Māori Purposes Act 2022

1: Title
This Act is the Māori Purposes Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Te Ture Whenua Maori Act 1993
3: Principal Act
This Part amends Te Ture Whenua Maori Act 1993 2022-11-29 Te Ture Whenua Maori Act 1993
4: Preamble amended
In the Preamble Te Kooti Kooti
5: Section 4 amended (Interpretation)
In section 4 audiovisual link Ruapuha Uekaha Hapū Trust
6: Section 147A amended (Right of first refusal for sale or gift)
In section 147A(5)(b) 15 working days 20 working days
7: Section 174 amended (Notice of meetings)
Replace section 174(1)
1: Every meeting called under section 173 must be held—
a: at the time appointed by the court; and
b: by 1 or both of the following means, as directed by the court:
i: at a place appointed by the court:
ii: using an audiovisual link with 1 or more of the persons permitted by regulations to attend.
1A: The court must summon the owners to the meeting by notice given in the prescribed manner.
8: Section 231 amended (Review of trusts)
After section 231(3)
4: Subsection (3)(c) does not apply in respect of the Ruapuha Uekaha Hapū Trust.
9: Section 241 amended (Termination of trust)
After section 241(2)
3: This section does not apply in respect of the Ruapuha Uekaha Hapū Trust.
10: Section 246 amended (Interpretation)
In section 246 special resolution 15 working days’ notice 20 working days’ notice
11: Section 351 amended (Periodic review of trusts constituted under section 438 of Maori Affairs Act 1953)
After section 351(2)
3: The power to terminate a trust under subsection (2) does not apply in respect of the Ruapuha Uekaha Hapū Trust.
12: Schedule 1AA amended
In Schedule 1AA,—
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
13: Maori Assembled Owners Regulations 1995 amended
Amend the Maori Assembled Owners Regulations 1995 Schedule 2 2022-11-29 Maori Assembled Owners Regulations 1995
2: Amendments to Maori Purposes Act 1959
14: Principal Act
This Part amends the Maori Purposes Act 1959 2022-11-29 Maori Purposes Act 1959
15: Section 3 amended (Interpretation)
1: In section 3 adjoining waters forming part of the Lake Wairehau Canal Wairehu Canal
2: In section 3 adjoining waters forming part of the Lake
e: those portions of the natural tributaries of Lake Rotoaira situated within the area bounded by longitude 175°42.000′E, State Highway 46, and State Highway 47
3: In section 3 stipendiary ranger stipendiary ranger
a: holds a warrant of appointment as an officer under section 198 of the Fisheries Act 1996 or as a ranger under the Wildlife Act 1953, or is a warranted officer under the Conservation Act 1987; and
b: is an employee of the department responsible for the administration of the applicable Act
4: In section 3 Taupo District
16: Section 4 replaced (Permit required to enter on lake or fish in lake or stream)
Replace section 4
4: Permit required to enter Lake or fish in Lake
1: Except as provided in subsection (9)
2: A person must not fish or take fish from the Lake unless the person holds—
a: a current entry permit that authorises fishing; and
b: if the person fishes for or takes trout from the Lake, a current trout-fishing licence issued in respect of the Taupo District under regulations made under any Act.
3: The application of subsection (2)
4: The Trustees or their agents may issue entry permits authorising the holders to enter in and on the Lake.
5: The Trustees may state—
a: the conditions under which a person is permitted to enter in or on the Lake; and
b: the purposes for which they may enter.
6: The holder of an entry permit must not enter or remain in or on the Lake—
a: in breach of those conditions; or
b: for any purpose other than a purpose for which the permit was issued.
7: The Trustees, in their discretion, may—
a: decide the number of entry permits that may be issued:
b: refuse to issue an entry permit to any person:
c: revoke the entry permit of any person who—
i: breaches any condition on which the permit was issued; or
ii: enters or remains in or on the Lake for any purpose other than a purpose for which the permit was issued.
8: If an entry permit is revoked, the holder must, on demand, surrender it to the Trustees or their agent or to any warden.
9: The following persons may enter in and on the Lake without holding an entry permit:
a: a Trustee:
b: a warden:
c: another person in the bona fide employment of the Trustees:
d: a constable:
e: a stipendiary ranger:
f: a beneficial owner under the Rotoaira Trust authorised to enter by written authority of the Trustees or their agent:
g: a trustee of Motuopuhi Māori Reservation and their invitees (but entry to the waters described in paragraph (b), (c), or (e)
h: a person authorised to enter on land by section 110 or 111 of the Public Works Act 1981 or by section 53 of the Cadastral Survey Act 2002, which authorise the entry on land for purposes of survey:
i: a person engaged, either directly or indirectly, in the planning, preparation, construction, maintenance, or operation of any public work within the meaning of the Public Works Act 1981, or in carrying out any investigation for the purposes of any proposed such work:
j: an officer of Te Puni Kōkiri entering in the course of their duties:
k: a Judge of the Maori Land Court entering to perform the functions of their office:
l: an officer, employee, or agent of—
i: a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 that is a generator of electricity; or
ii: a mixed ownership model company within the meaning of section 45P of the Public Finance Act 1989 that is a generator of electricity.
10: To avoid doubt, a right of entry under subsection (9)
17: Section 11 amended (Penalty for offences)
In section 11 $100 $5,000
18: Section 14 amended (Modification of provisions of Conservation Act 1987)
In section 14(b) section 26R(4)(b) section 26R(4)
19: Section 15 amended (Regulations)
1: Replace section 15(2)(e)
e: empowering the Trustees to—
i: fix the daily limits of numbers and types of fish that may be taken in the Lake; and
ii: specify the size, type, and numbers of fish that may be taken during any given period:
2: In section 15(2)(h) $100 $5,000
20: Rotoaira Trout Fishing Regulations 1979 amended
Amend the Rotoaira Trout Fishing Regulations 1979 Schedule 3 2022-11-29 Rotoaira Trout Fishing Regulations 1979
3: Amendments to other Acts
1: Amendments to Maori Trust Boards Act 1955
21: Principal Act
This subpart amends the Maori Trust Boards Act 1955 2022-11-29 Maori Trust Boards Act 1955
22: Section 2 amended (Interpretation)
1: In section 2 electronic voting system
2: In section 2 Minister Minister
23: Section 9 amended (Taranaki Maori Trust Board)
Repeal section 9(2)
24: Section 16 amended (Extraordinary vacancies)
1: In section 16(1) the Minister the Board
2: After section 16(1)
1A: If a Board receives the resignation in writing of a member, it must notify the Minister as soon as practicable after receipt of the resignation.
25: Section 41 replaced (Fees and travelling allowances)
Replace section 41
41: Remuneration of members
A Board may pay to its members remuneration for services provided as a member by way of—
a: fees, salary, or allowances; and
b: travelling allowances or expenses.
26: Cross-heading above section 50 amended
In the cross-heading above section 50 ballot or electronic voting
27: Section 50 replaced (Elections to be by postal ballot unless regulations provide otherwise)
Replace section 50
50: Elections to be by postal ballot or electronic vote unless regulations provide otherwise
The election of candidates to membership of a Board must be by 1 or both of the following, as required by the Board, unless regulations made under this Act provide otherwise:
a: postal ballot:
b: electronic vote.
28: Section 51 replaced (Ballot papers to be sent out)
Replace section 51
51: Ballot papers and electronic voting to be made available
If an election is required by section 48, the Secretary of the applicable Board must, not later than 1 month after the latest date fixed by section 47 for the lodging of nominations,—
a: send a ballot paper to each beneficiary entitled to vote at the election, which sets out—
i: the full names of each candidate for election; and
ii: the method of marking the ballot paper to indicate the beneficiary’s preference; and
iii: the postal or electronic address to which the ballot paper is to be returned; and
iv: the latest time for its return; and
b: for an election using electronic voting, make the electronic voting system available to each beneficiary entitled to vote at the election.
29: Section 52 replaced (Returning Officer)
Replace section 52
52: Returning Officer
1: The Minister may appoint any person, including the Secretary of the Board or an officer of the public service, as the Returning Officer for an election.
2: A beneficiary who casts a vote must send the ballot paper or electronic vote to the Returning Officer not later than 1 month before the date of expiry of the term of office of the members in office.
30: Section 53 replaced (Results of ballots)
Replace section 53
53: Results of voting
1: After the time fixed for the return of ballot papers and electronic votes has expired, the Returning Officer must count the votes validly cast for each candidate and communicate the results to the Secretary of the Board.
2: Each candidate may appoint 1 scrutineer to be present at the counting of the votes.
31: Maori Trust Boards Regulations 1985 amended
Amend the Maori Trust Boards Regulations 1985 Schedule 4 2022-11-29 Maori Trust Boards Regulations 1985
2: Amendment to Maori Community Development Act 1962
32: Principal Act
This subpart amends the Maori Community Development Act 1962 2022-11-29 Maori Community Development Act 1962
33: Section 28 amended (Accounting records and financial reporting)
Replace section 28(1)(f)
f: the New Zealand Maori Council must submit a copy of its audited financial statements to the chief executive:
g: each District Maori Council must submit a copy of its audited financial statements to the New Zealand Maori Council:
h: each Maori Committee and Maori Executive Committee must submit a copy of its audited financial statements to the District Maori Council in whose district it operates.


1: Title
This Act is the Remuneration Authority Legislation Act 2022.
2: Commencement
This Act comes into force on the first day of the month that immediately follows the month in which this Act receives the Royal assent.
1: Amendment to Remuneration Authority Act 1977
3: Principal Act
This Part amends the Remuneration Authority Act 1977 2022-12-01 Remuneration Authority Act 1977
4: Schedule 4 amended
1: In Schedule 4
2: In Schedule 4 The Chairperson and Deputy Chairpersons of the Human Rights Review Tribunal The Chief Community Magistrate and the Community Magistrates The deputy chairs and members of the Immigration and Protection Tribunal The Environment Commissioners and Deputy Environment Commissioners of the Environment Court The Principal Disputes Referee and the Referees of the Disputes Tribunal The Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, and the Tenancy Adjudicators of the Tenancy Tribunal
2: Amendments to other Acts
1: Amendments to Disputes Tribunal Act 1988
5: Principal Act
This subpart amends the Disputes Tribunal Act 1988 2022-12-01 Disputes Tribunal Act 1988
6: Section 6D amended (Delegation by Principal Disputes Referee)
In section 6D(5) section 8A section 9
7: Section 8A repealed (Salary and allowances of Principal Disputes Referee)
Repeal section 8A
8: Section 9 replaced (Salary and allowances)
Replace section 9
9: Remuneration of Principal Disputes Referee and Referees
1: The Principal Disputes Referee and each Referee—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a).
3: For the purposes of subsection (1)(b), the Fees and Travelling Allowances Act 1951 applies as if the Principal Disputes Referee and each Referee were a member of a statutory Board as defined in section 2 of that Act.
9: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
2: Amendments to District Court Act 2016
10: Principal Act
This subpart amends the District Court Act 2016 2022-12-01 District Court Act 2016
11: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
12: Sections 60 and 61 replaced
Replace sections 60 61
60: Remuneration of Chief Community Magistrate and Community Magistrates
1: The Chief Community Magistrate and each Community Magistrate must be paid, out of public money, without further appropriation than this section,—
a: a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: any additional allowances, such as travelling allowances or other incidental or minor allowances, as determined by the Governor-General by Order in Council.
2: An Order in Council made under subsection (1)(b), or a provision of any such order, may be made so as to come into force on a specified date that is—
a: the date on which the order is made; or
b: any other date, whether that date is before or after the date on which the order is made.
3: If no date is specified under subsection (2), the order or provision comes into force on the date on which the order is made.
4: An order under subsection (1)(b) is secondary legislation ( see 1947 No 16 s 11G(2) 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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act.
61: Remuneration of acting Chief Community Magistrate and acting Community Magistrates
1: For the period during which an acting Chief Community Magistrate acts as authorised under section 56, the acting Chief Community Magistrate must be paid the salary, fee, or allowances determined for a Chief Community Magistrate under section 60(1)
2: For the period during which an acting Community Magistrate acts as authorised under section 59, the acting Community Magistrate must be paid the salary, fee, or allowances determined for a Community Magistrate under section 60(1) 1947 No 16 s 11H(4)
13: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 2
3: Amendments to Human Rights Act 1993
14: Principal Act
This subpart amends the Human Rights Act 1993 2022-12-01 Human Rights Act 1993
15: Section 2 amended (Interpretation)
In section 2(1) fees framework
16: Section 101B amended (Delegation by Chairperson of Tribunal)
In section 101B(5) section 119 section 118A
17: New section 118A inserted (Remuneration of Chairperson and Deputy Chairpersons)
After section 118
118A: Remuneration of Chairperson and Deputy Chairpersons
1: The Chairperson, and each Deputy Chairperson, of the Tribunal—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: is entitled in accordance with the fees framework to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as a Chairperson or Deputy Chairperson.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a).
18: Section 119 amended (Fees of members of Tribunal)
1: In section 119(1) Tribunal appointed in accordance with section 98(b)
2: Repeal section 119(2)
19: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.
4: Amendments to Immigration Act 2009
20: Principal Act
This subpart amends the Immigration Act 2009 2022-12-01 Immigration Act 2009
21: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 4
b: make all necessary consequential amendments.
22: Schedule 2 amended
In Schedule 2, replace clause 4(2)
2: Each deputy chair and the other members of the Tribunal (including an acting member appointed under section 219A)—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
3: Expenses may be incurred, without further appropriation than this clause, to meet the salaries, fees, or allowances determined under subclause (2)(a).
4: For the purposes of subclause (2)(b), the Fees and Travelling Allowances Act 1951 applies as if each deputy chair and other member of the Tribunal were a member of a statutory Board as defined in section 2 of that Act.
5: Amendments to Residential Tenancies Act 1986
23: Principal Act
This subpart amends the Residential Tenancies Act 1986 2022-12-01 Residential Tenancies Act 1986
24: Section 69 replaced (Remuneration of Tenancy Adjudicators)
Replace section 69
69: Remuneration of Tenancy Adjudicators
1: Each Tenancy Adjudicator—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a).
3: For the purposes of subsection (1)(b), the Fees and Travelling Allowances Act 1951 applies as if each Tenancy Adjudicator were a member of a statutory Board as defined in section 2 of that Act.
4: The remuneration of a Tenancy Adjudicator must not be reduced during the term of the Tenancy Adjudicator’s appointment.
5: In this section, Tenancy Adjudicator
25: Section 71A amended (Delegation by Principal Tenancy Adjudicator)
In section 71A(5) section 69(1) section 69
26: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 5
b: make all necessary consequential amendments.
6: Amendments to Resource Management Act 1991
27: Principal Act
This subpart amends the Resource Management Act 1991 2022-12-01 Resource Management Act 1991
28: Section 263 replaced (Remuneration of Environment Commissioners and special advisors)
Replace section 263
263: Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors
1: Each Environment Commissioner and Deputy Environment Commissioner—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a).
3: Each special advisor must be paid, out of money appropriated by Parliament for the purpose, remuneration by way of a salary, a fee, or an allowance, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951.
4: For the purposes of subsections (1)(b) and (3), the Fees and Travelling Allowances Act 1951 applies as if each Environment Commissioner, Deputy Environment Commissioner, and special advisor were a member of a statutory Board as defined in section 2 of that Act.
29: Schedule 12 amended
In Schedule 12
a: insert the Part set out in Schedule 6
b: make all necessary consequential amendments.


Statutes Amendment Act 2022

1: Title
This Act is the Statutes Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal Assent.
1: Amendment to Agricultural Compounds and Veterinary Medicines Act 1997
3: Principal Act
This Part amends the Agricultural Compounds and Veterinary Medicines Act 1997 2022-11-30 Agricultural Compounds and Veterinary Medicines Act 1997
4: New section 78A inserted (Certain secondary legislation or published instruments may be consolidated)
After section 78
78A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by Director-General and with same publishing requirements
1: The Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
2: Amendments to Animal Products Act 1999
5: Principal Act
This Part amends the Animal Products Act 1999 2022-11-30 Animal Products Act 1999
6: New section 167B inserted (Certain secondary legislation or published instruments may be consolidated)
After section 167A
167B: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
7: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
3: Amendment to Animal Welfare Act 1999
8: Principal Act
This Part amends the Animal Welfare Act 1999 2022-11-30 Animal Welfare Act 1999
9: New section 184A and cross-heading inserted
After section 184 Consolidation of secondary legislation or published instruments
184A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister, the Director-General, or the Minister of Conservation (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
4: Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009
10: Principal Act
This Part amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 2022-11-30 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
11: Section 5 amended (Interpretation)
In section 5(1) law enforcement purposes 1996 2018
12: Section 49 amended (Obligation to keep transaction records)
In section 49(2)(f)(ii) section 40(1)(b) paragraph (b) of the definition of suspicious activity in section 39A
13: Section 140 amended (Power to use and disclose information supplied or obtained under other enactments for AML/CFT purposes)
1: Replace section 140(1)
1: A government agency, an AML/CFT supervisor, or a regulator may disclose to another government agency or AML/CFT supervisor any information supplied or obtained under an enactment listed in subsection (2) if the disclosing entity has reasonable grounds to believe that the disclosure of that information is necessary or desirable for the purpose of ensuring compliance with this Act and regulations.
2: In section 140(2)(c) Customs and Excise Act 2018 Criminal Proceeds (Recovery) Act 2009
3: In section 140(2)(d) Customs and Excise Act 1996 Customs and Excise Act 2018
14: Section 144 amended (Delegation of powers of Commissioner)
In section 144(2) and (3) constable constable or Police employee
5: Amendment to Biosecurity Act 1993
15: Principal Act
This Part amends the Biosecurity Act 1993 2022-11-30 Biosecurity Act 1993
16: New section 166A inserted (Certain secondary legislation or published instruments may be consolidated)
After section 166
166A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The responsible Minister or the Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The responsible Minister, the Director-General, a chief technical officer, or a management agency (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
6: Amendment to Canterbury Earthquakes Insurance Tribunal Act 2019
17: Principal Act
This Part amends the Canterbury Earthquakes Insurance Tribunal Act 2019 2022-11-30 Canterbury Earthquakes Insurance Tribunal Act 2019
18: Section 46 amended (Tribunal’s decision: substance)
Replace section 46(2)
2: For the purposes of the Limitation Act 2010
a: the making of an application under section 12
b: the transfer of proceedings to the tribunal under section 16
7: Amendment to Care of Children Act 2004
19: Principal Act
This Part amends the Care of Children Act 2004 2022-11-30 Care of Children Act 2004
20: Section 47B amended (Mandatory statement and evidence in applications)
In section 47B(3)(f)(ii) domestic violence family violence (as defined in section 9 of the Family Violence Act 2018
8: Amendment to Courts Security Act 1999
21: Principal Act
This Part amends the Courts Security Act 1999 2022-11-30 Courts Security Act 1999
22: Section 30 amended (Offence to obstruct court security officer)
In section 30(2) by a court presided over by a District Court Judge or 2 or more justices
9: Amendment to COVID-19 Recovery (Fast-track Consenting) Act 2020
23: Principal Act
This Part amends the COVID-19 Recovery (Fast-track Consenting) Act 2020 2022-11-30 COVID-19 Recovery (Fast-track Consenting) Act 2020
24: Schedule 6 amended
In Schedule 6, clause 25(2) requesting requested to provide
10: Amendment to Crown Entities Act 2004
25: Principal Act
This Part amends the Crown Entities Act 2004 2022-11-30 Crown Entities Act 2004
26: Section 9 amended (Power to amend Schedules 1 and 2)
After section 9(1)(f)
g: remove the exemption for an entity or company from all or any of sections 161, 162, 163, and 164
h: exempt an entity or company from all or any of sections 161, 162, 163, 164, and 165
11: Amendment to Crown Forest Assets Act 1989
27: Principal Act
This Part amends the Crown Forest Assets Act 1989 2022-11-30 Crown Forest Assets Act 1989
28: Section 36 amended (Return of Crown forest land to Maori ownership and payment of compensation)
Replace section 36(3)
3: Any expenses incurred in returning land to Māori ownership, or in paying compensation required to be paid, under this section may be incurred without further appropriation than this section.
12: Amendment to Customs and Excise Act 2018
29: Principal Act
This Part amends the Customs and Excise Act 2018 2022-11-30 Customs and Excise Act 2018
30: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.
13: Amendment to Dog Control Act 1996
31: Principal Act
This Part amends the Dog Control Act 1996 2022-11-30 Dog Control Act 1996
32: Section 30A amended (Prohibition on import of dogs listed in Schedule 4)
In section 30A(5) Subsection (1) does Subsections (1) and (2)(b) do
14: Amendments to Equal Pay Act 1972 and Equal Pay Amendment Act 2020
33: Principal Act
Section 34 Equal Pay Act 1972 2022-11-30 Equal Pay Act 1972
34: Section 19 amended (Regulations)
After section 19(1)
1A: Regulations may not be made under this section that require the comparators against which a pay equity claim is to be assessed to be ranked or weighted.
35: Principal Act
Section 36 Equal Pay Amendment Act 2020 2022-11-30 Equal Pay Amendment Act 2020
36: Section 24 amended (Section 19 amended (Regulations))
Repeal section 24(2)
15: Amendment to Evidence Act 2006
37: Principal Act
This Part amends the Evidence Act 2006 2022-11-30 Evidence Act 2006
38: Section 202 and cross-heading repealed
Repeal section 202
16: Amendments to Family Violence Act 2018
39: Principal Act
This Part amends the Family Violence Act 2018 2022-11-30 Family Violence Act 2018
40: Section 49 amended (Police safety order: contravention: standard of proof)
In section 49(1) (in accordance with, but without limiting, section 171)
41: Section 105 amended (Interim orders in respect of child of applicant’s family)
After section 105(6)(b)
c: a lawyer may be appointed under section 7
42: Section 106 amended (Proceedings about interim order in respect of child of applicant’s family: legal aid)
In section 106(1)(c) 105(4) 105(6)
17: Amendments to Fire and Emergency New Zealand Act 2017
43: Principal Act
This Part amends the Fire and Emergency New Zealand Act 2017 2022-11-30 Fire and Emergency New Zealand Act 2017
44: Section 23 replaced (Authorised person for purposes of this Act and regulations under this Act)
Replace section 23
23: Authorised person or class of persons for purposes of this Act and regulations under this Act
1: The board may, by written notice, authorise a person or class of persons to perform or exercise a function, duty, or power under this Act and regulations made under this Act.
2: The board may only authorise a person or class of persons if it is satisfied that the person or class of persons is suitably qualified or trained to perform or exercise the function, duty, or power.
3: Any authorisation made by the board is subject to any conditions or limitations specified in the notice.
4: However, the performance or exercise of a function, duty, or power by an authorised person is not invalid merely because it does not comply with the conditions specified in the notice.
5: The board may revoke an authorisation at any time by written notice.
45: Section 25 amended (Appointment to roles and ranks)
Replace section 25(2)
2: Appointees must be FENZ personnel.
46: Section 42 amended (Powers of authorised person in relation to land, building, or structure)
In section 42(2)(c) into, through, or upon into, through, upon, or over
47: Section 71 amended (Powers of industry brigades)
Replace section 71(a)
a: the principal officer of the industry brigade may perform all the functions and duties and exercise all the powers of an authorised person under sections 38 to 45
i: no authorised person is present at the emergency; or
ii: the principal officer is in charge in accordance with an agreement under section 70
48: Section 75 amended (Relevant building defined for purposes of sections 76 to 79)
Replace section 75(1)
1: In sections 76 to 79 relevant building
a: a building or part of a building used for 1 or more of the following purposes:
i: the gathering together, for any purpose, of 100 or more persons:
ii: providing employment facilities for 10 or more persons:
iii: providing accommodation for 6 or more persons (other than in 3 or fewer household units):
iv: providing an early childhood education and care centre (other than in a household unit):
v: providing nursing, medical, or geriatric care (other than in a household unit):
vi: providing specialised care for persons with disabilities (other than in a household unit):
vii: providing accommodation for persons under lawful detention (not being persons serving a sentence of home detention or community detention, or serving a sentence of imprisonment on home detention, or on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002
viii: any other prescribed purpose; or
b: a building or part of a building (other than a household unit) where hazardous substances are present in quantities exceeding the prescribed minimum amounts, whatever the purpose for which the building is used.
49: Section 76 amended (Owner must provide and maintain evacuation scheme for relevant building)
Replace section 76(3)(a)
a: the building is used only for either or both of the purposes specified in section 75(1)(a)(ii) and (iii)
50: Section 149 amended (Functions, duties, and powers of Chief of Defence Force in relation to defence area)
In section 149(1)(b) sections 41 to 45 sections 38 to 45
51: Section 150 amended (Command of defence fire brigade and any other personnel)
In section 150(2) sections 41 to 45 sections 38 to 45 Consequential amendments to Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018
52: Principal regulations
Sections 53 to 56 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 2022-11-30 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018
53: Regulation 23 amended (Minimum amounts of hazardous substances)
In regulation 23 75(1)(d) 75(1)(b)
54: Regulation 35 amended (Building owner must notify FENZ if certain events occur)
In regulation 35(1)(h) for a purpose described in section 75(1)(a) to (i) of the Act in a manner described in section 75(1)
55: Schedule 3 amended
In the Schedule 3 75(1)(d) 75(1)(b)
56: Schedule 4 amended
In Schedule 4
d: the manner in which the building is used according to the options set out in section 75(1)
18: Amendment to Food Act 2014
57: Principal Act
This Part amends the Food Act 2014 2022-11-30 Food Act 2014
58: New section 443A and cross-heading inserted
After section 443 Consolidation of secondary legislation or published instruments
443A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the chief executive (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the chief executive (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
19: Amendments to Government Roading Powers Act 1989
59: Principal Act
This Part amends the Government Roading Powers Act 1989 2022-11-30 Government Roading Powers Act 1989
60: Section 43 amended (Interpretation)
1: In section 43(1) Chief Surveyor
2: In section 43(1) road Chief Surveyor of the land district in which such road is situated Surveyor-General
3: In section 43(1) Surveyor-General section 5 of the Cadastral Survey Act 2002
20: Amendments to Infrastructure Funding and Financing Act 2020
61: Principal Act
This Part amends the Infrastructure Funding and Financing Act 2020 2022-11-30 Infrastructure Funding and Financing Act 2020
62: Section 3 amended (Purpose)
1: In section 3 housing and
2: In section 3
2: In this section, urban development
a: development of housing, including public housing and community housing, affordable housing, homes for first-home buyers, and market housing:
b: development and renewal of urban environments, whether or not this includes housing development:
c: development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works.
21: Amendments to Land Transport Act 1998
63: Principal Act
This Part amends the Land Transport Act 1998 2022-11-30 Land Transport Act 1998
64: Section 22AB amended (Road controlling authorities may make certain bylaws)
In section 22AB(1)(o)(ii) medical practitioners health practitioners
65: Section 74 amended (Procedure for dealing with blood specimens)
1: In section 74(3) by registered post
2: In section 74(4)(a) by registered post
3: In section 74(5)(b)(ii) registered
66: Section 75 amended (Certificates in blood-alcohol proceedings)
1: In section 75(4)(b) registered
2: In section 75(5)(a) registered
3: In section 75(6) registered
22: Amendments to Legislation Act 2019
67: Principal Act
This Part amends the Legislation Act 2019 2022-11-30 Legislation Act 2019
68: Section 13 amended (Definitions of terms for all legislation)
1: In section 13 North Island Te Ika-a-Māui north of Cook Strait
2: In section 13 South Island Te Waipounamu south of Cook Strait
23: Amendment to Local Government Official Information and Meetings Act 1987
69: Principal Act
This Part amends the Local Government Official Information and Meetings Act 1987 2022-11-30 Local Government Official Information and Meetings Act 1987
70: Section 27 amended (Functions of Ombudsmen)
In section 27(6) section 17(1)(e) to (g) section 17(e) to (g)
24: Amendments to Maritime Transport Act 1994
71: Principal Act
This Part amends the Maritime Transport Act 1994 2022-11-30 Maritime Transport Act 1994
72: Section 40A amended (Interpretation)
1: In section 40A doctor’s surgery
2: In section 40A medical centre
73: Section 40H amended (Who must undergo breath screening test)
In section 40H(2) doctor’s surgery medical centre
74: Section 40I amended (Who must undergo evidential breath test)
In section 40I(7) doctor’s surgery medical centre
75: Section 40M amended (Who must give blood specimen in hospital or surgery)
1: In the heading to section 40M surgery medical centre
2: In section 40M(1), (2), (3), and (5)(a)(ii) doctor’s surgery medical centre
76: Section 40O amended (Certificates in proceedings)
In section 40O(3)(a) and (c)(ii) doctor’s surgery medical centre
77: Section 40Z amended (Director testing)
In section 40Z(6)(a) (5)(b) (5)(a)
78: Section 200A amended (Minister may notify maritime event where special enforcement powers exercisable)
In section 200A(1)(a) the Local Government Act 1974 Part 3A
25: Amendment to National Animal Identification and Tracing Act 2012
79: Principal Act
This Part amends the National Animal Identification and Tracing Act 2012 2022-11-30 National Animal Identification and Tracing Act 2012
80: New section 70A and cross-heading inserted
After section 70 Consolidation of secondary legislation or published instruments
70A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the NAIT organisation (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister, the Director-General, or the NAIT organisation (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
26: Amendments to Ngāti Manuhiri Claims Settlement Act 2012
81: Principal Act
This Part amends the Ngāti Manuhiri Claims Settlement Act 2012 2022-11-30 Ngāti Manuhiri Claims Settlement Act 2012
82: Section 108 amended (Right of access to protected site)
After section 108(3)
4: The right of access described in this section does not apply to the land described in Schedule 5
83: Section 110 amended (Notation on computer freehold register)
1: In the heading to section 110 computer freehold register record of title
2: In section 110(1) and (2)(b) computer freehold register record of title
3: After section 110(2)
2A: The Registrar-General must remove the notation directed by subsection (1) from—
a: each record of title listed in Part 1 of Schedule 5
b: the supplementary record sheet listed in Part 2 of Schedule 5
2B: The Registrar-General must amend the notation directed by subsection (1) on the records of title listed in Part 3 of Schedule 5
84: New Schedule 5 inserted
After Schedule 4 Schedule 4
27: Amendment to Oaths and Declarations Act 1957
85: Principal Act
This Part amends the Oaths and Declarations Act 1957 2022-11-30 Oaths and Declarations Act 1957
86: Section 9 amended (Declarations made in New Zealand)
After section 9(1)(e)
ea: a Registrar (including the Chief Registrar) or Deputy Registrar of the Māori Land Court; or
28: Amendment to Port Companies Act 1988
87: Principal Act
This Part amends the Port Companies Act 1988 2022-11-30 Port Companies Act 1988
88: Section 20 amended (Application of Act to related and associated companies)
In section 20(1) (except subsections (1), (3), (6), and (7))
29: Amendment to Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
89: Principal Act
This Part amends the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 2022-11-30 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
90: Section 7 amended (Interpretation)
In section 7 deferred selection property subpart H or subpart I
30: Amendment to Prisoners’ and Victims’ Claims Act 2005
91: Principal Act
This Part amends the Prisoners’ and Victims’ Claims Act 2005 2022-11-30 Prisoners’ and Victims’ Claims Act 2005
92: Section 28 amended (Filing of claims)
Replace section 28(2)(a)
a: in a form approved for the purpose by the chief executive of the Ministry of Justice after consulting the Chief District Court Judge; and
31: Amendments to Privacy Act 2020
93: Principal Act
This Part amends the Privacy Act 2020 2022-11-30 Privacy Act 2020
94: Section 11 amended (Personal information treated as being held by another agency in certain circumstances)
Replace section 11(1)
1: This section applies if an agency ( A B
95: Section 107 amended (Interim order suspending Commissioner’s direction pending appeal)
1: In section 107(2) is made under subsection (1)
2: After section 107(3)
4: An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 section 96
96: Section 111 amended (Certain provisions of Human Rights Act 1993 to apply)
In section 111(2)(b)(ii) 95, 96,
97: Section 120 amended (Liability for actions of employees, agents, and members of agencies)
1: In the heading to section 120 actions of officers,
2: In section 120(2) An employee An officer, an employee,
3: In section 120(3) employee officer, an employee,
98: Section 121 amended (Knowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies)
1: In the heading to section 121 employees officers,
2: In section 121(2) employee officer, an employee,
99: Section 132 amended (Interim order suspending compliance notice pending appeal)
1: In section 132(2) is made under subsection (1)
2: After section 132(3)
4: An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 section 96
100: Section 134 amended (Application of Human Rights Act 1993)
In section 134 95, 96,
101: Section 208 amended (Consultation)
After section 208(1)(c)
d: the Independent Police Conduct Authority.
32: Amendments to Public Finance Act 1989
102: Principal Act
This Part amends the Public Finance Act 1989 2022-11-30 Public Finance Act 1989
103: Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
1: In section 45M(1)(e) 139A, 139 139A, 139B
2: After section 45M(1)(e)
ea: if section 149C of the Crown Entities Act 2004 sections 149E to 149M
33: Amendments to Railways Act 2005
104: Principal Act
This Part amends the Railways Act 2005 2022-11-30 Railways Act 2005
105: Section 94 amended (Notices)
1: In section 94(1)(b) and (d) registered
2: In section 94(2) or registered post
34: Amendment to Residential Tenancies Act 1986
106: Principal Act
This Part amends the Residential Tenancies Act 1986 2022-11-30 Residential Tenancies Act 1986
107: Section 74 amended (Records of Tribunal)
In section 74(2) section 95(3) section 95A
35: Amendments to Resource Management Act 1991
108: Principal Act
This Part amends the Resource Management Act 1991 2022-11-30 Resource Management Act 1991
109: Section 46A amended (Single process for preparing national directions)
In section 46A(2) sections 47 to 51 sections 46B to 51
110: Section 277A repealed (Powers of Environment Court in relation to evidence heard on appeal by way of rehearing)
Repeal section 277A
36: Amendments to Retirement Villages Act 2003
111: Principal Act
This Part amends the Retirement Villages Act 2003 2022-11-30 Retirement Villages Act 2003
112: Section 30 amended (Information to be provided)
1: Replace the heading to section 30 Operator must ensure information is provided
2: In section 30(1) the intending resident must receive the operator must ensure that the intending resident has received
37: Amendments to Returning Offenders (Management and Information) Act 2015
113: Principal Act
This Part amends the Returning Offenders (Management and Information) Act 2015 2022-11-30 Returning Offenders (Management and Information) Act 2015
114: Section 4 amended (Interpretation)
In section 4(1) overturned see sections 23A and 34A
a: without an order for retrial; or
b: with a retrial being ordered but—
i: not being proceeded with; or
ii: not resulting in a conviction; or
iii: being ended by a stay of proceedings pardoned see sections 23A and 34A
a: has been granted a free pardon for the offence; or
b: is, because of the exercise of other applicable legal powers of clemency or mercy, otherwise taken never to have committed the offence
115: New section 23A inserted (Commissioner must revoke determination if conviction overturned, or person pardoned, for overseas jurisdiction offence)
After section 23
23A: Commissioner must revoke determination if conviction overturned, or person pardoned, for overseas jurisdiction offence
1: The Commissioner must revoke a determination that a person is a returning prisoner if, after considering information provided by or on behalf of the person, the Commissioner is satisfied—
a: that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and
b: that the determination was made in respect of the conviction; and
c: that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence.
2: This section does not limit any other duty or power of the Commissioner or of a court to amend or revoke the determination.
3: After the revocation, the person—
a: is no longer a returning prisoner because of the determination; and
b: is no longer subject to, and required to comply with, standard release conditions because of service on the person of a determination notice related to the determination; and
c: is no longer required to comply with any special conditions, or interim special conditions, imposed on the person by the District Court because of the determination.
4: Subsection (3) overrides sections 24 to 30
116: New section 34A inserted (Application to court to revoke conditions imposed if conviction overturned, or person pardoned, for overseas jurisdiction offence)
After section 34
34A: Application to court to revoke conditions imposed if conviction overturned, or person pardoned, for overseas jurisdiction offence
1: The chief executive must make an application to a court to revoke conditions imposed under this subpart on a person if, after considering information provided by or on behalf of the person, the chief executive is satisfied—
a: that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and
b: that the conditions were imposed under this subpart by a court in respect of the conviction; and
c: that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence.
2: A court must revoke the conditions if, on an application made under this section by the chief executive, the court is satisfied of the matters specified in subsection (1)(a), (b), and (c).
3: This section does not limit any other power of a court to amend or revoke the conditions.
4: After the revocation, the person is no longer required to comply with any conditions imposed on the person by a court under section 33(1)
5: Subsection (4) overrides sections 26 to 34
38: Amendment to Sale and Supply of Alcohol Act 2012
117: Principal Act
This Part amends the Sale and Supply of Alcohol Act 2012 2022-11-30 Sale and Supply of Alcohol Act 2012
118: Section 178 amended (Annual report)
In section 178(1) 3 months 6 months
39: Amendments to Senior Courts Act 2016
119: Principal Act
This Part amends the Senior Courts Act 2016 2022-11-30 Senior Courts Act 2016
120: Section 20 amended (Associate Judge may exercise certain powers of High Court)
After section 20(2)(i)
j: section 89 of the Limited Partnerships Act 2008
121: New section 44A inserted (Execution of instruments by order of High Court)
After section 44
44A: Execution of instruments by order of High Court
1: This section applies if a person fails to comply, before a date specified by the court or, if no date is specified, within a reasonable time, with a judgment or order of the High Court directing the person to—
a: execute a conveyance, contract, or other document; or
b: endorse a negotiable instrument.
2: The High Court may, on application and on the terms it thinks just, make an order directing another person, who it nominates for the purpose, to—
a: execute the conveyance, contract, or other document; or
b: endorse the negotiable instrument.
3: The nominee must execute the conveyance, contract, or other document, or endorse the negotiable instrument, before the date specified by the court, or, if no date is specified, within a reasonable time.
4: A conveyance, contract, document, or instrument executed or endorsed by the nominee operates and is effective as if the person referred to in subsection (1) had made the execution or endorsement.
5: The exercise of the High Court’s power in subsection (2) does not—
a: affect a proceeding already commenced in a court; or
b: invalidate anything that was previously lawful; or
c: validate anything previously declared invalid in any proceeding. 1910 No 27 s 3
122: Section 114 amended (Appointment of acting Associate Judges)
Replace section 114(2)(a) to (c)
a: is a District Court Judge; or
b: is under the age of 75 years and has retired or resigned from office as—
i: an Associate Judge; or
ii: a District Court Judge.
123: Section 138 amended (Superannuation of acting Judges)
1: In section 138(1) 114(2)(c) 114(2)(b)
2: In section 138(2) 114(2)(b) 114(2)(a)
40: Amendment to Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
124: Principal Act
This Part amends the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 2022-11-30 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
125: Schedule 3 amended
In Schedule 3, after clause 1(2)
3: If the term of appointment of a person appointed to Te Pou Tupua expires, unless the person resigns or is removed from office, that person continues to hold office by virtue of the appointment for the term that has expired, until—
a: that person is reappointed; or
b: a successor to that person is appointed.
41: Amendments to Wine Act 2003
126: Principal Act
This Part amends the Wine Act 2003 2022-11-30 Wine Act 2003
127: New section 120B inserted (Certain secondary legislation or published instruments may be consolidated)
After section 120A
120B: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
128: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.