
b: by omitting the person the authority
39: Appeals to District Court
1: Section 208(1)(b)(i) or, as the case may be, a regional authority
2: Section 208(2)(c) or, as the case may be, the regional authority
40: Territorial authority must keep information about buildings
Section 216(2)(b)
iva: memoranda provided by licensed building practitioners under section 45(2) or 88(1)(a): .
41: Heading to subpart 3 of Part 3 amended
The heading to subpart 3 or regional authority
42: New heading and section 249A inserted
The following heading and section are inserted after section 249 Audit fees
249A: Fees for audits
A building consent accreditation body may charge an accredited building consent authority the prescribed fee (if any) for an audit conducted under section 249(a) by the building consent accreditation body on the building consent authority.
43: Accreditation
Section 250 and on payment by the person of the prescribed fee (if any), section 253,
44: Application for accreditation
1: Section 253(c) (if any); and (if any).
2: Section 253(d)
45: New heading and section 257A inserted
The following heading and section are inserted after section 257 Audit fees
257A: Fees for audits
A dam owner accreditation body may charge an accredited dam owner the prescribed fee (if any) for an audit conducted under section 257(a) by the dam owner accreditation body on the accredited dam owner.
46: Accreditation
1: Section 258(1) and on payment by the person of the prescribed fee (if any), subsection (3),
2: Section 258(3)(c) (if any); and (if any).
3: Section 258(3)(d)
47: New heading and section 262A inserted
The following heading and section are inserted after section 262 Audit fees
262A: Fees for audits
A product certification accreditation body may charge an accredited product certification body the prescribed fee (if any) for an audit conducted under section 262(1)(a) by the product certification accreditation body on the accredited product certification body.
48: Accreditation
Section 263 and on payment by the person or body of the prescribed fee (if any), section 265,
49: Application for accreditation
1: Section 265(c) (if any); and (if any).
2: Section 265(d)
50: New section 266 substituted
Section 266
266: Suspension or revocation of accreditation
1: A product certification accreditation body or the chief executive may, at any time, suspend or revoke the accreditation under section 263 of a product certification body, if the product certification accreditation body or chief executive—
a: is satisfied that the product certification body no longer meets the prescribed criteria and standards for accreditation; and
b: has first given the product certification body concerned a reasonable opportunity to be heard.
2: A product certification accreditation body that, or chief executive who, suspends the accreditation of a product certification body must—
a: give the product certification body a reasonable period to meet the criteria and standards prescribed for accreditation; and
b: lift the suspension if it or he or she is satisfied that the product certification body meets those standards and criteria within that period.
3: A product certification accreditation body or the chief executive may revoke the accreditation of a product certification body at the expiry of the period given in subsection (2)
4: Despite subsections (1) and (3)
a: the prescribed criteria and standards for accreditation are amended; and
b: the product certification body no longer meets those criteria and standards solely as a result of the amendments.
5: The limit in subsection (4)
51: Product certification accreditation body must notify chief executive of grant or revocation of accreditation
1: The heading to section 267 , suspension, lifting of suspension, grant
2: Section 267(1) , suspends, lifts the suspension of, grants
3: Section 267(2)(b) , suspension, lifting of suspension, grant
52: New section 271 substituted
Section 271
271: Suspension or revocation of product certificate
1: A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time, suspend or revoke that product certificate if the product certification body or chief executive has first given the proprietor of the building method or product a reasonable opportunity to be heard, and the product certification body or chief executive is satisfied that—
a: the certificate has been obtained by fraud, misrepresentation, or concealment of facts; or
b: the building method or product no longer meets the prescribed criteria and standards for certification (whether this becomes apparent as a result of an annual review of a product certificate under section 270 or otherwise); or
c: any certification, or similar authorisation issued or granted in respect of that building method or product, has been revoked or cancelled for any reason; or
d: the building code no longer applies to the building method or product because of an amendment to the code.
2: A product certification body that, or chief executive who, suspends a product certificate must—
a: give the proprietor of the building method or product a reasonable period to rectify the matter that led to the suspension of the product certificate; and
b: lift the suspension if it or he or she is satisfied that the product certification body has rectified the matter within that period.
3: A product certification body or the chief executive may revoke the product certificate at the expiry of the period given in subsection (2)
4: Despite subsections (1) and (3)
a: the prescribed criteria and standards for certification are amended; and
b: the building method or product to which the certificate relates no longer meets those criteria and standards solely as a result of the amendments.
5: The limit in subsection (4)
53: Product certification body must notify chief executive of issue and revocation of certificate
1: The heading to section 272 , suspension, lifting of suspension, issue
2: Section 272(1) , suspends, lifts the suspension of, issues
3: Section 272(2)(b) , suspension, lifting of suspension, issue
54: Definitions for this Part
1: Paragraph (a) of the definition of applicable minimum standards for licensing section 282 class of licence licensing class
2: The definition of building inspection work section 282
e: inspection, maintenance, or reporting procedures stated in a compliance schedule .
55: New heading and section 282A inserted
The following heading and section are inserted after section 282 Purposes of licensing
282A: Purposes of licensing building practitioners
The purposes of licensing building practitioners under this Act are—
a: to assess and record building practitioners as having certain skills and knowledge relevant to building work; and
b: to license building practitioners so that, in regard to restricted building work, licensed building practitioners can carry it out or supervise it.
56: New heading and section 285 substituted
Section 285 Licensing classes
285: Licensing classes may be designated by regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister, designate a licensing class or classes for carrying out or supervising particular types of—
a: building work:
b: building inspection work.
57: Entitlement to licence
1: The heading to section 286 licence be licensed
2: Section 286(b) holding a licence being licensed
58: Applications for licence
1: The heading to section 287 for licence to become licensed
2: Section 287 for a licence to become licensed
59: Registrar to license applicant or decline application
1: Section 288(1)
a: license the applicant; and .
2: Section 288(1)(b) of the issue of that licence that he or she has been licensed
60: Duty to produce evidence of issue of licence
1: The heading to section 289 issue of licence being licensed
2: Section 289(a) the issue of a licence sent to that person being licensed sent to the licensed building practitioner
61: New section 290 substituted
Section 290
290: Term of being licensed
Licensing continues in force until it is cancelled or suspended under this subpart.
62: Automatic licensing of people registered under other enactments
1: Section 291(2) hold a licence of were licensed in
2: Sections 291(3)
3: A person who is treated as being licensed in a particular class or classes under subsection (2) may not apply under this Act to be licensed in another class that is substantially equivalent to the class of licensing in which he or she is treated as being licensed.
4: The licensing provisions of this subpart do not apply to a person who is treated under this section and the rules as if he or she were licensed (for example, he or she need not apply to become licensed or pay any fees under this subpart).
63: Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed
1: The heading to section 292 to be licensed
2: Section 292(3) licence licensing
64: Consequences of failure to meet applicable minimum standards for licensing
Section 293 licence licensing
65: New heading above section 294 substituted
The heading above section 294 Licensing cancellation and suspension
66: Cancellation of licence
1: The heading to section 294 licence licensing
2: Section 294 licence licensing
67: Mandatory suspension of licence
1: Section 295 Mandatory licensing suspension
2: Section 295 licence licensing
68: Voluntary suspension of licence
1: Section 296 Voluntary licensing suspension
2: Section 296 licence licensing
69: Effect of suspension of licence
1: Section 297 Effect of licensing suspension
2: Section 297 licence licensing
70: Register of licensed building practitioners
Section 298(1) rules regulations
71: Purpose of register
Section 299(a)(i) licence licensing
72: Form of register
Section 300(3) practical necessary or practical or appropriate
73: Matters to be contained in register
1: Section 301(1)(l) licence licensing
2: Section 301(1)(l)(i) of licence held by the person in which the person is licensed
3: Section 301(2)(a) licence person’s licensing
74: Obligation to notify Registrar of change in circumstances
Section 302(1) applicant for a licence person applying to become licensed
75: Registrar must contact licensed building practitioners on annual basis
1: Section 303(3) licence licensing
2: Section 303(4)(a) licence licensing
3: Section 303(5)(a) licence licensing
76: Functions of Registrar
Section 311(b) licences persons’ licensing
77: Certificate of Registrar to be conclusive evidence
Section 313(2)(c) authorised licensed
78: Offences relating to licensing
Section 314(3)(a) the issue of a licence being licensed
79: Board must investigate complaints
Section 316(2)(a) holds a licence is licensed
80: Grounds for discipline of licensed building practitioners
1: Section 317(1)
c: a licensed building practitioner has carried out or supervised restricted building work or building inspection work of a type that he or she is not licensed to carry out or supervise; or .
2: Section 317(1)
da: a licensed building practitioner has failed, without good reason, in respect of a building consent that relates to restricted building work that he or she is to carry out or supervise, or has carried out or supervised, (as the case may be),—
i: to provide a memorandum, in accordance with section 45(2)(b), about any plans and specifications required to accompany the building consent application; or
ii: to provide the persons specified in section 88(2) with a memorandum, on completion of the restricted building work, in accordance with section 88(1); or
db: a licensed building practitioner has held himself or herself out as being licensed to carry out or supervise building work or building inspection work of a type that, at that time, he or she was not licensed to carry out or supervise; or .
3: Section 317(1)(e) obtaining a licence (either for himself or herself or for any other person) becoming licensed himself or herself, or for the purpose of any other person becoming licensed
81: Disciplinary penalties
1: Section 318(1)(a)(i) licence licensing
2: Section 318(1)(b) licence licensing
3: Section 318(1)(c) class of licence that he or she holds person’s licensing class or classes
82: Non-payment of fines or costs
Section 319 licence licensing
83: Right of appeal
1: Section 330(1)(b) licence licensing
2: Section 330
2: A person may appeal to a District Court against any decision of the Board—
a: made by it on an appeal brought under subsection (1); or
b: to take any action referred to in section 318.
84: Form and content of annual report
Section 348(1)(b) class of licence licensing class
85: Rules relating to licensed building practitioners
1: Section 353(1) class of licence licensing class
2: Section 353(2) a licence licensing
86: District Court may grant injunctions for certain continuing breaches
Section 381(1)(a) section 165 section 168
87: Regulations: general
1: Section 402(1)(d) licence evidence of being licensed
2: Section 402(1)
na: designating a licensing class or classes for carrying out or supervising particular types of—
i: building work; or
ii: building inspection work: .
3: Section 402(1)
qa: defining earthquake threshold event for the purposes of section 153A
qb: defining flood threshold event for the purposes of section 153A .
4: Section 402(1)
ta: prescribing the fees payable for an audit under section 249(a), 257(a), or 262(1)(a), or the rate at which, or method by which, those fees are to be calculated: .
5: Section 402(1)
w: prescribing—
i: the matters in respect of which fees are payable under this Act, and the amount of those fees; or
ii: the rate at which, or method by which, fees are to be calculated for the purposes of this Act: .
88: Incorporation of material by reference into regulations and compliance document
1: The heading to section 405 , certain Orders in Council, regulations
2: Section 405(1) regulations or compliance document ( instruments instrument
3: Section 405
4: In this section and in sections 406 to 413, instrument
a: any regulations; and
b: any compliance document; and
c: any Order in Council made under section 41 or 285.
89: Outline of transitional provisions
Section 416(1)(g) 2009 2010
90: Transitional provision for code compliance certificates and compliance schedules issued under former Act
Section 438 2009 2010
91: Amendment to Schedule 1
1: Schedule 1
a: any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976, except—
i: complete or substantial replacement of a specified system; or
ii: complete or substantial replacement of any component or assembly contributing to the building’s structural behaviour or fire-safety properties; or
iii: repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or
iv: repair or replacement of any water storage heater connected to a solid-fuel heater or other supplementary heat exchanger, except for the repair, or replacement with a comparable heater, of any open-vented water storage heater using the same pipework:
ab: the opening and reinstatement of any purpose-made access point within a drainage system that—
i: is not a NUO system or part of a NUO system; and
ii: is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976: .
2: Schedule 1
b: the construction of any motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is a simple structure and is owned or controlled by a network utility operator or other similar organisation: .
3: Paragraph (d) of Schedule 1 , in each case hoarding
4: Schedule 1
da: the construction of any dam that is not a large dam: .
2: Validation and transitional provisions
92: Validation in respect of levies on estimated value of building work
1: For the purpose of determining the calculation of any relevant levy on building work, the principal Act must be read as if at all material times it contained the definition of estimated value section 7 section 6
2: In this section, relevant levy
a: imposed under section 53
b: calculated in accordance with section 53(2)(a)
c: prescribed in the Building Levy Order 2005
d: paid to the chief executive by the applicant for a building consent.
93: Transitional provision for content of project information memorandum
A territorial authority that issues a project information memorandum need not comply with section 35(1)(i)
94: Transitional provision for refusal of application for code compliance certificate
1: This section applies to a code compliance certificate application—
a: made under section 92 section 436
b: in respect of which a building consent authority has not made a decision under section 93
2: A building consent authority that refuses to issue a code compliance certificate in respect of an application to which this section applies need not comply with section 95A
95: Transitional provision for refusal of application for certificate of acceptance
1: This section applies to an application for a certificate of acceptance—
a: made under section 97 section 437
b: in respect of which a territorial authority has not granted or refused a certificate of acceptance before the commencement of this Act.
2: A territorial authority that refuses to issue a certificate of acceptance in respect of an application to which this section applies need not comply with section 99A


1: Title
This Act is the Misuse of Drugs (Classification of BZP) Amendment Act 2008.
2: Commencement
This Act comes into force on 1 April 2008. 2008-04-01 Misuse of Drugs Act 1975 Misuse of Drugs Amendment Act 2005
3: Principal Act amended
This Act amends the Misuse of Drugs Act 1975
1: Amendments to principal Act and amnesty provision
Amendments to principal Act
4: Schedule 3 amended
Part 1 Schedule 1
5: Schedule 5 amended
Clause 1 Schedule 2 Amnesty provision Heading repealed 1 October 2008
6: Amnesty in relation to use and possession for personal use of BZP
2008-10-01 s 6 Section 6 expired 1 October 2008
2: Amendment to Misuse of Drugs Amendment Act 2005
7: Misuse of Drugs Amendment Act 2005 amended
This Part amends the Misuse of Drugs Amendment Act 2005
8: Schedule 4 amended
The item relating to BZP in Schedule 4


Biosecurity Amendment Act 2008

1: Title
This Act is the Biosecurity Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-03-27 Biosecurity Act 1993
3: Principal Act amended
This Act amends the Biosecurity Act 1993
4: Deputy chief technical officers
Section 102(2) , including the power to appoint inspectors, authorised persons, and accredited persons under this Act


Cadastral Survey Amendment Act 2008

1: Title
This Act is the Cadastral Survey Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-03-27 Cadastral Survey Act 2002
3: Principal Act amended
This Act amends the Cadastral Survey Act 2002
4: New section 34 substituted
Section 34
34: Interpretation
In this Part, unless the context otherwise requires,— licensed cadastral surveyor cadastral surveyor professional misconduct
5: Complaints of professional misconduct
Section 35(4) or the chief executive the Surveyor-General
6: Regulations
Section 48
2A: A cadastral surveyor must comply with regulations made under subsection (1) unless the chief executive has determined that it is impractical or unreasonable to provide or receive a cadastral survey dataset, or specified parts or classes of cadastral survey datasets, as digital cadastral survey datasets for the purposes of subsection (1).
7: Correction of errors in survey
1: Section 52(1)
a: inserting , or arrange to be undertaken, to undertake
b: adding within a time that the Surveyor-General considers reasonable
2: Section 52
3: In subsection (1), cadastral surveyor
8: Schedule 2 amended
Clause 1(g) or the chief executive the Surveyor-General


Crimes Amendment Act 2008

1: Title
This Act is the Crimes Amendment Act 2008.
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 Crimes Act 1961 2008-03-27 Crimes Act 1961
4: Arrest of persons found committing certain crimes
Section 35(a) that is punishable by death or


1: Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2008.
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 Criminal Investigations (Bodily Samples) Act 1995 2008-03-27 Criminal Investigations (Bodily Samples) Act 1995
4: Interpretation
Section 2(1) video record .
5: Consent to taking of bodily sample
1: Section 9(1)(b) videotape video record
2: Section 9(3) videotape video record
6: Consent to taking of buccal sample
1: Section 24G(1)(b) videotape video record
2: Section 24G(3) videotape video record
7: Consent to taking of bodily sample
1: Section 34(1)(b) videotape video record
2: Section 34(3) videotape video record


District Courts Amendment Act 2008

1: Title
This Act is the District Courts Amendment Act 2008.
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 District Courts Act 1947 2008-03-27 District Courts Act 1947
4: Schedule 1A amended
Part 2 sections 132(2)


Fisheries Amendment Act 2008

1: Title
This Act is the Fisheries Amendment Act 2008.
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 Fisheries Act 1996 2008-03-27 Fisheries Act 1996
4: Determination that stock or species be subject to quota management system
Section 17B(5)(b)
ii: the moratorium on the issue of fishing permits for that stock or species under section 93 ceases to apply with effect on and from the first day of the fishing year for that stock or species that follows the date of that notification; and
iii: the stock or species concerned must be removed from Schedule 4C from the first day of that fishing year following the date of the notification, and the notice must amend Schedule 4C (including any appropriate consequential amendments) accordingly.
5: Matters to be included in notice under section 18
Section 19(5A) or section 41
6: Notification of eligibility to receive provisional catch history
Section 35(3)
a: that eligibility for provisional catch history for the stock has been determined and notified under subsection (2); and .
7: Certain notices to have status of regulations
Section 303(2)
a: by inserting 186ZE, 186Q,
b: by inserting 265A, 188,


Historic Places Amendment Act 2008

1: Title
This Act is the Historic Places Amendment Act 2008.
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 Historic Places Act 1993 2008-03-27 Historic Places Act 1993
4: New section 43A inserted
The following section is inserted after section 43
43A: Extraordinary vacancies
1: An extraordinary vacancy occurs if an elected member of the Board—
a: dies while in office; or
b: resigns his or her office; or
c: is removed from office.
2: If an extraordinary vacancy occurs, it must be filled in the same manner as that of the person whose office has become vacant.
3: A person who is elected to fill an extraordinary vacancy may hold office for the remainder of the term for which the vacating member of the Board was to hold office.
4: This section does not apply if the extraordinary vacancy occurs within 12 months of the expiry of the term of office for the vacating member of the Board.
5: Other offences
Section 104(d) and destroys or destroys


Misuse of Drugs Amendment Act 2008

1: Title
This Act is the Misuse of Drugs Amendment Act 2008.
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 Misuse of Drugs Act 1975 2008-03-27 Misuse of Drugs Act 1975
4: Evidence of analysis
The definition of member of the police section 31(5)
c: a member of the Senior Air Security Specialist trade, or of the Air Security Specialist trade, of the Royal New Zealand Air Force:
d: an officer of the Air Security specialisation of the Operational Support Branch of the Royal New Zealand Air Force .


1: Title
This Act is the New Zealand Horticulture Export Authority Amendment Act 2008.
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 New Zealand Horticulture Export Authority Act 1987 2008-03-27 New Zealand Horticulture Export Authority Act 1987
4: Membership
1: Section 10(1)(a)(ii) any either
2: Section 10
3: The bodies referred to in subsection (1)(a)(ii) and (b) are the bodies that, on the commencement of the New Zealand Horticulture Export Authority Amendment Act 2008


National Parks Amendment Act 2008

1: Title
This Act is the National Parks Amendment Act 2008.
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 National Parks Act 1980 2008-03-27 National Parks Act 1980
4: Approval of management plans
Section 48(1) 47(4) 47(6)


Radiocommunications Amendment Act 2008

1: Title
This Act is the Radiocommunications Amendment Act 2008.
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 Radiocommunications Act 1989 2008-03-27 Radiocommunications Act 1989
4: Aggregation of current and successive management rights
Section 47A(1)(c)(iv)
iv: the same conditions applying to spectrum licences created in relation to those records; and .


Reserves Amendment Act 2008

1: Title
This Act is the Reserves Amendment Act 2008.
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 Reserves Act 1977 2008-03-27 Reserves Act 1977
4: Powers of Commissioner of Crown Lands
The heading to section 62 of Crown Lands


Summary Proceedings Amendment Act 2008

1: Title
This Act is the Summary Proceedings Amendment Act 2008.
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 Summary Proceedings Act 1957 2008-03-27 Summary Proceedings Act 1957
4: Schedule 1 amended
1: Part 1 236(2) Assault with intent to rob
2: Part 2


Veterinarians Amendment Act 2008

1: Title
This Act is the Veterinarians Amendment Act 2008.
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 Veterinarians Act 2005 2008-03-27 Veterinarians Act 2005
4: Entitlement to registration
Section 6(1) has is a fit and proper person to be registered and has, or is eligible to have,
5: Entitlement to registration as specialist
1: Section 7(1) , by notice in the Gazette
2: Section 7(1)(b) notice designation
6: Disqualification from registration
1: Section 9(a)(i) , within the last 7 years,
2: Section 9(b) in another country in New Zealand or elsewhere
7: Application for registration
Section 10
10: Application for registration
An application for registration must be made to the Council and must—
a: be made in a form determined by the Council; and
b: contain the information determined by the Council; and
c: be accompanied by the prescribed fee.
8: Application for limited registration
Section 14(2)
ab: is a fit and proper person to be registered; and .
9: Application for practising certificate
Section 24
2: An application under subsection (1) must—
a: be made in a form determined by the Council; and
b: contain the information determined by the Council; and
c: be accompanied by the prescribed fee.
10: Decision of complaints assessment committee
Section 43
2A: Despite subsections (1) and (2), the complaints assessment committee may make a recommendation to the Council without investigating, or fully investigating, a complaint or referral if the committee considers that the complaint or referral—
a: relates to the competence of the specified person; or
b: relates to a medical issue; or
c: requires urgent action by the Council.
11: Competence assessments
Section 58(1) or of its own motion committee
12: Functions of Council
1: Section 75(e)(ii) : ; and
2: Section 75
iii: to designate branches of veterinary science as branches in which veterinarians may practise as specialists for the purposes of section 7(1); and
iv: to determine the form and content of applications for the purposes of sections 10(a) and (b) 24(2)(a) and (b) .
3: Section 75(j)(ii)
4: Section 75(j)(iv)
13: Schedule 1 amended
Clause 17(2) to hold a hearing, suspend or revoke a practising certificate or registration, or impose penalties or conditions powers


1: Title
This Act is the Appropriation (2006/07 Financial Review) Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purposes
The purposes of this Act are to—
a: confirm financial matters relating to the financial year ended 30 June 2007; and
b: validate other financial matters relating to the financial year ended 30 June 2007 and previous financial years.
4: Interpretation
In this Act, unless the context otherwise requires, the terms capital expenditure department expenses financial year output expenses Vote section 2(1)
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2007
6: Confirmation of expenses incurred in excess of existing appropriations and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B subsections (2) and (3)
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1
3: The approved expenses are shown in each case in column 5 of Schedule 1
7: Validation of unappropriated expenses and capital expenditure
1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2)
2: The circumstances are that for the financial year ended 30 June 2007, the department incurred expenses or capital expenditure—
a: in excess of the existing appropriations set out in column 3 of Schedule 2
b: without appropriation, or other authority, by or under an Act (as specified in column 4 of Schedule 3 column 3 of Schedule 3
3: In this section,— capital expenditure column 5 Schedule 2 3 department column 1 Schedule 2 3 expenses column 5 Schedule 2 3
8: Validation of expenses incurred in respect of Vote Office of the Clerk
1: The incurring of expenses by the Office of the Clerk in the circumstances set out in subsection (2)
a: is validated; and
b: is deemed not to have constituted a breach of the Civil List Act 1979
2: The circumstances are that—
a: the Office of the Clerk incurred expenses against the output class Inter-Parliamentary Relations in Vote Office of the Clerk of—
i: $501,331 for the financial year ended 30 June 2004; and
ii: $341,095 for the financial year ended 30 June 2005; and
iii: $396,421 for the financial year ended 30 June 2006; and
iv: $460,842 for the financial year ended 30 June 2007; and
b: those amounts were incurred without the authority of a determination made under section 20A
9: Validation of departmental net asset holding
1: The excess amount of net asset holding described in subsection (2)
2: The excess amount of net asset holding is the amount of net asset holding, as set out in column 3 of Schedule 4
3: In this section,— department Schedule 4 most recent projected balance of net assets
a: at the time when that projected balance was exceeded; and
b: as set out in column 2 of Schedule 4


Biosecurity Amendment Act (No 2) 2008

1: Title
This Act is the Biosecurity Amendment Act (No 2) 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Biosecurity Act 1993
3: Principal Act amended
This Act Biosecurity Act 1993
4: Interpretation
Section 2(1) incidentally imported new organism .
5: Import health standards
Section 22
1A: An import health standard issued under this section applies to goods the importation of which involves, or might involve, an incidentally imported new organism.
6: New section 22A
The following section is inserted after section 22
22A: Process for independent review panel to be established
1: The Director-General must, by notice in the Gazette
2: The notice required by subsection (1) must cover the following matters:
a: the criteria for setting up an independent review panel; and
b: how the Director-General will appoint an independent review panel, including the knowledge and experience required for appointees; and
c: the procedures to be followed by—
i: a person eligible to seek a review under subsection (1)
ii: an independent review panel, in undertaking its review; and
d: the reporting requirements for an independent review panel.
3: The Director-General must receive any report from an independent review panel and, as soon as is reasonably practicable, determine the issue in dispute after taking into account the findings and recommendations of the independent review panel, giving reasons for that determination.
4: The Director-General must issue a notice under subsection (1) not later than 1 July 2008.
7: Restrictions on giving clearances
Section 28
1A: However, subsection (1) does not prohibit an inspector from giving a biosecurity clearance for goods the importation of which involves, or might involve, an incidentally imported new organism.
8: Validation of import health standards
1: Every import health standard issued before the commencement of this Act (including, but not limited to, the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia,
2: However, a validation of an import health standard under subsection (1)
9: Suspension of power to give biosecurity clearance
Despite section 8 section 26 Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia
a: received a report from an independent review panel set up in consultation with the National Beekeepers Association of New Zealand to consider the scientific evidence in dispute in relation to that import health standard; and
b: determined whether any amendment to that import health standard is necessary to achieve the purpose of Part 3
c: publicly notified that determination.
10: Validation of biosecurity clearances, etc
1: Any biosecurity clearances or the exercise of other powers under Part 3 Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia,
2: However, a validation under subsection (1) only applies to a biosecurity clearance or exercise of other power if, and to the extent that, the clearance or exercise of other powers is invalid because it applies to goods—
a: the importation of which involves, or might involve, an incidentally imported new organism; and
b: whose movement and use includes any new organisms incidentally imported while they remain in or on those goods.


1: Title
This Act is the Hazardous Substances and New Organisms Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Hazardous Substances and New Organisms Act 1996
3: Principal Act amended
This Act Hazardous Substances and New Organisms Act 1996
4: Interpretation
1: Section 2(1) develop develop
a: in relation to organisms other than incidentally imported new organisms,—
i: means—
A: genetic modification of an organism:
B: regeneration of a new organism from biological material of the organism that cannot, without human intervention, be used to reproduce the organism:
C: fermentation of a micro-organism that is a new organism; but
ii: does not include field testing; and
b: in relation to incidentally imported new organisms,—
i: means—
A: the activities referred to in paragraph (a)(i)
B: the deliberate isolation, aggregation, multiplication, or other use of the organism; but
ii: does not include field testing .
2: Section 2(1) department incidentally imported new organism
a: an essential or constituent part of those goods:
b: imported in or on the goods with the intention of concealing the presence of the new organism:
c: a genetically modified organism .
5: Meaning of term new organism
1: Section 2A(2A)(b)
2: Section 2A(2A)
c: it is an incidentally imported new organism.
6: Prohibition of import, manufacture, development, field testing, or release
1: The heading to section 25 Prohibition Restriction
2: Section 25
1A: Subsection (1)(b) does not apply to—
a: the importation of an incidentally imported new organism, if it is imported in or on goods lawfully imported under the Biosecurity Act 1993; or
b: the movement or use of those goods, together with any new organisms incidentally imported while they remain in or on those goods, after their importation.
1B: The department responsible for administering the Biosecurity Act 1993 or its agents, and any other departments recognised by the responsible Minister under section 101(2) of that Act or their agents may, despite subsection (1)(b), isolate, aggregate, multiply, or use an incidentally imported new organism for the purpose of identifying, managing, or eradicating that organism.
3: Section 25(5) prohibition restriction


1: Title
This Act is the Securities (Local Authority Exemption) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Securities Act 1978
3: Principal Act amended
This Act amends the Securities Act 1978
4: Interpretation
Section 2(1) local authority .
5: Exemptions from this Act
1: Section 5
3A: Nothing in sections 37, 37A(1)(c) and (d) and (1A), and 39 to 44 applies in respect of a debt security the issuer of which is a local authority.
3B: The exemption in subsection (3A)
a: the investment statement relating to the debt securities refers to the most recent audited financial statements, and audited consolidated financial statements, for the local authority; and
b: if the date of allotment of the debt securities would be more than 9 months after the balance date of the financial statements referred to in paragraph (a)
c: it is a term of the offer of the debt securities to the public that the local authority will, upon the request of a security holder or a prospective investor for a copy of any financial statements referred to in paragraph (a) or (b)
d: the investment statement relating to the debt securities contains, unless the debt securities are expressly guaranteed by the Crown under the Public Finance Act 1989, a statement that the debt securities being offered are not guaranteed by the Crown.
3C: The conditions in subsection (3B)
3D: The financial statements referred to in subsection (3B)(a) and (b)
2: Section 37AC(1)(e)(i) section 5A section 5(3A)
3: Section 37AD(1)(b)(iii) section 5A section 5(3A)


1: Title
This Act is the Customs and Excise (Social Assistance) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Customs and Excise Act 1996
3: Principal Act amended
This Act amends the Customs and Excise Act 1996
4: Purpose of this Act
The purpose of this Act is to amend the principal Act so that the purposes for which it facilitates the exchange of information between the Customs and the department for the time being responsible for the administration of the Social Security Act 1964
5: Supply of arrival and departure information for benefit purposes
1: The heading to section 280 and benefit debt recovery benefit
2: Section 280
2: The purpose of this section is to facilitate the exchange of information between the Customs and the department for the time being responsible for the administration of the Social Security Act 1964 for all or any of the following purposes:
a: to verify the entitlement or eligibility of any person to or for any benefit:
b: to verify the amount of any benefit to which a person is or was entitled or for which a person is or was eligible:
c: to enable the recovery of any debt due to the Crown in respect of any benefit.


1: Title
This Act is the Corrections (Social Assistance) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Corrections Act 2004
3: Principal Act amended
This Act amends the Corrections Act 2004
4: Purpose of this Act
The purpose of this Act is to amend the principal Act—
a: so that it facilitates disclosure of prisoner information for the purposes of the operation of—
i: section 76(1)
ii: sections 86 86A section 85A
iii: section 307B
iv: regulation 28
b: to enable benefits, allowances, and student loans, or any of them, payable to a person to be suspended, despite section 103(1)
c: to re-enact other elements of section 180
5: New heading and sections 180 to 180D substituted
Section 180 Disclosure of prisoner information
180: Purpose of section 180A
1: The purpose of section 180A
a: section 76(1) of the Social Security Act 1964 (under which a benefit is, in general, not payable in respect of any period during which a beneficiary is imprisoned or detained in, or is an escaper from, a prison, pursuant to a sentence of imprisonment):
b: sections 86 and 86A of the Social Security Act 1964 (which provide for the recovery of debts due to the Crown within the meaning of section 85A of that Act):
c: section 307B of the Education Act 1989 (which provides for the recovery of debts in respect of the payment to a person of allowances, student loans, or other money to which he or she was not, or is no longer, entitled):
d: regulation 28 of the Student Allowances Regulations 1998 (under which a student imprisoned or detained in a prison, pursuant to a sentence of imprisonment is not entitled to receive any payment under those regulations in respect of any period of any such imprisonment):
e: section 180C
2: Requesting department subsection (1) sections 180A and 180C
a: the department for the time being responsible for the administration of the Social Security Act 1964, in relation to information requested for the purposes of the operation of a provision of that Act:
b: the department for the time being responsible for the administration of Part 25 of the Education Act 1989, in relation to information requested for the purposes of the operation of section 307B of that Act, or regulation 28 of the Student Allowances Regulations 1998. 1954 No 51 s 36F
180A: Prisoner information may be disclosed for social assistance purposes
1: For the purpose stated in section 180 section 180B
2: A request under subsection (1)
a: the chief executive; and
b: the chief executive of the requesting department.
3: On receipt of a request made under subsection (1)
a: an officer or employee of the requesting department; and
b: authorised for the purpose by the chief executive of the requesting department. 1954 No 51 s 36F
180B: Information that may be requested and disclosed
The information referred to in section 180A(1)
a: a sufficient amount of biographical information to identify the prisoner; and
b: the name of the prison in which the prisoner is or was detained during that period; and
c: details of each period of detention of the prisoner in the prison during the period specified in the request. 1954 No 51 s 36F
180C: Social assistance may be suspended immediately if discrepancy discovered
1: The chief executive of the requesting department may suspend immediately the payment to a person of the benefits, allowances, and student loans, or any of them, payable to the person if—
a: information has been disclosed to the requesting department under section 180A
b: a discrepancy relating or apparently relating to the person arises, or is identified in that information; and
c: that chief executive wishes, on the basis of that discrepancy, to effect the suspension; and
d: immediately after the suspension is effected, the requesting department gives the person written notice of the kind specified in section 180D
2: In this section and section 180D adverse action allowance benefit discrepancy student loan working day
3: A notice under subsection (1)
4: Subsection (1)
5: Nothing in this section prevents any adverse action from being taken in respect of benefits, allowances, or student loans in accordance with section 103(1) of the Privacy Act 1993 instead of this section.
180D: Notice required by section 180C(1)(d)
1: A notice required by section 180C(1)(d)
a: must specify particulars of—
i: the discrepancy or discrepancies concerned; and
ii: the suspension or suspensions concerned; and
b: must state that the person concerned may, after the receipt of the notice, show cause why payments of any benefit, allowance, or student loan should not have been suspended.
2: A notice required by section 180C(1)(d)
a: personally; or
b: by leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any application or other document received from the person; or
c: by posting it in a letter addressed to the person at that place of residence or business or at that address.
3: If a notice required to be given under section 180C(1)(d)
a: the notice must, in the absence of proof to the contrary, be taken to have been delivered to that person on the fourth day after the day on which it was posted; and
b: in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.
6: New heading inserted
The following heading is inserted above section 181 Disclosure of offender information
7: Consequential amendments to Privacy Act 1993
1: This section amends the Privacy Act 1993
2: Section 103(1) and to section 180C(1) of this section
3: The item in Schedule 3 to 180D 180 2008-04-09 Privacy Act 1993


1: Title
This Act is the Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Injury Prevention, Rehabilitation, and Compensation Act 2001
3: Principal Act amended
This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001
4: Purpose of this Act
The purpose of this Act is to amend the principal Act so that the purposes for which it facilitates the disclosure of information by the Corporation to the department for the time being responsible for the administration of the Social Security Act 1964
5: Disclosure of information by Corporation for benefit purposes
1: The heading to section 281 and benefit debt recovery benefit
2: Section 281
2: The purpose of this section is to facilitate the disclosure of information by the Corporation to the department for the time being responsible for the administration of the Social Security Act 1964 for all or any of the following purposes:
a: to verify the entitlement or eligibility of any person to or for any benefit:
b: to verify the amount of any benefit to which a person is or was entitled or for which a person is or was eligible:
c: to enable the recovery of any debt due to the Crown in respect of any benefit.