1: Title
This Act is the Appropriation (2006/07 Supplementary Estimates) Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
This Act (except section 9
3: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2007 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and
c: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
d: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— scope shown in the Supplementary Estimates
a: for each multi-class output expense appropriation under section 7 Reason for Change
i: under the column headed Scope of and Reasons for Change in 2006/07 Appropriations
ii: alongside each of the individual classes of outputs, set out under the column headed Appropriations
b: for each appropriation under section 7 8 Reason for Change
i: under the column headed Scope of and Reasons for Change in 2006/07 Appropriations
ii: alongside the category of output expenses, category of benefits or other unrequited expenses, category of other expenses, category of capital expenditure, or expenses and capital expenditure to be incurred by an intelligence and security department, set out under the column headed Appropriations
c: for each appropriation under section 9 Reason for Change
i: under the column headed Scope of Appropriations
ii: alongside the category of output expenses, category of other expenses, or category of capital expenditure, set out under the column headed Appropriations Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2007 this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations additional to, or in reduction of, other appropriations
The appropriations authorised by sections 7 8 Appropriation (2006/07 Estimates) Act 2006
7: Appropriations for expenses and capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: either—
i: the amount authorised by the Appropriation (2006/07 Estimates) Act 2006 Schedule 1
ii: if no amount was authorised by the Appropriation (2006/07 Estimates) Act 2006 Schedule 1
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations administered by intelligence and security department
1: An appropriation, in accordance with which an intelligence and security department is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure set out in column 3 of Schedule 2
2: The appropriation provided by subsection (1) is limited to—
a: the amount authorised by the Appropriation (2006/07 Estimates) Act 2006 Schedule 2
b: the scope shown in the Supplementary Estimates for the appropriation.
3: The appropriation provided by subsection (1) includes the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of that appropriation.
9: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 3
b: the categories of other expenses set out in column 3 of Schedule 3
c: the categories of capital expenditure set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: either—
i: the amount authorised by the previous authorities specified in column 6 of Schedule 3
ii: if no previous authority is specified in column 6 of Schedule 3
c: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
4: The following authorities to incur expenses are revoked with effect from the close of 30 June 2007:
a: the authority to incur expenses provided by the appropriation under section 11 Generating Reserve Electricity At Whirinaki
b: the authority to incur expenses provided by the appropriation under section 11 Security of Supply - Procurement Costs
c: the authority to incur expenses provided by the appropriation under section 9 Auckland Rail Development
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 4
a: column 3 shows the most recently audited amount of net assets; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year.
11: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs, or that part of the appropriations and classes of outputs, listed in Schedule 5
a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A


1: Title
This Act is the Imprest Supply (First for 2007/08) Act 2007.
2: Commencement
This Act comes into force on 1 July 2007.
3: Expiry
This Act expires on the coming into force of the first Appropriation Act for the 2007/08 year. This Act expires on the coming into force of the first Appropriation Act for the 2007/08 year Imprest Supply (First for 2007/08) Act 2007
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the financial year ending with 30 June 2008 in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2006/07 Supplementary Estimates) Act 2007
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2007/08 year expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure department financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements Responsible Minister Vote section 2(1)
6: Authority to incur expenses
1: Expenses may, during the 2007/08 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) during the 2007/08 year must not exceed in the aggregate the sum of $9,500 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2007/08 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) during the 2007/08 year must not exceed in the aggregate the sum of $1,200 million.
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of the Appropriation Act in which that manner is specified, those expenses and that capital expenditure may be incurred during the 2007/08 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority to exceed net assets confirmed in Appropriation Act
1: In this section,— excess amount projected balance Schedule 4
2: The amount of net asset holding in a department (other than an intelligence and security department) or an Office of Parliament during the 2007/08 year may exceed the projected balance for that department or Office of Parliament.
3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 4
4: For the purposes of subsections (1) and (2), the amount of net asset holding in a department or an Office of Parliament does not include—
a: any operating surplus retained as agreed between the Minister and the Responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 4
b: any remeasurement of a department's or an Office of Parliament's reported net asset holding as set out in section 22(2) Schedule 4
5: Subsections (2) and (3) apply despite section 22(3)


Evidence Amendment Act 2007

1: Title
This Act is the Evidence Amendment Act 2007.
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 Evidence Act 2006
1: Substantive amendments
4: Application
Section 5(3) Act section
5: New section 12A inserted
The following section is inserted after section 12
12A: Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
Nothing in this Act affects the rules of the common law relating toâ€”
a: the admissibility of statements of co-conspirators or persons involved in joint criminal enterprises; or
b: the admissibility of a defendant's statement against a co-defendant in circumstances where the defendant's statement is accepted by the co-defendant.
6: Defendants' statements offered by prosecution
Section 27
4: To avoid doubt, this section is subject to section 12A
2: Consequential amendments
7: Exclusion of unreliable statements
Section 28(1)(a) or, if applicable, a co-defendant the defendant
8: Exclusion of statements influenced by oppression
Section 29(1)(a) or, if applicable, a co-defendant the defendant
9: Improperly obtained evidence
Section 30(1)(a) or, if applicable, a co-defendant the defendant


Sentencing Council Act 2007

1: Title
This Act is the Sentencing Council Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 November 2007 Sentencing Council Act 2007 Commencement Order 2007
3: Interpretation
In this Act, unless the context otherwise requires,— Council section 5 fees framework section 10(1) group of guidelines section 13 section 17 group of parole guidelines section 13 section 17 group of sentencing guidelines section 13 section 17 inaugural guidelines Minister Parole Board section 108 working day section 2(1)
4: Act binds the Crown
This Act binds the Crown. Establishment of Council
5: Sentencing Council established
The Sentencing Council is established as an independent statutory body.
6: Status of Council
1: The Council—
a: is a body corporate; and
b: is accordingly a legal entity separate from its members, employees, and the Crown; and
c: continues in existence until it is dissolved by an Act.
2: The Council may do anything that a natural person of full age and capacity may do for the purposes of performing its functions or powers under this Act.
3: The Council may do anything authorised by this Act, subject to this Act or any other Act or any rule of law.
7: Role of Council
1: The members of the Council are its governing body, with the authority, in the name of the Council, to exercise its powers and perform its functions.
2: All decisions relating to the operation of the Council must be made by, or under the authority of, its governing body in accordance with this Act.
8: Purposes of Council
The purposes of the Council are,—
a: by producing guidelines about sentencing and parole, to—
i: promote consistency in sentencing practice between different courts and Judges:
ii: ensure transparency in sentencing policy:
iii: promote consistency and transparency in Parole Board practice:
iv: facilitate the provision of reliable information to enable penal resources to be effectively managed:
b: to enable the development of sentencing and parole policy to be based on a broad range of experience and expertise:
c: to inform members of Parliament and policymakers about sentencing and parole practice and reform options:
d: to inform and educate the public about sentencing and parole policies and decision making, with a view to promoting public confidence in the criminal justice system.
9: Functions of Council
1: The functions of the Council are—
a: to produce guidelines that are consistent with the Sentencing Act 2002
i: sentencing principles:
ii: sentencing levels:
iii: particular types of sentences:
iv: other matters relating to sentencing practice:
v: grounds for departure from the sentencing guidelines:
b: to produce guidelines that are consistent with the Parole Act 2002
c: to assess and take account of the overall costs and benefits of the guidelines:
d: to provide, in relation to both draft and final guidelines, a statement of the guidelines' likely effect on the prison population:
e: to give advice on, and consider issues about, sentencing and parole as set out in this Act:
f: to collate information on sentencing practice, and on adherence to and departures from the sentencing guidelines, and provide this information to the judiciary:
g: to collate information on parole decisions, and on adherence to and departures from the parole guidelines, and provide this information to the Parole Board:
h: to provide information to the public about sentencing and parole:
i: any functions that are incidental and related to, or consequential on, its functions set out in paragraphs (a) to (h).
2: Except as expressly provided in this Act or any other Act, the Council must carry out its functions and powers independently. Membership of Council
10: Membership of Council
1: The Council consists of—
a: 1 Judge of the Court of Appeal appointed by the President of the Court of Appeal in consultation with the Chief Justice:
b: 1 Judge of the High Court appointed by the Chief High Court Judge in consultation with the Chief Justice:
c: 2 District Court Judges appointed by the Chief District Court Judge in consultation with the Chief Justice:
d: the chairperson of the Parole Board:
e: 5 members who are not Judges, appointed by the Governor-General on the recommendation of the House of Representatives.
2: The Chief Justice must appoint one of the Judges appointed under subsection (1)(a), (b), or (c) as the chairperson of the Council.
3: The Governor-General must, on the recommendation of the House of Representatives, appoint one of the members appointed under subsection (1)(e) as the deputy chairperson of the Council.
4: The Chairperson may delegate any of his or her functions, either generally or specifically, to the deputy chairperson.
5: Appointments under subsections (1), (2), and (3) must be made by written notice by the appointing authority to the person appointed (with a copy sent to the Council and the Minister).
6: The notice must—
a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: state the term of the appointment; and
c: be published by the Minister in the Gazette
11: Administrative provisions relating to Sentencing Council
The provisions set out in Schedule 1
12: Other enactments amended
The Acts set out in Schedule 2 OIC SR 2007/292 2007-11-01 Schedule 1 Schedule 4 Public notification of draft guidelines
13: Public notification of draft guidelines
1: The Council must publicly notify each draft guideline or group of guidelines by—
a: publishing a notice complying with subsection (2) in 1 or more daily newspapers circulating in the cities of Whangarei, Auckland, Hamilton, Rotorua, Napier, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, Invercargill, and any other place the chairperson may direct; and
b: publishing a notice complying with subsection (2) on the Internet in an electronic form that is publicly accessible at all reasonable times for inspection and downloading free of charge; and
c: giving any further notice that the Council considers appropriate, having regard to the persons likely to have an interest in the draft guidelines.
2: A notice published or given under subsection (1), in respect of a draft guideline or group of guidelines, must—
a: except as provided in subsection (3), contain the title, or other short description of the subject matter, of the guideline or each guideline in the group, as the case may be; and
b: state that submissions on the draft guideline or guidelines may be made in writing by any person or in any other way the Council may direct; and
c: specify how a copy of the draft guideline or group of guidelines may be obtained, which may include, but must not be limited to, obtaining the draft guidelines from an Internet website; and
d: specify the closing date for the receipt by the Council of submissions on the draft guideline or group of guidelines, which may be a date no earlier than 6 weeks after the date on which the notice is first published in a daily newspaper under subsection (1)(a); and
e: specify the address of the place to which submissions on the draft guideline or group of guidelines may be delivered or sent.
3: If the notice published or given under subsection (1) is for the inaugural guidelines, the notice is not required to contain the matters described in subsection (2)(a).
14: Statement to accompany draft guideline or group of guidelines
A draft guideline or group of guidelines that is available for inspection must be accompanied by a statement of the guidelines' likely effect on the prison population.
15: Consultation
The Council may consult on the draft guideline or group of guidelines as it sees fit, with any person or body, by any appropriate means.
16: Council finalises guidelines and presents to Minister
The Council may, at any time after the time for submissions has expired, finalise the guideline or group of guidelines and present them to the Minister, together with a statement of the guidelines' likely effect on the prison population. Parliamentary scrutiny of guidelines
17: Presenting guidelines
The Minister must present each guideline or group of guidelines, together with the statement of the guidelines' likely effect on the prison population referred to in section 16
18: Inaugural guidelines may be disapplied
The inaugural guidelines may be disapplied as a whole by resolution of the House of Representatives passed within 30 sitting days after those guidelines were presented to the House.
19: Guideline may be disapplied
Any guideline (not being an inaugural guideline) may be disapplied by resolution of the House of Representatives passed within 15 sitting days after that guideline was presented to the House.
20: Periods of sitting days
The periods of sitting days within which the inaugural guidelines or a guideline may be disapplied under section 18 19
21: Guidelines come into force if not disapplied
Every guideline comes into force on the date that is 20 working days after the last date on which the guideline could have been disapplied under section 18 19
22: Council must reconsider guidelines if guidelines disapplied
1: If a guideline or group of guidelines is disapplied under section 18 19
a: reconsider the guideline or group of guidelines; and
b: if the Council considers it appropriate, provide a varied guideline or group of guidelines to the Minister, together with a statement of the guidelines' likely effect on the prison population.
2: Sections 17 to 21
3: If the inaugural guidelines are disapplied, the varied group of guidelines provided to the Minister under subsection (1) is treated as being the inaugural guidelines for the purposes of sections 17 to 21 Publication of guidelines
23: Council must publish guidelines
1: The Council must comply with subsection (2) if—
a: the last date on which a guideline or group of guidelines could have been disapplied under section 18 19
b: the guideline or guidelines were not disapplied.
2: The Council must, as soon as practicable after the date referred to in subsection (1)(a) and before the guidelines come into force under section 21
a: arrange for the publication in the Gazette
b: make copies of the guidelines available on the Internet in an electronic form that is publicly accessible at all reasonable times for inspection and downloading free of charge; and
c: make copies of the guidelines available for purchase at a reasonable price. Requests for consideration of issues,
24: Consideration of issues relating to sentencing or parole guidelines
1: A request may be made by the following persons to the Council to consider any issue relating to guidelines:
a: in the case of sentencing guidelines, by the Minister, the Chief Justice, the President of the Court of Appeal, the Chief High Court Judge, the Chief District Court Judge, the Solicitor-General, or the President of the New Zealand Law Society:
b: in the case of parole guidelines, by the Minister, the chairperson of the Parole Board, the Solicitor-General, or the President of the New Zealand Law Society.
2: A request must set out the reasons for the request.
3: If a request is made, the Council must, when revising or drafting sentencing guidelines or parole guidelines, consider the issue and the reasons given.
25: Council may advise Minister
1: The Minister may request the Council to provide advice to the Minister on any sentencing or parole issue that relates to the development and use of sentencing guidelines or parole guidelines.
2: The Council may, on its own initiative, provide advice to the Minister on any sentencing or parole issue that relates to the development and use of sentencing guidelines or parole guidelines.


Bail Amendment Act 2007

1: Title
This Act is the Bail Amendment Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 October 2007 clause 2 Bail Amendment Act 2007 Commencement Order 2007 (SR 2007/258).
3: Principal Act amended
This Act amends the Bail Act 2000
4: New section 8 substituted
Section 8
8: Consideration of just cause for continued detention
1: In considering whether there is just cause for continued detention, the court must take into account—
a: whether there is a real and significant risk that—
i: the defendant may fail to appear in court on the date to which the defendant has been remanded; or
ii: the defendant may interfere with witnesses or evidence; or
iii: the defendant may offend while on bail; and
b: any matter that would make it unjust to detain the defendant.
2: In considering whether there is just cause for continued detention under subsection (1)
a: the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
b: the strength of the evidence and the probability of conviction or otherwise:
c: the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
d: the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
e: whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
f: the likely length of time before the matter comes to hearing or trial:
g: the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:
h: any other special matter that is relevant in the particular circumstances.
3: For the avoidance of doubt, in considering whether there is just cause for continued detention under this section, a breach of bail conditions may only be taken into account under subsection (2)(e) subsection (1)(a)
4: When considering an application for bail, the court must take into account any views of a victim of an offence of a kind referred to in section 29 of the Victims' Rights Act 2002 section 30 of that Act
5: In deciding, in relation to a defendant charged with an offence against section 49(1)(a) or (b) of the Domestic Violence Act 1995 OIC 2007-10-01 section 8
5: Bail on adjournment
Section 28 subsection (2)
2: A Registrar may exercise the power conferred by subsection (1)
a: the informant does not oppose bail and the offence with which the defendant has been charged—
i: is not punishable by imprisonment; or
ii: is punishable by a term of imprisonment of not more than 10 years; or
b: the prosecution agrees. OIC 2007-10-01 section 28(2)
6: Bail on deferment of sentence
1: Section 39A(1) section 80W deferred under OIC 2007-10-01 section 39A(1)
2: Section 39A(3) paragraphs (a) (b)
a: if the sentence is deferred under section 80W of the Sentencing Act 2002
i: go to and remain at the home detention residence (as defined in section 4 of that Act section 80C(3)(a) or (b) of that Act
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100 of the Sentencing Act 2002 OIC 2007-10-01 Section 39A(3)
7: Bail on deferment of sentence
1: Section 65A(1) section 80W deferred under OIC 2007-10-01 65A(1)
2: Section 65A(3) paragraphs (a) (b)
a: if the sentence is deferred under section 80W of the Sentencing Act 2002
i: go to and remain at the home detention residence (as defined in section 4 of that Act section 80C(3)(a) or (b) of that Act
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100 of the Sentencing Act 2002 OIC 2007-10-01 Section 65A(3)