Taxation Principles Reporting Act 2023

1: Title
This Act is the Taxation Principles Reporting Act 2023.
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
The purpose of this Act is to oblige the Commissioner to report on New Zealand’s current taxation settings.
4: Interpretation
In this Act, unless the context otherwise requires,— approved taxation principles measurements section 12 section 13 Commissioner Commissioner’s report Minister revenue Act schedule 1 tax year Income Tax Act 2007 taxation principles schedule 1
5: Act binds the Crown
This Act binds the Crown.
6: No effect on revenue
1: Despite this Act being a revenue Act, the Commissioner’s duty, under section 6A(2)
2: This Act does not affect quantification of a taxpayer’s liability under a revenue Act or in legal proceedings ( see section 7
7: Justiciability
1: Commissioner’s reports and this Act (including the taxation principles) may not be used as evidence as to any matter of law or fact in legal proceedings other than in judicial review proceedings as to the Commissioner’s duties in preparing a Commissioner’s report.
2: Commissioner’s reports and this Act (including the taxation principles) may not be used in the interpretation of any matter of law or fact in legal proceedings other than in judicial review proceedings as to the Commissioner’s duties in preparing a Commissioner’s report.
8: Information and privacy
In performing the Commissioner’s obligations under this Act,—
a: the Commissioner may use any information the Commissioner holds if the information was gathered and is held, lawfully, for any purpose, including if the information was gathered lawfully and specifically to help the Commissioner perform the Commissioner’s obligations under this Act; and
b: the Commissioner must ensure that all information in a Commissioner’s report is anonymised and aggregated.
9: Consequential amendments
Schedule 2 2023-08-31 Tax Administration Act 1994
2: Taxation principles reporting
10: Duty to report: annual interim and triennial full
1: The Commissioner must give the Minister an interim Commissioner’s report annually, before the end of a calendar year, for the tax year that ends in the calendar year, using the best information that the Commissioner has on hand at that time.
2: Once every 3 calendar years, starting with the 2025 calendar year, the Commissioner must give the Minister a full Commissioner’s report, before the end of the calendar year, for the 3 previous tax years that end in the calendar year, using the best information that the Commissioner has on hand at that time.
3: The Commissioner must not prepare an interim Commissioner’s report in a calendar year in which the Commissioner prepares a full Commissioner’s report.
4: A Commissioner’s report must take into account the impact of the tax system on different communities of taxpayers within New Zealand.
11: Presentation and publication
1: The Commissioner must publish a copy of the interim Commissioner’s report at the Commissioner’s expense as soon as it is reasonably practicable after the Commissioner gives the Minister the report.
2: The Minister must present a copy of the full Commissioner’s report to the House of Representatives as soon as it is reasonably practicable after the Commissioner gives the Minister the report. The Commissioner must publish a copy of the full Commissioner’s report at the Commissioner’s expense as soon as it is reasonably practicable after the Minister presents a copy of it to the House of Representatives.
12: Approved taxation principles measurements
The approved taxation principles measurements for the purpose of this Act are as follows:
a: income distribution and income tax paid:
b: distribution of exemptions from tax and of lower rates of taxation:
c: perceptions of integrity of the tax system:
d: compliance with the law by taxpayers.
13: Approved taxation principles measurements: approval procedure for inclusion and exclusion
1: The Commissioner may include measurements beyond the minimum set described in section 12
a: the Commissioner decides the new measurements are appropriate for inclusion as approved taxation principles measurements; and
b: the new measurements are within the direct responsibility of the Commissioner in relation to the tax system; and
c: the Commissioner publishes, in a publication of the Commissioner’s choosing, a description of the new measurements 2 months or more before the Commissioner uses them in a Commissioner’s report.
2: The Commissioner may exclude measurements that the Commissioner has included under subsection (1) but subsequently decides are inappropriate for the purpose of this Act, if the Commissioner’s decision to exclude the inappropriate measurements is published in a publication of the Commissioner’s choosing 2 months or more before the Commissioner does not use them in a Commissioner’s report.


1: Title
This Act is the Local Government Electoral Legislation Act 2023.
2: Commencement
1: Except as provided in subsections (2) and (3), this Act comes into force on the day after the date on which it receives the Royal assent.
2: Section 49(6)
3: Section 2(3) repealed 31 July 2024 section 19 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
1: Amendments to Local Electoral Act 2001
3: Principal Act
This Part amends the Local Electoral Act 2001 2025-10-12 Local Electoral Act 2001 Sections 4(2), 5 to 10, 12(2) and (5), 13(2), 19(1) and (2), 20 to 23, 36(1) and (2), and 37(1), (3), (5), (6), and (8) (see s 2(3)(a)) 2023-08-31 Local Electoral Act 2001 Part 1, except as provided in s 2(3)(a)
4: Section 5 amended (Interpretation)
1: In section 5(1) assessment date estimated general electoral population estimated Māori electoral population
a: by ascertaining a proportion determined by dividing—
i: the total number of persons, on the assessment date,—
A: registered as electors of Māori electoral districts; or
B: named on the dormant rolls for Māori electoral districts; by
ii: the total number of Māori persons, on the assessment date,—
A: registered as electors of Māori electoral districts or General electoral districts; or
B: named on the dormant rolls for Māori electoral districts or General electoral districts; and
b: by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on the assessment date unitary authority section 5(1) of the Local Government Act 2002
2: Section 4(2) repealed 31 July 2024 section 20 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
5: Section 9 amended (Holding of referendum)
Section 5 repealed 31 July 2024 section 21 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
6: Section 19C amended (Basis of election of members of territorial authority)
Section 6 repealed 31 July 2024 section 21 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
7: Section 19E amended (Basis of election of members of regional council)
Section 7 repealed 31 July 2024 section 21 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
8: New sections 19GA and 19GB inserted
Section 8 repealed 31 July 2024 section 21 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
9: Section 19H amended (Review of representation arrangements for elections of territorial authorities)
Section 9 repealed 31 July 2024 section 21 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
10: Section 19I amended (Review of representation arrangements for elections of regional councils)
Section 10 repealed 31 July 2024 section 21 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
11: New section 19JAA inserted (Review of local board area boundaries by unitary authority)
After section 19J
19JAA: Review of local board area boundaries by unitary authority
1: A unitary authority may, when it passes a resolution under section 19H
2: In determining new proposed boundaries of local board areas, the unitary authority must ensure that—
a: the population affected by the new proposed boundaries will not exceed the population transfer limit prescribed by regulations made under this Act; and
b: the boundaries of the local board areas will—
i: enable democratic local decision making by, and on behalf of, communities of interest throughout the district; and
ii: enable equitable provision to be made for the current and future well-being of all communities of interest within the affected area; and
c: the boundaries of local board areas coincide with boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
d: so far as is practicable, local board area boundaries coincide with ward boundaries.
3: Regulations may—
a: prescribe a population transfer limit by specifying a limit on the proportion of the population of an existing local board area that would, if the new proposed boundaries were to take effect,—
i: cease to be included in the population of that local board area; or
ii: be added to the population of that local board area:
b: apply different population transfer limits in different circumstances:
c: set out 1 or more methods by which the applicable population transfer limit is calculated.
4: This section does not prevent a unitary authority from applying to the Local Government Commission for an alteration of the boundaries of local board areas as part of a local government reorganisation under the Local Government Act 2002
12: Section 19K amended (Requirements for resolution)
1: Replace section 19K(1AA)
1AA: A resolution under section 19H, 19I, 19J, or 19JAA
2:
3: In section 19K(2) If any resolution under section 19H or section 19I or section 19J proposes any change to the basis of election, membership, or ward, constituency, community, or subdivision boundaries If any resolution under section 19H, 19I, 19J, or 19JAA
4: Replace section 19K(3)
3: Subsection (1) applies to every resolution under any of the following provisions:
a: section 19H(1)(a)(ii) or (iii) or (g)
b: section 19I(1)
c: section 19J(2)(a) to (e) or (h)(iii)
d: section 19JAA(1)
5: Section 12(2) repealed 31 July 2024 section 22 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 12(5) repealed 31 July 2024 section 22 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
13: Section 19L amended (Distribution of copies of resolution)
1: In section 19L section 19H or section 19I or section 19J section 19H, 19I, 19J, or 19JAA
2: Section 13(2) repealed 31 July 2024 section 23 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
14: Section 19M amended (Public notice of proposals and responsibilities in relation to submissions)
In section 19M(1)
a: replace section 19H or section 19I or section 19J section 19H, 19I, 19J, or 19JAA
b: replace 8 September 8 August
15: Section 19N amended (Response to submissions)
1: In section 19N(1) 6 weeks 8 weeks
2: In section 19N(1)(a) section 19H or section 19I or section 19J section 19H, 19I, 19J, or 19JAA
16: Section 19O amended (Appeals)
1: In section 19O(1) section 19H or section 19I or section 19J section 19H, 19I, 19J, or 19JAA
2: In section 19O(2)(b) 20 December 3 December
17: Section 19P amended (Objections)
In section 19P(1) section 19H or section 19I or section 19J section 19H, 19I, 19J, or 19JAA
18: Section 19Q amended (Obligation to forward appeals and objections to Commission)
1: In section 19Q in the year of a triennial general election, in no case later than 15 January in a year immediately before the year of a triennial general election, in no case later than 20 December
2: In section 19Q(a) and (c) section 19H or section 19I or section 19J section 19H, 19I, 19J, or 19JAA
19: Section 19R amended (Commission to determine appeals and objections)
1:
2:
3: After section 19R(1)(b)(iii)
iv: in the case of a unitary authority that has made a resolution under section 19JAA Section 19(1) repealed 31 July 2024 section 24 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 19(2) repealed 31 July 2024 section 24 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
20: Section 19T amended (Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities and local boards)
Section 20 repealed 31 July 2024 section 25 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
21: Section 19U amended (Requirement for effective representation and other factors in determination of membership and basis of election of regional council)
Section 21 repealed 31 July 2024 section 25 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
22: Section 19Z and cross-heading repealed
Section 22 repealed 31 July 2024 section 25 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
23: Section 19ZH repealed (Basis of election of territorial authority and regional council)
Section 23 repealed 31 July 2024 section 25 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
24: Section 28 amended (Public notice of right to demand poll on electoral system)
In section 28(2A) 21 May 14 March
25: Section 30 amended (Requirements for valid demand)
1: In section 30(3A) 21 February in the year before the next triennial general election 11 December in the year that is 2 years before the next triennial general election
2: In section 30(3A)(a) 21 May in that year 14 March in the year before that election
3: In section 30(4) as soon as is practicable within 2 working days after receiving it
26: Section 31 amended (Local authority may resolve to hold poll)
1: In section 31(1) 21 February in the year immediately before the year in which the next triennial general election is to be held 11 December in the year that is 2 years before the year in which the next triennial general election is to be held
2: In section 31(3)(a) as soon as is practicable within 2 working days after the resolution is made
27: Section 33 amended (Poll of electors)
In section 33(4) 21 May 14 March
28: Section 34 amended (Effect of poll)
In section 34(1) 21 May 14 March
29: Section 55 amended (Nomination of candidates)
In section 55(3) , if the person nominated is outside New Zealand
30: Part 4 heading replaced
Replace the Part 4
4: Recounts and inquiries
31: Section 90 amended (Application for recount)
1: In the heading to section 90 Application by candidate
2: In section 90(1) 3 days 3 working days
32: New section 90A inserted (Application by electoral officer for recount)
After section 90
90A: Application by electoral officer for recount
1: An electoral officer must apply to a District Court Judge for a recount if—
a: an equal number of votes is received by 2 or more candidates in an election; and
b: the addition of 1 vote would entitle one of those candidates to be declared elected.
2: The application must be made as soon as practicable after all valid votes have been counted and before the official results are declared.
3: The District Court Judge must, as soon as practicable after receiving the application,—
a: cause a recount of the votes to be made; and
b: give notice in writing to the electoral officer, each of the candidates, and each scrutineer appointed under section 66 or 91
33: Section 92 amended (Conduct of recount)
Repeal section 92(4)
34: New sections 92A and 92B inserted
After section 92
92A: Costs of recount
1: If the recount is conducted on application by a candidate under section 90
a: may make any order as to the costs of, and incidental to, the recount that the Judge considers just; and
b: subject to any order, must direct that the deposit required by section 90
2: If the recount is conducted on application by an electoral officer under section 90A
92B: Affected candidate may withdraw if votes tied after recount
1: This section applies if—
a: a recount determines that an equal number of votes has been received by 2 or more candidates (the affected candidates
b: the addition of 1 vote would entitle any of those affected candidates to be declared elected.
2: An affected candidate may withdraw as a candidate for election by giving notice in writing (a notice of withdrawal
3: A notice of withdrawal may be submitted by hand, post, fax, or electronic transmission.
4: If the electoral officer receives a notice of withdrawal from an affected candidate in accordance with subsections (2) and (3), that candidate ceases to be available for election.
5: However, a notice of withdrawal is ineffective and the affected candidate who gave it (the relevant affected candidate
a: the electoral officer has received notices of withdrawal from all the affected candidates in accordance with subsections (2) and (3); and
b: the notice of withdrawal given by the relevant affected candidate was the notice received last by the electoral officer.
6: If only 1 candidate remains available for election at the close of the third working day after the recount, the electoral officer must give an amended declaration under section 86
35: Section 148 amended (Validation of irregularities)
In section 148 1976 No 144 s 122; 1997 No 13 s 63
36: Schedule 1 amended
1:
2:
3: In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments. Section 36(1) repealed 31 July 2024 section 26 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 36(2) repealed 31 July 2024 section 26 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
37: Schedule 1A amended
1:
2: In Schedule 1A, clauses 1(1) 3(1) 31 August 31 July
3:
4: In Schedule 1A, clauses 2(1) 4(1)
a: after Māori electoral population or estimated Māori electoral population
b: after general electoral population or estimated general electoral population
5:
6:
7: In Schedule 1A, clause 6(a)(i) and (ii) Māori electoral population or estimated Māori electoral population
8:
9: In Schedule 1A, clause 6(b)(ii) and tribal affiliations
10: In Schedule 1A, after clause 6(b)(ii)
iii: rohe of iwi and hapū.
11: In Schedule 1A, replace clause 7(1)
1: The Government Statistician must, at the request of a territorial authority or regional council or, if appropriate, the Commission, supply the territorial authority or regional council or the Commission with—
a: a certificate specifying—
i: the Māori electoral population of the district or region; and
ii: the general electoral population of the district or region; or
b: a certificate specifying—
i: the estimated Māori electoral population of the district or region; and
ii: the estimated general electoral population of the district or region.
12: In Schedule 1A, clause 7(2) the certificate the certificate described in subclause (1)(a) Section 37(1) repealed 31 July 2024 section 27 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 37(3) repealed 31 July 2024 section 27 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 37(5) repealed 31 July 2024 section 27 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 37(6) repealed 31 July 2024 section 27 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 Section 37(8) repealed 31 July 2024 section 27 Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024
38: Minor and consequential amendments related to this Part
Amend the legislation specified in Schedule 2 2023-08-31 Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001 Local Electoral Regulations 2001 2025-10-12 Canterbury Regional Council (Ngāi Tahu Representation) Act 2022 ED entry closed off. Amendment repealed by s 28 of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 on 31 July 2024. TJ
2: Amendments to Local Government Act 2002
39: Principal Act
This Part amends the Local Government Act 2002 2024-10-01 Local Government Act 2002 Section 49(6) only 2023-08-31 Local Government Act 2002 Part 2, except s 49(6)
40: Section 24 amended (Scope of local government reorganisation)
After section 24(2)
3: However, Schedule 3A Schedule 3
a: the local government reorganisation only provides for 1 or more of the following matters:
i: the establishment of a local board area, including the establishment of a local board for that area:
ii: in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009
A: the means by which the chairperson is elected; and
B: whether the local board may include appointed members:
iii: the abolition of a local board area:
iv: the alteration of the boundaries of a local board area:
v: the union of 2 or more local board areas; and
b: the areas affected, or potentially affected, by each matter are wholly within the district of 1 existing unitary authority.
4: Subsections (1) to (3), sections 24A to 26A Schedules 3 and 3A section 19JAA of the Local Electoral Act 2001
41: Section 25 amended (Order in Council to give effect to reorganisation plan)
1: In section 25(1) clause 22C(5) or 33 of Schedule 3 or clause 17(5) of Schedule 3A
2: In section 25(3)(b) must establish in the case of a reorganisation plan to which c lause 33 of Schedule 3
42: Section 26A amended (Duties of local authorities in relation to local government reorganisation)
In section 26A(5) clause 9 of Schedule 3 or clause 8 of Schedule 3A
43: Section 31A amended (Minister’s expectations of Commission in relation to local government reorganisation)
1: In section 31A(1) Schedule 3 or 3A
2: In section 31A(4)(b) Schedule 3 or 3A
44: Section 35A amended (Application of Official Information Act 1982)
1: In section 35A(1)(b) Part 1 of Schedule 3 or Part 1 of Schedule 3A
2: In section 35A(1)(c) clause 22C of Schedule 3 or clause 17 of Schedule 3A
45: Section 97 amended (Certain decisions to be taken only if provided for in long-term plan)
In section 97(3)(a) clause 22A of Schedule 3 or clause 15 of Schedule 3A
46: Section 225 amended (Offences relating to waterworks)
In section 225(2) and (3) or (e)
47: Schedule 3 amended
In Schedule 3, clause 22A(2) that clause and
48: New Schedule 3A inserted
After Schedule 3 Schedule 3
49: Schedule 7 amended
1: In Schedule 7, clause 19(5) 22 or 22A 21A, 22, or 22A
2: In Schedule 7, replace clause 21(1)
1: The first meeting of a local authority following a triennial general election must be called by the chief executive as soon as practicable after the date by which a candidate may apply for a recount has passed and—
a: the results of the election are known; or
b: if an application for a recount is filed by a candidate or the electoral officer, the recount has been completed and the candidates to be declared elected are known.
3: In Schedule 7, clause 21(5)(d) first meeting next meeting
4: In Schedule 7, after clause 21(5)
6: However, if an urgent meeting of the local authority has been held under clause 21A
7: In this clause, first meeting clause 21A
5: In Schedule 7, after clause 21
21A: Chief executive may call urgent meeting following triennial general election of members
1: This clause applies if—
a: an application for a recount has been made following a triennial general election of members of a local authority; and
b: an event occurs that, in the opinion of the chief executive, requires the local authority to deal with a matter urgently; and
c: the first meeting of the local authority has not yet been called under clause 21(1)
2: Despite clause 21(1)(b)
3: If the chief executive calls an urgent meeting under subclause (2), the chief executive must—
a: give notice of the urgent meeting as soon as practicable to every person who—
i: is not an affected candidate; and
ii: has been declared to be elected to the local authority; and
b: give notice to each of those persons, by whatever means is reasonable in the circumstances and at least 24 hours before the time appointed for the meeting, of—
i: the time and place of the urgent meeting; and
ii: the matter in respect of which the urgent meeting is being called.
4: For the purposes of section 46 of the Local Government Official Information and Meetings Act 1987
5: For the purposes of this clause and clause 21B affected candidate
a: the candidate may be affected by the recount; or
b: the recount has determined that an equal number of votes has been received by the candidate and 1 or more other candidates in the election and the electoral officer has not declared, or determined, which candidate is to be elected to the local authority.
21B: Conduct of urgent meeting
1: The business to be conducted at an urgent meeting called under clause 21A
a: must include the following matters:
i: in respect of the persons described in clause 21A(3)(a) clause 14
ii: the general explanation described in clause 21(5)(c)
iii: the matter in respect of which the urgent meeting is being called; and
b: may include the election of a member to preside at the urgent meeting; but
c: must not include any other matter.
2: However, 1 or both of the matters described in subclause (1)(a)(i) and (ii) may be omitted from the business to be conducted at an urgent meeting if the matter was dealt with at a previous urgent meeting.
3: An affected office is to be treated as a vacancy in the membership of the local authority for the meeting.
4: The chief executive (or, in the absence of the chief executive, a nominee of that officer) must chair the meeting unless and until—
a: the mayor (if any) has made and attested the declaration required under clause 14
b: the members that are present have—
i: made and attested the declaration required under clause 14
ii: elected 1 of their number to preside at the meeting.
5: An affected candidate must not participate in the meeting, but may attend the meeting if it is open to the public.
6: In this clause, affected office
6: In Schedule 7, replace clause 25A(4)
4: A member of the local authority or committee who attends a meeting by means of audio link or audiovisual link, in accordance with this clause, is to be counted as present for the purposes of clause 23
7: In Schedule 7, heading to clause 25B 1 April 2024 30 September 2024
8: In Schedule 7, clause 25B(7) the close of 1 October 2024 1 October 2024
50: Schedule 10 amended
In Schedule 10, clause 33(2) this section this clause
3: Amendment to Local Government (Auckland Council) Act 2009
51: Principal Act
This Part amends the Local Government (Auckland Council) Act 2009 2023-08-31 Local Government (Auckland Council) Act 2009
52: Section 8 amended (Governing body of Auckland Council)
Replace section 8(1)
1: The governing body of the Auckland Council must comprise—
a: a mayor elected in accordance with the Local Electoral Act 2001
b: no fewer than 5 other members and no more than 29 other members elected in accordance with the Local Electoral Act 2001


1: Title
This Act is the Land Transport Management (Regulation of Public Transport) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Principal Act
This Act amends the Land Transport Management Act 2003 2023-08-31 Land Transport Management Act 2003
1: Substantive amendments
4: Section 5 amended (Interpretation)
1: In section 5(1) excluded passenger service
2: In section 5(1) exempt service exempt service section 114A
3: In section 5(1) public transport service
4: In section 5(1) subsidy
a: means any funding from—
i: the national land transport fund; or
ii: a local authority; but
b: does not include—
i: anything done under an agreement between the relevant regional council and an operator to reduce passenger fares; or
ii: financial assistance provided by the relevant regional council for a passenger service identified in the council’s regional public transport plan under section 120(1)(a)(vii)
5: In section 5(1) unit unit section 114B
5: Section 24 amended (Land transport disbursement accounts)
Replace section 24(4)(b)
b: in accordance with a procurement procedure, unless the payment is—
i: of a type specified in section 26 (and so is not required to be made in accordance with a procurement procedure); or
ii: for a public transport service operated by a regional council.
6: Section 25 amended (Procurement procedures)
After section 25(6)
7: Subsections (2), (4), and (5) do not apply to any procurement procedure (or its approval) that relates to procurement of a public transport service.
7: Section 27 replaced (Manner in which certain local authority interests in public transport service must be held)
Replace section 27
27: Local authority may hold interest in public transport services and infrastructure
1: A local authority may hold an interest in, or acquire the ownership of, either or both of the following:
a: a public transport service:
b: public transport infrastructure and associated assets.
2: To avoid doubt, subsection (1)(a)
8: New sections 114A and 114B inserted
After section 114
114A: Meaning of exempt service
In this Part, an exempt service
a: it operates in a region that is required to have a regional public transport plan, but—
i: when it started operating, it was not identified in that plan as integral to the public transport network in that region; and
ii: it operates without a subsidy for its provision:
b: it operates in a region that is not required to have a regional public transport plan:
c: it operates inter-regionally between 2 or more regions, at least 1 of which is required to have a regional public transport plan, but—
i: when it started operating, it was not identified in any plans as integral to the public transport network in any of those regions; and
ii: it operates without a subsidy for its provision:
d: it operates inter-regionally between 2 or more regions that are not required to have regional public transport plans:
e: it is specified as an exempt service by regulations made under section 150
114B: Meaning of unit
1: In this Part, a unit
a: that is specified in a regional public transport plan; and
b: for which the regional council for the region has specified (in any way) how public transport services must be operated.
2: For example, a regional council may specify the geographic boundaries of a unit by reference to—
a: cadastral, electoral, regional, territorial, or other central or local government administrative boundaries; or
b: suburbs, roads, motorways, or railways; or
c: landmarks; or
d: destinations (for example, a hospital, public library, shopping centre, or transport depot).
3: For example, a regional council may specify how public transport services in a unit are to be operated by reference to 1 or more of the following:
a: operation along the whole or a part of the length of 1 or more specified routes within the unit:
b: operation according to a schedule that applies to the whole or a part of 1 or more specified routes within the unit:
c: operation from or to a particular destination within the unit:
d: operation within the unit without predetermined routes or schedules.
9: Section 115 amended (Principles)
Replace section 115(1)
1: All persons exercising powers or performing functions under this Part must be guided by each of the following principles to the extent relevant to the particular power or function:
a: well-used public transport services reduce the environmental and health impacts of land transport, including by reducing reliance on single-occupant vehicles and using zero-emission technology:
b: public transport services support a mode shift from private motor vehicle use and equitable access to places, facilities, services, and social and economic opportunities if they are co-ordinated, integrated, reliable, frequent, accessible, affordable, and safe:
c: fair and equitable employment or engagement of people in the public transport workforce should ensure that there is a sufficiently robust labour market to sustain and expand public transport services:
d: regional councils, territorial authorities, and public transport operators should work together to co-ordinate public transport services, the provision of infrastructure, and land use as necessary—
i: to meet the needs of passengers; and
ii: to encourage more people to use the services:
e: public transport services should be provided in a way that assists—
i: public transport investment to be efficient; and
ii: public transport investment to give value for money.
10: Section 116 replaced (Public transport services must be provided under contract)
Replace section 116
116: Planning, procuring, and operating public transport services
1: Planning, procuring, and operating public transport services must be carried out in an open and transparent manner, irrespective of who operates the service.
2: Without limiting subsection (1)
a: operating costs:
b: service performance (for example, by reference to key performance indicators such as reliability and punctuality):
c: the vehicles, vessels, or other transport modes used or to be used to operate the services:
d: the financial performance of the person operating or to be operating the services (for example, the person’s assets, liabilities, and equity):
e: the aggregate terms and conditions of the workforce operating or to be operating the services.
3: This section does not require a regional council or the Agency to disclose information that it would be entitled to withhold in response to a request for information under the Local Government Official Information and Meetings Act 1987 or the Official Information Act 1982.
4: However, subsection (3)
a: a regional council’s obligation to publish information under section 127(1)(b); or
b: the obligations of a regional council to provide information under section 128.
116A: Limitations on operating integral public transport services
1: A public transport service identified in a regional public transport plan as integral to the public transport network—
a: must be operated in a unit or part of a unit; and
b: may only be operated by—
i: the regional council; or
ii: a territorial authority whose district is within the region, under a contract with the regional council; or
iii: any other person, under a contract with the regional council.
2: However, subsection (1)
116B: Limitations on payment of subsidies
A subsidy may only be provided to a public transport service that is—
a: identified in a regional public transport plan as integral to the region’s public transport network; and
b: operated in a unit or part of a unit.
11: Section 117 amended (Purpose of regional public transport plans)
In section 117(a) councils councils, territorial authorities,
12: Section 119 amended (Adoption of regional public transport plans)
Replace section 119(1)
1: A regional council must adopt a regional public transport plan if it intends to—
a: enter into a contract for the supply of a public transport service; or
b: operate a public transport service itself; or
c: provide financial assistance to an operator or user of any other passenger service in a small passenger service vehicle.
13: Section 120 amended (Contents of regional public transport plans)
1: In section 120(1)(a)(i) that the regional council proposes to provide
2: After section 120(1)(a)(i)
ia: identify the infrastructure necessary to support the services identified under subparagraph (i); and
3: Replace section 120(1)(a)(ii)
ii: for scheduled services identified under subparagraph (i), provide an outline of their routes, frequency, and hours of operation; and
iia: for unscheduled services identified under subparagraph (i), provide an outline of their geographic area, and hours, of operation; and
4: In section 120(1)(a)(iv) a unit is any service in a unit or part of a unit is
5: In section 120(1)(a)(v) replaced by a service or services in
6: Replace section 120(2)(d)
d: the approach that will be taken to provide the service or services in a unit or part of a unit, including, if relevant, whether the service or services will be operated by the council itself or another person; and
7: In section 120(2)(e) procurement of services in
8: In section 120(2)(f) performance of services in
14: Section 124 amended (Matters to take into account when adopting regional public transport plans)
1: After section 124(c)(ii)
iia: the transport component of any plan or strategy that has been developed and publicly consulted on by—
A: a territorial authority within the region; or
B: the regional council if it has transferred its public transport responsibilities to a territorial authority under section 17 of the Local Government Act 2002; and
2: In section 124(c)(iv) , having regard to the desirability of encouraging a competitive and efficient market for public transport services
3: After section 124(c)(iv)
iva: the views of the territorial authorities in the region; and
4: After section 124(c)(v)
vi: the views of the public transport workforce and its representative unions registered under Part 4 of the Employment Relations Act 2000; and
15: Section 125 amended (Consultation requirements for regional public transport plans)
1: In the heading to section 125 Consultation requirements for Preparation of
2: Replace section 125(1)
1: When preparing a draft regional public transport plan, a regional council must—
a: (except Auckland Transport) prepare the draft in collaboration with the territorial authorities in the region; and
b: consult all the following entities:
i: the relevant regional transport committee (but Auckland Transport must consult the Auckland Council and each affected local board of the Auckland Council):
ii: the Agency:
iii: every operator of a public transport service in the region:
iv: every person who has notified the regional council of a proposal to operate an exempt service in the region:
v: the Minister of Education:
vi: the relevant railway line access provider:
vii: Kāinga Ora–Homes and Communities, if there are any specified development projects in the region:
viii: if the regional council proposes to plan, procure, or operate an inter-regional public transport service, all relevant local authorities in the other regions in which the service is proposed to operate.
3: In section 125(2) or Auckland Transport (as the case may be)
4: In section 125(2)(b) 83, 87, and 89 83 and 87
16: Section 128 amended (Power to require information from regional councils and Auckland Transport)
1: In the heading to section 128 and Auckland Transport
2: Replace section 128(1)
1: The Agency may require a regional council to provide it with information related to public transport planning and public transport services that is necessary to enable the Agency to perform its functions under this Act, including information that—
a: is provided to the regional council under section 127; or
b: the regional council holds in relation to planning, procuring, and operating public transport services (for example, any information relating to the matters listed in section 116(2)
17: Section 130 replaced (All exempt services to be registered)
Replace section 130
130: Exempt services must be registered to operate
1: A person must not operate an exempt service in a region unless the service is registered as an exempt service with the regional council of that region.
2: Despite subsection (1)
a: the service can be reserved for use by a single person or a self-selected group of people; or
b: the service is an unscheduled service that is operated—
i: using fewer than 10 vehicles; or
ii: using vehicles with 9 or fewer seating positions, including the driver’s; or
c: the service is a shuttle service.
18: Section 139 amended (Withdrawal of exempt services)
1: Replace section 139(1)
1: The operator of an exempt service that must be registered under section 130
1A: The operator must give notice—
a: at least 60 working days before ceasing to operate the exempt service, if the service is identified in the relevant regional public transport plan as integral to the public transport network; or
b: at least 15 working days before ceasing to operate the service, in any other case.
2: In section 139(2) (1) (1A)
19: Section 150 replaced (Regulations)
Replace section 150
150: Regulations relating to exempt services
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: specifying that a public transport service is an exempt service; or
b: requiring an exempt service to be operated in a unit or part of a unit.
2: The Minister may make a recommendation for the purposes of subsection (1)(a)
a: the Minister or a regional council has requested the Agency to investigate whether the Minister should recommend making the order; and
b: the Agency, after consulting the operator of the service and the regional council, requests the Minister to recommend making the order; and
c: the Minister is satisfied that the consultation has taken place and that—
i: the service is being, or will be, provided as part of a local roading network; or
ii: the service, while operating as an exempt service,—
A: will not receive a subsidy for its provision; and
B: will not be an integral part of the region’s public transport network; and
C: will not need its fares to be regulated; and
D: will reflect and reinforce the principles set out in section 115(1)
3: The Minister may make a recommendation for the purposes of subsection (1)(b)
a: the Minister or a regional council has requested the Agency to investigate whether the Minister should recommend making the order; and
b: the Agency, after consulting the operator of the service and the regional council, requests the Minister to recommend making the order; and
c: the Minister is satisfied that the consultation has taken place and that—
i: the service is integral to the public transport network (whether or not it is identified as such in the relevant regional public transport plan); and
ii: either—
A: the service needs its fares to be regulated; or
B: operating the service in a unit or part of a unit will reflect and reinforce the principles set out in section 115(1)
iii: the regional council has funding available to support the operation of the service in a unit or part of a unit.
4: If the relevant public transport service is an inter-regional public transport service, the following apply:
a: the reference to a regional council in subsections (2)(a) and (3)(a)
b: the reference to the regional council in subsections (2)(b) and (3)(b)
c: the reference to the regional council in subsection (3)(c)(iii)
d: the reference to a local roading network in subsection (2)(c)(i)
e: the reference to a public transport network in subsections (2)(c)(ii)(B) and (3)(c)(i)
f: the reference to the relevant regional public transport plan in subsection (3)(c)(i)
g: the references to a unit in subsection (3)(c)(ii)(B) and (iii)
5: Regulations made under this section are secondary legislation ( see Part 3 Legislation Act 2019 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
2: Minor, consequential, and transitional amendments
20: Section 114 amended (Application of certain provisions of Local Government Act 2002 to Auckland Transport)
In section 114 83A, 87, and 89 83A and 87
21: Section 127 amended (Power to require information from operators of public transport services)
1: In section 127(1)(a) operator of a service in
2: In section 127(1)(a) for that unit for that service
3: In section 127(1)(b)(ii) and (c) unit service
22: Section 129 amended (Disclosure of information received under sections 127 and 128)
1: In section 129(1) of the unit
2: In section 129(3) of the unit
23: Section 131 amended (Register of exempt services)
1: In section 131(1) public transport services that are exempt services exempt services that must be registered under section 130
2: In section 131(2)(d) routes route or routes, or geographic area of operation,
24: Section 133 amended (Notification of proposal to operate or vary exempt services)
1: In the heading to section 133 services that must be registered
2: In section 133(1)(a) exempt service that must be registered under section 130
3: In section 133(1)(a)(iv) routes routes, or geographic area of operation,
25: Section 134 amended (Grounds for declining registration or variation of exempt services)
1: In section 134(1)(b) routes routes, or geographic area of operation,
2: In section 134(2)(a) of the route or routes
3: In section 134(2)(a)(i) viability of any service in a
4: In section 134(2)(a)(ii) council of any service in a
26: Section 135 amended (Process for declining registrations or variations of exempt services)
In section 135 a variation of a route of an exempt service a variation of the route or routes, or geographic area of operation, of an exempt service
27: Section 136 amended (Registration of and variation to exempt services)
In section 136(1)(b) routes , or geographic area of operation,
28: Section 137 amended (Deregistration of exempt services and removing details of variations)
1: In section 137(2) routes , or geographic area of operation,
2: In section 137(4)(a) replaced by a service in a
29: Section 140 amended (Right to appeal to Environment Court)
In section 140(1) those units those services
30: Section 141 amended (Appeals to District Court)
1: In section 141(2)(b) routes , or geographic area of operation,
2: In section 141(2)(d) routes , or geographic area of operation,
31: Section 147 amended (Operating public transport services that are not exempt or contracted)
1: In the heading to section 147 contracted in a unit
2: In section 147(1) provided as a unit or part of a unit under contract with the regional council operated in a unit or part of a unit
32: Section 148 amended (Varying registered exempt services without giving notice required by section 133)
In section 148 routes, geographic area of operation,
33: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.


1: Title
This Act is the Fuel Industry (Improving Fuel Resilience) Amendment Act 2023.
2: Commencement
1: This Act comes into force on 1 July 2024.
2: However, section 14
3: Principal Act
This Act amends the Fuel Industry Act 2020 2024-07-01 Fuel Industry Act 2020 except s 14 to the extent it inserts subpart 2 of part 4 (ss 52–61) (see s (2)(2) 2025-01-01 Fuel Industry Act 2020 s 14 to the extent it inserts subpart 2 of part 4 (ss 52–61) (see s (2)(2)
4: Section 3 amended (Purpose)
1: In section 3 purpose of this Act purpose of Parts 1 to 3
2: In section 3
2: The purpose of Part 4
5: New section 3A inserted (Act does not apply to certain reserve fuel)
After section 3
3A: Act does not apply to certain reserve fuel
This Act does not apply to—
a: fuel that is imported, for the purpose of holding reserve fuel stock, by the Crown or under an agreement with the Crown; or
b: any activities or any person in respect of that fuel.
6: Section 13 amended (Regulations under this subpart)
In section 13(2)(b)(iii) this Act Parts 1 to 3
7: Section 20 amended (Regulations under this subpart)
In section 20(2)(b) this Act Parts 1 to 3
8: Section 24 amended (Consumer information requirements may be prescribed)
In section 24(3)(b) this Act Parts 1 to 3
9: Section 25 amended (Purposes of this subpart)
In section 25(b) this Act Parts 1 to 3
10: Section 27 amended (Information disclosure requirements may be prescribed)
In section 27(3)(b) this Act Parts 1 to 3
11: Section 29 repealed (Information sharing between Commission and chief executive)
Repeal section 29
12: Part 3 heading amended
In the Part 3 miscellaneous provisions for purpose of Parts 1 to 3
13: New section 50 inserted (This Part does not apply to Part 4 matters)
After section 49
50: This Part does not apply to Part 4 matters
This Part does not apply to any matters under Part 4 sections 69(3) and 70
14: New Parts 4 and 5 inserted
After Part 3
4: Promotion of resilience of engine fuel supplies in New Zealand
1: Preliminary provision
51: Interpretation
In this Part, unless the context otherwise requires,— compliance period
a: during the initial period, means a calendar month:
b: after the initial period, means the compliance period specified in the regulations fuel importer information disclosure requirement subpart 3 section 63 initial period subpart 2
a: the date on which regulations provide that the initial period ends in respect of that type of fuel:
b: the end of the 5-year period referred to in section 61 minimum level of cover
a: the minimum number of days for the initial period is set in section 57(3)
b: the minimum number of days after the initial period is set in the regulations obligation fuel section 54 obliged person section 53 regulations subpart 6 stockholding obligation obligation subpart 2
2: Stockholding obligation
Application
52: Purpose of this subpart
The purpose of this subpart is to promote the resilience of engine fuel supplies by requiring certain fuel industry participants to hold a certain level of engine fuel stocks in New Zealand to mitigate the risk of fuel supply disruptions.
53: Persons to which obligation applies
1: During the initial period, this subpart applies to every fuel industry participant (an obliged person
a: is a fuel importer of a type of obligation fuel; and
b: owns or operates a bulk storage facility for that type of obligation fuel or has the right to draw that type of obligation fuel at a bulk storage facility.
2: After the initial period, this subpart applies to every fuel industry participant (an obliged person
a: that is of a type described in subsection (1); or
b: that is of an additional type or types specified in the regulations.
3: The Minister may recommend regulations for the purpose of subsection (2)(b) only if the Minister is satisfied that—
a: fuel industry participants of that type or those types supply (in the form of production or import) a significant volume of fuels to the New Zealand fuel market (that is, their market share must be significant); and
b: the fuel supplied by fuel industry participants of that type constitute a significant proportion of the energy used by the transport sector in New Zealand.
54: Fuel on which obligation is based
This subpart applies to the following types of engine fuel ( obligation fuel
a: during the initial period, the types referred to in section 57(2)
b: after the initial period, any type or types that are specified by the regulations to be obligation fuels.
55: Disregarded fuels
The following are disregarded for the purpose of this Part and the regulations:
a: fuel held under an agreement with the Crown for the purpose of compliance by the Crown with New Zealand’s obligation, under Article 2 of the International Energy Agreement (within the meaning given in section 2 of the International Energy Agreement Act 1976
b: fuel imported for consumption by the Crown (for example, by the New Zealand Defence Force). Imposition of stockholding obligation
56: Imposition of obligation
Each obliged person must hold minimum stock, of each type of obligation fuel in respect of which it is an obliged person, at a level that is sufficient to sustain the minimum level of cover required by this Part and the regulations.
57: Initial obligation
1: This section sets the stockholding obligation for the initial period.
2: The types of obligation fuel to which the initial stockholding obligation applies are—
a: diesel (within the meaning of regulation 5(1) of the Engine Fuel Specifications Regulations 2011
b: petrol (within the meaning of regulation 5(1) of the Engine Fuel Specifications Regulations 2011
c: aviation kerosene (being kerosene-type fuel that is used in aviation turbine engines).
3: The required number of days of demand or consumption, for the purpose of the minimum level of cover, is—
a: 21 for diesel:
b: 28 for petrol:
c: 24 for aviation kerosene.
4: The formula for translating minimum level of cover to the required minimum stockholding volume for each obliged person and each fuel type is— a = b × c where— a is the obliged person’s stockholding obligation (that is, the minimum stock of the fuel type (measured in thousands of litres) that the person must hold, on an average basis, during the compliance period to sustain the minimum level of cover required by this Part and the regulations), where average b is the required number of days that is referred to in subsection (3) for the fuel type and for the purpose of the minimum level of cover c is the obliged person’s average daily demand or consumption (that is, the obliged person’s average daily drawings from bulk storage facilities in New Zealand at which the obliged person has the right to draw fuel, during the 12-month period that ends 4 months before the compliance period begins, of the fuel type (measured in thousands of litres per day)).
5: Engine fuel counts as minimum stock if—
a: the stock is—
i: in a bulk storage facility in New Zealand; or
ii: fuel cargo in a vessel within New Zealand’s exclusive economic zone that is scheduled for delivery to a New Zealand port; and
b: the fuel complies with any requirements of the regulations for counting fuel as minimum stock.
58: Regulations relating to stockholding obligation
1: The regulations may provide for matters relating to the stockholding obligation, including all or any of the following matters:
a: for any period and any fuel,—
i: how each obliged person’s stockholding obligation must be calculated for each compliance period:
ii: requirements relating to circumstances, characteristics, location, and ownership or drawing rights for counting fuel as minimum stock:
iii: when the initial period ends:
b: for each period after the initial period,—
i: the type or types of engine fuel that are obligation fuels (which may be prescribed by reference to either or all of the circumstances or characteristics of the fuel or other matters):
ii: the type or types of fuel industry participant that are obliged persons in respect of obligation fuel (in which case, section 53(3)
iii: matters relating to the minimum level of cover required.
2: The regulations may provide—
a: different obligations for different types of things (for example, different stockholding levels for different fuels at different locations or for different periods); and
b: for recalculation of obligations (for example, if a person ceases to be an obliged person, for the recalculation of other persons’ obligations).
3: The Minister may recommend regulations for matters referred to in this section only if—
a: the Minister has had regard to the resilience of supplies of each type of obligation fuel; and
b: the Minister has had regard to the current or recent commercial stockholding levels for that type of fuel; and
c: the Minister considers that the stockholding obligation balances the following objectives:
i: that there are sufficient engine fuel stocks available in New Zealand to meet demand and to adequately manage the impacts of plausible fuel supply disruption scenarios; and
ii: that the economic costs associated with complying with the stockholding obligation are not disproportionate.
59: Exemptions from stockholding obligation
1: The Minister may exempt by notice an obliged person, or a class of obliged persons, from all or any of their stockholding obligation.
2: The Minister may grant the exemption only if—
a: the Minister is satisfied that exceptional circumstances beyond the reasonable control of the obliged person have prevented, or are likely to prevent, the obliged person from complying with the obligation, for example,—
i: a natural disaster that has affected fuel storage facilities, or a crisis that has affected international shipping routes; or
ii: other exceptional circumstances prescribed in the regulations; and
b: the Minister has taken into account—
i: the impact of the circumstances on fuel imports and fuel storage capacity; and
ii: the duration of the circumstances; and
iii: the level of control of the fuel importer over the circumstances; and
iv: the time required to achieve compliance with the obligation; and
v: the impact on fuel resilience in regions; and
c: the Minister is satisfied that—
i: there is good reason for granting the exemption that outweighs the interests of the public in having the obligation met; and
ii: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
3: The regulations may prescribe—
a: circumstances in which exemptions may be granted:
b: matters related to the process for exemptions:
c: the maximum period during which an exemption may continue in force:
d: when and how other obliged persons’ stockholding obligations may be recalculated as a result of an exemption.
4: The Minister may grant the exemption unconditionally or subject to any conditions that the Minister may prescribe in the notice.
5: The Minister’s reasons for granting the exemption (including why the exemption is appropriate) must be published together with the exemption.
6: An exemption granted under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Entitlement agreements
60: Entitlement agreements as mechanism for meeting obligations
1: This section applies if an obliged person enters into an agreement with another person that records a transfer of the right to count an amount of fuel stocks for the purpose of complying with a stockholding obligation.
2: Only the transferee of the right is treated as the holder of the stock (for the purpose of counting the amount towards compliance with the stockholding obligation after the transfer). Example 1
A and B are both obliged persons and an agreement records a transfer from A to B of the right to count an amount of fuel stocks for the purpose of complying with a stockholding obligation. Only B holds the amount for the purpose of compliance with the stockholding obligation after the transfer. Example 2
A fuel importer sells an amount of imported stock to a consignor who will maintain ownership of the stock in a bulk supply facility until it is drawn down by the fuel importer. The agreement records a transfer from the consignor to the fuel importer of the right to be considered the holder of the amount for the purpose of complying with a stockholding obligation. Only the fuel importer is treated as the holder of that amount for that purpose (despite the consignor being the owner of the stock).
3: The regulations may set requirements related to entitlement agreements and their use. Review
61: Review
1: The Minister must review the stockholding obligation within 5 years after the commencement of this subpart.
2: The review of the stockholding obligation must take into account the following considerations:
a: the Government's emissions budget and emissions reduction plan:
b: fuel demand in New Zealand:
c: the fuel mix for the transport fleet:
d: any relevant data and findings on the resilience of supply chains, such as national and regional fuel stocks data and reports on resilience of international and domestic fuel supply chains:
e: domestic fuel production capacity.
3: Information disclosure requirements for purpose of this Part
62: Obligation to comply with information disclosure requirements
1: Every fuel industry participant to which requirements prescribed by the regulations apply must comply with those requirements.
2: Without limiting subsection (1), a fuel industry participant must disclose information to the chief executive in any circumstances prescribed by the regulations.
3: The fuel industry participant must disclose the information in any form and manner specified by the chief executive. 2020 No 60 s 26
63: Information disclosure requirements may be prescribed
1: The regulations may prescribe requirements relating to record keeping, and the retention and disclosure of information, about the resilience of engine fuel supplies in New Zealand, including—
a: fuel stocks of industry participants identified in regulations and obliged persons at national, regional, and bulk storage facility levels:
b: international supply chains:
c: contingency arrangements (such as compliance plans):
d: any other information considered necessary for planning and implementing the stockholding obligation.
2: In particular, the regulations may prescribe—
a: the kinds of fuel industry participants, the engine fuels, and other matters that the regulations apply to:
b: the information that must be recorded and retained:
c: the methodologies that must be applied in recording the information:
d: the circumstances in which information must be disclosed to the chief executive (for example, when requested by the chief executive, at a specified time, or on the occurrence of a specified event):
e: requirements for the contents of information disclosed to the chief executive to be independently assessed for accuracy and certified by an auditor who is approved by the chief executive (in the prescribed manner, if any, for that purpose):
f: requirements relating to the publication of information that is required to be disclosed to the chief executive.
3: The Minister may recommend regulations only if the Minister has had regard to the need for—
a: transparency and timeliness of information about fuel industry participants’ fuel stockholding levels at national, regional, and bulk storage facility levels and at specific locations (such as Auckland International Airport):
b: information required for assessing the adequacy of fuel stockholding levels in New Zealand for meeting New Zealand demand in a plausible fuel supply disruption scenario. 2020 No 60 s 27
64: Publication of analysis or summary
The chief executive may,—
a: for the purpose of this Part, analyse and summarise any information disclosed to them under this subpart; and
b: publish any resulting analysis or summary. 2020 No 60 s 28
4: Pecuniary penalties under this Part
65: Pecuniary penalties under this Part
1: The High Court may, on the application of the chief executive, order a person to pay to the Crown a civil pecuniary penalty if satisfied that the person—
a: has contravened any of the provisions of the following:
i: the stockholding obligation:
ii: an information disclosure requirement; or
b: has attempted to contravene any of those provisions; or
c: has aided, abetted, counselled, or procured any other person to contravene any of those provisions; or
d: has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene any of those provisions; or
e: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of any of those provisions; or
f: has conspired with any other person to contravene any of those provisions.
2: The amount of any pecuniary penalty must not exceed,—
a: in the case of an individual, $100,000 for each act or omission; or
b: in any other case, the greater of the following for each act or omission:
i: $5 million:
ii: either,—
A: if it can be readily ascertained and if the court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
B: if the commercial gain cannot readily be ascertained, 10% of the turnover of the person and all its interconnected bodies corporate (if any) in each accounting period in which the contravention occurred.
3: In determining an appropriate penalty under this subpart, the court must have regard to all matters referred to in section 30(6)
4: Sections 30(7) and (8), 31, 34, and 40(c)
5: Enforceable undertakings
66: Chief executive may accept undertakings
1: The chief executive may accept a written undertaking given by, or on behalf of, a person in connection with any matter relating to the enforcement of this Part.
2: The person may withdraw or vary the undertaking with the consent of the chief executive. 1986 No 5 s 74A
67: Matters included in undertakings
1: An undertaking under section 66
a: an undertaking (which may include a compliance plan) to take action to avoid, remedy, or mitigate any actual or likely contravention, or possible contravention, of this Part:
b: an undertaking to pay to the chief executive all or part of the chief executive’s costs incurred in investigating, or bringing proceedings in relation to, a contravention, or possible contravention, of this Part.
2: If the chief executive accepts an undertaking that involves payment of the chief executive’s costs, the chief executive must make the following information publicly available:
a: the amount of the chief executive’s costs that has been undertaken to be paid; and
b: a brief description of the circumstances and nature of the contravention or possible contravention of this Part to which the undertaking relates.
3: In this section, a contravention
a: an actual contravention:
b: aiding, abetting, counselling, or procuring a contravention:
c: inducing a contravention, whether by threats, promises, or otherwise:
d: being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention:
e: conspiring with any other person in a contravention. 1986 No 5 s 74B
68: Enforcement of undertakings
1: If the chief executive considers that a person has breached an undertaking given under section 66
2: The court may make any 1 or more of the following orders if it is satisfied that the person has breached a term of the undertaking:
a: an order directing the person to comply with the term:
b: an order directing the person to pay to the Crown an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach. 1986 No 5 s 74C
6: Regulations and other miscellaneous provisions
69: Regulations under this Part
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: providing for anything that this Part says may or must be provided for by regulations:
b: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Part.
2: The Minister may recommend regulations under this Part only if—
a: the Minister has consulted any fuel industry participants that the Minister considers are likely to be significantly affected by the regulations; and
b: the Minister is satisfied that the regulations are necessary or desirable after having regard to the purpose of this Part and to the relevant costs and benefits.
3: Section 48
4: Regulations made under this section are secondary legislation ( see Part 3 2002 No 40 s 168(1)(k), (l), (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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
70: Chief executive may approve forms
Section 49
5: General provisions
Information sharing
71: Information sharing between Commission and chief executive
1: The Commission and the chief executive, and any other person with functions, powers, or duties under this Act, may use any information provided under this Act, or a copy of any document provided under this Act, for any purpose of this Act.
2: The Commission may provide to the chief executive, and the chief executive may provide to the Commission, any information, or a copy of any document, that the Commission or the chief executive (as the case may be)—
a: holds in relation to the exercise of powers, or the performance of functions and duties, in respect of this Act; and
b: considers may assist the other for any purpose of this Act.
3: The Commission or the chief executive must not provide any information or document under this section unless satisfied that appropriate protections are or will be in place to maintain the confidentiality of the information or document (including information that is personal information within the meaning of the Privacy Act 2020
72: Sharing of information and documents with other entities
1: The chief executive may provide to a public service agency or a statutory entity (other than the Commission) any information, or a copy of any document, that the chief executive—
a: holds in relation to the performance or exercise of the chief executive’s functions, powers, or duties under this Act or any other legislation; and
b: considers may assist the public service agency or statutory entity in the performance or exercise of its functions, powers, or duties under any legislation.
2: The chief executive may provide information, or a copy of a document, under this section only if satisfied that—
a: doing so will not substantially affect the performance of their functions; and
b: appropriate protections are or will be in place to maintain the confidentiality of the information or document provided (in particular, information that is personal information within the meaning of the Privacy Act 2020
3: The chief executive may use any information, or a copy of any document, in the chief executive’s performance or exercise of their functions, powers, or duties under any legislation if the information or copy is provided to the chief executive by a public service agency or a statutory entity (other than the Commission).
4: In this section,— public service agency section 5 of the Public Service Act 2020 statutory entity Schedule 1 of the Crown Entities Act 2004 1986 No 5 s 99AA
73: Effect of information sharing provisions
1: Sections 71 and 72
2: Nothing in section 71 or 72
a: the Privacy Act 2020
b: section 99AA of the Commerce Act 1986
c: any provision of this Act or any other legislation that allows the use or disclosure of information (for example, section 17 of the Crown Entities Act 2004
15: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.


1: Title
This Act is the Resale Right for Visual Artists Act 2023.
2: Commencement
1: This Act comes into force—
a: on a single date appointed by the Governor-General by Order in Council; or
b: on 1 December 2024, if it has not commenced by then.
2: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Preliminary provisions
3: Purpose
The purpose of this Act is—
a: to provide a right for eligible artists and successive right holders to receive a royalty on qualifying resales of original visual artworks; and
b: to enable royalties to be administered in a way that—
i: acknowledges and respects the role of Māori as tangata whenua and provides culturally appropriate support to Māori artists; and
ii: is inclusive of, and recognises the different needs of, all peoples in New Zealand.
4: Interpretation
In this Act, unless the context otherwise requires,— art market professional section 11 collection agency section 22 expiry date section 15(2) New Zealand citizen section 4 original visual artwork section 8(1) professional resale section 9(2) qualifying resale section 9(1) reciprocating country section 29 regulations section 28 resale resale right section 7 resale royalty section 7 resale value section 10 right holder section 7
a: the artist, if they are alive at the time that the contract for the qualifying resale is entered into; or
b: the person who holds the artist’s resale right after their death and at the time that the contract for the qualifying resale is entered into ( see section 14 visual artwork section 8(2) voluntary qualifying resale section 9(3)
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Resale right for visual artists
Resale right
7: Eligible artists have resale right
1: An eligible artist has a right to be paid a royalty on the resale of a visual artwork if—
a: the visual artwork is an original visual artwork by that artist ( see section 8
b: the resale is a qualifying resale ( see section 9
c: the contract for the resale is entered into on or before the expiry date of the period during which the right may apply ( see section 15
d: either—
i: the artist is alive at the time that the contract for the resale is entered into, and they are eligible at that time; or
ii: the artist is not alive at that time, but they were eligible at the time of their death.
2: The artist is eligible
a: a New Zealand citizen:
b: a person domiciled or resident in New Zealand:
c: a citizen or subject of, or a person domiciled or resident in, a reciprocating country.
3: An artist has a right under this section irrespective of whether they are or were the first owner of copyright in the artwork.
4: A person other than the artist may hold the right after the artist’s death ( see section 14
8: Meaning of original visual artwork
1: An artwork is an original visual artwork
a: a visual artwork created by, or under the authority of, an artist; or
b: one of a limited number of copies of a visual artwork made by that artist or under their authority.
2: In this Act, visual artwork
a: includes a visual work of any 1 or more of the following types:
i: a cultural expression of Māori:
ii: a cultural expression of Pacific peoples:
iii: ethnic or cultural art that is a variation of a type of work described in any of subparagraphs (iv) to (ix):
iv: painting, drawing, carving, engraving, etching, lithography, woodcutting, or printing (including a book of prints):
v: sculpture, collage, or modelling:
vi: craftwork, ceramics, glassware, jewellery, textiles, weaving, metalware, or furniture:
vii: photography or video art:
viii: multimedia art:
ix: art that is created using computers or other electronic devices; but
b: does not include—
i: a building, as defined in section 2(1)
ii: a dramatic work or musical work, as those terms are defined in section 2(1)
iii: a literary work, as defined in section 2(1)
iv: a work of a type specified in the regulations.
9: Meaning of qualifying resale
1: A resale of an original visual artwork is a qualifying resale
a: it is a professional resale or a voluntary qualifying resale; and
b: the resale value is no less than the amount specified by the regulations, which must be within the range of $500 to $5,000.
2: A resale is a professional resale
a: at least 1 person involved in the resale is—
i: an art market professional acting in that capacity; or
ii: a publicly funded art gallery; or
iii: a publicly funded museum, library, or archive that collects and displays artworks; and
b: the resale has a connection to New Zealand, in that—
i: the person described in paragraph (a) is resident, incorporated, registered, or carrying on business in New Zealand; and
ii: the resale relates to that part of the person’s dealings in visual artworks that occur (in part or otherwise) within New Zealand.
3: Any other resale may be a voluntary qualifying resale
a: all the parties to the resale agree in writing that the resale is a qualifying resale for the purpose of this Act; and
b: the agreement records the percentage of the resale value that the parties agree will be payable as a resale royalty ( see section 16
c: the agreement records which party will provide information about the qualifying resale to the collection agency ( see section 21
10: Meaning of resale value
1: In this Act, resale value
a: an amount paid in New Zealand dollars:
b: if an amount is paid in a currency other than New Zealand dollars, that amount converted to New Zealand dollars at the Reserve Bank of New Zealand reference rate as at the date of payment:
c: the value of goods or services paid in kind.
2: However, resale value
a: goods and services tax payable under the Goods and Services Tax Act 1985
b: any duty, tax, fee, charge, or levy imposed on goods under the Customs and Excise Act 2018
c: any costs associated with the resale, for example, a commission or a buyer’s premium.
11: Meaning of art market professional
In this Act, art market professional
a: a person who carries on business as an auctioneer (within the meaning of section 5(3)
b: an art dealer:
c: an art consultant:
d: the owner or operator of an art gallery that deals in visual artworks:
e: any other person who is in the business of dealing in visual artworks. Nature of resale right
12: Right held in shares where artwork created jointly
1: This section applies if a resale right arises in relation to an original visual artwork that is created jointly by 2 or more artists ( joint artists
2: The resale right—
a: belongs only to those joint artists who are eligible at the necessary time ( see section 7(1)(d) and (2)
b: is held by those eligible joint artists in equal shares or in any other shares that are specified in a written agreement signed by or on behalf of all of the eligible joint artists.
13: Right is inalienable while held by artist
1: This section applies to a resale right while it is held by the artist.
2: The resale right cannot be waived, assigned, or charged.
3: Any waiver or assignment of, or charge over, the resale right is void.
4: See section 19
14: Who holds right after artist’s death
1: This section sets out who holds an artist’s resale rights after their death.
2: The resale right that arises on a qualifying resale is held by the successor of the resale rights but only if, at the time that the contract for the qualifying resale is entered into,—
a: the successor holds those rights; and
b: the successor,—
i: in the case of an individual, is—
A: a New Zealand citizen; or
B: domiciled or resident in New Zealand; or
C: a citizen or subject of, or domiciled or resident in, a reciprocating country:
ii: in the case of any other person, is incorporated, registered, or carrying on business in New Zealand or a reciprocating country.
3: A successor may transfer the resale rights to another person, as personal property, by—
a: assignment; or
b: testamentary disposition; or
c: operation of law.
4: If 2 or more successors hold a resale right after the artist’s death, each successor holds the share of the right that they inherit or that is transferred to them.
5: In this section, successor
a: the person who inherited the resale rights under the will or on the intestacy of the artist; or
b: the person who holds the resale rights after 1 or more transfers of the rights under subsection (3).
15: Duration of resale right period
1: This section sets out the period during which a qualifying resale of an original visual artwork creates a resale right.
2: The period begins when the artwork is created and ends at the close of the last day (the expiry date
a: if the artwork is created by 1 artist, the period of 50 years after the end of the calendar year in which the artist dies:
b: if the artwork is created jointly by 2 or more artists, the period of 50 years after the end of the calendar year in which the last of those artists dies. Resale royalty payments
16: Amount of royalty
The resale royalty payable in respect of a qualifying resale is,—
a: for a professional resale, 5% of the resale value; and
b: for a voluntary qualifying resale, the percentage of the resale value that the parties have agreed to.
17: Liability for payment of resale royalties to collection agency
1: The following persons are jointly and severally liable to pay a resale royalty to the collection agency:
a: the seller; and
b: either—
i: the agent acting for the seller on the resale; or
ii: if the seller does not have an agent, the agent acting for the buyer on the resale; or
iii: if there are no agents, the buyer.
2: The liability arises on the completion of the qualifying resale.
3: The liability is discharged when the total amount of the resale royalty is paid to the collection agency.
4: Payment of the resale royalty must be made to the collection agency within the time frame, and otherwise in the manner, specified by the regulations.
5: Any agreement to share or repay the resale royalty, other than as provided for in this Act, is void.
18: Liability for payment of resale royalties to right holders
1: The collection agency is liable to pay, to the right holder, each resale royalty it receives under section 17
2: The liability arises when the total amount of the resale royalty is paid to the collection agency.
3: The liability is discharged—
a: on the date on which the total amount, less the percentage that the collection agency is entitled to retain ( see section 20
i: to the right holder, if the right holder is New Zealand-based:
ii: to the equivalent of the collection agency in the relevant reciprocating country, in all other cases; or
b: if the total amount is unpaid on the expiry of the period specified by the regulations despite the collection agency's best endeavours, on the expiry of that period.
4: If there are 2 or more right holders ( see section 12 14
5: Payments to right holders must be made in accordance with the regulations.
6: In this section, a right holder is New Zealand-based
a: in the case of an individual, they are—
i: a New Zealand citizen; or
ii: domiciled or resident in New Zealand:
b: in the case of any other person, they are incorporated, registered, or carrying on business in New Zealand.
19: Right holder may decline resale royalty payment
1: A right holder may, in accordance with the process specified by the regulations, decline to receive—
a: payment of all or part of a resale royalty:
b: payment of a resale royalty on the future resale of any or all of their visual artworks.
2: If a right holder declines to receive payment of any amount of a resale royalty, the collection agency must use or manage the amount in the manner specified by the regulations.
3: A right holder may, in accordance with the process specified by the regulations, opt to receive payment of a royalty on future resales of any or all of the artworks previously declined under subsection (1)(b). Other matters relating to resale royalties
20: Collection agency entitled to retain percentage of resale royalties
1: For the purpose of funding its activities under this Act, the collection agency is entitled to retain a specified percentage of the resale royalties it collects.
2: The specified percentage
3: The Minister must consult with the collection agency before recommending that regulations be made to specify the percentage.
21: Requirement to provide collection agency with information about qualifying resales
1: This section applies to the following persons involved in a qualifying resale of an original visual artwork:
a: in the case of a professional resale,—
i: each art market professional that is involved in the resale; or
ii: if none of the persons involved in the resale is an art market professional, each art gallery, museum, library, or archive referred to in section 9(2)(a)
b: in the case of a voluntary qualifying resale, the person that the parties to the resale agreed would be responsible for providing information to the collection agency.
2: Each person must ensure that the following information about the resale is provided to the collection agency:
a: the name of the artwork, if known:
b: a brief description of the artwork:
c: the resale value:
d: the name of the artist, if known:
e: the name and contact details of the persons liable under section 17
f: any other information specified by the regulations.
3: The information must be provided within the time frame, and otherwise in the manner, specified by the regulations. Collection agency
22: Minister may appoint collection agency
1: There must at all times be a person appointed by the Minister as the collection agency.
2: The Minister may, by notice in the Gazette
3: Before appointing a person as the collection agency, the Minister must—
a: be satisfied that the appointee has the appropriate knowledge, skills, and experience to carry out the functions of the collection agency under this Act; and
b: consider, or be satisfied of, any other matters specified in the regulations.
4: The collection agency holds office for the term specified in the notice, unless the appointment is earlier revoked ( see section 23
5: A person is not to be regarded as being employed in the service of the Crown for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
6: The collection agency is subject to the Ombudsmen Act 1975 Official Information Act 1982 Public Records Act 2005
23: Minister may revoke appointment
1: The Minister may, by notice in the Gazette
a: if, in the opinion of the Minister, the collection agency has failed to comply with any of the terms or conditions of the appointment or satisfactorily perform its functions or duties under this Act:
b: if requested to do so by the collection agency.
2: The Minister must give the collection agency reasonable notice of a revocation under subsection (1)(a).
24: Function, duties, and operation of collection agency
1: The function of the collection agency is to collect and distribute resale royalties to right holders.
2: The collection agency must—
a: comply with the rules of operation set out in the regulations; and
b: operate in a way that is transparent, accountable, and respectful; and
c: act in the best interests of right holders; and
d: in carrying out its function and duties,—
i: acknowledge and respect the role of Māori as tangata whenua and provide culturally appropriate support to Māori artists; and
ii: be inclusive of, and recognise the different needs of, all peoples in New Zealand.
3: The regulations may specify the rules of operation of the collection agency, including rules in relation to any or all of the following matters:
a: how resale royalties are to be collected, held, and distributed:
b: how resale royalties that are not distributed are to be used or managed (for example, where right holders decline payment or cannot be found):
c: how right holders are to be represented in the management of the collection agency:
d: how financial records are to be disclosed:
e: how information relating to resale rights is to be collected and retained:
f: what records must be kept and how they are to be kept and made available:
g: any other matter that relates to the role of the collection agency under this Act.
4: The regulations may provide for the collection agency to establish and maintain a register of right holders.
25: Chief executive must monitor performance of collection agency
The chief executive of the Ministry must monitor and report on the performance of the collection agency in the manner required by the regulations. Enforcement and remedies
26: Enforcement
1: The collection agency may apply to a court of competent jurisdiction for orders under section 27
a: information is not provided in accordance with section 21
b: a person liable under section 17
c: any other requirement under this Act is not complied with in accordance with this Act.
2: This section does not limit any proceedings that may otherwise be taken by the collection agency, a right holder, or any other person.
27: Remedies
1: In proceedings brought under section 26
a: the necessary information be provided, as required by section 21
b: payment be made of any resale royalties owing under section 17
c: are appropriate for an infringement of a property right.
2: Nothing in this section affects any other power of the court. Secondary legislation and other instruments
28: Regulations
1: The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
a: providing for anything this Act says may or must be provided for by regulations:
b: providing for the establishment and operation of a cultural fund to be used for the purpose of supporting the career sustainability of visual artists:
c: requiring the collection agency to do the following with any amount of resale royalty that is declined under section 19 see section 18(3)(b)
i: transfer the amount to the cultural fund; or
ii: return the amount to the person who paid the resale royalty under section 17
iii: if the person who paid the resale royalty cannot be found, use the amount to fund the activities of the collection agency under this Act:
d: specifying a process for a person to notify the collection agency that they have, or another person has, a right to be paid a resale royalty that has not yet been paid to them, including—
i: the time frame within which a person must notify the collection agency if they believe that they have, or another person has, a right to be paid a resale royalty that has not yet been paid:
ii: the information that a person must provide to the collection agency to help it determine whether a resale royalty is payable:
e: specifying the information that the collection agency must provide to the chief executive of the Ministry for the purpose of monitoring under section 25
f: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
29: Reciprocating countries
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify a reciprocating country for the purposes of this Act.
2: The reciprocating country must be an entity (whether a State, part of a State, a territory for whose international relations a State is responsible, a political union, an international organisation, or any other entity).
3: The Minister must, before recommending that an order be made, be satisfied that the law of the reciprocating country does or will provide for a reciprocal resale right.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.