1: Title
1: This Act is the Diplomatic Privileges and Immunities Amendment Act 2004.
2: In this Act, the Diplomatic Privileges and Immunities Act 1968 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 9AB The principal Act is amended by inserting, after section 9AA
9AB: Privileges and immunities of members, and of private servants of members, of EC delegations
1: The Governor-General may, by Order in Council, confer upon such members or classes of members (for example, administrative and technical staff, but in no case including service staff) of a permanent delegation of the European Commission (an EC delegation Third Schedule
2: The Governor-General may, by Order in Council, confer upon such of the following as are specified in the Order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4
a: members of an EC delegation who are service staff:
b: private servants of members of an EC delegation.
3: Schedule 5 subsection (1) Schedule 5
4: No Order under this section may confer any privilege or immunity upon any person—
a: as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand; or
b: as a member of the staff of such a representative.
5: An Order made under section 9(2)(a) section 9(2)(b) and (c)
4: Amendments consequential on enactment of
section 3
1: The heading to Part 2 and Persons Connected Therewith or tribunals and associated persons, and representatives attending international conferences
2: The heading to section 9 persons connected therewith associated persons
3: Section 9(2)
a: by omitting the words subparagraph (i) of paragraph (b) of this subsection paragraph (b)(i)
b: by inserting, after the words and to the members of the families forming part of the household of officers of the organisation mentioned in paragraph (b)(ii)
c: by omitting the words that paragraph those subparagraphs
d: by inserting, before the words the operation some or all of
4: Section 9A
a: by omitting from the heading the words persons connected therewith associated persons
b: by omitting from subsection (1) subparagraph (i) of paragraph (b) of this subsection paragraph (b)(i)
c: by inserting in subsection (1) and to the members of the families forming part of the household of officers of the Commonwealth Secretariat mentioned in paragraph (b)(ii)
d: by omitting from subsection (1) that paragraph those subparagraphs
e: by inserting in subsection (1) the operation some or all of
f: by omitting from subsection (2) persons connected therewith associated persons
5: Section 21(1) section 10 section 9AB
6: The heading to Schedule 3
a: by omitting the expression Section 9(2)(b) ss 9(2)(b), 9AB(1)
b: by omitting the words and Persons on Missions persons on missions, and certain members of EC delegations
7: The heading to the Schedule 4
a: by omitting the expression Section 9(2)(c) ss 9(2)(c), 9AB(3)
b: by adding the words , members of EC delegations who are service staff, and private servants of members of EC delegations
8: The heading to the Schedule 5
a: by omitting the expression Section 9(2) ss 9(2), 9AB(2)
b: by omitting the words High Officers' families families of high officers or of certain members of EC delegations
9: Schedule 5
3.: Where a person is accorded any such privileges and immunities as are mentioned in the Third Schedule
5: New
sections 10D 10E The principal Act is amended by repealing section 10D
10D: Privileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff
1: In this section and section 10E Agreement Assembly of States Parties ICC Rome Statute International Crimes and International Criminal Court Act 2000
2: The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by—
a: article 48(1) articles 2 to 12
b: article 48(2) article 15
i: Judges of the ICC:
ii: the Prosecutor of the ICC:
iii: Deputy Prosecutors of the ICC:
iv: the Registrar of the ICC:
c: article 48(3) article 16
i: the Deputy Registrar of the ICC:
ii: staff of the Office of the Prosecutor of the ICC:
iii: staff of the Registry of the ICC:
d: article 48(4) articles 18 to 22
e: article 14
f: article 17 paragraphs (b) to (e)
3: An Order in Council made under subsection (2)
a: confer privileges and immunities on New Zealand citizens and permanent residents subject to some or all of the limitations set out in article 23
b: refer to the purpose of conferring the privileges and immunities (as set out in articles 25 and 26
c: refer to how the privileges and immunities may be waived (as set out in article 48(5) articles 25 and 26
d: extend the privileges and immunities conferred on the persons referred to in subsection (2)(b) and (c) article 48(2) articles 15 and 16
10E: Privileges and immunities of representatives at Assembly of States Parties or its subsidiary organs
1: The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by article 13
a: representatives of States Parties to the Rome Statute attending meetings of the Assembly of States Parties or any of its subsidiary organs:
b: representatives of States attending meetings of the Assembly of States Parties or any of its subsidiary organs as observers, as permitted by article 112(1)
c: representatives of States or intergovernmental organisations invited to meetings of the Assembly of States Parties or any of its subsidiary organs.
2: An Order in Council made under subsection (1) article 25
6: Refunds or payments in case of exemptions from taxation
Section 21(1) section 10 section 10D, section 10E
7: Consequential amendment to
Immigration Act 1987 Section 11(1)(a) Immigration Act 1987 the Diplomatic Privileges and Immunities Act 1968 , other than a person referred to in section 10D(2)(d) of that Act,


1: Title
1: This Act is the Resource Management (Energy and Climate Change) Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to amend the principal Act—
a: to make explicit provision for all persons exercising functions and powers under the principal Act to have particular regard to—
i: the efficiency of the end use of energy; and
ii: the effects of climate change; and
iii: the benefits to be derived from the use and development of renewable energy; and
b: to require local authorities—
i: to plan for the effects of climate change; but
ii: not to consider the effects on climate change of discharges into air of greenhouse gases.
4: Interpretation
Section 2(1) climate change greenhouse gas section 4(1) of the Climate Change Response Act 2002 renewable energy .
2: Amendments to principal Act and transitional provisions
5: Other matters
1: Section 7 paragraph (b)
ba: the efficiency of the end use of energy: .
2: Section 7
i: the effects of climate change:
j: the benefits to be derived from the use and development of renewable energy.
6: New heading and new
sections 70A 70B The principal Act is amended by inserting, after section 70 Rules relating to discharge of greenhouse gases
70A: Application to climate change of rules relating to discharge of greenhouse gases
Despite section 68(3) section 30(1)(d)(iv) or (f)
a: in absolute terms; or
b: relative to the use and development of non-renewable energy.
70B: Implementation of regulations made under
section 43 If regulations are made under section 43
7: New heading and new
sections 104E 104F The principal Act is amended by inserting, after section 104D Decisions on applications relating to discharge of greenhouse gases
104E: Applications relating to discharge of greenhouse gases
When considering an application for a discharge permit or coastal permit to do something that would otherwise contravene section 15 or section 15B
a: in absolute terms; or
b: relative to the use and development of non-renewable energy.
104F: Implementation of regulations made under
section 43 If regulations are made under section 43 section 15 or section 15B
a: may grant the application, with or without conditions, or decline it, as necessary to implement the regulations; but
b: in making its determination, must be no more or less restrictive than is necessary to implement the regulations.
8: Transitional provision relating to applications made before commencement of Act
1: The matters referred to in subsection (2)
2: Subsection (1)
a: an application for a resource consent:
b: a notice of requirement for a designation.
3: For the purposes of subsection (1)
9: Transitional provision relating to rules made before commencement of Act
On the commencement of this Act, an existing rule or part of a rule in a regional plan that controls the discharge into air of greenhouse gases solely for its effects on climate change is revoked.


1: Title
1: This Act is the Health (National Cervical Screening Programme) Amendment Act 2004.
2: In this Act, the Health Act 1956 the principal Act
1: Preliminary provision
2: Commencement
1: This section, section 112C section 4 section 6
2: The rest of this Act comes into force 12 months after the date on which this Act receives the Royal assent.
2: Amendments to principal Act and transitional provisions
3: Section 74A The principal Act is amended by repealing section 74A
4: New
Part 4A The principal Act is amended by inserting, after Part 4
4A: National Cervical Screening Programme
112A: Purpose
The purpose of this Part is—
a: to reduce the incidence and mortality rate of cervical cancer by providing for the continuation of the NCSP; and
b: to facilitate the operation and evaluation of that national cervical screening programme by—
i: enabling access to information and specimens by the persons operating the programme; and
ii: enabling access to information and specimens by screening programme evaluators appointed to evaluate that programme.
112B: Interpretation
In this Part, unless the context otherwise requires,— cancer section 2 of the Cancer Registry Act 1993 cancer registry Cancer Registry Act 1993 cervical cancer diagnostic test
a: a colposcopic procedure:
b: an examination of a histological specimen taken from the woman evaluate section 112T(1) evaluation material health information paragraphs (a) and (c) section 22B health practitioner section 5 of the Health Practitioners Competence Assurance Act 2003 hospital section 58(4) of the Health and Disability Services (Safety) Act 2001 NCSP NCSP manager
a: the person appointed under section 112C(3)
b: if no person has been appointed as the NCSP manager, the Director-General NCSP register section 112C relevant woman sections 112X, 112ZB, 112ZC, and 112ZD section 112X(1) review committee section 112O screening programme evaluator section 112U(1) screening test specimen Operation of NCSP
112C: Appointment of persons to operate NCSP
1: All persons appointed to operate the NCSP, and to perform functions in relation to the operation of that programme, must be appointed under section 59 of the State Sector Act 1988
2: If the Director-General wishes to appoint a particular person to perform particular functions in relation to the operation of the NCSP, and it is not reasonably practicable to appoint that person under section 59 of the State Sector Act 1988
3: The Director-General may appoint, either under section 59 of the State Sector Act 1988 subsection (2), 1
4: The NCSP manager may direct a person appointed under section 59 of the State Sector Act 1988 subsection (2)
5: The Director-General may direct the NCSP manager in relation to the performance of the NCSP manager's functions, and the NCSP manager must comply with the Director-General's direction.
112D: Objectives of NCSP
The objectives of the NCSP are to—
a: promote high quality cervical screening, assessment, and treatment services, while recognising and managing the differences between the various types of cervical cancer, with a view to reducing the incidence and mortality rate of cervical cancer; and
b: inform women and the community of the risks, benefits, and expected population health gains from participation in the NCSP; and
c: promote the regular recall of women who are enrolled in the NCSP for screening tests; and
d: facilitate continuous quality improvement by allowing and performing regular evaluations of the NCSP; and
e: ensure that information that is collected for the purposes of the NCSP is—
i: available, in a reliable, accurate, and timely manner, to persons authorised under this Part, or any other enactment, to have access to it; and
ii: safely stored, including on the NCSP register; and
f: provide information to women about the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations.
112E: Enrolment in NCSP
1: The NCSP manager must enrol in the NCSP every woman who—
a: has a screening test, the result of which is reported to the NCSP; or
b: undergoes a colposcopic procedure, the result of which is reported to the NCSP.
2: The NCSP manager may, at his or her discretion, enrol in the NCSP a woman who undergoes a surgical procedure during which a histological specimen is taken that includes a cervical component if the results of an analysis of that specimen are reported to the NCSP.
3: Subsections (1) and (2)
a: is already enrolled in the NCSP; or
b: has cancelled her enrolment in the NCSP; or
c: has notified the NCSP manager, under section 112G(2)
112F: Duties of NCSP manager that relate to enrolled women
1: As soon as practicable after enrolling a woman in the NCSP, the NCSP manager must—
a: notify the woman that she has been enrolled in the NCSP; and
b: provide information to the woman about—
i: the importance of having regular screening tests; and
ii: the risks and benefits of participation in the NCSP; and
iii: who has access to information on the NCSP register, and the uses to which that information may be put; and
iv: the objectives of the NCSP, including that of continuous quality improvement through evaluation; and
v: the possible use by screening programme evaluators of evaluation material relevant to the woman for the purpose of evaluations of the NCSP; and
c: advise the woman that she may cancel her enrolment by advising the NCSP manager under section 112G(1)
2: The NCSP manager must record on the NCSP register every result that is reported to the NCSP manager from a screening test, or from a diagnostic test, if that result relates to a woman who is enrolled in the NCSP.
112G: Procedure to prevent or cancel enrolment in NCSP
1: A woman who is enrolled in the NCSP may, at any time, cancel that enrolment by advising the NCSP manager in the manner and form specified by the NCSP manager.
2: A woman who is not enrolled in the NCSP, and who does not wish to be enrolled, may, at any time, notify the NCSP that she does not wish to be enrolled.
3: A notification under subsection (2)
a: be in the manner and form specified by the NCSP manager; and
b: include information that will enable the NCSP manager, in the future, to identify the woman as a woman who must not be enrolled in the NCSP (which information may be kept on the NCSP register and used by the NCSP manager for that purpose).
112H: Duties of NCSP manager when women cancel enrolment in NCSP
1: If a woman cancels her enrolment in the NCSP under section 112G(1) section 112G(2)
a: send a notice to the woman confirming that her enrolment in the NCSP has been cancelled or, as the case requires, that she will not be enrolled; and
b: delete any information that relates to that woman from the current NCSP register; and
c: dispose of any information that is held by the NCSP manager in hard copy format and that relates to that woman by either—
i: returning it to her; or
ii: destroying it (if she requests that it be destroyed); and
d: while that woman is not enrolled in the NCSP,—
i: ensure that no information that is provided to the NCSP and that relates to that woman is included on the NCSP register; and
ii: return or destroy any information that is provided to the NCSP and that relates to that woman.
2: Subsection (1)
3: Despite subsection (1)(c)
a: is in hard copy format; and
b: was received before the date of commencement of this section.
4: To avoid any doubt, subsection (1) Health (Retention of Health Information) Regulations 1996 (SR 1996/343)
112I: Procedure to re-enrol in NCSP
1: A woman who has cancelled her enrolment in the NCSP may re-enrol, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager.
2: A woman who has notified the NCSP manager, under section 112G(2)
112J: Certain information held by NCSP must not be disclosed
1: No person may disclose information from the NCSP register, or information that is held by the NCSP as a result of an evaluation, if that information identifies a woman unless that information is disclosed—
a: with the consent of the woman or her personal representative; or
b: to a screening programme evaluator under section 112X(2)(a)
c: to a review committee, in accordance with a request from that committee under section 112Q(1)
d: to a health practitioner who has been engaged by, or on behalf of, the woman, and the information is disclosed for the purpose of assisting that health practitioner to provide health services to that woman; or
e: for the purpose of enabling results from a screening test or a diagnostic test to be followed up; or
f: for the purpose of enabling notices related to the NCSP to be sent to women who are enrolled in the NCSP, including reminder notices to women who are due for another screening test; or
g: for the purpose of giving access to the NCSP register, in accordance with regulations made under section 112ZF(1)(a)
h: subject to any regulations made under section 112ZF(1)(b)
2: Despite subsection (1) section 112Y(2)(a) to (d)
112K: Delegation of functions and powers
1: The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 112M(2)(b) and (c), 112N(2)(b) and (c), 112ZB(2), 112ZC(2), and 112ZD(2)
2: The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this Part, on any conditions that the NCSP manager thinks fit, except—
a: any power or function delegated to the NCSP manager by the Director-General; and
b: this power of delegation.
3: Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly under this Part and not by delegation.
4: Any delegation under subsection (2)
5: Every person who purports to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
6: A delegation under this section—
a: is revocable, in writing, at will; and
b: continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and continues to have effect as if made by his or her successor in that office.
7: A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation.
8: Subsection (1) section 41 of the State Sector Act 1988 Duties to provide information to women and to NCSP
112L: Duties of persons taking specimens for screening tests
1: Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is that woman's first screening test in New Zealand, must—
a: explain the procedure and provide information about the importance of having regular screening tests, the objectives of the NCSP, the risks and benefits of participation in the NCSP, who has access to information on the NCSP register, and the uses to which that information may be put; and
b: advise the woman that she will be enrolled in the NCSP, but that she may prevent or cancel that enrolment by advising the NCSP manager under section 112G
2: Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is not that woman's first screening test in New Zealand, must provide that woman with information about the procedure and about the NCSP to the extent that is reasonable in the circumstances.
3: Subsections (1) and (2)
112M: Duty of persons performing colposcopic procedure
1: Every person who performs a colposcopic procedure on a woman must—
a: explain the procedure to the woman; and
b: provide information, to the extent that is reasonable in the circumstances, about the objectives of the NCSP and the NCSP register, the importance of having regular screening tests, who has access to information on the NCSP register, and the uses to which that information may be put; and
c: if he or she believes that the woman is not enrolled in the NCSP, advise her that she will be enrolled but that she may prevent or cancel that enrolment by notifying the NCSP manager under section 112G
d: cause a report in relation to that colposcopic procedure to be forwarded to the NCSP manager.
2: A report under subsection (1)(d)
a: be provided free of charge; and
b: contain the information specified by the Director-General; and
c: be provided in the manner and form specified by the Director-General.
112N: Duty of laboratories where specimens are analysed
1: The person in charge of a laboratory where a specimen is analysed must cause a report in relation to that specimen to be forwarded to the NCSP manager if—
a: the specimen was obtained for the purpose of a screening test; or
b: the specimen was obtained for the purpose of a diagnostic test; or
c: the specimen—
i: was obtained during a surgical procedure; and
ii: includes a cervical component.
2: A report under subsection (1)
a: be provided free of charge; and
b: contain the information specified by the Director-General; and
c: be provided in the manner and form specified by the Director-General. Review of NCSP and duty of Director-General to report
112O: Establishment of NCSP review committee
1: The Minister may from time to time, and must at least once every 3 years, establish a review committee of up to 3 persons to review—
a: the operation of the NCSP; and
b: evaluation activities of the kind described in section 112T
2: The focus of a review committee must be the continuous quality improvement of components of the NCSP, with a view to reducing the incidence and mortality rates of cervical cancer.
3: No person appointed to a review committee may be—
a: a member of Parliament; or
b: an officer or employee of the Ministry of Health; or
c: a person who is, or has been, designated under section 112U
d: a person who would have a material conflict of interest if appointed.
4: In order to facilitate the review being carried out in a timely and efficient manner, the Minister must appoint persons who collectively have an appropriate balance of skills and knowledge, including knowledge of cervical screening.
5: The Minister may appoint persons to the review committee—
a: on terms and conditions as to remuneration and other benefits that are in accordance with the appropriate fees framework determined by the Government for statutory and other bodies; and
b: on any other terms and conditions that the Minister considers appropriate.
112P: Work of review committee
1: Before beginning its review, the review committee must prepare a review plan.
2: In preparing its review plan, the review committee must—
a: ensure that the plan—
i: applies the focus referred to in section 112O(2)
ii: takes into account the need for timeliness in the completion of the review; and
b: consult with interested parties about any significant issues that may warrant review, in relation to the operation of the NCSP or evaluation activities that have been, or are proposed to be, carried out; and
c: following that consultation, determine—
i: which issues are to be reviewed; and
ii: the expected date of completion of the review; and
d: provide the review plan to the Minister for comment, and fully take into account any comments made by the Minister before finalising that plan.
3: After finalising the review plan, the review committee must conduct the review in accordance with that plan.
4: When making any recommendations resulting from its review, the review committee must take into account—
a: the objectives of the NCSP; and
b: the need for fiscal responsibility.
5: The review committee may, subject to any written direction by the Minister, regulate its own procedure.
112Q: Review committee's access to information
1: For the purposes of carrying out its review, a review committee may request any information held by the NCSP that is directly relevant to the subject matter of its review.
2: The NCSP manager must provide to a review committee any information held by the NCSP that is requested by that review committee under subsection (1)
3: To avoid doubt, the confidentiality obligations set out in section 112J
112R: Report by review committee
1: The review committee must—
a: set out in a report—
i: the details of its review; and
ii: the conclusions it has reached; and
iii: the recommendations (if any) it makes as a result of that review; and
b: submit that report to the Minister as soon as reasonably practicable after it is completed.
2: The Minister must present the report to the House of Representatives not later than 10 sitting days after the date on which the Minister receives the report from the committee, and, following that presentation, must make the report publicly available.
112S: Duty of Director-General to report
The Director-General must, from time to time, provide information to the public on the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations. Screening programme evaluators
112T: Meaning of evaluate
1: For the purposes of this Part, evaluate means to monitor and assess the service delivery and outcomes of the NCSP so as to promote the fulfilment of its objectives by determining whether there are any systemic issues to address within the programme or quality improvements that may be made to it.
2: An evaluation may, from time to time, include a review of, and an investigation into, the cases of—
a: any woman who is enrolled in the NCSP (whether or not she has developed any cervical cancer); and
b: any woman who has developed any cervical cancer (whether or not she is enrolled in the NCSP); and
c: any deceased persons to whom paragraph (a) or paragraph (b)
112U: Director-General may designate screening programme evaluators
1: The Director-General may, at any time and entirely at his or her discretion, designate 1 or more persons as screening programme evaluators on whatever terms and conditions the Director-General considers appropriate.
2: The Director-General must specify the particular evaluation functions to be performed by each person whom he or she designates as a screening programme evaluator.
3: The Director-General may limit the type of information that a person who is designated as a screening programme evaluator may have access to under this Part in accordance with the evaluation functions to be performed by that person.
112V: Criteria for designating employees of Ministry
Despite section 112U
a: the person has the technical competence to undertake the functions of a screening programme evaluator; and
b: the Ministry and the person will appropriately manage any conflicts of interest that arise.
112W: Criteria for designating persons who are not Ministry employees
Despite section 112U
a: has, or employs persons who have, the technical competence to undertake the functions of a screening programme evaluator; and
b: has in place effective arrangements to avoid or manage any conflicts of interest that may arise; and
c: will administer those arrangements properly and competently and in compliance with any conditions on which the designation is given; and
d: will comply with the obligations on that person under this Part.
112X: Power of screening programme evaluators to access specimens and health information
1: For the purposes of this section, section 112ZB, section 112ZC, and section 112ZD relevant woman
a: a woman who is enrolled in the NCSP; or
b: a woman who is not enrolled in the NCSP but who has developed any cervical cancer; or
c: a deceased woman to whom paragraph (a) or paragraph (b)
2: Except to the extent that regulations have been made under section 112ZF(1)(c) or (d) section 112U(3)
a: all information held by the persons operating the NCSP; and
b: all information on the cancer registry that relates to a relevant woman; and
c: all health information and all specimens that relate to a relevant woman and that are held by, or are otherwise under the power and control of, any—
i: health practitioner; or
ii: laboratory; or
iii: hospital.
3: A screening programme evaluator may—
a: take copies of all information and records to which he or she has access; and
b: take any specimen to which he or she has access, or take a part of that specimen.
4: A screening programme evaluator may only access or copy information and specimens under subsection (2) or (3)
5: Subsection (4) section 112ZE
6: When a screening programme evaluator accesses health information under subsection (2)(c)(i)
7: To avoid doubt, subsection (2) Health (Cervical Screening (Kaitiaki)) Regulations 1995 (SR 1995/29)
112Y: Duties of screening programme evaluators
1: No screening programme evaluator may use or disclose any evaluation material for a purpose other than performing that person's functions as a screening programme evaluator.
2: Despite subsection (1)
a: disclose evaluation material to a person who is assisting the screening programme evaluator to perform the screening programme evaluator's functions, and who requires the material for that purpose; and
b: use and disclose evaluation material for the purpose of referring a concern about the competence of a health practitioner to the authority responsible for the registration of practitioners of the profession that the person concerned practises, if the screening programme evaluator has first obtained the consent of the Director-General to use and disclose the material for that purpose; and
c: disclose evaluation material to the Accident Compensation Corporation or the Health and Disability Commissioner for the purpose of assisting an investigation into concerns about the competence of a health practitioner; and
d: use and disclose evaluation material for the purpose of advising the NCSP manager that, in the screening programme evaluator's opinion, a particular person who is enrolled in the NCSP may benefit from follow-up action; and
e: use evaluation material to prepare academic papers or articles for publication in accordance with section 112ZA
3: Every screening programme evaluator must—
a: take appropriate measures to safeguard all evaluation material from use or disclosure for a purpose other than a purpose that is specified in subsection (1) or subsection (2)
b: report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose; and
c: return all evaluation material that was provided in hard copy or electronic form to the supplier of that material as soon as it is no longer required for the purpose for which it was obtained, and destroy all copies of that material; and
d: take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the person who supplied them as soon as they are no longer required for the purpose for which they were obtained; and
e: advise each person to whom the screening programme evaluator discloses evaluation material under subsection (2)(a) section 112Z
4: Every screening programme evaluator who is not an employee of the Ministry must—
a: provide to the Director-General, as soon as practicable after completing an evaluation of a screening programme, a written report containing the results of that evaluation; and
b: provide to the Director-General, as soon as practicable after being requested by the Director-General to do so, a statutory declaration as to whether or not the requirements of subsection (3)(a) to (c)
5: Subsections (1) and (3)(a) and (c) section 112ZE
112Z: Duties of persons to whom evaluation material is supplied by screening programme evaluator
1: Every person to whom evaluation material is supplied by a screening programme evaluator, under section 112Y(2)(a)
a: use that material only for the purpose for which it was supplied; and
b: take appropriate measures to safeguard that material from disclosure to any other person; and
c: return all evaluation material that was provided in hard copy or electronic form to the screening programme evaluator as soon as it is no longer required for the purpose for which it was supplied, and destroy all copies of it; and
d: take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the screening programme evaluator as soon as they are no longer required for the purpose for which they were supplied.
2: Subsection (1) section 112ZE
112ZA: Screening programme evaluator may publish non-identifiable information obtained during evaluation
1: Despite section 112Y(1)
a: the paper or article does not contain information that could identify any individual person, without that person's consent; and
b: the NCSP manager consents to the publication of the paper or article and to the timing of that publication; and
c: the publication of the paper or article is in accordance with any regulations made under section 112ZF(1)(f)
2: The NCSP manager may not withhold consent under subsection (1)(b) Duties to provide information to screening programme evaluators
112ZB: Duty of health practitioners
1: Every health practitioner must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman.
2: The Director-General may specify, by notice in writing to the health practitioner, the manner and form in which health information or specimens that are required to be made available under subsection (1)
112ZC: Duty of persons who hold specimens
1: The person in charge of a laboratory or other premises where specimens are held must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman.
2: The Director-General may specify, by notice in writing to the person in charge of the laboratory or other premises, the manner and form in which health information or a specimen that is required to be provided under subsection (1)
112ZD: Duty of hospitals
1: The person in charge of a hospital must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman.
2: The Director-General may specify, by notice in writing to the person in charge of the hospital, the manner and form in which health information or a specimen that is required to be provided under subsection (1) Miscellaneous
112ZE: Screening programme employees may retain, access, use, and disclose information to perform functions
1: Nothing in this Part prevents any employee of the NCSP from retaining, accessing, using, and disclosing any information to the extent necessary to perform his or her functions as an employee of that programme, including—
a: information that is held by or accessible to the persons operating the NCSP; and
b: information and evaluation material obtained by that employee for the purposes of performing an evaluation (including information obtained in his or her capacity as a screening programme evaluator or as a person assisting a screening programme evaluator); and
c: information and evaluation material provided to the NCSP by a screening programme evaluator during or following an evaluation.
2: For the purposes of subsection (1)
a: is appointed to operate that programme, or to perform particular functions in relation to the operation of that programme, by the Director-General or the Ministry; or
b: is employed to work in that programme by the Ministry or by the persons appointed to operate the programme.
112ZF: Regulations
1: Regulations may be made under this Part for any 1 or more of the following purposes:
a: regulating access to information held by the NCSP by persons researching cancer:
b: prohibiting the disclosure, under section 112J(1)(h)
c: imposing restrictions, in addition to those imposed by this Part, on the use, disclosure, and publication of information held by the NCSP:
d: prohibiting the use, disclosure, and publication of information from the NCSP register, or derived from the operation of the NCSP, if the information relates to any class or classes of person specified in the regulations, including prohibiting the use, disclosure, and publication of that information without the approval of any person or group of persons or body or organisation specified in the regulations:
e: providing for the establishment, appointment, procedures, and powers of any person or group of persons or body or organisation established to perform specific functions or to make specific decisions that relate to the NCSP or to the matters referred to in paragraphs (b) and (d)
f: imposing restrictions on the publication by screening programme evaluators, under section 112ZA
g: prescribing standards that must be met by providers of screening, diagnostic, and treatment services relevant to the NCSP, and the means of implementing those standards:
h: prescribing offences for a breach of—
i: a regulation made under any of paragraphs (a) to (f)
ii: a standard prescribed under paragraph (g)
i: setting out defences to offences prescribed under paragraph (h)
j: setting the maximum penalty for each offence prescribed under paragraph (h) section 136
2: Before making regulations under subsection (1)
a: adequate and appropriate notice of the intention to make the regulations; and
b: a reasonable opportunity for interested persons to make submissions; and
c: adequate and appropriate consideration of any submissions received.
3: Subsection (2) subsection (1)(g)
a: incorporate standards by reference; or
b: state that an amendment to, or replacement of, standards incorporated by reference has legal effect as part of the regulations.
112ZG: Incorporation of standards by reference in regulations
1: Regulations made under section 112ZF(1)(g)
2: Standards may be incorporated by reference in regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: Standards incorporated by reference in regulations have legal effect as part of the regulations.
112ZH: Effect of amendments to, or replacement of, standards incorporated by reference in regulations
An amendment to, or replacement of, standards incorporated by reference in regulations ( regulations A section 112ZF(1)(g)
112ZI: Proof of standards incorporated by reference
1: A copy of standards incorporated by reference in regulations, including any amendment to, or replacement of, the standards, ( standards
a: certified as a correct copy of the standards by the Director-General; and
b: retained by the Director-General.
2: The production in proceedings of a certified copy of the standards is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the standards.
112ZJ: Effect of expiry or revocation of standards incorporated by reference
Standards incorporated by reference in regulations that expire or that are revoked or that cease to have effect cease to have legal effect as part of the regulations only if regulations made under section 112ZF(1)(g)
112ZK: Requirement to consult
1: This section applies to regulations made under section 112ZF(1)(g)
a: incorporate standards by reference; or
b: state that an amendment to, or replacement of, standards incorporated by reference in regulations has legal effect as part of the regulations.
2: Before regulations to which this section applies are made, the Director-General must—
a: prepare the standards proposed to be incorporated by reference or the proposed amendment to, or replacement of, standards incorporated by reference ( proposed standards
b: make copies of the proposed standards available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry of Health and at any other places that the Director-General determines are appropriate; and
c: make copies of the proposed standards available for purchase at a reasonable price; and
d: make copies of the proposed standards available on an Internet website maintained by or on behalf of the Ministry of Health; and
e: give notice in the Gazette
i: the proposed standards are available for inspection during working hours free of charge, the place or places at which they can be inspected, and the period during which they can be inspected; and
ii: copies of the proposed standards can be purchased and the place or places at which they can be purchased; and
iii: the standards are available on the Internet free of charge, and the website address; and
f: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed standards by reference; and
g: consider any comments they make.
3: A failure to comply with this section does not invalidate regulations that incorporate standards by reference.
112ZL: Access to standards incorporated by reference
1: The Director-General must—
a: make the standards referred to in subsection (2) standards
b: make copies of the standards available for purchase at a reasonable price; and
c: make copies of the standards available on an Internet website maintained by or on behalf of the Ministry of Health; and
d: give notice in the Gazette
i: the standards are incorporated in the regulations and the date on which the regulations were made; and
ii: the standards are available for inspection during working hours free of charge and the place or places at which they can be inspected; and
iii: copies of the standards can be purchased and the place or places at which they can be purchased; and
iv: the standards are available on the Internet, free of charge, and the website address.
2: The standards are—
a: standards incorporated by reference in regulations made under section 112ZF(l)(g)
b: any amendment to, or replacement of, those standards that is incorporated in the regulations or the standards referred to in paragraph (a)
3: A failure to comply with this section does not invalidate regulations that incorporate standards by reference.
112ZM: Acts and Regulations Publication Act 1989 The Acts and Regulations Publication Act 1989
112ZN: Application of
Regulations (Disallowance) Act 1989
1: Nothing in section 4 of the Regulations (Disallowance) Act 1989
2: The Regulations (Disallowance) Act 1989 section 4 of that Act subsection (1) of this section
112ZO: Application of
Standards Act 1988 Sections 112ZG to 112ZN sections 22 to 25 of the Standards Act 1988
112ZP: Offences
1: Every person commits an offence against this Act who, without reasonable excuse, fails to comply with the requirements of any of section 112J(1), section 112Y(1), (3)(e), or (4)(b), or section 112Z
2: Every person commits an offence against this Act who, without reasonable excuse, fails to make available any information or specimens that the person is required to make available under any of sections 112ZB, 112ZC, and 112ZD
3: Every person who commits an offence under subsection (2)
5: Regulations as to retention of health information
1: Section 121A(1)(a) health information health information or specimens
2: Section 121A(1)(b) health information health information or specimens
3: Section 121A(1)(c) health information health information or specimens
4: Section 121A(1)(c) that information that information or those specimens
5: Section 121A(2) and specimen means a bodily sample or tissue sample taken from a person
6: Transitional provision
1: To avoid doubt, and without limiting their rights and obligations under this Part, every person who, immediately before the commencement of this section, was employed by the Director-General under the State Sector Act 1988
2: The NCSP manager must take reasonable steps to ensure that information about the programme and the effect of this Act is made available to women who have results included on the NCSP register.
3: Despite section 74A(5) subsection (2)
4: For the purposes of this section,— NCSP NCSP
a: the person appointed under section 112C(3)
b: if no person has been appointed as the NCSP manager, the Director-General NCSP register section 74A
7: Further transitional provision relating to enrolment in NCSP
1: The NCSP register is the same register that was maintained under section 74A
2: Every woman who, immediately before the commencement of this section, had results included on the NCSP register is deemed to have been enrolled in the NCSP in accordance with section 112E
3: To avoid doubt, subsection (2)
4: If the NCSP manager knows that a woman, before the commencement of this section, requested that all results that relate to her be removed from the NCSP register, the NCSP manager must take reasonable steps to deal with all information held by the NCSP relating to that woman in accordance with section 112H section 112G(1)


Taxation (Disaster Relief) Act 2004

1: Title
This Act is the Taxation (Disaster Relief) Act 2004.
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: Sections 4 to 6 8(2)
1: Amendments to
Income Tax Act 1994
3: Income Tax Act 1994 This Part amends the Income Tax Act 1994
4: Estimated provisional tax
1: After section MB 3(6)
7: This section is subject to section MB 3B
2: Subsection (1)
5: New
section MB 3B
1: After section MB 3
MB.3B: Provisional taxpayer affected by qualifying event
1: This section applies to a taxpayer who is significantly affected by a qualifying event.
2: A taxpayer to whom this section applies may, despite the provisions of section MB 3(1)
3: The Commissioner may, despite section MB 3(1)
a: the taxpayer is significantly affected by a qualifying event; and
b: an effect on the taxpayer of the occurrence of a qualifying event is that—
i: it is not reasonable to require the taxpayer to deliver an estimate or a revised estimate of residual income tax payable by the taxpayer in respect of the income year in accordance with section MB 3(1)
ii: the basis on which the taxpayer has chosen to pay provisional tax is now inappropriate; and
c: the taxpayer requested acceptance of the estimate or revised estimate as soon as practicable.
4: The effect of a revised estimate accepted under subsection (3)
2: Subsection (1)
6: Definitions
In section OB 1 qualifying debenture qualifying event section MB 3B
a: the extreme climatic conditions which occurred during the month of February 2004 in New Zealand:
b: any naturally occurring event which occurs in a subsequent year in respect of which a state of emergency is declared under Part 4 of the Civil Defence Emergency Management Act 2002
2: Amendments to
Tax Administration Act 1994
7: Tax Administration Act 1994 This Part amends the Tax Administration Act 1994
8: New
section 183ABA
1: After section 183A
183ABA: Remission in circumstances of qualifying event
1: This section applies when the Commissioner considers a taxpayer is significantly affected by a qualifying event as defined in section OB 1 of the Income Tax Act 1994
2: If this section applies and an affected taxpayer is liable to a late filing penalty or a non-electronic filing penalty, or is liable to pay a late payment penalty, or has been charged with interest under Part 7
3: The Commissioner may remit the penalty and interest referred to in subsection (2)
a: the effect on the taxpayer of the occurrence of the qualifying event makes it equitable that the penalty or interest be remitted; and
b: the taxpayer applied for the remission as soon as practicable.
4: For the purposes of this section and section MB 3B of the Income Tax Act 1994 Part 4 of the Civil Defence Emergency Management Act 2002
5: An Order in Council made under subsection (4)
2: Subsection (1) sections 183ABA(4) and (5)
3: Subsection (1) sections 183ABA(4) and (5)


1: Title
1: This Act is the Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to extend to 31 December 2004 the moratorium on the granting of coastal permits for aquaculture activities; and
b: to extend the time limit within which the Minister of Conservation must make a recommendation for the earlier expiry of the moratorium in relation to specified areas as requested by regional councils; and
c: in relation to coastal permits for aquaculture activities granted during the period from 1 June 1995 to 1 August 2003, to—
i: provide that they are given effect to when a marine farming permit or spat catching permit is applied for under the Fisheries Act 1983
ii: continue in force those that have lapsed.
2: Amendments to principal Act
4: Lapsing of consent
Section 125
3: This section is subject to section 150G
5: Interpretation
Section 150A paragraph (b)(i) moratorium
i: 31 December 2004; or .
6: Earlier expiry of moratorium in relation to specified areas
1: Section 150C(l) the date that is 2 years after the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002 31 December 2004
2: Section 150C(3) 20 40
7: New heading and
section 150G The principal Act is amended by inserting, after section 150F Certain coastal permits continued
150G: Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
1: This section applies to coastal permits issued—
a: in the period beginning on 1 June 1995 and ending with the close of 1 August 2003; and
b: for the occupation of an area in the coastal marine area for the purpose of aquaculture activities, and for any activity related to that occupation.
2: A coastal permit is given effect to when the holder of the permit applies under section 67J or section 67Q of the Fisheries Act 1983
3: A coastal permit that has lapsed under section 125 section 125 section 67J or section 67Q of the Fisheries Act 1983


Fisheries Amendment Act 2004

1: Title
1: This Act is the Fisheries Amendment Act 2004.
2: In this Act, the Fisheries Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
1: The main purpose of this Act is to implement a negotiated settlement agreement reached between the Crown and the commercial seafood industry in respect of the under-recovery and over-recovery of the costs of fisheries services and conservation services relating to the period 1 October 1994 to 30 September 2002.
2: This Act—
a: validates various cost recovery levy orders and rules relating to the relevant period:
b: provides for the reduction (or increase, in some cases) of the total amount to be recovered for any stock for the year commencing 1 October 2003 and subsequent years by the relevant amount of the agreed settlement sum allocated to that stock.
3: This Act also—
a: amends an offence provision in relation to fishing-related activities carried out to obtain a benefit in contravention of the principal Act:
b: clarifies that references in the principal Act to this Act include references to rules and regulations made under that Act.
4: Act binds the Crown
This Act binds the Crown.
2: Amendments to principal Act
5: Interpretation
Section 2 subsection (1)
1A: References to this Act
6: New
section 233 The principal Act is amended by repealing section 233
233: Knowingly acting in contravention of Act to obtain a benefit
1: Every person commits an offence who obtains any benefit by knowingly taking, possessing, receiving, procuring, processing, conveying, selling, or otherwise dealing with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
2: Every person commits an offence who, with the intention of obtaining any benefit, knowingly takes, possesses, receives, procures, processes, conveys, sells, or otherwise deals with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
3: For the purposes of this section, benefit
4: Every person who commits an offence against subsection (1) or subsection (2) section 252(1)
7: Penalties
Section 252(1) paragraph (c)
c: section 233(1) and (2)
8: Levies
Section 264(2) The Minister must Subject to section 265A
9: New
section 265 The principal Act is amended by repealing section 265
265: Under-recovery and over-recovery of costs
Without limiting anything in section 264 section 265A section 264
a: were either—
i: not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983
ii: over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983
b: the Minister has not previously had regard to under this section.
10: New
section 265A
1: The principal Act is amended by repealing section 265A
265A: Recommendation for levies payable in year commencing 1 October 2003 and subsequent years
1: In making a recommendation under section 264
a: first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and
b: then—
i: in the case of a stock or other grouping listed in Part 1 of Schedule 9A
ii: in the case of a stock listed in Part 2 of Schedule 9A
2: In making a recommendation under section 264 Part 1 of Schedule 9A
3: Where the Minister makes a recommendation under section 264
a: adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and
b: notify the adjusted remaining balance in accordance with subsection (5)
4: For the purposes of subsections (2) and (3) and section 265
a: no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and
b: any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded.
5: The Minister must, as soon as practicable after making any recommendation under section 264 subsection (1)(b)(i) or subsection (2) or subsection (3) Gazette
6: In this section, remaining balance Part 1 of Schedule 9A subsection (l)(b)(i) or subsection (2) subsection (3)
2: Despite anything in the principal Act, for the purposes of levies payable for the year commencing on 1 October 2003—
a: the Fisheries (Cost Recovery Levies for Conservation Services) Order 2003 (SR 2003/209) Fisheries (Cost Recovery Levies for Fisheries Services) Order 2003 (SR 2003/210)
b: any order made under section 264
c: no levy payable under any such order is payable earlier than 1 month after the date of commencement of the order.
11: Certain notices to have status of regulations
Section 303(2) 188, 265A(5)
12: New
Schedule 9A
1: The principal Act is amended by inserting, after Schedule 9 Schedule 1
2: The Governor-General may, by Order in Council,—
a: amend Schedule 9A
b: where any settlement sum allocated under that schedule is allocated to a species generally rather than one or more stocks in specified quota management areas, on the advice of the Minister given after having regard to the total allowable commercial catch fixed for each quota management area, amend that schedule to allocate the settlement sum between different stocks of that species in different quota management areas:
c: amend that schedule to reflect the remaining balance of all or any settlement sums remaining as at a specified date.
3: An Order in Council made under subsection (2) Schedule 9A Subsection (2) substituted 1 October 2004 64 Fisheries Amendment Act (No 3) 2004 Subsection (3) inserted 1 October 2004 64 Fisheries Amendment Act (No 3) 2004
13: Certain orders and rules validated
1: The orders set out in Schedule 2
2: The following rules are deemed to be valid for all purposes for all periods ending on or before 30 September 2002, and every purported recommendation of the Minister made in respect of or under those rules and any such period is deemed to be and always to have been validly made:
a: the Fisheries (Cost Recovery) Rules 2001
b: the Fisheries (Cost Recovery) Amendment Rules 2002
3: Nothing in subsection (1) section 14(l)(a) of the Subordinate Legislation (Confirmation and Validation) Act 2002


1: Title
1: This Act is the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to facilitate the smooth transfer of hazardous substances from transitional controls to the appropriate control regime under the principal Act; and
b: to enable the Authority to assign cost-effective controls to hazardous substances.
2: Amendments to principal Act and related provisions
4: Delegation by Authority
Section 19(2)
h: the power to decide any application for any permission or licence under Part 6
i: any employee of the Ministry of Agriculture and Forestry, any Medical Officer of Health (as defined in section 2(1) of the Health Act 1956 section 97
ii: if there is no employee or enforcement officer with the relevant experience, any other person with the relevant experience, whether or not that person is a member of the Authority:
i: the power to decide any application for any licence under Part 6 section 84
5: New
section 77A The principal Act is amended by inserting, after section 77
77A: Authority's power to impose controls and vary specified controls
1: The Authority may, at the time it approves a substance for any purpose under this Act, impose as controls under this section any obligations and restrictions that the Authority thinks fit.
2: Without limiting anything in subsection (1)
a: in approving a substance, specify as a control under this section an obligation to obtain a permission under section 95A
b: in approving a substance, specify as a control under this section an obligation to obtain a licence under section 95B
3: Obligations and restrictions imposed under this section are controls for the purposes of this Act, and such controls may—
a: be additional to other specified controls; or
b: vary other specified controls; or
c: be in substitution for other specified controls; or
d: combine other specified controls; or
e: delete other specified controls.
4: Before imposing a control under this section, the Authority must be satisfied that, against any other specified controls that apply to the substance,—
a: the proposed control is more effective in terms of its effect on the management, use, and risks of the substance; or
b: the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
c: the proposed control is more likely to achieve its purpose.
5: In this section, other specified controls means controls imposed by or under any other section of this Act, and includes controls imposed by regulations made under this Act.
6: New
sections 95A 95B The principal Act is amended by inserting, after section 95 Permissions and licences
95A: Permissions
1: This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)(a)
2: An application for a permission under this section must be made in a form approved by the Authority, and must be accompanied by the appropriate charge (if any) fixed under section 21
3: In considering an application, the Authority must consider—
a: the adverse effects involved in the use or uses of the substance to which the application relates; and
b: the conditions (if any) that it thinks should be imposed as part of the permission.
4: The Authority may grant a permission subject to any conditions it may specify in the permission that are consistent with the approval of the substance.
5: The holder of a permission granted under this section is authorised to use the substance specified in the permission in accordance with the approval of the substance and the holder's permission.
6: A permission granted under this section must be in writing and in a form approved by the Authority.
7: The Authority may, at any time by notice in writing to the holder of a permission granted under this section,—
a: add or delete any conditions, or otherwise vary any conditions:
b: revoke a permission granted to the holder under this section.
95B: Licences
1: This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)(b)
2: An application for a licence under this section must—
a: be made in a form prescribed by regulations referred to in subsection (4)
b: be accompanied by the appropriate charge (if any) fixed under section 21
3: The Authority—
a: must grant a licence under this section if satisfied that the applicant—
i: is a fit and proper person to possess the substance concerned; and
ii: meets the relevant test certification requirements that apply to the substance under section 82
b: may make the licence subject to any conditions it may specify in the licence.
4: Regulations made under section 76 or section 140
a: specify the criteria the Authority must consider in deter-mining whether the applicant is a fit and proper person:
b: specify any other matters that the Authority may consider in determining whether to grant a licence under this section:
c: prescribe the form of an application for a licence under this section:
d: provide for the variation of licences under this section and provide for their revocation:
e: provide for any other matters necessary for the administration of licences under this section.
5: The holder of a licence granted under this section is authorised to possess the substance specified in the licence in accordance with the approval of the substance and the holder's licence.
7: Offences
Section 109(1) paragraph (e)
ea: fails to comply with a condition on a licence or permission granted under section 95A or section 95B .
8: Penalties
Section 114(1) or paragraph (e) or paragraph (ea)
9: Appeals
Section 125 subsection (1)
1A: A person may appeal to the District Court against—
a: a decision of the Authority, under section 95A
i: about the terms and conditions of a permission held by the person; or
ii: declining to grant the person a permission or revoking a permission held by the person; or
b: a decision of the Authority, under section 95B
i: about the terms and conditions of a licence held by the person; or
ii: declining to grant the person a licence or revoking a licence held by the person.
10: New
section 142A The principal Act is amended by inserting, after section 142
142A: Exemptions from approval requirements
1: Without limiting sections 160 and 160A Part 5
2: The Authority may grant an exemption under subsection (1)
a: the adverse effects of the substance are being adequately managed; and
b: the relevant requirements under Parts 11 to 16
3: An exemption under subsection (1)
a: be granted to or in respect of 1 or more of the following:
i: any person or persons:
ii: any premises or class of premises:
iii: any substance or group of substances:
b: be expressed to apply either particularly or generally.
4: The Authority must notify an exemption granted under sub-section (1)
a: specifying the effect, period, and conditions of the exemption in a public notice; and
b: if the exemption is granted to a person or in respect of any facility, notifying the person or the manager of the facility of the exemption.
5: The Authority may determine the form of public notices and other notifications under subsection (4)
6: This section expires on the expiry of Parts 11 to 16 and Schedule 7 section 152 subsection (1)
11: Exemptions from regulations
1: The heading to section 154 and provisions of Parts 11 to 16
2: Section 154
4: Without limiting the provisions of subsection (1) Parts 11 to 16
5: The Authority may grant an exemption under subsection (4)
6: Subsection (3) subsection (4)
7: The Authority must notify an exemption granted under subsection (1) or subsection (4)
a: specifying the effect, period, and conditions of the exemption in a public notice; and
b: if the exemption is granted to a person or in respect of any facility, notifying the person or the manager of the facility of the exemption.
8: The Authority may determine the form of public notices and other notifications under subsection (7)
12: New
sections 160A 160B The principal Act is amended by inserting, after section 160
160A: Notices of transfer relating to transitional matters
1: The Authority may from time to time, by notice in the Gazette
2: A notice of transfer may do 1 or more of the following:
a: provide that the substance or group of substances are no longer subject to the provisions of Parts 11 to 16
b: deem the substance or group of substances to have been assessed and approved by the Authority under section 29
c: deem the substance or group of substances to have the hazard classifications specified in the notice.
3: In every notice of transfer under this section, the Authority must specify 1 or more hazard classifications (as prescribed by regulations made under section 74
4: Unless varied under section 160B
5: However, if the substance is a compressed gas and the proper-ties of the gas that is compressed are not intrinsically hazardous,—
a: an approval under this Act is not required for the compressed gas; and
b: the requirement in subsection (3)
c: subsection (6)(a) hazardous substances compressed gases
d: unless varied under section 160B section 140(1)(c)
6: Before issuing a notice of transfer under this section, the Authority must—
a: consider the best international practices and standards for the safe management of hazardous substances; and
b: do everything reasonably practicable on its part to advise all persons, who in its opinion may be affected by the notice of transfer, of the proposed terms of the notice of transfer; and
c: give those persons a reasonable opportunity to make submissions and comments to the Authority on the proposed terms of the notice of transfer; and
d: consider all submissions and comments received.
7: Section 141A
8: A notice of transfer under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
160B: Controls may be imposed for purposes of notice of transfer
1: Before giving a notice of transfer under section 160A subsection (2)
2: For the purpose of subsection (1) sections 77 and 77A subsection (4)
a: with the necessary modifications; and
b: as if every reference in those sections to substance
3: Before varying or deleting any controls for the purpose of subsection (1)
4: Section 77A(4) subsection (1)
a: the control being varied on transfer relates to a previous management practice; or
b: the control being deleted on transfer existed under Parts 11 to 16
13: Other amendments to principal Act
The principal Act is amended in the manner set out in the Schedule.