Hauraki Gulf Marine Park Act 2000

1: Title
This Act is the Hauraki Gulf Marine Park Act 2000.
2: Commencement
This Act comes into force on the date on which this Act receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
b: establish the Hauraki Gulf Marine Park:
c: establish objectives for the management of the Hauraki Gulf, its islands, and catchments:
d: recognise the historic, traditional, cultural, and spiritual relationship of the tangata whenua with the Hauraki Gulf and its islands:
e: establish the Hauraki Gulf Forum.
4: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2 catchment coastal area
a: land providing access to coastal water; or
b: land containing an uninterrupted ecological sequence of habitats and vegetation; or
c: land with historic features related to the coast coastal marine area
a: of which the seaward boundary is the outer limit of the territorial sea:
b: of which the landward boundary is the line of mean high water springs, except that, where that line crosses a river, the landward boundary at that point is the lesser of—
i: 1 kilometre upstream from the mouth of the river; or
ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal water conservation area
a: land or foreshore for the time being held under the Conservation Act 1987
b: land in respect of which an interest is held under the Conservation Act 1987 Conservation Board section 6L constituent party section 16(2) Deed of Recognition section 44 economic activity environment
a: ecosystems and their constituent parts, including people and communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters foreshore Hauraki Gulf Gulf
a: means the coastal marine area on the east coast of—
i: the Auckland Region, as constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette
ii: the Waikato Region, as constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette
b: includes estuaries and the tidal parts of rivers and creeks on the east coast of the Auckland Region and the east coast of the Waikato Region Hauraki Gulf Forum Forum section 16 Hauraki Gulf Marine Park Park section 33 local authority Local Government Act 2002 Maori land Maori customary land Te Ture Whenua Maori Act 1993 marine mammal sanctuary Marine Mammals Protection Act 1978 marine reserve Marine Reserves Act 1971 mataitai reserve Gazette Fisheries Act 1996 Minister regional council Local Government Act 2002 regional park Local Government Act 1974 reserve Reserves Act 1977 taiapure-local fishery Part 9 territorial authority Local Government Act 2002 wildlife refuge Wildlife Act 1953 wildlife sanctuary Wildlife Act 1953 Section 4 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002
5: Act to bind the Crown
This Act binds the Crown.
6: Treaty of Waitangi (Te Tiriti o Waitangi)
1: Subject to subsections (2) and (4), the provisions of Part 3 Treaty of Waitangi (Te Tiriti o Waitangi)
2: Subsection (1) does not apply in respect of any area of the Park that is foreshore, seabed, private land, taiapure-local fishery, or mataitai.
3: When carrying out its functions under Part 2 Treaty of Waitangi (Te Tiriti o Waitangi)
4: Nothing in Part 1 Part 3 Part 4 Treaty of Waitangi (Te Tiriti o Waitangi) Schedule 1
1: Management of Hauraki Gulf
7: Recognition of national significance of Hauraki Gulf
1: The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.
2: The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—
a: to provide for—
i: the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and
ii: the social, economic, recreational, and cultural well-being of people and communities:
b: to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:
c: to maintain the soil, air, water, and ecosystems of the Gulf.
8: Management of Hauraki Gulf
To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—
a: the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:
b: the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
c: the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:
d: the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:
e: the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:
f: the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.
9: Relationship of Act with Resource Management Act 1991
1: For the purposes of this section and section 10 district plan plan proposed plan regional plan regional policy statement resource consent New Zealand coastal policy statement Resource Management Act 1991 regional council territorial authority Local Government Act 2002
2: A regional council must ensure that any part of a regional policy statement or a regional plan that applies to the Hauraki Gulf, its islands, and its catchments does not conflict with sections 7 8
3: A territorial authority must ensure that any part of a district plan that applies to the Hauraki Gulf, its islands, and catchments does not conflict with sections 7 8
4: A consent authority must, when considering an application for a resource consent for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 8 Resource Management Act 1991
5: The provisions of section 55 sections 7 8 Section 9 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
10: Creation of New Zealand coastal policy statement by this Act
1: For the coastal environment of the Hauraki Gulf, sections 7 8 Resource Management Act 1991
2: For the coastal environment of the Hauraki Gulf, if there is a conflict between sections 7 8 Resource Management Act 1991
3: The provisions of section 55 Section 10 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
11: Statements of general policy under Conservation Act 1987 and Acts in Schedule 1 of that Act
1: For the purposes of each of the following Acts for the Hauraki Gulf, sections 7 8
a: Wildlife Act 1953, section 14C
b: Marine Reserves Act 1971, section 6
c: Reserves Act 1977, section 15A
d: Wild Animal Control Act 1977, section 5
e: Marine Mammals Protection Act 1978, section 3B
f: National Parks Act 1980, section 44
g: Conservation Act 1987, section 17B
h:
2: Where a statement of general policy is created by this section and the Act to which that statement of general policy applies contains a provision stating that the general policy must not derogate from the provisions of that Act, the requirement in subsection (1) may be implemented for the Hauraki Gulf only to the extent that implementation does not derogate from the provisions of that Act.
3: Where a conservation management strategy or a conservation management plan made under an Act listed in this section derogates from a statement of general policy created by this section, the requirement that the strategy or plan must not derogate from a statement of general policy does not take effect for any statement of general policy made under this section until the date that the strategy or plan is next amended or reviewed. Section 11(1)(h) repealed 30 September 2008 section 82 Walking Access Act 2008
12: Amendment to Fisheries Act 1996
Amendment(s) incorporated in the Act(s)
13: Obligation to have particular regard to sections 7 and 8
Except as provided in sections 9 to 12 Schedule 1 sections 7 8
14: Preservation of existing rights
1: Nothing in this Act limits or affects any title or right to ownership of the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments, whether that title or right to ownership is conferred by Act, common law, or in any other manner.
2: Nothing in this Act limits or affects the ability of any person to bring a claim or to continue any existing claim in any court or tribunal relating to the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments arising out of the application of the Treaty of Waitangi
3: Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2).
2: Hauraki Gulf Forum
15: Purposes of Forum
The Forum has the following purposes:
a: to integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand:
b: to facilitate communication, co-operation, and co-ordination on matters relating to the statutory functions of the constituent parties in relation to the Hauraki Gulf, its islands, and catchments, and the Forum:
c: to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.
16: Establishment of Forum
1: A body called the Hauraki Gulf Forum is established.
2: The Forum consists of the following representatives:
a: 1 representative appointed by the Minister:
b: 1 representative appointed by the Minister of Fisheries:
c: 1 representative appointed by the Minister of Maori Affairs:
ca: 7 representatives appointed by the Auckland Council:
d: 1 representative appointed by each of the following local authorities:
i:
ii:
iii:
iv: Hauraki District Council:
v:
vi: Matamata-Piako District Council:
vii:
viii:
ix: Thames-Coromandel District Council:
x: Waikato District Council:
xi: Waikato Regional Council:
xii:
e: 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.
f:
2A: The representatives appointed in accordance with subsection (2)(ca)
a: be members of—
i: the Auckland Council; or
ii: a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001; and
b: include 1 member of each of the Great Barrier Island and Waiheke Island local boards.
3: The representatives appointed in accordance with subsection (2)(d) or Local Electoral Act 2001
4:
5: If two-thirds or more of the constituent parties agree, a local authority whose powers and functions may have an effect on the Hauraki Gulf, its islands, and catchments, and whose inclusion in the Forum will further the interests of the Forum and of the Hauraki Gulf may join the Forum as a constituent party and appoint a representative to the Forum. Section 16(2)(ca) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(i) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(ii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(iii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(v) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(vii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(viii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(xii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(f) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 16(4) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
17: Functions of Forum
1: To promote sections 7 8
a: to prepare a list of strategic issues, determine a priority for action on each issue, and regularly review that list:
b: to facilitate and encourage co-ordinated financial planning, where possible, by the constituent parties:
c: to obtain, share, and monitor information on the state of the natural and physical resources:
d: to receive reports on the completion and implementation of deeds of recognition:
e: to require and receive reports from constituent parties on the development and implementation of policies and strategies to address the issues identified under paragraph (a):
f: to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans:
g: to prepare and publish, once every 3 years, a report on the state of the environment in the Hauraki Gulf, including information on progress towards integrated management and responses to the issues identified in accordance with paragraph (a):
h: to promote and advocate the integrated management and, where appropriate, the sustainable management of the Hauraki Gulf, its islands, and catchments:
i: to encourage, share, co-ordinate where appropriate, and disseminate educational and promotional material:
j: to liaise with, and receive reports from, persons and groups having an interest in the Hauraki Gulf and business and community interests to promote an interest in the purposes of the Forum:
k: to commission research into matters relating to the functions of the Forum.
2: When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.
18: Powers of Forum
1: The Forum has the powers that are reasonably necessary to carry out its functions.
2: The Forum's powers include the powers—
a: to consider issues related to its purpose; and
b: to receive reports from constituent parties; and
c: to make recommendations to constituent parties; and
d: to advise any person who requests the Forum's advice; and
e: to commission or undertake those activities that are necessary to achieve its purpose.
3: The Forum must not—
a: appear before a court or tribunal other than as a witness if called by a party to proceedings; or
b: take part in a decision-making process under any enactment other than to advise when requested to do so.
19: Costs of administrative and servicing functions of Forum
1: The administrative and servicing functions of the Forum and the costs of those functions must be agreed from time to time by the Forum.
2: Unless the constituent parties agree otherwise, the costs agreed under subsection (1) must be divided equally among the constituent parties and each constituent party must pay 1 share of the costs.
3: Administrative and servicing costs are not payable by constituent parties who are tangata whenua representatives.
20: Costs of other activities
1: The Forum may undertake an activity under section 18(2)(e)
a: a majority of the representatives agrees to undertake the activity; and
b: 1 or more of the constituent parties (other than tangata whenua representatives) agree in advance to pay the costs of the activity.
2: If the costs of an activity are not agreed in advance, the Forum must not proceed with the activity.
3: Section 18(3)
4: This section does not apply to the administrative and servicing functions in section 19
21: Presentation of report
The Forum must present a copy of each report prepared by it under section 17(1)(g)
22: Forum to be joint committee
1: Subject to section 28 clause 30(1)(b)
2: Clauses 20 22 23 24 26 28 29 30(2)
3: The Forum may appoint such subcommittees as it considers appropriate. Section 22 substituted 1 July 2003 section 262 Local Government Act 2002
23: Forum to follow model standing orders
1: Unless three-quarters of the representatives present at a meeting of the Forum agree otherwise, at its meetings the Forum must follow the New Zealand Standard for standing orders (NZS: 9202:1992).
2: If the Forum agrees in accordance with subsection (1) to adopt other standing orders, those standing orders must not contravene the provisions of the Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Section 23(2) amended 1 July 2003 section 262 Local Government Act 2002
24: Term of representatives
1: Each representative appointed by a constituent party (other than tangata whenua representatives) may serve on the Forum for the period of time determined by the constituent party that appointed the representative.
2: A tangata whenua representative may serve on the Forum for the period of time determined by the Minister at the time of the appointment.
25: Appointment of chairperson
The Forum may from time to time appoint one of the representatives to act as chairperson and that chairperson holds office for the period agreed by the Forum at the time of that chairperson's appointment.
26: Powers and obligations of constituent parties
Each constituent party (other than tangata whenua representatives)—
a: may acquire, hold, and dispose of real or personal property for the use of the Forum; and
b: may remunerate its representative or representatives for the cost of that person's participation in the Forum; and
c: must provide to the Forum such information or reports as may be required by the Forum; and
d: must pay administration and servicing costs in accordance with section 19
e: must pay the costs of any activity that the constituent party has agreed to pay; and
f: may carry out any other functions or duties specified in this Act.
27: Powers and obligations of Auckland Council
The Auckland Council must store the Forum's records and make them available when the Forum requires. Section 27 substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
28: Appointment and functions of administering authority
1: The constituent parties may, from time to time by agreement with the appointee, appoint one of their number to be the administering authority for the purposes of this Part for a period of no less than 3 years.
2: If, at the first meeting of the Forum or at the first meeting of the Forum after the term of an appointment of an administering authority has expired, the constituent parties fail to make an appointment, the Minister must appoint one of the constituent parties to be the administering authority.
3: A constituent party appointed as the administering authority may be reappointed.
4: The administering authority must—
a: administer and service the Forum; and
b: ensure as far as practicable that the functions, powers, and duties set out in this Part are carried out.
5: For administrative purposes, the Forum is to be treated as a committee of the administering authority.
29: Payment of tangata whenua
1: The Minister must pay to tangata whenua representatives on the Forum, from any appropriation by Parliament for this purpose,—
a: remuneration by way of allowances, travelling allowances, and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
b: after agreement between the Minister and tangata whenua representatives, made before any costs are incurred, actual and reasonable communication costs and consultation costs incurred in the course of their work as tangata whenua representatives on the Forum.
2: If there is no agreement between the Minister and tangata whenua representatives under subsection (1)(b), the Minister may make such payment to tangata whenua representatives as the Minister considers appropriate in the circumstances.
3: The provisions of the Fees and Travelling Allowances Act 1951
30: Liability of representatives
No representative on the Forum is personally liable for any liability of the Forum, or for any act done or omitted by the Forum, or by a representative in good faith in the exercise of the functions, duties, or powers of the Forum.
31: Annual report
1: The Forum must, on or before 31 August each year, report to the Minister on the exercise of its powers and the carrying out of its functions during the preceding year ending on 30 June.
2: The report must identify the progress made by the Forum towards achieving the purposes of the Forum set out in section 15
3: A copy of the annual report must be presented to the House of Representatives by the Minister.
3: Hauraki Gulf Marine Park
32: Purposes of Hauraki Gulf Marine Park
The purposes of the Hauraki Gulf Marine Park are—
a: to recognise and protect in perpetuity the international and national significance of the land and the natural and historic resources within the Park:
b: to protect in perpetuity and for the benefit, use, and enjoyment of the people and communities of the Gulf and New Zealand, the natural and historic resources of the Park including scenery, ecological systems, or natural features that are so beautiful, unique, or scientifically important to be of national significance, for their intrinsic worth:
c: to recognise and have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands and coastal areas, and the natural and historic resources of the Park:
d: to sustain the life-supporting capacity of the soil, air, water, and ecosystems of the Gulf in the Park.
33: Establishment of Hauraki Gulf Marine Park
1: The Hauraki Gulf Marine Park is established.
2: The Hauraki Gulf Marine Park consists of—
a: all conservation areas, wildlife refuges, wildlife sanctuaries, reserves, marine mammal sanctuaries, and marine reserves held, managed, or administered by the Crown from time to time in accordance with the Conservation Act 1987 Schedule 1
b: any reserve controlled and managed from time to time by an administering body (whether or not that administering body is a local authority) under an appointment to control and manage made in accordance with the Reserves Act 1977
c: all the common marine and coastal area
d: all seawater within the Hauraki Gulf:
e: all land of the Crown in the Hauraki Gulf, within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971:
f: all land included in the Park in accordance with section 34 section 35
g: all mataitai reserves and taiapure-local fisheries included in the Park in accordance with section 36
h: all land—
i: included in the Park to give effect to legislation settling historical claims of iwi and hapū under the Treaty of Waitangi
ii: described in Schedule 5
3: The inclusion of seawater in the Hauraki Gulf Marine Park is to give effect to the purposes of the Park and does not—
a: give the Crown or any other person ownership of seawater; or
b: affect the responsibilities of a regional council in the coastal marine area.
4: Land to which subsection (2)(a) applies and which is used for the purposes of education, defence, police, or prisons is not a part of the Park unless the Minister responsible for that use of the land requests the Minister to include the land in the Park; and the Minister may do so by notice in the Gazette
5: Despite subsection (4), the land described in Part 1
a: must be held, and treated as classified, as an historic reserve under section 18
b: must be treated as included in the Park under subsection (2)(a).
6: If the land or any part of the land described in Part 2
a: must be held, and treated as classified as a recreation reserve under section 17
b: must be treated as included in the Park under subsection (2)(a).
7: Despite any provision of the Defence Act 1990 Part 2 section 17
8: For the purposes of subsection (7), Commissioner section 2 Section 33(2)(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 33(2)(h) inserted 1 August 2014 section 164(2) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
34: Inclusion of other public land in Park
1: If the person specified in subsection (2) consents to the inclusion of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: with the consent of the owner (including the Crown) and the administering body, any reserve within the Hauraki Gulf, its islands, or coastal area, that is owned by or vested in an administering body (whether or not that administering body is a local authority):
b: with the consent of a local authority, any reserve within the Hauraki Gulf, its islands, or coastal area that is owned by that local authority:
c: with the consent of the local authority, any regional park or other open space or building owned by a local authority and managed to protect its natural or historic values, within the Hauraki Gulf, its islands, or coastal area.
35: Inclusion of land in private ownership in Park
1: If the owner of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) consents to the inclusion of that land in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: land subject to a conservation covenant entered into under section 77 section 27
b: land subject to a Nga Whenua Rahui kawenata entered into under section 77A section 27A
c: land subject to a heritage covenant entered into under section 39
d: land subject to an open space covenant entered into under section 22
e: land subject to a declaration under section 76
f: land controlled and managed by a Minister or an administering body for the purposes of the Reserves Act 1977 section 38
g: any land in the Hauraki Gulf, other than land owned by the Crown, whether or not it is subject to a covenant referred to in paragraphs (a) to (d), within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971. Section 35(2)(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
36: Inclusion of certain fisheries in Park
If, in the opinion of the Minister, the inclusion of a taiapure-local fishery or mataitai reserve in the Hauraki Gulf Marine Park is in accordance with the purpose of the Park, that taiapure-local fishery or mataitai reserve may, with the consent of the Minister of Fisheries and the committee of management or the tangata whenua, as the case may be, be included in the Park.
37: Effect of Park
1: Any person holding, controlling, or administering land, foreshore, seabed, marine reserve, a taiapure-local fishery, or a mataitai reserve in the Hauraki Gulf Marine Park must recognise and give effect to the purpose of the Park.
2: Nothing in this Part—
a: affects any land in the Hauraki Gulf, its islands, or coastal area, that is not expressly included in the Park in accordance with this Part:
b: limits the ability of the Minister or an administering body to acquire conservation areas, reserves, wildlife refuges, wildlife sanctuaries, or marine reserves within the Gulf or the Park:
c: changes the ownership or management of areas of land, foreshore, seabed, or the waters of the Gulf:
d: limits the powers and functions of a regional council in the coastal marine area.
3: Despite subsection (1), land included in the Park in accordance with section 33(2)(a), (b), (c), or (e) Conservation Act 1987 Schedule 1 Removal of land, foreshore, seabed, waters, or fisheries from Park
38: Removal of
1: The Governor-General may, by Order in Council, and acting on the recommendation of the Minister, remove any land in section 33(2)(a), (b), (c), and (e)
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must be satisfied that the land no longer serves the purpose of the Park and have regard to the following matters:
a: the existing use of the land:
b: the purposes of the Act under which the land is held:
c: the status or classification of the land.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 38 heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 38(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Removal of
land with protected status
1: Land, marine mammal sanctuaries, and marine reserves in section 33(2)(a), (b), and (c)
a: exchanging a conservation area under section 16A
b: disposing of a conservation area under section 26
c: exchanging a reserve under section 15
d: revoking a reserve under section 24
e: revoking or disposing of a wildlife refuge or a wildlife sanctuary:
f: varying, redefining, or abolishing a marine mammal sanctuary under section 22
g: revoking a marine reserve.
2: Before taking an action under subsection (1), the Minister must, in addition to any requirements of a relevant Act, consider the purpose of the Park and be satisfied that the land or marine reserve no longer serves the purpose of the Park.
3: A local authority or the administering body of a reserve must, before requesting the revocation of a reserve under section 24
4: The notice, Order in Council, or other instrument that carries out the action in subsection (1), must state that the land, marine mammal sanctuary, or marine reserve has been removed from the Park. Section 39 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
40: Removal of other areas from Park
The Minister may, by notice in the Gazette
a: remove any foreshore or seabed or reclamation from the Park; or
b: remove any land of the Crown within a wetland from the Park; or
c: with the consent of the local authority, remove any open space or building owned by a local authority and managed to protect its natural or historic values from the Park.
41: Removal of land in private ownership and certain fisheries from Park
1: The Minister may, by notice in the Gazette
a: any land in private ownership specified in section 35
b: any taiapure-local fishery or mataitai reserve.
2: The Minister may remove the land, taiapure-local fishery, or mataitai reserve from the Park if the Minister considers that the inclusion of that land, taiapure-local fishery, or mataitai reserve in the Park is no longer serving the purpose of the Park.
3: The Minister must remove the land, a taiapure-local fishery, or a mataitai reserve from the Park within 20 working days (as defined in the Conservation Act 1987
41A: Removal of land described in Schedule 5 from Park
1: The Governor-General may, by Order in Council, on the recommendation of the Minister of Conservation,—
a: remove from the Park any land included in the Park by Schedule 5
b: amend Schedule 5
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must—
a: be satisfied that the land no longer serves the purpose of the Park; and
b: have regard to—
i: the existing use of the land; and
ii: the status or classification (if any) of the land.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41A inserted 5 July 2018 section 71 Ngāi Tai ki Tāmaki Claims Settlement Act 2018 Section 41A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Entries in register
The Registrar-General of Land is authorised and directed to make such entry in the register and to do such other things as may be necessary to show the inclusion of land within the Park or the removal of land from the Park.
43: Notation on survey office plans
The Chief Surveyor is authorised and directed to do such things as may be necessary to show on the survey office plans the inclusion of land within the Park or the removal of land from the Park. Deed of Recognition
44: Recognition of tangata whenua statement of relationship
1: The Crown or a local authority may acknowledge any statement of particular historic, traditional, cultural, and spiritual relationship of tangata whenua of the Hauraki Gulf with any land, foreshore, or seabed in the Hauraki Gulf Marine Park by entering into a Deed of Recognition with tangata whenua in respect of that land, foreshore, or seabed.
2: A Deed of Recognition—
a: may not relate to any water:
b: may not relate to any land included in the Park in accordance with section 35
3: A Deed of Recognition—
a: may record the Crown's or local authority's acknowledgement referred to in subsection (1); and
b: must identify the area to which the Deed of Recognition relates; and
c: may acknowledge, where appropriate, any statement of relationship by any others who claim tangata whenua status with the area; and
d: without limiting section 46
4: A Deed of Recognition may be amended or revoked by agreement between the parties.
45: Purpose of Deed of Recognition
Without limiting section 46
46: Effect of Deed of Recognition
Except as provided in section 44(3)(d) section 45
a: does not affect the exercise of any power or the carrying out of any function or duty by any person under any Act, regulation, or bylaw; and
b: must not be taken into account by any person in the exercise of any power or the carrying out of any function or duty under any Act, regulation, or bylaw by that person; and
c: does not permit any person, when considering any matter or making any decision or recommendation under any Act, regulation, or bylaw, to give any greater or lesser weight to a statement of relationship of tangata whenua with any area, as recorded in a Deed of Recognition, than that person would give under that Act, regulation, or bylaw if no Deed of Recognition existed recording that statement; and
d: does not affect the lawful rights or interests of any person; and
e: does not have the effect of granting, creating, or providing evidence of any estate or interest in or any rights of any kind whatever relating to any area referred to in a Deed of Recognition.
47: Other Deeds of Recognition
Where the Crown or local authority has entered into a Deed of Recognition for an area with tangata whenua, that Deed of Recognition does not prevent the Crown or local authority from entering into further Deeds of Recognition for that area with other tangata whenua who may have an historic, traditional, cultural, and spiritual relationship with that area.
48: Notice of Deed of Recognition
When the Crown or local authority enters into a Deed of Recognition, or is a party to a Deed of Recognition that is amended or revoked, the Crown or local authority, as the case may be, must, by notice in the Gazette
4: Miscellaneous
49: Consequential amendments
The enactments specified in Schedule 2
49A: Transitional provisions
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; but
b: not finally determined before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
2: The continuation and completion of an application (including rights of appeal) must be in accordance with the Resource Management Act 1991
3: Subsection (4) applies to an application that, under section 119(4) sections 7 8
4: The Minister must consider the application as if the referral back had not been made.
5: For the purposes of subsection (4), the time period under section 119(1) Hauraki Gulf Marine Park Amendment Act 2001 Section 49A inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
49B: Applications finally determined
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; and
b: finally determined—
i: before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
ii: without complying with section 9(4)
2: A decision (including a decision on an appeal) relating to an application has effect, on and from the date it is made, as if this Act had not been enacted. Section 49B inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
50: Map to indicate boundaries
The catchment area and coastal marine area of the Hauraki Gulf are indicated in general terms only on the map in Schedule 3 section 4


Juries Amendment Act 2000

1: Title
1: This Act is the Juries Amendment Act 2000.
2: In this Act, the Juries Act 1981 the principal Act
2: Commencement
This Act comes into force on 30 July 2000.
3: Interpretation
1: Section 2 chief executive physical disability
2: Section 2
4: Disqualification
Section 7(b) borstal training corrective training
5: New
section 6 The principal Act is amended by repealing section 6
6: Qualification and liability
Every person who is currently registered as an elector in accordance with the Electoral Act 1993 sections 7 and 8
6: Certain persons not to serve
1: Section 8 paragraph (c) Judges and members of the Arbitration Court Masters of the High Court, Judges of the Employment Court
2: Section 8 paragraph (h)
h: an employee of the Public Service who is employed—
i: in the Ministry of Justice; or
ii: in the Department of Corrections; or
iii: in the head office of the Department for Courts; or
iv: as an officer of the High Court or of a District Court; or
ha: a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 section 36G of that Act
hb: a security officer within the meaning of section 2(1) of the Penal Institutions Act 1954
3: Section 8(j)
7: New
sections 9 to 12A The principal Act is amended by repealing sections 9 to 12
9: Preparation of jury lists
1: Whenever the chief executive considers it expedient he or she may ask the Chief Registrar of Electors to prepare a jury list for one or more jury districts.
2: In relation to each jury list requested under subclause (1)
a: the number of names to be included in the jury list; and
b: the date by which the list is required.
3: The Chief Registrar of Electors must, for each jury district, prepare a jury list containing a random selection of the names of people who, according to the electoral roll, reside in the jury district and are registered as electors.
4: A jury list must not contain the name of any person—
a: who, according to the electoral roll, holds any office, or is engaged in any occupation, referred to in section 8
b: in respect of whom a direction is in force under section 115 of the Electoral Act 1993
10: Jury lists sent to chief executive
The Chief Registrar of Electors must, within the time specified by the chief executive, forward a jury list for each jury district to the chief executive in accordance with the jury rules.
11: Currency of jury lists
A jury list remains current until it is replaced by a new list provided by the Chief Registrar of Electors under section 10
12: Access to, and confidentiality of, jury lists
1: The chief executive must give the Registrar of the Court to which a particular jury list relates a copy of, or access to, the jury list in a form that enables the Registrar to carry out his or her functions relating to the selection of juries.
2: The Registrar of a Court to which a particular jury list relates must ensure that the jury list is kept confidential to—
a: the Registrar; and
b: the Registrar's staff.
3: The chief executive must ensure that jury lists forwarded to him or her under section 10
a: the chief executive; and
b: staff of the Department for Courts who are authorised by the chief executive to have access to the lists.
4: A jury list may be disclosed by an order of the Court or a Judge for the purpose of any proceedings relating to the validity of the jury list or a jury panel or to the eligibility of any juror.
12A: Registrar may amend jury list
1: The Registrar may at any time amend a jury list relating to his or her Court by deleting from it the name of any person who is—
a: not qualified according to section 6; or
b: disqualified according to section 7; or
c: not to serve on any jury according to section 8; or
d: otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or
e: dead.
2: In exercising the power to amend the jury list, the Registrar may act on his or her own knowledge, or on such evidence as he or she considers satisfactory.
8: Summoning of jurors
Section 13 subsection (1)
1: Where jury trials are to be held in any Court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the Court for the purposes of the trials.
9: Registrar may excuse from jury service
1:
2: Section 15(2) paragraph (a)
aa: is of or over the age of 65; or. Section 9(1) repealed 4 October 2010 section 12(2) Juries Amendment Act 2008
10: New
section 16AA The principal Act is amended by inserting, after section 16
16AA: Judge may discharge summons of person with physical disability
1: On application in accordance with subsection (3)
2: A discharge may apply to the whole period for which the person is summoned, or to a particular proceeding.
3: An application under this section must be made—
a: before the jury is constituted; and
b: by the Registrar, or by a member of the Registrar's staff who is involved in, or responsible for, the administration of juries.
4: An application under this section must be heard in private, and the Judge may conduct the hearing and consider such evidence as he or she thinks fit.
11: New
section 18 The principal Act is amended by repealing section 18
18: Selection of jurors
Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the Court using the method determined in accordance with the jury rules.
12: Judge may discharge juror
Section 22 subsection (1)
1: The Judge may discharge a juror if, at any time after the jury is constituted but before the case is opened or the accused is given in charge, it is brought to the attention of the Judge that—
a: the juror is personally concerned with the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses; or
b: the juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
1A: When considering whether to discharge a juror, the Judge may conduct the hearing, and may consider such evidence, as he or she thinks fit.
1B: If a juror is discharged under this section, the Judge may require a further juror to be selected from the panel and be sworn in accordance with sections 18 and 20
13: Challenges for cause
Section 25 subsection (1)
1: In addition to the right to challenge under sections 23 and 24
a: a juror is not indifferent between the parties; or
b: a juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
14: Failure to attend
Section 32(1) paragraph (a)
a: fails without reasonable excuse to attend for service as required by the summons; or.
15: Jury rules
1: Section 35(1) paragraphs (a) to (f)
a: in relation to jury lists, prescribing—
i: what information about each person named on a list must be included on the list:
ii: the form or forms in which lists must be provided:
iii: the powers and duties of the Chief Registrar of Electors, the chief executive, Registrars, and other persons:
iv: that, where more than one form is prescribed under subparagraph (ii)
b: in relation to jury panels, prescribing—
i: the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
ii: the powers and duties of Registrars and other persons:
c: in relation to the summoning of jurors, prescribing—
i: the form or forms to be used to summons jurors:
ii: the method or methods of service of summonses:
iii: the minimum period of notice that must be given in a summons:
d: prescribing the method or methods by which a person who has been summoned can apply to be excused from attendance:
e: requiring a record to be kept of all jurors who are summoned to attend the Court; and prescribing the form and manner in which that record is to be compiled:
f: prescribing the method, methods, or the specifications of the method, for selecting a jury:
fa: prescribing the manner in which challenges are to be made and dealt with:.
2: Section 35 subsection (1)
1A: Where rules made under paragraphs (b), (c), or (f) of subsection (1)
1B: For the purposes of subsection (1A)
3: Section 35(2) subsection (1)
16: Consequential repeals
The following provisions are consequentially repealed:
a: subsections (1) and (2) of section 23 of the Penal Institutions Amendment Act 1985
b: section 4 of the Juries Amendment Act 1994
17: Transitional provisions
1: Nothing in this Act affects the validity of any jury list or jury panel that was prepared and in use immediately before the commencement of this Act.
2: Nothing in this Act affects the validity of the composition of any jury that was constituted before the commencement of this Act and continued to serve after that date.
3: The validity of a summons that is issued under the principal Act before the commencement of this Act, and is intended to continue to have effect after that date, is not affected by anything in this Act.


Broadcasting Amendment Act 2000

1: Title
1: This Act is the Broadcasting Amendment Act 2000.
2: In this Act, the Broadcasting Act 1989 the principal Act
2: Commencement
This Act comes into force on 1 July 2000.
3: Interpretation
1: Section 2(1) individual section 2(1) of the Privacy Act 1993
2: Section 2(1) Minister Minister
4: Functions of Authority
1: Section 21(1)(e)
vii: the privacy of the individual:.
2: Section 21
4: When performing its functions under subsection (1)(e), (f), or (g) subsection (1)(e)(vii) Privacy Act 1993
5: Rules in relation to retention of recordings of programmes
1: Section 30 subsection (1)
1: The Authority may from time to time make and promulgate rules in relation to broadcasters to ensure that recordings of programmes broadcast by them are retained by the broadcaster or some other person, and are able to be obtained by the broadcaster when required to do so by the Authority.
2: Section 30 subsection (3)
3: Any rules made under this section may require a broadcaster, when requested to do so by the Authority, to obtain recordings of programmes broadcast by that broadcaster and to make suitable arrangements to enable the Authority to view or hear any recordings held or obtained by the broadcaster.
6: Functions of Commission
1: Section 36 paragraph (c)
c: to ensure that a range of broadcasts is available to provide for the interests of—
i: women; and
ii: youth; and
iii: children; and
iv: persons with disabilities; and
v: minorities in the community including ethnic minorities; and.
2: Section 36 paragraph (c)
ca: to encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and
7: Crown entity
Section 53Q(2) of Communications
8: New
section 53S The principal Act is amended by inserting, after section 53R
53S: Te Reo Whakapuaki Irirangi to have regard to Government policy
1: When carrying out its function, duties, powers, rights, and authorities under this Act, Te Reo Whakapuaki Irirangi must comply with any direction given to it jointly by the Minister and the Minister of Maori Affairs in accordance with this section in relation to the general policy of the Government on the promotion, by means of broadcasting, of Maori language and Maori culture or the function, duties, powers, rights, and authorities of Te Reo Whakapuaki Irirangi.
2: The Minister and the Minister of Maori Affairs may not give a direction in respect of—
a: a specific programme; or
b: the gathering or presentation of news or the preparation or presentation of current affairs programmes.
3: The Minister and the Minister of Maori Affairs, acting jointly, must—
a: give the direction to Te Reo Whakapuaki Irirangi by notice in writing; and
b: as soon as practicable after giving the written notice,—
i: publish a copy of it in the Gazette
ii: present a copy of it to the House of Representatives.


Protected Disclosures Act 2000

1: Title
This Act is the Protected Disclosures Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
3: Interpretation
1: In this Act, unless the context otherwise requires,— appropriate authority
a: includes—
i: the Commissioner of Police:
ii: the Controller and Auditor-General:
iii: the Director of the Serious Fraud Office:
iv: the Inspector-General of Intelligence and Security:
v: an Ombudsman:
vi: the Parliamentary Commissioner for the Environment:
vii: the Independent Police Conduct
viii: the Solicitor-General:
ix: the Public Service Commissioner
x: the Health and Disability Commissioner; and
b: includes the head of every public sector organisation, whether or not mentioned in paragraph (a); and
c: includes a private sector body which comprises members of a particular profession or calling and which has power to discipline its members; but
d: does not include—
i: a Minister of the Crown; or
ii: a member of Parliament classified information section 78AA employee
a: a former employee:
b: a homeworker within the meaning of section 5
c: a person seconded to the organisation:
d: an individual who is engaged or contracted under a contract for services to do work for the organisation:
e: a person concerned in the management of the organisation (including a person who is a member of the board or governing body of the organisation)
f: in relation to the New Zealand Defence Force, a member of the Armed Forces:
g: a person who works for the organisation as a volunteer without reward or expectation of reward for that work environment section 2 intelligence and security agency section 4 Ombudsman Ombudsmen Act 1975 section 13
a: any person holding office under an Ombudsman to whom any of the powers of an Ombudsman have been delegated under section 28
b: any person whom the Chief Ombudsman organisation protected disclosure of information section 6(2) public official public sector organisation
a: an organisation named or specified in Schedule 1
b: an organisation named in Schedule 1
c: a local authority or public body named or specified in Schedule 1
d: the Office of the Clerk of the House of Representatives:
e: the Parliamentary Service:
f: an intelligence and security agency:
g: a council-controlled organisation within the meaning of section 6 serious wrongdoing
a: an unlawful, corrupt, or irregular use of funds or resources of a public sector organisation
b: an act, omission, or course of conduct that constitutes a serious risk to public health or public safety or the environment; or
c: an act, omission, or course of conduct that constitutes a serious risk to the maintenance of law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: an act, omission, or course of conduct that constitutes an offence; or
e: an act, omission, or course of conduct by a public official that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement,— whether the wrongdoing occurs before or after the commencement of this Act working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period beginning on 25 December in any year and ending on 15 January (both dates inclusive) in the following year.
2: An example used in this Act has the following status:
a: the example is only illustrative of the provision to which it relates and does not limit the provision; and
b: if the example and the provision to which it relates are inconsistent, the provision prevails. Section 3(1) appropriate authority amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 3(1) appropriate authority amended 7 August 2020 section 135 Public Service Act 2020 Section 3(1) classified information inserted 28 September 2017 section 319 Intelligence and Security Act 2017 Section 3(1) employee substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 3(1) employee amended 6 May 2009 section 4(1) Protected Disclosures Amendment Act 2009 Section 3(1) employee added 6 May 2009 section 4(2) Protected Disclosures Amendment Act 2009 Section 3(1) intelligence and security agency replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) Ombudsman amended 6 May 2009 section 4(3) Protected Disclosures Amendment Act 2009 Section 3(1) public funds or public resources repealed 1 July 2001 section 53 Public Audit Act 2001 Section 3(1) public official substituted 6 May 2009 section 4(4) Protected Disclosures Amendment Act 2009 Section 3(1) public sector organisation substituted 1 July 2003 section 262 Local Government Act 2002 Section 3(1) serious wrongdoing amended 1 July 2001 section 53 Public Audit Act 2001 Section 3(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 3(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 3(2) added 6 May 2009 section 4(5) Protected Disclosures Amendment Act 2009
4: Act binds the Crown
This Act binds the Crown
5: Purpose of Act
The purpose of this Act is to promote the public interest—
a: by facilitating the disclosure and investigation of matters of serious wrongdoing in or by an organisation; and
b: by protecting employees who, in accordance with this Act, make disclosures of information about serious wrongdoing in or by an organisation. Protected disclosures
6: Disclosures to which Act applies
1: An employee of an organisation may disclose information in accordance with
a: the information is about serious wrongdoing in or by that organisation; and
b: the employee believes on reasonable grounds that the information is true or likely to be true; and
c: the employee wishes to disclose the information so that the serious wrongdoing can be investigated; and
d: the employee wishes the disclosure to be protected.
2: Any disclosure made in accordance with subsection (1)
3: If an employee of an organisation believes on reasonable grounds that the information he or she discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a)
4: This section is subject to section 6A Section 6(1) amended 6 May 2009 section 5(1) Protected Disclosures Amendment Act 2009 Section 6(3) added 6 May 2009 section 5(2) Protected Disclosures Amendment Act 2009 Section 6(4) added 6 May 2009 section 5(2) Protected Disclosures Amendment Act 2009
6A: Technical failure to comply with or refer to Act
1: A disclosure of information is not prevented from being a protected disclosure of information for the purposes of this Act merely because—
a: of a technical failure to comply with sections 7 to 10 section 6
b: the employee does not expressly refer to the name of this Act when the disclosure is made. Example
Person A is an employee of Organisation B. B’s internal procedures for receiving and dealing with information about serious wrongdoing require the information to be provided to B’s Human Resources Manager using a particular form. Person A provides the information using the form to B’s chief executive rather than the Human Resources Manager. Person A otherwise substantially complies with the Act. The failure to comply is merely technical. Under this section, the disclosure is still a protected disclosure for the purposes of this Act.
2: This section applies despite anything to the contrary expressed or implied in the relevant internal procedures. Section 6A inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
6B: Role of Ombudsmen in providing information and guidance
1: An Ombudsman may provide information and guidance to an employee on any matter concerning this Act (either on a request made at any time or at the Ombudsman’s discretion).
2: If an employee notifies the Office of the Ombudsmen, orally or in writing, that he or she has disclosed, or is considering the disclosure of, information under this Act, an Ombudsman must provide information and guidance to that employee on the following matters:
a: the kinds of disclosures that are protected under this Act:
b: the manner in which, and the persons to whom, information may be disclosed under this Act:
c: the broad role of each authority referred to in paragraph (a)(i) to (x) of the definition of appropriate authority in section 3(1)
d: the protections and remedies available under this Act and the Human Rights Act 1993
e: how particular information disclosed to an appropriate authority may be referred to another appropriate authority under this Act. Section 6B inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
6C: Information about internal procedures
(1): For the purpose of this Act, an Ombudsman may request 1 or more of the following from an organisation:
a: information concerning whether the organisation has established and published internal procedures for receiving and dealing with information about serious wrongdoing; and
b: a copy of those procedures; and
c: information about how those procedures operate.
2: An organisation is not required to comply with a request made under subsection (1) if it is not a public sector organisation. Section 6C inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
7: Disclosure must be made in accordance with internal procedures
1: An employee must disclose information in the manner provided by internal procedures established by and published in the organisation, or the relevant part of the organisation, for receiving and dealing with information about serious wrongdoing.
2: This section is subject to sections 12 to 14
8: Disclosure may be made to head of organisation in certain circumstances
1: A disclosure of information may be made to the head or a deputy head of the organisation if—
a: the organisation has no internal procedures established and published for receiving and dealing with information about serious wrongdoing; or
b: the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is or may be involved in the serious wrongdoing alleged in the disclosure; or
c: the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is, by reason of any relationship or association with a person who is or may be involved in the serious wrongdoing alleged in the disclosure, not a person to whom it is appropriate to make the disclosure.
2: This section is subject to sections 12 to 14
9: Disclosure may be made to appropriate authority in certain circumstances
1: A disclosure of information may be made to an appropriate authority if the employee making the disclosure believes on reasonable grounds—
a: that the head of the organisation is or may be involved in the serious wrongdoing alleged in the disclosure; or
b: that immediate reference to an appropriate authority is justified by reason of the urgency of the matter to which the disclosure relates, or some other exceptional circumstances; or
c: that there has been no action or recommended action on the matter to which the disclosure relates within 20 working days after the date on which the disclosure was made.
2: This section is subject to sections 12 to 14
10: Disclosure may be made to Minister of the Crown or Ombudsman in certain circumstances
1: A disclosure of information may be made to a Minister of the Crown or an Ombudsman if the employee making the disclosure—
a: has already made substantially the same disclosure in accordance with section 7 section 8 section 9
b: believes on reasonable grounds that the person or appropriate authority to whom the disclosure was made—
i: has decided not to investigate the matter; or
ii: has decided to investigate the matter but has not made progress with the investigation within a reasonable time after the date on which the disclosure was made to the person or appropriate authority; or
iii: has investigated the matter but has not taken any action in respect of the matter nor recommended the taking of action in respect of the matter, as the case may require; and
c: continues to believe on reasonable grounds that the information disclosed is true or likely to be true.
2: A disclosure under this section may be made to an Ombudsman only if—
a: it is in respect of a public sector organisation and it has not already been made to an Ombudsman under section 9
b: it is in respect of an organisation other than a public sector organisation and the disclosure is made for the purpose of allowing the Ombudsman to act under section 15 16
3: This section is subject to sections 12 to 14 Section 10(2) substituted 6 May 2009 section 7 Protected Disclosures Amendment Act 2009
11: Public sector organisations to establish internal procedures
1: Every public sector organisation must have in operation appropriate internal procedures for receiving and dealing with information about serious wrongdoing in or by that organisation.
2: The internal procedures must—
a: comply with the principles of natural justice; and
b: identify the persons in the organisation to whom a disclosure may be made; and
c: include reference to the effect of sections 8 to 10
3: Information about the existence of the internal procedures, and adequate information on how to use the procedures, must be published widely in the organisation and must be republished at regular intervals. Intelligence and security and international relations
12: Special rules on procedures of organisations relating to intelligence and security matters
1: This section applies to—
a: an intelligence and security agency; and
b: any other organisation in the public sector that holds or has access to—
i: classified information; or
ii: information relating to the activities of an intelligence and security agency.
2: An organisation to which this section applies must have internal procedures that—
a: provide that the persons to whom a disclosure of information described in subsection (1)(b) may be made must be persons holding an appropriate security clearance and be authorised to have access to the information; and
b: state that the only appropriate authority to whom information described in subsection (1)(b) may be disclosed is the Inspector-General of Intelligence and Security; and
c: invite any employee who has disclosed, or is considering the disclosure of, information described in subsection (1)(b) under this Act to seek information and guidance from the Inspector-General of Intelligence and Security, and not from an Ombudsman; and
d: state that no disclosure of information described in subsection (1)(b) may be made to an Ombudsman or to a Minister of the Crown other than—
i: the Minister responsible for an intelligence and security agency; or
ii: the Prime Minister. Section 12 replaced 28 September 2017 section 320 Intelligence and Security Act 2017
13: Special rules on procedures of certain organisations relating to international relations
1: This section applies to the internal procedures of the following agencies to the extent that those procedures relate to the disclosure of information (other than classified information) concerning the international relations of the Government of New Zealand:
a: the Department of the Prime Minister and Cabinet; and
b: the Ministry of Foreign Affairs and Trade; and
c: the Ministry of Defence; and
d: the New Zealand Defence Force.
2: The internal procedures must—
a: state that the only appropriate authority to whom information may be disclosed is an Ombudsman; and
b: invite any employee who has disclosed, or is considering the disclosure of, information under this Act to seek information and guidance from an Ombudsman; and
c: state that no disclosure may be made to a Minister of the Crown other than—
i: the Prime Minister; or
ii: the Minister responsible for foreign affairs and trade. Section 13 replaced 28 September 2017 section 320 Intelligence and Security Act 2017
14: Further protection of information relating to intelligence and security and international relations
Neither the Inspector-General of Intelligence and Security nor an Ombudsman may disclose information referred to in section 12 section 13 subpart 1 Ombudsmen Act 1975 Section 14 amended 28 September 2017 section 335 Intelligence and Security Act 2017 Further provisions concerning Ombudsmen Heading substituted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15: Ombudsmen may escalate disclosure to appropriate authority or Minister or investigate disclosure
1: An Ombudsman may, with the consent of an employee who has made a protected disclosure of information to any organisation, appropriate authority, or other person in accordance with this Act,—
a: refer the disclosure to an appropriate authority or to another appropriate authority if the Ombudsman considers, after consultation with that appropriate authority, that any of the circumstances in section 9(1)(a) to (c)
b: refer the disclosure to a Minister of the Crown if the Ombudsman considers, after consultation with that Minister, that any of the circumstances in section 10(1)(b)(i) to (iii)
c: investigate the disclosure if the Ombudsman considers that—
i: the disclosure relates to a public sector organisation; and
ii: any of the circumstances in section 9(1)(a) to (c) section 10(1)(b)(i) to (iii)
2: Subsection (1)—
a: applies despite sections 7 to 10
b: does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: If an Ombudsman makes a referral under this section, he or she must promptly notify any organisation or other person that he or she is aware may be investigating the disclosure that the information disclosed has been referred under this section to an appropriate authority or Minister of the Crown for investigation.
4: A protected disclosure of information does not, by reason of an Ombudsman acting under subsection (1), cease to be a protected disclosure of information.
5: Nothing in this section prevents a protected disclosure of information being referred under—
a: this section on more than 1 occasion; or
b: section 16
6: This section is subject to sections 12 to 14 Section 15 substituted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15A: Ombudsmen may take over some investigations or investigate in conjunction with public sector organisation
1: An Ombudsman may take over an investigation of a disclosure of information by a public sector organisation, or investigate a disclosure of information in conjunction with a public sector organisation, if—
a: the disclosure is in respect of the public sector organisation; and
b: the Ombudsman considers that any of the circumstances in section 10(1)(b)(i) to (iii)
c: the employee who made the disclosure consents to the Ombudsman acting under this section; and
d: in the case of an investigation in conjunction with a public sector organisation, the public sector organisation consents to the Ombudsman acting under this section.
2: However, subsection (1) does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: This section is subject to sections 12 to 14 Section 15A inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15B: Ombudsmen may review and guide investigations by public sector organisations
1: An Ombudsman may review and guide any investigation of a protected disclosure of information by a public sector organisation (either on the organisation’s request or at the Ombudsman’s discretion).
2: Subsection (1) does not authorise an Ombudsman to issue a direction to a public sector organisation requiring it to act in a particular manner in relation to an investigation.
3: Subsection (1) does not apply if the public sector organisation is the Office of the Parliamentary Commissioner for the Environment.
4: This section is subject to sections 12 to 14 Section 15B inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15C: Ombudsmen may receive reports on investigations and include information in annual report
1: The Ombudsmen may receive reports on the following investigations:
a: investigations referred under section 15
b: investigations in relation to which an Ombudsman has acted under section 15B
c: investigations in relation to which an Ombudsman has otherwise provided information or guidance under this Act.
2: The Ombudsmen may include (among other matters) in their annual report under section 29
a: current guidance issued by the Ombudsmen in respect of this Act:
b: the number and types of information and guidance inquiries made to the Ombudsmen in respect of this Act:
c: the number of protected disclosures of information made to the Ombudsmen:
d: the number of investigations of disclosures of information undertaken or taken over by the Ombudsmen:
e: the number of investigations referred under section 15
f: the outcome of the matters referred to in paragraphs (b) to (e) (if known by the Ombudsmen). Section 15C inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15D: Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act
The Chief Ombudsman may, by written notice, appoint a person to perform an Ombudsman’s functions under this Act. Section 15D inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15E: Miscellaneous provisions relating to Ombudsmen
1: The functions and powers of Ombudsmen under the Ombudsmen Act 1975 section 13(3)
2: The Ombudsmen have the same powers in relation to investigating a disclosure of information made under this Act as Ombudsmen have in relation to a complaint under the Ombudsmen Act 1975
3: Sections 19 20 30 section 6C 15B 15C Section 15E inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009 Reference from one appropriate authority to another of information disclosed Heading inserted 6 May 2009 section 9 Protected Disclosures Amendment Act 2009
16: Reference from one appropriate authority to another of information disclosed
1: Where an appropriate authority to whom a protected disclosure of information is made considers, after consultation with another appropriate authority, that the information disclosed can be more suitably and conveniently investigated by that other appropriate authority, the appropriate authority to whom the information is disclosed may refer that information to that other appropriate authority.
2: Where, under subsection (1), information is referred from one appropriate authority to another, the appropriate authority to whom the information has been referred must promptly notify the person by whom the protected disclosure of information was made that the information disclosed has been so referred.
3: A protected disclosure of information does not, by reason of the information being referred under subsection (1), cease to be a protected disclosure of information.
4: Nothing in this section prevents a protected disclosure of information being transferred from one appropriate authority to another on more than 1 occasion. Protections
17: Personal grievance
1: Where an employee who makes a protected disclosure of information under this Act claims to have suffered retaliatory action from his or her employer or former employer, that employee,—
a: if that retaliatory action consists of or includes dismissal, may have a personal grievance, for the purposes of paragraph (a) of section 103(1) Part 9
b: if that retaliatory action consists of action other than dismissal or includes an action in addition to dismissal, may have a personal grievance, for the purposes of paragraph (b) of section 103(1) Part 9
2: This section applies only to employees within the meaning of the Employment Relations Act 2000 Section 17 substituted 2 October 2000 section 240 Employment Relations Act 2000
18: Immunity from civil and criminal proceedings
1: No person who—
a: makes a protected disclosure of information; or
b: refers a protected disclosure of information to an appropriate authority for investigation— is liable to any civil or criminal proceeding or to a disciplinary proceeding by reason of having made or referred that disclosure of information.
2: Subsection (1) applies despite any prohibition of or restriction on the disclosure of information under any enactment, rule of law, contract, oath, or practice.
19: Confidentiality
1: Every person to whom a protected disclosure is made or referred must use his or her best endeavours not to disclose information that might identify the person who made the protected disclosure unless—
a: that person consents in writing to the disclosure of that information; or
b: the person who has acquired knowledge of the protected disclosure reasonably believes that disclosure of identifying information—
i: is essential to the effective investigation of the allegations in the protected disclosure; or
ii: is essential to prevent serious risk to public health or public safety or the environment; or
iii: is essential having regard to the principles of natural justice.
2: A request for information under the Official Information Act 1982 or under the Local Government Official Information and Meetings Act 1987 constable
3: An Ombudsman may—
a: provide information and guidance to organisations and employees concerning the circumstances in which anonymous disclosures of information may be made under this Act; and
b: otherwise provide advice and assistance to organisations and other persons in relation to the duty specified in subsection (1). Section 19(2) amended 6 May 2009 section 10(1) Protected Disclosures Amendment Act 2009 Section 19(2) amended 1 October 2008 section 116(a)(ii) Protected Disclosures Amendment Act 2009 Section 19(3) added 6 May 2009 section 10(2) Protected Disclosures Amendment Act 2009
19A: Protections extend to volunteers of supporting information
1: The protections conferred by sections 17 to 19
2: In this section, a person volunteers supporting information if the person—
a: provides information, in support of a protected disclosure of information made by another person, to—
i: a person investigating the disclosure; or
ii: the person who made the disclosure; and
b: is an employee of the organisation in respect of which the disclosure was made; and
c: wishes to provide the supporting information so that the serious wrongdoing can be investigated.
3: However, a person does not volunteer supporting information if the person provides the supporting information only after being—
a: required to do so under any enactment, rule of law, or contract for the purposes of the investigation; or
b: approached during the course of the investigation by, or on behalf of, the person investigating the matter. Section 19A inserted 6 May 2009 section 11 Protected Disclosures Amendment Act 2009 Miscellaneous provisions
20: False allegations
The protections conferred by this Act and by section 66(1)(a)
21: Other protections preserved
This Act does not limit any protection, privilege, immunity, or defence, whether statutory or otherwise, relating to the disclosure of information.
22: Legal professional privilege
1: Nothing in this Act authorises a person to disclose information protected by legal professional privilege.
2: A disclosure of such information is not a protected disclosure for the purposes of this Act.
23: No contracting out of Act
1: This Act has effect despite any provision to the contrary in any agreement or contract.
2: Any provision in any agreement or contract that purports to require an employee to withdraw or abandon a disclosure of information made under this Act is of no effect. Section 23 substituted 6 May 2009 section 12 Protected Disclosures Amendment Act 2009
24: Review of operation of Act
Section 24 repealed 6 May 2009 section 12 Protected Disclosures Amendment Act 2009 Amendment to Human Rights Act 1993
25: Victimisation
Amendment(s) incorporated in the Act(s)