1: Title
1: This Act is the Social Security (Social Assistance) Amendment Act 2005.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
1: Sections 4(3) 7(3)
2: Sections 9(1) (3) 10(1)
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Social Security Act 1964
3: Interpretation
1: The definition of benefit section 3(1) subparagraph (ia)
2: The definition of income-tested benefit section 3(1) paragraph (h)
3: The definition of transitional retirement benefit section 3(1)
4: Interpretation
1: The definition of beneficiary section 61E(1) paragraph (b) , a transitional retirement benefit,
2: The definition of cash assets section 61E(1) paragraph (a)(i)
i: money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution:
3: The definition of owner section 61E(1) paragraph (b)
ba: a licence to occupy, where the premises are a residential unit in a retirement village (as those terms are defined in the Retirement Villages Act 2003
5: Accommodation supplement
Section 61EA(3) superannuation or a veteran's pension
6: Disability allowance
1: Section 69C(1)(a) on the ground specified in section 60F(6)
2: Section 69C(5)(a) or a transitional retirement benefit
7: Rates of benefits for sole parents may be reduced
1: Section 70A(1)(b) subparagraph (iiia)
2: Section 70A(1) paragraph (c)
c: who, in respect of any dependent child in the care of the beneficiary, fails or refuses—
i: to identify who is in law the other parent of that child; or
ii: to make an application for formula assessment of child support, when required to do so by section 9 of the Child Support Act 1991
iii: to attend and give in evidence all information that is required of the beneficiary during a hearing of a proceeding under the Child Support Act 1991 section 122 of that Act
3: Section 70A(3) paragraph (b)
ba: the beneficiary or any of the beneficiary's children would be at risk of violence if the beneficiary carried out or took steps to carry out any of the actions referred to in subparagraphs (i) to (iii) of subsection (1)(c)
bb: there is a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection, for the beneficiary's failure or refusal to carry out any of the actions set out in subparagraphs (i) to (iii) of subsection (1)(c)
4: Section 70A subsection (4)
4: A reduction of the rate of benefit under subsection (2) subparagraph (i), (ii), or (iii) of subsection (1)(c)
5: If a beneficiary's rate of benefit has been reduced under subsection (2) subsection (6)
6: The circumstances are that—
a: a period of not less than 13 weeks has elapsed after the date on which the beneficiary's rate of benefit was reduced under subsection (2)
b: during the period referred to in paragraph (a) subparagraphs (i) to (iii) of subsection (1)(c)
7: A further reduction made under subsection (5) subsection (1)(c)
8: A reduction of the rate of benefit under subsection (5) subsection (2)
9: For the purposes of this section— violence section 3 of the Domestic Violence Act 1995
5: Despite anything in section 70A(5) subsection (4) section 70A(5)
8: Commencement of benefits
1: Section 80(2)(b) a transitional retirement benefit,
2: Section 80(14)(b) A transitional retirement benefit or
9: Interpretation
1: Section 80B average income average income calculation period average income average income calculation period
a: if the person has made an election under section 80BA(1A)
i: the date the person became entitled to receive the benefit; or
ii: if the person's employment terminated or the person is given notice of termination of employment before he or she applied for the benefit, the date the person's employment ceased; or
b: in any other case, the period of 26 weeks immediately before the later of the dates referred to in subparagraphs (i) and (ii) of paragraph (a)
2: The definition of income section 80B subparagraph (x)
3: Section 80B specified income
a: the person's income in the average income calculation period; and
b: the amount of any redundancy payment or retirement payment, before the deduction of income tax, not included in the person's income under paragraph (a)
i: before the person's employment ceased; or
ii: in the 52 weeks after the date on which the employment ceased.
10: Calculation of stand down
1: Section 80BA subsection (1)
1A: A person who is entitled to a benefit to which this section applies may elect to have his or her average income calculated by reference to a period of 52 weeks instead of 26 weeks.
2: Section 80BA(4)(b)(i) a sickness benefit, or a transitional retirement benefit or a sickness benefit
11: Ending of benefits
Section 80BD(3) a transitional retirement benefit,
12: New section 83A inserted
The principal Act is amended by inserting, after section 83
83A: Tax on benefits
1: This section applies where any instalment or a payment of an income-tested benefit is a source deduction payment.
2: Where this section applies, the chief executive may, instead of making a tax deduction from the source deduction payment, pay to the Commissioner of Inland Revenue, at such time as the Commissioner determines in consultation with the chief executive, an amount for income tax payable on that payment, calculated in accordance with subsection (3)
3: The amount for income tax payable on a source deduction payment is the amount of the tax deduction that would be made, at the rate determined under the appropriate specified provision, if the payment were increased by an amount that, after the tax deduction were made, would result in an amount equal to the source deduction payment.
4: An amount for income tax paid to the Commissioner under subsection (2)
a: for the purposes of this Act, be considered to be a payment of a benefit, within the meaning of that term in section 3(1)
b: for the purposes of—
i: the Income Tax Act 1976
ii: the Income Tax Act 1994
iii: the Income Tax Act 2004
5: If, as a result of the review, suspension, cancellation, or termination of an income-tested benefit, the chief executive determines that an amount for tax on the benefit has been paid in accordance with this section to the Commissioner in excess of the amount that is properly payable under this section, the chief executive may not recover the excess amount as a debt due to the Crown within the meaning of section 85A
a: making an adjustment to any amount subsequently payable to the Commissioner under subsection (2)
b: making such other arrangements for its refund as are agreed with the Commissioner.
6: In this section,— income-tested benefit section 2 of the Income Tax Act 1976 section OB 1 of the Income Tax Act 1994 section OB 1 of the Income Tax Act 2004 section 3(1) of this Act source deduction payment section 2 of the Income Tax Act 1976 section OB 1 of the Income Tax Act 1994 section OB 1 of the Income Tax Act 2004 specified provision
a: the fourth proviso to section 343(1) of the Income Tax Act 1976
b: the fourth proviso to section NC 6(1) of the Income Tax Act 1994
c: section NC 6(1D) of the Income Tax Act 1994
d: section NC 6(1D) of the Income Tax Act 2004
13: Unemployment benefit rates
Section 99(4) paragraph (a)
ab: the application of section 117
14: Money payable out of Crown Bank Account
Section 124(1) paragraph (da)
15: Cost of repair and replacement of artificial limbs
Section 126 Rehabilitation League N.Z. (Incorporated) New Zealand Artificial Limb Board
2: Consequential amendments and savings provision
16: Consequential amendments to Income Tax Acts
1: The definition of income-tested benefit section OB 1 of the Income Tax Act 1994 and includes a transitional retirement benefit payable under Part 1 of the Social Welfare (Transitional Provisions) Act 1990
2: The definition of New Zealand superannuation section OB 1 of the Income Tax Act 1994 paragraph (c)(ii)
3: The definition of New Zealand superannuation section OB 1 Income Tax Act 2004 paragraph (c)(ii)
17: Consequential amendments to regulations
1: The Health Entitlement Cards Regulations 1993 regulation 8(1)(a) a transitional retirement benefit granted under section 7A of the Social Welfare (Transitional Provisions) Act 1990
2: The Social Security (Period of Income Assessment) Regulations 1996 Transitional retirement benefit
3: The Taxation (Abated Interim Payments of Part KD Credit) Regulations 2002 regulation 3(1)(b) (c)
b: an emergency benefit payable under the Social Security Act 1964
18: Savings in respect of tax on benefits
1: For the purpose of determining the validity of any payment for tax on an income-tested benefit, the principal Act must be read as if at all material times it contained section 83A section 12
2: In this section, income-tested benefit section 83A(6) section 12


Building Amendment Act 2005

1: Title
1: This Act is the Building Amendment Act 2005.
2: In this Act, the Building Act 2004 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Interpretation
1: Section 7 paragraph (b) building work
b: includes sitework; and
c: includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and
d: in Part 4 supervise Part 4 .
2: Section 7 restricted building work restricted building work
a: means building work that—
i: requires a building consent; and
ii: relates to an element of a building that is critical to the integrity of the building and the health and safety of its occupants; and
iii: is building work of a kind declared by the Governor-General by Order in Council to be a restricted building work for the purposes of this Act; and
b: includes building work on—
i: the building envelope of a building; or
ii: the structural support of a building; and
c: includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act .
3: Section 7 territorial authority territorial authority Part 2 of Schedule 2 of the Local Government Act 2002
a: in relation to land within the district of a territorial authority, or a building on or proposed to be built on any such land, means that territorial authority; and
b: in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991 .
4: Section 11(h) territorial authorities , regional authorities,
5: Sections 91(3)(a) 192(1)(c) 193(2) 197(2) 199(2)(a) 203(2)(d) 252(1) territorial authority or a regional authority
6: Section 166
a: by inserting in subsection (1) authority that is not a territorial authority or a regional authority
b: by inserting in subsection (2) authority that is not a territorial authority
c: by omitting from subsection (2) for the district in which the building work is situated
7: Section 237
c: is not—
i: the territorial authority for the district, or another territorial authority to which a function, duty, or power is transferred under section 233
ii: the regional authority for the region, or another regional authority to which a function, duty, or power is transferred under section 244 .
8: Section 416(1)(f) or territorial authorities
9: Schedule 1 paragraph (k) authority (or, as the case requires, the regional authority)
4: Building: what it means and includes
Section 8(1)
c: includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and
d: includes the non-moving parts of a cable car attached to or servicing a building; and
e: after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.
5: New
section 14 The principal Act is amended by repealing section 14
14: Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
1: The regional authority is responsible for performing functions under this Act relating to a building that is a dam.
2: If a building includes a dam,—
a: the regional authority is responsible for performing functions under this Act relating to the dam; and
b: the building consent authority and territorial authority are responsible for performing functions under this Act relating to the parts of the building that are not a dam.
3: For the purposes of subsection (1)
a: sections 31 to 39
b: sections 40 to 116, 220 to 232, and 276 to 281
4: For the purposes of subsection (2), sections 31 to 116, 220 to 232, and 276 to 281
5: The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exercising powers, in relation to a building that includes a dam.
6: New
section 25A The principal Act is amended by inserting, after section 25
25A: Compliance documents to be available on Ministry's website
1: The chief executive must ensure that—
a: promptly after a new compliance document is issued, a digital copy is publicly available on the Ministry's website:
b: even after a compliance document has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the website:
c: promptly after a compliance document is amended, there are publicly available on the Ministry's website—
i: a digital copy of the amendment; and
ii: a digital copy of the document in its up-to-date form.
2: The digital copy in its original form of a compliance document that has been amended—
a: must indicate that it has been amended; and
b: must give references, or provide links, to digital copies of all amendments; and
c: must give a reference, or provide a link, to the digital copy of the document in its up-to-date form.
3: The digital copy in its original form of a compliance document that has been revoked—
a: must indicate that it has been revoked; and
b: must state when it was revoked; and
c: if it has been replaced by another compliance document, must give a reference, or provide a link, to a digital copy of the replacement document in its up-to-date form.
4: The digital copies must be available free of charge.
7: Applicant for building consent liable to pay levy
1: Section 53
1: An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive's functions under this Act if the building consent is granted.
2: The principal Act is consequentially amended—
a: by omitting from sections 53(2)(b)(ii) 56 59(2) 64(1) issued granted
b: by omitting from section 58(1) issue grant
c: by omitting from section 59(1) issuing granting
8: Territorial authority may grant building consent subject to waivers or modifications of building code
Section 67
3: The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.
9: Offence for person to carry out or supervise restricted building work if person is not licensed building practitioner
1: Section 85 Offences relating to carrying out or supervising restricted building work
2: Section 85
1: A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner whose licence authorises the practitioner to carry out or supervise the carrying out of restricted building work of that kind.
1A: A licensed building practitioner commits an offence if he or she—
a: carries out restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of; or
b: supervises the carrying out of restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of.
10: Territorial authority may issue certificate of acceptance in certain circumstances
Section 96
1: A territorial authority may, on application, issue a certificate of acceptance for building work already done—
a: if—
i: the work was done by the owner or any predecessor in title of the owner; and
ii: a building consent was required for the work but not obtained; or
b: if section 42
c: if subsections (3) and (4) of section 91
d: if—
i: the work affects premises to which section 362A
ii: a building consent for the work was obtained before 31 March 2005; and
iii: the territorial authority is unable or refuses to issue a code compliance certificate for the work; and
iv: the application for the certificate of acceptance was made before 31 March 2010.
11: New
section 100 The principal Act is amended by repealing section 100
100: Requirement for compliance schedule
1: A building not used wholly as a single household unit—
a: requires a compliance schedule if—
i: it has a specified system; or
ii: it has a cable car attached to it or servicing it; and
b: requires the schedule for all specified systems it has and any cable car it has attached to it or servicing it.
2: A building used wholly as a single household unit—
a: requires a compliance schedule only if it has a cable car attached to it or servicing it; and
b: requires the schedule only for the cable car.
3: Before 31 March 2008,—
a: a building not used wholly as a single household unit—
i: requires a compliance schedule only if it has a specified system other than a cable car; and
ii: does not require a compliance schedule for any cable car attached to it or servicing it; and
b: a building used wholly as a single household unit does not require a compliance schedule.
12: Alterations to existing buildings
Section 112(1)(a) and to the same extent as if it were a new building
13: Code compliance requirements: change of use
Section 115(b)
i: comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters:
A: means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
B: access and facilities for people with disabilities (if this is a requirement under section 118
14: New
sections 116 to 116B
1: The principal Act is amended by repealing section 116
116: Code compliance requirements: extension of life
1: The owner of a building with a specified intended life must not extend its life without the written consent of the territorial authority.
2: This subsection applies to a building with a specified intended life if—
a: under section 113(2)
b: under section 39(1) of the Building Act 1991
3: The territorial authority must not give its consent to the extension of the life of a building to which subsection (2)
a: has been altered in accordance with the condition; and
b: complies with section 112
116A: Code compliance requirements: subdivision
A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991
a: will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to one or more of the following matters:
i: means of escape from fire:
ii: access and facilities for persons with disabilities (if this is a requirement under section 118
iii: protection of other property; and
b: will continue to comply with the other provisions of the building code to at least the same extent as it did before the application for a subdivision was made.
116B: Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire
1: No person may—
a: use a building, or knowingly permit another person to use a building, for a use for which the building is not safe or not sanitary; or
b: use a building, or knowingly permit another person to use a building, that has inadequate means of escape from fire.
2: A person who fails to comply with subsection (1)
3: A person who commits an offence under this section is liable to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.
2: Section 224(f) Resource Management Act 1991 specified in section 116(3) described in section 116A
15: New section substituted
1: The principal Act is amended by repealing section 165
165: Form and content of notice to fix
1: The following provisions apply to a notice to fix:
a: it must be in the prescribed form:
b: it must state a reasonable timeframe within which it must be complied with:
c: if it relates to building work that is being or has been carried out without a building consent, it may require the making of an application for a certificate of acceptance for the work:
d: if it requires building work to be carried out, it may require the making of an application for a building consent, or for an amendment to an existing building consent, for the work:
e: if it requires building work to be carried out, it must require the territorial authority, the regional authority, or both to be contacted when the work is completed:
f: if it relates to building work, it may direct that all or any building work cease immediately until the responsible authority is satisfied that the person carrying it out is able and willing to resume operations in compliance with this Act and the regulations.
2: Nothing in subsection (1) section 164
2: Form 13 Building (Forms) Regulations 2004 the territorial authority for the district within which the building is situated [ State whether the persons to whom the notice is given must contact the territorial authority for the district within which the building is situated, the regional authority for the region within which the building is situated, or both
16: New
section 191
1: The principal Act is amended by repealing section 191
191: Chief executive may enter person's name in register of building consent authorities
The chief executive may, on the application of a person made in accordance with section 194 section 273(1)(a)
2: The principal Act is consequentially amended—
a: by omitting from sections 5(2)(c)(ii) 11(f) and regional authorities
b: by omitting from sections 19(1) 433(2)(b) or, as the case may be, a regional authority
c: by omitting from sections 192(1) 197(2)(a)(ii) 197(2)(b)(ii) 203(2)(d)(ii) appropriate register register of building consent authorities
d: by omitting from section 193(1) appropriate register may perform the functions of a building consent authority or, as the case may be, of a regional authority register of building consent authorities may perform the functions of a building consent authority
e: by omitting from section 196(1) or regional authority whose name is entered in the appropriate register (registered person) whose name is entered in the register of building consent authorities
f: by omitting from section 196(2) registered person who continues to meet those criteria is entitled to the continuation of the person's building consent authority that continues to meet those criteria is entitled to the continuation of its
g: by omitting from sections 197(1) 200(1) 200(2)(a) 200(3)(a) 201(2)(a) 202(2) 203(1) 203(2)(a) 203(2)(b) 203(2)(c) 203(4) registered person sections 203(1) 202(2) building consent authority
h: by omitting from section 199(1) or of a regional authority
i: by omitting from the heading to section 200 registered persons building consent authorities
j: by omitting from sections 196(2) 197(2)(a)(i) 197(2)(b)(i) 197(2)(b)(ii) 198(1) 198(2) 200(1)(a) 203(1)(a) 203(2)(d)(i) 203(2)(d)(ii) person's sections 198(2) 203(2)(d)(ii) authority's
k: by omitting from sections 197(2)(a)(i) 197(2)(b) person authority
l: by omitting from section 198(1) A person An authority
m: by omitting from section 198(3) a person an authority
n: by omitting from section 249(a) and accredited regional authorities
o: by omitting from sections 250 254(3) 255(1) 391 392(1) or a regional authority
p: by omitting from sections 254(2)(a) 254(2)(b) 392(3) 392(4)(a) 392(4)(b) or the regional authority
q: by omitting from sections 254(3)(b) 392(2)(b) 392(2)(c) or regional authority
r: by omitting from the heading to section 391 or regional authorities
s: by omitting from the heading to section 392 or regional authority
17: Territorial authority must act as building consent authority within its district
1: The heading to section 212 within for
2: Section 212(1) district , and for any coastal marine area (within the meaning of the Resource Management Act 1991
18: Regional authority must gain accreditation and be registered
Section 241
2: Subsection (1)
a: is subject to the regional authority's power under section 244
b: does not apply to any function it transfers to another regional authority.
19: Regional authorities may impose fee or charge and recover costs
1: Section 243 , and must collect levy
2: Section 243
1: A regional authority—
a: may impose a fee or charge—
i: for issuing a project information memorandum under section 34
ii: for performing any other function or service under this Act; and
b: may recover its costs from the owner if it carries out building work under section 156
c: must collect the levy an applicant is liable to pay to the chief executive under section 53
20: Chief executive must keep registers
1: Section 273(1)(b)
2: Sections 274(a)(ii) 402(1)(t)(ii)
21: Functions of Registrar
Section 311
c: to help the Board to receive and investigate complaints under sections 315 and 316
d: to provide other administrative support for the Board sufficient to enable the Board to perform its functions efficiently and effectively; and
e: to perform any other function conferred on the Registrar by this Act or any other enactment.
22: New
sections 362A to 363C
1: The principal Act is amended by repealing section 363
362A: Premises in respect of which duty arises under
section 363
1: This section applies to premises that—
a: are intended to be open to members of the public or are being used by members of the public; and
b: comprise all or part of a building.
2: For the purposes of subsection (1)
a: whether or not members of the public are charged for their use (or, as the case may be, whether or not it is intended that members of the public are to be charged for their use); and
b: whether or not members of the public will, regularly or from time to time, be excluded from them.
363: Protecting safety of members of public using premises open to public or intended for public use
1: A person who owns, occupies, or controls premises to which section 362A
a: if—
i: a building consent is required for the work; but
ii: no building consent has been granted for it; or
b: if a building consent has been granted for the work, but—
i: no code compliance certificate has been issued for the work; and
ii: no certificate for public use has been issued under section 363A
c: if a building consent has been granted for the work, and a certificate for public use has been issued under section 363A
i: no code compliance certificate has been issued for the work; and
ii: the certificate for public use has been issued for the part subject to conditions that have not been complied with.
2: For the purposes of subsection (1)
a: whether or not the work has been completed; and
b: whether the work is being or has been done to or in, or involves or involved the building of,—
i: the part itself; or
ii: some other part of the building that the premises comprise or form part of.
3: A person who fails to comply with subsection (1)
4: A person who commits an offence under this section is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.
363A: Public use of premises may be allowed before issue of code compliance certificate in some circumstances
1: A person who owns, occupies, or controls premises to which section 362A
a: a building consent has been granted for building work affecting the premises or part; and
b: no code compliance certificate has been issued for the work.
2: The territorial authority may issue a certificate for public use for the premises or part if, and only if, satisfied on reasonable grounds that members of the public can use the premises or part (as the case may be) safely.
3: A certificate for public use—
a: must be in the prescribed form; and
b: may be issued subject to conditions.
4: The territorial authority must decide whether to issue the certificate—
a: within 20 working days after the authority receives an application for it; or
b: within any further period agreed between the applicant and the authority.
5: Within the period stated in subsection (4)
6: Nothing in this section relieves the owner of a building from the obligation imposed by section 92(1)
363B: Application of
section 363
1: This section applies to building work if it affects premises to which section 362A
a: a building consent was granted for it before 31 March 2005; or
b: it began before 31 March 2005.
2: Before 31 March 2010, section 363(1)
3: On and after 31 March 2010, section 363(1) section 96(1)
363C: Section 363 Building Act 1991
1: Section 363(1)
2: Subsection (1)
2: Section 177(c)
iiia: issue or refuse to issue a certificate for public use under section 363A .
23: Offence for residential property developer to transfer household unit without code compliance certificate
Section 364
4: Subsection (1)
24: Requirement to consult
1: Section 409(2)
a: paragraph (c)
b: paragraph (d)(iii)
2: Section 409
2A: Before doing any of the things referred to in subsection (1)
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and
b: must, if paragraph (a) Gazette
3: Section 409(3) subsection (2) subsections (2) and (2A)
25: Access to material incorporated by reference
Section 410
1: The chief executive—
a: must make the material referred to in subsection (2)
b: must make copies of the material available for purchase at a reasonable price at all of the Ministry's offices; and
c: must make so much of the material as relates to the following matters available for inspection during working hours, free of charge, at all of the Ministry's offices:
i: the use of timber, concrete, concrete masonry, glass, and plaster coating in the construction of buildings; and
ii: the design of buildings using timber, concrete, concrete masonry, and steel; and
iii: plumbing installation; and
iv: access for persons with disabilities; and
v: energy efficiency in buildings; and
d: may make copies of the material available in any other way that the chief executive considers appropriate in the circumstances (for example, on an Internet website); and
e: must give notice in the Gazette
i: the material is incorporated in an instrument and the date on which the instrument was made; and
ii: the material is available for inspection during working hours, free of charge, at the Ministry's office in Wellington and the location of that office; and
iii: copies of the material can be purchased at all of the Ministry's offices and the location of those offices; and
iv: the material referred to in paragraph (c)
v: if copies of the material are made available under paragraph (d)
1A: Subsection (1)(c)
26: Transitional provision for code compliance certificates and compliance schedules issued under former Act
Section 438
2: Before 30 November 2009,—
a: the reference in sections 103(1)(c) and 108(7)
b: the references in sections 108(3)(c), 108(3)(d), 108(7), 109, and 110(a)
3: A person who immediately before the commencement of this section was accepted by a territorial authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule continues to be accepted until the authority withdraws its acceptance.
4: Before 30 November 2009, a territorial authority—
a: may accept any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule:
b: may withdraw its acceptance of any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule (whether the acceptance occurred before or after the commencement of this section).
5: If not earlier withdrawn, a territorial authority's acceptance of a person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule expires on 30 November 2009.


Commerce Amendment Act 2005

1: Title
1: This Act is the Commerce Amendment Act 2005.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Requirement to consult
1: Section 57GF(2) paragraph (c)
2: Section 57GF subsection (2)
2A: Before a threshold to which this section applies is made, the Chairman—
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and
b: must, if paragraph (a) Gazette
3: Section 57GF(3) subsection (1) subsections (2) and (2A)
4: Access to material incorporated by reference
Section 57GG subsection (1)
1: The Chairman—
a: must make the material referred to in subsection (2)
b: must make copies of the material available for purchase at a reasonable price at the head office of the Commission; and
c: may make copies of the material available in any other way that the Chairman considers appropriate in the circumstances (for example, on an Internet website); and
d: must give notice in the Gazette
i: the material is incorporated in the threshold and the date on which the threshold was made; and
ii: the material is available for inspection during working hours, free of charge, at the head office of the Commission and the location of that office; and
iii: copies of the material can be purchased at the head office of the Commission and the location of that office; and
iv: if copies of the material are made available under paragraph (c)


Copyright Amendment Act 2005

1: Title
1: This Act is the Copyright Amendment Act 2005.
2: In this Act, the Copyright Act 1994 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: No copyright in certain works
Section 27
1A: No Crown copyright exists in any work, whenever that work was made,â€”
a: in which the Crown copyright has not been assigned to another person; and
b: that is incorporated by reference in a work referred to in subsection (1)
1B: Except as specified in subsection (1A) subsection (1) subsection (1)


Health Amendment Act 2005

1: Title
1: This Act is the Health Amendment Act 2005.
2: In this Act, the Health Act 1956 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Requirement to consult
1: Section 112ZK(2)
a: paragraph (d)
b: paragraph (e)(iii)
2: Section 112ZK subsection (2)
2A: Before regulations to which this section applies are made, the Director-General—
a: may make copies of the proposed standards available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and
b: must, if paragraph (a) Gazette
4: Access to standards incorporated by reference
Section 112ZL subsection (1)
1: The Director-General—
a: must make the standards referred to in subsection (2)
b: must make copies of the standards available for purchase at a reasonable price; and
c: may make copies of the standards available in any other way that the Director-General considers appropriate in the circumstances (for example, on an Internet website); and
d: must 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 location of the place or places at which they can be inspected; and
iii: copies of the standards can be purchased and the location of the place or places at which they can be purchased; and
iv: if copies of the standards are made available under paragraph (c)


Gambling Amendment Act 2005

1: Title
1: This Act is the Gambling Amendment Act 2005.
2: In this Act, the Gambling Act 2003 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 4(1) paragraph (b)(iv) key person
iv: a person who is a director, chief executive, or senior manager of a venue operator:
iva: any other person whom the Secretary reasonably believes to have a significant interest in the management, ownership, or operation of a venue operator, except for the following persons holding office, elected, or appointed under the Sale of Liquor Act 1989
A: a member of a licensing trust elected in accordance with sections 191 to 194 of that Act section 195 of that Act
B: a trustee of a community trust holding office under section 219Q of that Act section 219R of that Act section 219U of that Act


1: Title
This Act is the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
In recognition of the Fiordland (Te Moana o Atawhenua) Marine Area's local, national, and international importance, unique marine environment, distinctive biological diversity, and outstanding landscape and cultural heritage, this Act—
a: establishes the Fiordland (Te Moana o Atawhenua) Marine Area and 8 marine reserves in that area:
b: implements measures to assist in the preservation, protection, and sustainable management of the marine environment and biological diversity of the Fiordland (Te Moana o Atawhenua) Marine Area:
c: establishes the Fiordland Marine Guardians to provide advice on fisheries management, biosecurity, sustainable management, and marine preservation and protection:
d: facilitates and promotes co-operation between the Guardians and management agencies, to assist in achieving the integrated management of the Fiordland (Te Moana o Atawhenua) Marine Area:
e: acknowledges the importance of kaitiakitanga.
4: Interpretation
1: In this Act, unless the context otherwise requires,— fees framework Guardians section 12 management agency
a: the Department of Conservation:
b: the Ministry for the Environment:
c: the Ministry of Agriculture and Forestry:
d: the Ministry of Fisheries:
e: the Southland Regional Council Minister Ngāi Tahu Whānui section 2 pounamu section 2 Southland Regional Coastal Plan
2: Unless the context otherwise requires, terms and expressions used and not defined in this Act, but defined in the Resource Management Act 1991 Section 4(1) management agency replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
5: Act binds the Crown
This Act binds the Crown.
2: Marine Management Measures
6: Establishment of Fiordland (Te Moana o Atawhenua) Marine Area
1: This section establishes the Fiordland (Te Moana o Atawhenua) Marine Area.
2: The Fiordland (Te Moana o Atawhenua) Marine Area and the marine reserves established by section 7 Schedule 1
3: The Fiordland (Te Moana o Atawhenua) Marine Area is described in Schedule 2
4: If there is any inconsistency between the areas indicated in Schedule 1 Schedule 2 Schedules 4 to 11
5: The co-ordinates shown in the schedules are in terms of WGS84 Datum.
7: Establishment of marine reserves
1: This section establishes the following areas of the Fiordland (Te Moana o Atawhenua) Marine Area as marine reserves:
a: the area described in Schedule 4
b: the area described in Schedule 5
c: the area described in Schedule 6
d: the area described in Schedule 7
e: the area described in Schedule 8
f: the area described in Schedule 9
g: the area described in Schedule 10
h: the area described in Schedule 11
2: The marine reserves established by subsection (1) are subject to any conditions—
a: specified in their corresponding schedules; and
b: specified in Schedule 3
8: Application of Marine Reserves Act 1971
1: The marine reserves established by section 7(1) section 4(1)
2: The Marine Reserves Act 1971 section 4(1) section 5 section 7(1) section 7(2)
9: Amendments to schedules
1: The descriptions and conditions set out in Schedules 3 to 11 Marine Reserves Act 1971
2: Amendments, variations, or revocations to the conditions set out in Schedule 3 section 7(1)
3: Subsections (1) and (2) are for the avoidance of doubt.
10: Moratorium on marine reserve applications
1: During the period referred to in subsection (2), no Order in Council may be made under section 4
2: The period referred to in subsection (1)—
a: begins on the commencement of this Act; and
b: expires on the earlier of the following:
i: 7 years after the commencement of this Act; or
ii: on completion of the Ministerial review conducted under section 25(1)
3: If, during the period referred to in subsection (2), the Director-General receives an application under section 5(1)(a)
a: must not process the application; and
b: must not determine the application; and
c: must return the application to the applicant as soon as practicable.
11: Amendments to Southland Regional Coastal Plan
1: The Southland Regional Coastal Plan is amended in the manner indicated in Schedule 12
2: The amendments referred to in subsection (1)—
a: become operative on the date that the Southland Regional Coastal Plan, or the relevant part of that Plan, becomes operative in accordance with clause 20
b: apply only to the Fiordland (Te Moana o Atawhenua) Marine Area (except for the amendments to section 7 of the Plan, some of which may apply to the wider Southland coastal marine area):
c: may become operative at different times:
d: do not require the Minister of Conservation's approval under clause 18 clause 19
3: Nothing in this section prevents the Southland Regional Coastal Plan being varied or amended in accordance with Part 1
4: Subsection (2)(d) does not apply to subsequent variations or amendments to the amendments referred to in subsection (1).
5: Subsections (3) and (4) are for the avoidance of doubt. Section 11(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
3: Fiordland Marine Guardians
12: Establishment of Guardians
This section establishes the Fiordland Marine Guardians.
13: Functions of Guardians
1: The functions of the Guardians are—
a: to advise and make recommendations to management agencies and Ministers who exercise functions under the enactments listed in Schedule 13
i: advice and recommendations on the effectiveness of management measures in the Fiordland (Te Moana o Atawhenua) Marine Area:
ii: advice and recommendations on activities occurring outside the Fiordland (Te Moana o Atawhenua) Marine Area if those activities impact, or are likely to impact, on the Fiordland (Te Moana o Atawhenua) Marine Area:
iii: advice and recommendations on likely threats to the Fiordland (Te Moana o Atawhenua) Marine Area:
b: to facilitate and promote the integrated management of the Fiordland (Te Moana o Atawhenua) Marine Area:
c: to obtain, share, and monitor information on the state of the Fiordland (Te Moana o Atawhenua) Marine Area:
d: to assist management agencies to—
i: prepare and disseminate information about the Fiordland (Te Moana o Atawhenua) Marine Area, including educational information:
ii: monitor the state of the marine environment and biological diversity in the Fiordland (Te Moana o Atawhenua) Marine Area:
iii: plan for the enforcement of, and compliance with, the management of the Fiordland (Te Moana o Atawhenua) Marine Area:
e: to conduct any reviews instituted under section 25
i: are invited by the Minister to conduct; and
ii: agree to conduct:
f: to perform any other functions given to them under this or any other Act.
2: Advice and recommendations under subsection (1)(a) may be given on the Guardians' own initiative or at the request of—
a: a management agency; or
b: the Minister; or
c: the Minister for Biosecurity; or
d: the Minister of Fisheries; or
e: the Minister of Conservation.
14: Guardians may be appointed as committee under Conservation Act 1987
1: This section applies to appointments in respect of any marine reserve established under section 7(1)
2: If the Minister of Conservation decides to appoint an advisory committee under section 56
3: If the Southland Conservation Board decides to appoint a committee under section 6N(2)(b)
15: Membership of Guardians
1: The Guardians consist of not more than 8 members, and not less than 5 members, appointed by the Minister.
2: In appointing members to the Guardians, the Minister must—
a: consult the Minister for Biosecurity, the Minister of Conservation, the Minister of Fisheries, and the Southland Regional Council
b: ensure that the membership reflects a balanced mix of knowledge and experience in relation to the Fiordland (Te Moana o Atawhenua) Marine Area; and
c: ensure that 1 member is nominated by Te Rūnanga o Ngāi Tahu: and
d: ensure that at least 5 members are ordinarily resident in the Otago or Southland regions.
3: In appointing members to the Guardians, the Minister may seek recommendations from persons whom the Minister considers appropriate.
4: A member may be appointed for a term not exceeding 4 years, and may be reappointed for further terms not exceeding 4 years each.
5: The Minister may, by notice in writing, remove a member from office at any time if the Minister is satisfied that the member—
a: is unable to perform the functions of office:
b: is under a legal incapacity:
c: is bankrupt:
d: has neglected his or her duties as a member:
e: has been guilty of misconduct.
6: A member may resign by notice in writing to the Minister.
7: The appointment of a person as a member of the Guardians is not invalid because of a defect in the appointment. Section 15(2)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
16: Vacation of membership
1: Despite section 15(4)
a: the member is reappointed; or
b: a successor to the member is appointed; or
c: the Minister notifies the member in writing that no successor will be appointed.
2: Subsection (1) does not apply if the member—
a: has been removed from office under section 15(5)
b: has resigned under section 15(6)
17: Chairperson
1: The Guardians must appoint a member to act as chairperson.
2: The chairperson holds office for the period agreed by the Guardians at the time of the chairperson's appointment.
3: The chairperson may be reappointed.
18: Procedure
1: The Guardians are responsible for regulating their own procedures.
2: Subsection (1) is subject to any directions given to the Guardians by the Minister.
19: Employees of management agencies may attend meetings of Guardians
1: Subject to subsections (2) and (3), an employee of a management agency may attend and participate in any meeting of the Guardians.
2: The attendance and participation of an employee is subject to the consent of the Guardians.
3: An employee has no voting rights in respect of the meeting.
20: Reports
1: At the conclusion of each financial year, the Guardians must provide a report to the Minister setting out—
a: the dates and times of meetings of the Guardians that occurred during that year; and
b: details of any advice and recommendations made by the Guardians during that year; and
c: any other activities undertaken by the Guardians during that year.
2: The Guardians must publish every report they make to the Minister.
21: Remuneration of Guardians
The members of the Guardians are entitled to receive—
a: remuneration determined by the Minister in accordance with the fees framework for members of statutory and other bodies; and
b: payment of reimbursing allowances or for actual and reasonable expenses incurred in undertaking the functions of the Guardians.
22: Members not liable for things done or omitted in good faith
A member of the Guardians is not liable for anything done or omitted in the performance of the Guardians' functions if done or omitted in good faith.
23: No entitlement to compensation
A member of the Guardians is not entitled to compensation or other payment or benefit if he or she ceases for any reason to hold office as a member of the Guardians.
24: Functions of Minister
The Minister has the following functions:
a: to appoint members to the Guardians in accordance with section 15
b: to provide directions to the Guardians as permitted under section 18(2)
c: to initiate reviews to determine the effectiveness of the management of the Fiordland (Te Moana o Atawhenua) Marine Area in accordance with section 25
d: to exercise any other powers or perform any other functions under this Act.
25: Ministerial reviews
1: The Minister must initiate a review to determine the effectiveness of the management of the Fiordland (Te Moana o Atawhenua) Marine Area, at 5 years after the commencement of this Act.
2: The Minister may initiate subsequent reviews at times determined by the Minister in consultation with management agencies and the Guardians.
3: Before initiating a review under this section, the Minister must consult with persons who, in the opinion of the Minister, are able to provide advice on—
a: when a review under subsection (1) should be initiated; or
b: whether a review under subsection (2) should be initiated and, if so, when.
4: The Minister must—
a: appoint a suitable person or organisation to conduct a review; and
b: set the terms of reference for that review.
5: On completion of a review under subsection (1) or subsection (2), the Minister must prepare and publish a report.
26: Advice and recommendations of Guardians
1: All persons (including management agencies) exercising powers or carrying out functions in the Fiordland (Te Moana o Atawhenua) Marine Area must take into account any advice or recommendations provided by the Guardians.
2: The powers and functions referred to in subsection (1) are the powers and functions authorised or required by this Act or by any Act specified in Schedule 13
27: Protocol between management agencies and Guardians
1: The chief executives of management agencies must enter into an agreement with the Guardians about the way in which the objective referred to in section 3(d)
2: The agreement referred to in subsection (1) must be contained in a single document signed by—
a: all chief executives of management agencies; and
b: the chairperson of the Guardians.
3: If the Guardians consider that an employee of a management agency has acted in a manner that is inconsistent with the terms of the protocol, the Guardians may advise the Minister of the inconsistency.
28: Relationship with other Acts
1: If there is any inconsistency between this Act and a provision of an Act specified in Schedule 13
2: Subsection (1) is subject to section 8(2) section 10 section 11 clause 2(4)
3: Nothing in this Act affects the following Acts:
a: Ngai Tahu (Pounamu Vesting) Act 1997
b: Ngai Tahu Claims Settlement Act 1998
4: Subsection (3) is for the avoidance of doubt.
29: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)