1: Title
1: This Act is the Resource Management (Foreshore and Seabed) Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
2: Commencement
1: This section and sections 3 13 27 28 33 34 35 42 43
2: The rest of this Act comes into force on 17 January 2005.
3: Interpretation
1: Section 2(1) access rights section 5 of the Foreshore and Seabed Act 2004 adverse effects assessment
a: by the Minister of Conservation under Part 1 of Schedule 12
b: by a regional council under section 17B(1)(a) Part 2 of Schedule 12 adverse effects report
a: by the Minister of Conservation in accordance with Part 1 of Schedule 12
b: by a regional council under section 17B(1)(b) Part 2 of Schedule 12 board section 5 of the Foreshore and Seabed Act 2004 customary rights order section 5 of the Foreshore and Seabed Act 2004 foreshore and seabed reserve section 5 of the Foreshore and Seabed Act 2004 holder section 5 of the Foreshore and Seabed Act 2004 management plan section 5 of the Foreshore and Seabed Act 2004 public foreshore and seabed section 5 of the Foreshore and Seabed Act 2004 recognised customary activity .
2: Section 2(1) regional council regional council
a: has the same meaning as in section 5 of the Local Government Act 2002
b: includes a unitary authority within the meaning of that Act .
4: Matters of national importance
Section 6 paragraph (f)
g: the protection of recognised customary activities.
5: New heading and
sections 17A 17B The principal Act is amended by inserting, after section 17 Recognised customary activities
17A: Recognised customary activity may be exercised in accordance with any controls
1: A recognised customary activity may be carried out despite—
a: sections 9 to 17
b: a rule in a plan or a proposed plan.
2: Subsection (1)
a: in accordance with any controls imposed by the Minister of Conservation under Schedule 12
b: by any member of the whanau, hapu, or iwi or of the group, as the case may be, entitled to do so under section 52 or section 76 of the Foreshore and Seabed Act 2004
c: by a person authorised by the holder of the customary rights order to carry out the activity under section 53(1)(a) or section 77(1)(a) of the Foreshore and Seabed Act 2004
17B: Adverse effects assessment
1: For the purposes of any controls that may be imposed on a recognised customary activity under Part 1 of Schedule 12 clause 6(2) of Schedule 12
a: carry out an adverse effects assessment of the effects on the environment of a recognised customary activity in its region; and
b: complete, and give to the Minister an adverse effects report based on that assessment.
2: Part 2 of Schedule 12
3: In this section, regional council
6: Functions of Minister of Conservation
Section 28
e: carrying out his or her functions under Schedule 12
7: Information to be supplied to Minister of Conservation
Section 28A(b) ; or paragraph (b)
c: the exercise of a recognised customary activity in its region— .
8: Delegation of functions by Ministers
Section 29(1) paragraph (g)
ga: making a decision on any controls to be imposed under Schedule 12 .
9: Transfer of powers
Section 33(2) iwi authority, board of a foreshore and seabed reserve,
10: Duty to gather information, monitor, and keep records
1: Section 35(2)(d) ; and paragraph (d)
e: in the case of a regional council, the exercise of a recognised customary activity in its region, including any controls imposed under Schedule 12 .
2: Section 35(5) paragraph (ja)
jb: in the case of a regional council, records of every customary rights order relating to its region; and .
3: Section 35
6: In subsections (2)(e) and (5)(jb) regional council
11: Persons to have powers of consent authority for purposes of
sections 37 37A Section 37B
d: the Minister of Conservation, for all matters while carrying out his or her functions under Schedule 12
12: Authorisation and responsibilities of enforcement officers
1: Section 38(3) either or both 1 or more
2: Section 38(3)
c: compliance with controls imposed under Schedule 12
13: Contents of New Zealand coastal policy statements
Section 58 paragraph (g)
ga: national priorities for maintaining and enhancing public access to and along the coastal marine area:
gb: the protection of recognised customary activities: .
14: Matters to be considered by regional council
Section 61 subsection (2A)
2A: A regional council, when preparing or changing a regional policy statement, must—
a: take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on resource management issues of the region; and
b: recognise and provide for the management plan for a foreshore and seabed reserve located in whole or in part within its region, once the management plan has been lodged with the council.
15: Contents of regional policy statements
The principal Act is amended by repealing section 62(1)(b)
b: the resource management issues of significance to—
i: iwi authorities in the region; and
ii: the board of a foreshore and seabed reserve, to the extent that those issues relate to that reserve; and .
16: Imposition of coastal occupation charges
Section 64A subsection (4)
4A: A coastal occupation charge must not be imposed on any person occupying the coastal marine area if the person is carrying out a recognised customary activity in accordance with section 17A(2)
17: Matters to be considered by regional council
Section 66 subsection (2A)
2A: A regional council, when preparing or changing a regional plan, must—
a: take into account any relevant planning document recognised by an iwi authority and lodged with the council, to the extent that its content has a bearing on resource management issues of the region; and
b: recognise and provide for the management plan for a foreshore and seabed reserve located in whole or in part within its region, once the management plan has been lodged with the council.
18: Matters to be considered by territorial authority
Section 74 subsection (2A)
2A: A territorial authority, when preparing or changing a district plan, must—
a: take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on resource management issues of the district; and
b: recognise and provide for the management plan for a foreshore and seabed reserve adjoining its district, once the management plan has been lodged with the territorial authority, to the extent that its contents have a bearing on the resource management issues of the district.
19: New
sections 79A 79B The principal Act is amended by inserting, after section 79
79A: Circumstance when further review required
1: Section 79B section 43 of the Foreshore and Seabed Act 2004
a: prepared and approved by the board of the foreshore and seabed reserve in accordance with section 44 of the Foreshore and Seabed Act 2004
b: lodged with the regional council.
2: Within 6 months of a management plan for a foreshore and seabed reserve being lodged as required by subsection (1)(b)
3: Section 79(4), (5), and (6)
79B: Consequence of review under
section 79A If a regional council, after reviewing a policy statement or plan under section 79A
a: requires change in order to recognise and provide for all or part of a management plan for a foreshore and seabed reserve, it must change the policy statement or plan in the manner set out in the First Schedule
b: can remain without change, it must give public notice of that decision.
20: New
section 82A The principal Act is amended by inserting, after section 82
82A: Dispute relating to review under
section 79A
1: This section applies if there is a dispute between a local authority and the board of a foreshore and seabed reserve as to whether a policy statement or plan reviewed under section 79A(2)
2: The board may refer a dispute to the Environment Court for a decision resolving the matter.
3: If, after considering the matter referred to it under subsection (2)
a: the Environment Court must order the regional council responsible for the policy statement or plan to initiate a change to that policy statement or plan in the manner set out in Schedule 1
b: if the Environment Court considers that the dispute relates to a matter of minor significance that does not affect the general intent and purpose of the policy statement or plan, the Environment Court may allow that policy statement or plan to remain unchanged.
21: New heading and
sections 85A 85B The principal Act is amended by inserting, after section 85 Plan must not allow activity that prevents recognised customary activities
85A: Plan or proposed plan must not include certain rules
A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have a significant adverse effect on a recognised customary activity carried out under section 17A(2)
85B: Process to apply if plan or proposed plan does not comply with
section 85A
1: If the holder of a customary rights order considers that a rule in a plan or proposed plan does not comply with section 85A
a: make a submission to the local authority concerned under clause 6 or clause 8 of Schedule 1
b: request a change under clause 21 of Schedule 1
c: apply to the Environment Court in accordance with section 293A(3)
2: A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A
a: the effects of the proposed activity on the recognised customary activity; and
b: the area that the proposed activity would have in common with the recognised customary activity; and
c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and
d: the degree to which the recognised customary activity must be carried out to the exclusion of other activities; and
e: whether the recognised customary activity can be exercised only in a particular area.
22: Forming opinion as to who may be adversely affected
1: Section 94B(1) Subsections (2) and (3) Subsections (2) to (4)
2: Section 94B
4: However, the holder of a customary rights order must be treated as being adversely affected if, in the opinion of the consent authority, the grant of a resource consent may adversely affect a recognised customary activity carried out in accordance with section 17A(2)
23: When public notification and service requirements may be varied
Section 94D
4: A rule included in a plan under subsection (3) section 17A(2)
24: Consideration of applications
Section 104(3) paragraph (c)
c: grant a resource consent contrary to—
i: section 107 or section 107A or section 217
ii: an Order in Council in force under section 152
iii: any regulations:
iv: a Gazette section 26(1), (2), and (5) of the Foreshore and Seabed Act 2004 .
25: New
sections 107A to 107D The principal Act is amended by inserting, after section 107
107A: Restrictions on grant of resource consents
1: A consent authority must not grant an application for a resource consent to do something that will, or is likely to, have a significant adverse effect on a recognised customary activity carried out in accordance with section 17A(2)
2: In determining whether a proposed activity will, or is likely to, have a significant adverse effect on a recognised customary activity, a consent authority must consider the following matters:
a: the effects of the proposed activity on the recognised customary activity; and
b: the area that the proposed activity would have in common with the recognised customary activity; and
c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and
d: the degree to which the recognised customary activity must be carried out to the exclusion of other activities; and
e: whether the recognised customary activity can be exercised only in a particular area; and
f: whether an alternative location or method would avoid, remedy, or mitigate any significant adverse effects of the proposed activity on the recognised customary activity; and
g: whether any conditions could be included in a resource consent for the proposed activity that would avoid, remedy, or mitigate any significant adverse effects of the proposed activity on the recognised customary activity.
3: Despite sections 77B(2)(a) and 104A, subsection (1)
107B: Provision for certain infrastructure works and related operations
1: Section 107A
a: an infrastructure work and its associated operations if—
i: the infrastructure work and its associated operations were lawfully established before the commencement of Part 3 of the Foreshore and Seabed Act 2004
ii: any significant adverse effects of the proposed activity on the recognised customary activity will be, or are likely to be, the same or similar in character, intensity, and scale to those that existed before the application for the resource consent was made:
b: maintenance work on, to, or in respect of an infrastructure work and its associated operations that were lawfully established before the commencement of Part 3 of Foreshore and Seabed Act 2004
2: In this section, infrastructure work and its associated operations
a: the Crown, as defined in section 2(1) of the Public Finance Act 1989
b: a local authority:
c: a network utility operator:
d: an electricity generator as defined in section 2(1) of the Electricity Act 1992
e: a port company as defined in section 2(1) of the Port Companies Act 1988 section 650J(6) of the Local Government Act 1974
f: the Maritime Safety Authority of New Zealand.
107C: Circumstances when written approval for resource consent required from holder of customary rights order
1: This section applies if—
a: the holder of a customary rights order gives written approval under section 107A(1)
b: the carrying out of the proposed activity under the resource consent would have the effect of suspending or cancelling, in whole or in part, the relevant customary rights order.
2: The holder of the customary rights order must acknowledge in writing that the effect described in subsection (1)(b)
3: Both the written approval given under section 107A(1) subsection (2)
a: form part of the application for a resource consent for the proposed activity; and
b: if a resource consent is granted, form part of the resource consent for that activity.
107D: Process to apply if grant of resource consent has effect of cancelling customary rights order
1: If the effect of carrying out the proposed activity under a resource consent granted in the circumstances contemplated by section 107C
a: the holder of the customary rights order must apply to cancel the order, in whole or in part, under section 60 or section 87 of the Foreshore and Seabed Act 2004
b: a decision by the consent authority to grant a resource consent for the proposed activity is of no effect until the application referred to in paragraph (a) Foreshore and Seabed Act 2004
2: However, if an application to cancel a customary rights order is declined, the relevant resource consent must be treated as if it were declined by the consent authority.
26: Decision on application for restricted coastal activity
Section 119 subsection (6)
6: The Minister of Conservation must not grant a coastal permit for a restricted coastal activity if the activity is contrary to—
a: section 107 or section 107A or section 217
b: an Order in Council in force under section 152
c: any regulations:
d: a Gazette section 26(1), (2), and (5) of the Foreshore and Seabed Act 2004
27: Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
Section 237A(1) paragraph (b)
b: show as vesting in the Crown any part of the allotment that is in the coastal marine area.
28: Vesting of reserves or other land
Section 239(3)(a) section 9A of the Foreshore and Seabed Endowment Revesting Act 1991 section 13 of the Foreshore and Seabed Act 2004
29: New
section 293A The principal Act is amended by inserting, after section 293
293A: Determinations relating to customary rights orders made under
Foreshore and Seabed Act 2004
1: This section applies to a determination made by the Environment Court on—
a: an appeal relating to—
i: a submission made in reliance on section 85B(1)(a)
ii: a request made in reliance on section 85B(1)(b)
b: an application made under section 85B(1)(c)
2: The Environment Court must—
a: determine the matters referred to in subsection (1) clause 15 of Schedule 1
b: consider the matters set out in section 85B(2)
3: An application made under section 85B(1)(c)
a: made in accordance with section 291
b: without limiting the discretion as to service under section 291
30: Proceedings to be heard by Environment Judge
Section 309
4: This Part does not apply to a recognised customary activity carried out in accordance with section 17A(2)
5: However, sections 310 to 313 and sections 330 to 337
31: Power of entry for inspection
Section 332(1) ; or paragraph (c)
d: any control imposed under Schedule 12
32: Power of entry for survey
Section 333 subsection (1)
1A: Subsection (1)
33: Crown's existing rights to resources to continue
Section 354(3) 1991 or the Foreshore and Seabed Act 2004
34: Vesting of reclaimed land
1: Section 355(3) The Without limiting section 355AA
2: Section 355(4) paragraph (a)
ab: must describe the right, title, or interest vested; and .
35: New
sections 355AA 355AB The principal Act is amended by inserting, after section 355
355AA: Effect of Foreshore and Seabed Act 2004
1: If an application is made under section 355(1) section 355(3)
2: However, subsection (1) section 13(1) of the Foreshore and Seabed Act 2004
a: a coastal permit has been granted to carry out the reclamation; or
b: the Minister of Conservation has entered into a written agreement with the applicant to vest a right, title, or interest in the relevant land; or
c: an enactment has provided for a right, title, or interest in the relevant land to be vested in the applicant.
3: If subsection (1)
a: must not vest an estate in fee simple in the relevant land; but
b: may vest in the applicant a lesser right, title, or interest in the reclaimed land.
4: Subsection (3)(b)
a: in the case of a port company or port operator referred to in section 107B(2)(e)
i: for a leasehold interest granted to it, so long as that interest does not exceed 50 years (though it may include a perpetual right of renewal on the same terms as the original lease, to the extent that the land continues to be used for port facilities):
ii: for any other interest granted to it, so long as that interest, together with any rights of renewal, does not exceed 50 years; and
b: in the case of any other entity, so long as the interest granted to it, together with any rights of renewal, does not exceed 50 years.
5: In vesting an interest in reclaimed land under subsection (4)
a: control the use to which the land may be put:
b: protect access rights in the coastal marine area, subject to any limits imposed by or under any enactment.
355AB: Application for renewals
1: The holder of a right, title, or interest granted under section 355AA(3)(b)
a: may apply to the Minister of Conservation, not later than 3 months before the expiry of the existing right, title, or interest, for a renewal of the right, title, or interest in the same, or part of the same, relevant land; and
b: has the right to have the application considered and determined before any other application may be considered for a right, title, or interest in the same land.
2: If an application is made under subsection (1)
36: Schedule 1
1: Clause 2 of Schedule 1 of the principal Act is amended by repealing subclause (2), and substituting the following subclause:
2: A proposed regional coastal plan must be prepared by the regional council concerned in consultation with—
a: the Minister of Conservation; and
b: iwi authorities of the region; and
c: the board of any foreshore and seabed reserve in the region.
2: Clause 3(1) paragraph (d) ; and
e: the board of any foreshore and seabed reserve in the area.
3: Clause 5(4) paragraph (f) ; and
g: the board of any foreshore and seabed reserve in the area.
4: Clause 20(4) paragraph (f) ; and
g: the board of any foreshore and seabed reserve in the area.
37: Schedule 4 Schedule 4 clause 1
1A: Matters that must be included in an assessment of effects on the environment
An assessment of effects on the environment for the purposes of section 88
38: New
Schedule 12 The principal Act is amended by adding the Schedule 12
39: Regulation amended
Regulation 10(2) Resource Management (Forms, Fees, and Procedure) Regulations 2003
h: the holder of a customary rights order who, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions.
40: Continuation and completion of applications, etc, under principal Act
1: This section applies if, before 17 January 2005,—
a: an application has been made for a resource consent or for any matter in relation to a resource consent (including a change or review of conditions of an existing consent); or
b: a policy statement, plan, change, or variation has been publicly notified.
2: The continuation and completion of a matter referred to in subsection (1)
3: However, a submission, request, or application made under section 85B(1)
41: Continuation and completion of appeals, etc, under principal Act
1: If, before the commencement of this section, an appeal has been lodged or an objection made, the continuation and completion of that appeal or objection must be in accordance with the principal Act as if this Act had not been enacted.
2: However, an appeal lodged after 17 January 2005 must be determined in accordance with the principal Act as amended by this Act.
3: If, before 17 January 2005, an application for a subdivision consent has been made, the continuation and completion of all proceedings in relation to that subdivision, including the approval and deposit of a survey plan, must be in accordance with the principal Act as if this Act had not been enacted.
4: If, before 17 January 2005, a declaration, enforcement, or abatement action under Part 12
42: Coastal permits relating to public foreshore and seabed
1: In this section and section 43 authorisation
2: This section and section 43
a: before the commencement of section 13(1) Foreshore and Seabed Act 2004
i: land of the Crown; or
ii: land vested in a regional council; but
b: after the commencement of section 13(1) Foreshore and Seabed Act 2004
3: If an activity is carried out under an authorisation granted by the relevant local authority, as the land owner, to occupy land in, or remove sand, shingle, shell, or other natural material from, the public foreshore and seabed,—
a: the authorisation must be treated as a coastal permit for the activity granted under the principal Act; and
b: the same terms and conditions apply as applied under the authorisation; and
c: the provisions of the principal Act apply.
4: Despite section 17 Foreshore and Seabed Act 2004 subsection (3)
43: Activities carried out without authorisation
If an activity that involves an occupation of land in, or the removal of sand, shingle, shell, or other natural material from, the public foreshore and seabed is being carried out without an authorisation granted by the relevant local authority, as the land owner, section 12(2)


1: Title
1: This Act is the Civil Aviation Amendment Act (No 2) 2004.
2: In this Act, the Civil Aviation Act 1990 the principal Act
2: Commencement
This Act comes into force on 1 December 2004.
3: Interpretation
Section 2 Minister Ministry Secretary Minister Ministry Secretary .
4: New
sections 14 to 14C The principal Act is amended by repealing section 14
14: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under international civil aviation agreements are implemented.
14A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in civil aviation:
b: to administer New Zealand's participation in the Convention and any other international aviation convention, agreement, or understanding to which the Government of New Zealand is a party:
c: to administer the Crown's interest in the aerodromes referred to in Part 10
d: to make rules under this Act.
14B: Search and rescue operations
1: The Minister—
a: must establish, maintain, and operate a search and rescue co-ordination centre to co-ordinate and conduct—
i: an aviation search and rescue operation; and
ii: a maritime search and rescue operation; and
iii: any other search and rescue operation that the Minister considers appropriate; and
b: may exercise any powers that may be necessary or desirable—
i: for the effective co-ordination and performance of a search and rescue operation specified in paragraph (a)
ii: to implement any international convention or agreement relating to search and rescue to which New Zealand is a party; and
c: may appoint persons to, either generally or in any particular case, participate in or co-ordinate a search and rescue operation specified in paragraph (a)
2: The Minister may authorise the payment, out of money appropriated for the purpose by Parliament, of an amount that the Minister considers appropriate to—
a: any person who assisted in a search and rescue operation specified in subsection (1)(a) subsection (1)(c)
b: the owner of any vehicle, ship, or aircraft used in a search and rescue operation specified in subsection (1)(a) subsection (1)(c)
14C: Minister may direct agencies with respect to search and rescue operations
The Minister may direct the Civil Aviation Authority or the Maritime Safety Authority, or any other Crown entity or government agency for which the Minister is responsible and whose functions are consistent with search and rescue operations, to do any or all of the following:
a: operate and maintain the search and rescue co-ordination centre established under section 14B(1)(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a)
d: exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2)
5: Power of Minister to make ordinary rules
Section 28(1) paragraph (c)
c: assisting aviation safety and security, including (but not limited to) personal security:
ca: assisting economic development:
cb: improving access and mobility:
cc: protecting and promoting public health:
cd: ensuring environmental sustainability:
ce: any matter related or reasonably incidental to any of the following:
i: the Minister's objectives under section 14
ii: the Minister's functions under section 14A
iii: the Authority's objectives under section 72AA
iv: the Authority's functions and duties under section 72B
v: the Director's functions and powers under section 72I .
6: Matters to be taken into account in making rules
Section 33(2) paragraphs (e) (f)
e: the need to maintain and improve aviation safety and security, including (but not limited to) personal security:
f: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: protects and promotes public health:
iv: ensures environmental sustainability:
fa: the costs of implementing measures for which the rule is being proposed: .
7: New
section 72AA The principal Act is amended by inserting, after section 72A
72AA: Objective of Authority
The objective of the Authority is to undertake its safety, security, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system.
8: Functions of Authority
1: Section 72B subsections (1) (4)
2: Section 72B(2) In furtherance of its principal function, the Authority shall also have the following functions: The Authority has the following functions:
3: Section 72B(2) paragraphs (a) to (c)
a: to promote civil aviation safety and security in New Zealand:
b: to promote civil aviation safety and security beyond New Zealand in accordance with New Zealand's international obligations: .
4: Section 72B(2) paragraph (i)
i: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the functions and duties of the Authority will not be compromised:
ia: to provide information and advice with respect to civil aviation, and to foster appropriate information education programmes with respect to civil aviation, that promote its objective: .
5: Section 72B subsection (2A)
2A: The Authority must, if directed to do so by the Minister under section 14C
a: operate and maintain the search and rescue co-ordination centre established under section 14B(1)(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a)
d: exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2)
6: Section 72B subsection (3)
3: The Authority must carry out any other civil aviation functions and duties that—
a: are conferred on it by this Act or any other Act; and
b: the Minister may prescribe by notice in the Gazette
9: Director of Civil Aviation
Section 72I subsection (3)(b) ; and
c: monitor adherence, within the civil aviation system, to any regulatory requirements relating to—
i: safety and security, including (but not limited to) personal security:
ii: access and mobility:
iii: public health:
iv: environmental sustainability:
v: any other matter; and
d: ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security.
10: Functions and duties of Aviation Security Service
Section 80 paragraph (ea)
eb: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Aviation Security Service are satisfied that the performance of the functions and duties of the Aviation Security Service will not be compromised: .
11: Limitation of liability
1: Section 91G(2) Articles 21 and 22 Article 21 or Article 22
2: Section 91G subsection (3)
3: A court before which proceedings are brought to enforce a liability that is limited by Article 21 or Article 22 Article 22
a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
b: make any part of its award conditional on the result of any other proceedings.
12: Repeals
1: Schedule 2 Civil Aviation Amendment Act 2004 Civil Aviation Amendment Act 2002
2: Section 29(5) Civil Aviation Amendment Act 2002
3: Section 199 Maritime Transport Act 1994
13: Transitional provisions relating to rules
1: Nothing in this Act affects the validity of a rule that—
a: was in force immediately before the commencement of this Act; or
b: has been made but is to come into force after the commencement of this Act.
2: If a notice of intention to make a rule has been published under section 34(1)(a)
a: the proposed rule may be made in accordance with the law in force immediately before that commencement; or
b: if the Minister so directs, a new rule may be prepared, notified, and made in accordance with the law in force on the commencement of this Act.


Land Transport Amendment Act 2004

1: Title
1: This Act is the Land Transport Amendment Act 2004.
2: In this Act, the Land Transport Act 1998 the principal Act
2: Commencement
1: Section 7
2: The rest of this Act comes into force on 1 December 2004.
3: Interpretation
1: Section 2(1) Authority Board Minister Transfund performance agreement service charter
2: Section 2(1) Authority section 66 of the Land Transport Management Act 2003 Minister .
3: Section 2(1) Director Safety
4: New
section 152 The principal Act is amended by repealing section 152
152: Power of Minister to make ordinary rules
The Minister may make rules ( ordinary rules
a: safety and licensing for any form of transport within the land transport system, including (but not limited to) technical requirements and standards:
b: assisting land transport safety and security, including (but not limited to) personal security:
c: assisting economic development:
d: improving access and mobility:
e: protecting and promoting public health:
f: ensuring environmental sustainability:
g: any matter related, or reasonably incidental, to any of the following:
i: the Minister's objectives under section 169
ii: the Minister's functions under section 169A
iii: the Director's functions and powers referred to in section 197
iv: the Authority's objectives under section 68 of the Land Transport Management Act 2003
v: the Authority's functions under section 69 of the Land Transport Management Act 2003
h: any other matter contemplated by a provision of this Act.
5: Matters to be taken into account in making rules
Section 164(2) paragraphs (d) (e)
d: the need to maintain and improve land transport safety and security, including (but not limited to) personal security:
e: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: protects and promotes public health:
iv: ensures environmental sustainability:
ea: the costs of implementing measures for which the rule is being proposed: .
6: New
sections 169 169A The principal Act is amended by repealing section 169
169: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under international agreements relating to land transport are implemented.
169A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in land transport:
b: to administer New Zealand's participation in any international convention, agreement, or understanding relating to land transport to which the Government of New Zealand is a party:
c: to make ordinary rules under this Act.
7: Regional land transport committees
Section 178 subsection (2)
2A: Each regional council must appoint a sufficient number of persons to represent a balance of the objectives specified in subsection (2)(a)
2B: A person appointed with respect to subsection (2)(a) or (b)
a: must be from the wider regional community; and
b: must not be a representative of that council, any other territorial authority in that region, or the Authority.
8: New
section 186 The principal Act is amended by repealing section 186
186: Director of Land Transport
1: The Authority must from time to time appoint a Director of Land Transport.
2: The Director may, but need not, be the chief executive of the Authority.
3: The terms and conditions of employment of the Director are determined by the Authority.
4: The Authority may not, in determining terms and conditions under subsection (3)
a: consulting the State Services Commissioner; and
b: having regard to all recommendations the State Services Commissioner makes to the Authority about them within a reasonable time of being consulted.
5: A failure to comply with this section does not invalidate the acts of the Director.
9: Functions and powers of Director
Section 197(2)
c: the Director must monitor adherence, within the land transport system, to any regulatory requirements relating to—
i: safety and security, including (but not limited to) personal security:
ii: access and mobility:
iii: public health:
iv: environmental sustainability:
v: any other matter.
10: Technical amendments to principal Act
The principal Act is amended in the manner indicated in the Schedule.
11: Repeals
1: The following provisions of the principal Act are repealed:
a: section 171(2)(c)(ii)
b: section 177(1)(b)
c: section 179(1)(a)
d: sections 184 185
e: section 188
f: section 189
g: sections 190 to 195
h: section 196
i: section 201
j: sections 202 203
2: Schedule 1
12: Transitional provisions relating to rules
1: Nothing in this Act affects the validity of a rule that—
a: was in force immediately before the commencement of this Act; or
b: has been made but is to come into force after the commencement of this Act.
2: If a notice of intention to make a rule has been published under section 161(2)(a)
a: the proposed rule may be made in accordance with the law in force immediately before that commencement; or
b: if the Minister so directs, a new rule may be prepared, notified, and made in accordance with the law in force on the commencement of this Act.


1: Title
1: This Act is the Land Transport Management Amendment Act 2004.
2: In this Act, the Land Transport Management Act 2003 the principal Act
2: Commencement
This Act comes into force on 1 December 2004.
3: Interpretation
1: Section 5 approved safety administration programme Authority land transport Minister safety administration safety administration programme Transfund
2: Section 5 Authority section 66 land transport
a: means—
i: transport on land by any means:
ii: the infrastructure, goods, and services facilitating that transport; and
b: includes—
i: coastal shipping (including transport by means of harbour ferries, or ferries or barges on rivers or lakes) and associated infrastructure:
ii: the infrastructure, goods, and services (including education and enforcement), the primary purpose of which is to improve public safety in relation to the kinds of transport described in paragraph (a)(i) Minister responsible Minister .
3: Section 5 land transport programme section 12 or section 12A
4: Crown's authority to incur certain land transport expenditure
1: Section 9 subsections (4) (5)
4: The Crown incurs a liability to pay to the Commissioner the amount determined by the responsible Minister for the activities or activity classes delivered by the Commissioner under the Authority's approved land transport programme less any revenue received or receivable by the Commissioner from other sources applicable to activities or activity classes in the programme.
2: Section 9(6)
a: omitting the word Transfund the Authority
b: omitting the expression (5) (4)
5: National land transport account
1: Section 10(2) paragraph (a)
ab: to the Authority for approved activities: .
2: Section 10 subsection (2)
2A: Funding under subsection (2)(ab) section 25 section 26
3: Section 10(4) paragraph (b)
b: the costs and expenses of the Authority that—
i: arise out of the performance of its functions and duties; and
ii: have been approved by the responsible Minister; and .
6: Land transport programmes
1: Section 12 subsection (1)
1: In each financial year, every approved organisation that recommends that any activities or activity classes be included in a national land transport programme must, by a date or dates appointed by the Authority,—
a: prepare a land transport programme for the next financial year; and
b: forward copies to the Authority, Transit, the Commissioner, and the Secretary; and
c: make it available to the public in a written form.
2: Section 12(4)
7: New
section 12A The principal Act is amended by inserting, after section 12
12A: Authority's land transport programme
1: In each financial year and if it recommends that any activities or activity classes, including those delivered by the Commissioner, are to be included in a national land transport programme, the Authority must prepare a land transport programme for the next financial year.
2: Before preparing a land transport programme under subsection (1)
3: The Authority must—
a: include in each of its land transport programmes—
i: the recommended funding for the Authority and the Commissioner; and
ii: an estimate of the revenue to be received by the Authority and the Commissioner from sources (other than the national land transport fund) applicable to the outputs for which funding is sought from the national land transport programme; and
b: forward copies of its land transport programme to local authorities, Transit, the Commissioner, and the Secretary; and
c: make its land transport programme available to the public in a written form.
4: The provisions of Part 1 of Schedule 1
5: The Authority must, in preparing a land transport programme, take into account how each activity or activity class—
a: assists economic development; and
b: assists safety and personal security; and
c: improves access and mobility; and
d: protects and promotes public health; and
e: ensures environmental sustainability.
6: The Authority must, in preparing a land transport programme, take into account any current national land transport strategy, the National Energy Efficiency and Conservation Strategy, and any relevant regional land transport strategies.
7: If the Authority prepares a land transport programme under subsection (1)
8: New
section 14 The principal Act is amended by repealing section 14
14: Variation of land transport programmes
1: The organisation responsible for preparing a land transport programme may vary the programme from time to time during the financial year to which it applies,—
a: if the programme has been prepared by the Authority, by agreement with the Minister:
b: in every other case, by agreement with the Authority.
2: The provisions of this Act that apply to the preparation of a land transport programme apply with the necessary modifications to a variation of a land transport programme.
3: The Minister or the Authority (as the case may require) may (without limitation) decline to agree to a variation of a land transport programme if the Minister or the Authority (as the case may require) is satisfied that the subject matter of the variation could reasonably have been included in the organisation's land transport programme.
9: Who must be consulted about land transport programme
1: Section 15 subsections (1)(a) (2)(a) (3)(a) (4)(a)
2: Section 15 subsection (4)
4A: When preparing a land transport programme under section 12A, the Authority must—
a: consult—
i: Transit; and
ii: every affected regional council; and
iii: every affected territorial authority; and
iv: every affected approved organisation; and
v: the Ministry of Health; and
vi: the Accident Compensation Corporation; and
vii: the Commissioner; and
viii: the Secretary; and
ix: the Ministry of Justice; and
x: land transport users and providers; and
xi: affected communities; and
xii: Maori; and
xiii: the public; and
b: carry out the consultation using the special consultative procedures set out in Part 2 of Schedule 2
4B: The Authority need not consult any organisation or person referred to in subsection (4A)
a: an approved organisation has, under clause 2(5) of Schedule 1
b: the approved organisation has already consulted that organisation or person about the activity or activity class.
10: National land transport programme
1: Section 19
a: omitting from subsections (1) (5) Transfund The Authority
b: omitting from subsections (2) (4) Transfund the Authority
2: Section 19 subsection (3)
3: Before adopting a national land transport programme, the Authority must be satisfied that—
a: the programme contributes to the purpose of this Act and contributes to the following:
i: assisting economic development; and
ii: assisting safety and personal security; and
iii: improving access and mobility; and
iv: protecting and promoting public health; and
v: ensuring environmental sustainability; and
b: the Minister's approval has been given under section 12A(7)
11: New
section 20A The principal Act is amended by inserting, after section 20
20A: Authority may not withhold approval of activities and activity classes approved under
section 12A Despite anything in section 20 section 12A
12: New headings and
sections 66 to 74 The principal Act is amended by repealing the Part 3 section 66 66 to 74
3: Administrative provisions relating to Land Transport New Zealand and Transit, and miscellaneous provisions
Land Transport New Zealand
66: Establishment of Land Transport New Zealand
This section establishes Land Transport New Zealand.
67: Crown entity status
The Authority is a Crown entity for the purposes of the Public Finance Act 1989
68: Objective of Authority
1: The objective of the Authority is to allocate resources and to undertake its functions in a way that contributes to an integrated, safe, responsive, and sustainable land transport system.
2: In meeting its objective, the Authority must exhibit a sense of social and environmental responsibility, which includes—
a: avoiding, to the extent reasonable in the circumstances, adverse effects on the environment; and
b: ensuring, to the extent practicable, that persons or organisations preparing land transport programmes—
i: take into account the views of affected communities; and
ii: give early and full consideration to land transport options and alternatives in a manner that contributes to the matters in paragraph (a) and subparagraph (i)
iii: provide early and full opportunities for the persons and organisations listed in section 15
69: Functions of Authority
1: The functions of the Authority are—
a: to promote land transport sustainability in New Zealand:
b: to prepare and adopt a land transport programme under section 12A section 19
c: to review and revise the national land transport programme in accordance with its most recent performance agreement:
d: to approve activities and activity classes:
e: to make payments from the national land transport account as authorised by this Act:
f: to promote safe transport on land in New Zealand:
g: to provide safety information and advice, and to foster appropriate information education programmes that promote its objective:
h: to investigate and review accidents and incidents involving transport on land in its capacity as the responsible safety authority, subject to any limitations set out in the Transport Accident Investigation Commission Act 1990
i: to approve procurement procedures under section 25
j: to maintain and preserve records and documents concerning activities within the land transport system, and in particular to maintain the Land Transport Register under the Land Transport Act 1998
k: to audit the performance of approved organisations in relation to activities approved by the Authority and the operation of the organisation's land transport disbursement account:
l: to assist and advise approved organisations in relation to the Authority's functions, duties, and powers under this Act and the Land Transport Act 1998
m: to fund research, education, and training activities and activity classes:
n: to provide the Minister with any information and advice relating to the Authority's functions that the Minister may request:
o: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the Authority's functions and duties will not be compromised:
p: to carry out any other functions relating to land transport that the Minister requests or directs.
2: The Authority's statutorily independent functions are—
a: to determine whether particular activities should be included in a national land transport programme; and
b: approving activities; and
c: approving procurement procedures.
3: Subsection (2)
a: activities that are included in a land transport programme prepared by the Authority:
b: activities relating to the police.
70: Separate legal personality
The Authority is a legal entity in its own right separate from its board members and the Crown, and continues in existence until dissolved by an Act.
71: Capacity and powers
1: The Authority has—
a: the capacity, rights, powers, and privileges of a natural person; and
b: any additional powers conferred by this Act or any other enactment.
2: The Authority may exercise its powers only for the purpose of carrying out its functions.
72: Authority's board
1: The Authority's board must have at least 6, but no more than 8, board members.
2: The board members are appointed by the responsible Minister.
73: Further provisions about Authority
Schedule 4
74: Use of words Land Transport New Zealand
1: No company or other body may be incorporated or registered under a name that contains the words Land Transport New Zealand or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981
2: On or from the commencement of this Act until the close of 31 December 2006, no company or other body may be incorporated or registered under a name that contains the words Land Transport Safety Authority of New Zealand or the word Transfund or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981
3: Nothing in subsection (1) or subsection (2)
13: Functions
Section 78 paragraph (g)
ga: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and Transit are satisfied that the performance of Transit's functions and duties will not be compromised: .
14: Schedule 1
1: Clause 2 subclause (4)
4: In the case of the Authority, include any activity or activity class to be delivered by the Commissioner.
5: In the case of an approved organisation, include any activity or activity classes that the approved organisation recommends for inclusion in the Authority's land transport programme for the next financial year.
2: Clause 12 subclause (1)
1A: Include any activity or activity class to be delivered by the Commissioner.
15: Schedule 5 The principal Act is amended by repealing clause 3
3: Any directions under clause 8 of Schedule 4
3A: The following matters:
a: the particular activity classes for which funds are to be provided by the Authority:
b: the level of funding for each of those activity classes:
c: the criteria for setting the proportion of funding to approved organisations for approved activities.
16: Technical amendments to principal Act
The principal Act is amended in the manner indicated in Schedule 1
17: Repeals
The following provisions of the principal Act are repealed:
a: section 28
b: sections 29 to 33
c: section 100(3) (4)
d: Schedule 3
18: Dissolution of Land Transport Safety Authority and Transfund
1: The Land Transport Safety Authority and Transfund New Zealand are dissolved.
2: Schedule 2
19: Amendments to enactments
1: The Acts specified in Part 1
2: The regulations specified in Part 2
20: General savings provision
Except as otherwise expressly provided in this Act, nothing in this Act affects the completion of a matter or thing, or the bringing or completion of proceedings, that relates to an existing right, interest, title, immunity, or duty.
21: Transitional regulations
Section 21 expired 1 July 2006 22
22: Expiry of
section 21 Section 21 2003 No 118 113


Maritime Transport Amendment Act 2004

1: Title
1: This Act is the Maritime Transport Amendment Act 2004.
2: In this Act, the Maritime Transport Act 1994 the principal Act
2: Commencement
1: Section 11
2: The rest of this Act comes into force on 1 December 2004.
3: Interpretation
1: Section 2(1) Minister Ministry
2: Section 2(1) Minister Ministry Secretary .
4: New
sections 5 5A The principal Act is amended by repealing section 5
5: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under the conventions are implemented.
5A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in maritime transport:
b: to promote protection of the marine environment:
c: to administer New Zealand's participation in the conventions and any other international maritime or marine protection convention, agreement, or understanding to which the Government of New Zealand is a party:
d: to ensure New Zealand's preparedness for, and ability to respond to, marine oil pollution spills:
e: to make maritime rules and marine protection rules under this Act.
5: Maritime rules relating to other matters
Section 36(1) paragraph (v)
v: assisting maritime safety and security, including (but not limited to) personal security:
w: assisting economic development:
x: improving access and mobility:
y: protecting and promoting public health:
z: ensuring environmental sustainability:
za: any matter related, or reasonably incidental, to any of the following:
i: the Minister's objectives under section 5
ii: the Minister's functions under section 5A
iii: the Authority's objective under section 430
iv: the Authority's functions under section 431
v: the Director's functions under section 439
zb: any other matter contemplated by a provision of this Act.
6: Matters to be taken into account in making maritime rules
Section 39(2) paragraphs (e) (f)
e: the need to maintain and improve maritime safety and security, including (but not limited to) personal security:
f: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: promotes and protects public health:
iv: ensures environmental sustainability:
fa: the costs of implementing measures for which the rule is being proposed: .
7: Matters to be taken into account in making marine protection rules
1: Section 392 paragraph (a)
a: the need to—
i: protect the marine environment:
ii: maintain and improve maritime safety:
ab: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: promotes and protects public health:
iv: ensures environmental sustainability: .
2: Section 392 paragraph (c)
c: the costs of implementing measures for which the rule is being proposed: .
8: New
section 430 The principal Act is amended by repealing section 430
430: Objective of Authority
The objective of the Authority is to undertake its safety, security, marine protection, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system.
9: Functions of Authority
1: Section 431(1) In the furtherance of its principal objective, the Authority shall also have the following functions: The Authority has the following functions:
2: Section 431(1) paragraphs (a) to (d)
a: to promote maritime safety and security, and protection of the marine environment in New Zealand:
b: to promote maritime safety and security, and protection of the marine environment beyond New Zealand in accordance with New Zealand's international obligations: .
3: Section 431(1) paragraph (i)
i: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the Authority's functions and duties will not be compromised:
ia: to provide information and advice with respect to maritime transport and marine protection, and to foster appropriate information education programmes with respect to maritime transport and marine protection, that promote its objective: .
4: Section 431 Maritime Transport Act 1994
3: The Authority must, if directed by the Minister under section 14C of the Civil Aviation Act 1990
a: maintain and operate the search and rescue co-ordination centre established under section 14B(1)(a) of the Civil Aviation Act 1990
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a) of the Civil Aviation Act 1990
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a) of the Civil Aviation Act 1990
d: exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2) of the Civil Aviation Act 1990
10: Director of Maritime Safety
Section 439 subsection (3)(b) ; and
c: monitor adherence, within the maritime transport system, to any regulatory requirements relating to—
i: safety and security, including (but not limited to) personal security:
ii: access and mobility:
iii: public health:
iv: environmental sustainability:
v: any other matter; and
d: ensure regular reviews of the maritime transport system to promote the improvement and development of its safety and security; and
e: promote compliance with safety and maritime pollution standards in the maritime transport system.
11: Transitional provisions relating to references to Maritime Safety Authority and Director of Maritime Safety
1: Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, or notice, or in any other document in force immediately before the commencement of this section,—
a: every reference to the Maritime Safety Authority is, on and after that commencement, to be read as a reference to Maritime New Zealand:
b: every reference to the Director of Maritime Safety is, on and after that commencement, to be read as a reference to the Director of Maritime New Zealand.
2: The principal Act is amended in the manner indicated in Part 1
3: The Acts specified in Part 2
4: The regulations specified in Part 3
12: Transitional provisions relating to rules
1: Nothing in this Act affects the validity of a rule that—
a: was in force immediately before the commencement of this Act; or
b: has been made but is to come into force after the commencement of this Act.
2: If a notice to make a rule has been published under section 446(a)
a: the proposed rule may be made in accordance with the law in force immediately before that commencement; or
b: if the Minister so directs, a new rule may be prepared, notified, and made in accordance with the law in force on the commencement of this Act.


Electoral Amendment Act 2004

1: Title
1: This Act is the Electoral Amendment Act 2004.
2: In this Act, the Electoral Act 1993 the principal Act
2: Commencement
1: Sections 5 6
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: amend section 55
b: make other amendments to the principal Act.
4: Membership
1: Section 8(4) Part 6 sections 69 to 80
2: Section 8
5: For the purposes of its jurisdiction under section 80A of the Broadcasting Act 1989 subsection (1)
5: How vacancies created
1: Section 55(1)
b: if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or .
2: Section 55(1) paragraph (c)
ca: if he or she ceases to be a New Zealand citizen; or
cb: if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—
i: a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or
ii: a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or .
6: New
section 55AA The principal Act is amended by inserting, after section 55
55AA: Dual or multiple citizenship permissible in certain circumstances
Despite section 55(1)(b) and (c)
a: becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member's—
i: country or place of birth; or
ii: descent; or
b: renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.
7: Definitions
Section 55E appropriate person appropriate person .
8: New
section 221B The principal Act is amended by inserting, after section 221A
221B: Display of advertisement of a specified kind
1: During the period beginning 2 months before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to—
a: any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or
b: any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind.
2: In this section advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 square metres in size and that—
a: encourages or persuades or appears to encourage or persuade voters to vote for a party registered under Part 4
b: is used or appears to be used to promote or procure the election of a constituency candidate; but
c: does not include—
i: an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or
ii: an advertisement broadcast over any television station or by any electronic means of communication.
3: Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority.
9: New
sections 267A 267B The principal Act is amended by inserting, after section 267
267A: Regulations relating to advertisement of a specified kind
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations regulating—
a: all or any of the following matters in relation to an advertisement of a specified kind:
i: design:
ii: layout:
iii: shape:
iv: colour:
b: the procedures to be followed by any person before displaying an advertisement of a specified kind.
2: Regulations made under subsection (1)(a)
a: may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and
b: apply only during the period beginning 2 months before polling day and ending with the close of the day before polling day.
3: Regulations made under subsection (1)
a: impose different requirements for an advertisement of a specified kind depending on how it is published:
b: override or modify any other enactment and any bylaw or other instrument.
4: In this section, advertisement of a specified kind section 221B(2)
5: This section is subject to section 267B
267B: Requirements before Minister can recommend that regulations be made
1: The Minister may not recommend the making of any regulations under section 267A(1)(a)
a: the Minister has consulted with the Minister who is for the time being responsible for the administration of the Land Transport Act 1998
b: the Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and
c: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and
d: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.
2: The Minister may not recommend the making of any regulations under section 267A(1)(b)
a: the Minister has consulted with the Minister of Local Government; and
b: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and
c: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.
10: Schedule 1 Clause 2A
4: At any meeting of the Commission—
a: the quorum necessary for the transaction of business under Part 6 of the Broadcasting Act 1989
b: for the purpose of transacting business under sections 69 to 80 of the Broadcasting Act 1989 section 8(4)(b)


Broadcasting Amendment Act 2004

1: Title
1: This Act is the Broadcasting Amendment Act 2004.
2: In this Act, the Broadcasting Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to amend Part 6
4: Interpretation
1: Section 69(1) by-election section 3(1) of the Electoral Act 1993 RNZ TVNZ .
2: Section 69(1) election election
a: means a general election; and
b: includes, in sections 70, 79, 79A, 79C, and 80 .
5: New
section 69A The principal Act is amended by inserting, after section 69
69A: Limited application of this Part to by-elections
1: Sections 70A to 77A
2: If there is any inconsistency between subsection (1) subsection (1)
6: Prohibition on paid election programmes
1: Section 70(2)
a: an opening address or closing address that is broadcast—
i: for a political party or group of related political parties; and
ii: by TVNZ or RNZ during time allocated to that political party or group of related political parties under section 73(1) .
2: Section 70(2)(c) subparagraph (ii)
ii: relating solely to 1 named constituency candidate at an election; and .
3: Section 70
4: For the purposes of subsection (2)(c)(ii) constituency candidate
7: New
section 70B The principal Act is amended by repealing section 70B
70B: Time by which notice must be given
Every notice given under section 70A(3) section 70A(1)
8: Contents of notice
1: Section 70C(d)
2: Section 70C(f) subparagraph (ii)
ii: that the party is intending to apply for registration on the Register of Political Parties in order to be registered at the date of dissolution or expiry of Parliament; and .
3: Section 70C paragraph (g)
g: whether or not the political party intends to submit a list under section 127 of the Electoral Act 1993
9: Persons deemed to be candidates
Section 70D
10: New
sections 71 to 73 The principal Act is amended by repealing sections 71 to 73
71: Opening addresses and closing addresses to be broadcast free
1: TVNZ and RNZ must each provide time, free of charge, for the broadcasting, in an election period, of the opening addresses and closing addresses of political parties.
2: TVNZ must broadcast opening addresses and closing addresses on 1 free-to-air channel with national coverage.
3: RNZ must broadcast opening addresses and closing addresses on the service known as National Radio.
4: Opening addresses and closing addresses must be broadcast in accordance with section 77A
71A: Electoral Commission to ascertain time available for opening addresses and closing addresses
1: During the term of each Parliament, or as soon as practicable after a Parliament is dissolved or expires, the Electoral Commission must require TVNZ and RNZ to supply a statement of the amount of time that each of them will provide, free of charge, for the broadcasting of the opening addresses and closing addresses of political parties at the next election.
2: The statement must be supplied to the Electoral Commission within such reasonable time as the Electoral Commission specifies. The Electoral Commission may at any time shorten or extend that deadline, whether before or after it has expired.
3: A statement provided in accordance with this section—
a: may include proposals for the allocation, to political parties, of the time that will be provided for the broad-casting of opening addresses and closing addresses; and
b: must state any conditions proposed in relation to the scheduling and duration of opening addresses and closing addresses within the time that the broadcaster will provide.
4: In making proposals under subsection (3)(a) section 75
72: Electoral Commission to refer statements to political parties
1: As soon as practicable after receiving statements from TVNZ and RNZ in accordance with section 71A
a: each political party that has given a notice to the Electoral Commission under section 70A(3)
b: the Minister of Justice.
2: The Electoral Commission must ensure, as far as practicable, that each of the intended recipients receives copies of the statements on the same day.
73: Allocation of time to political parties
1: In respect of each election period, the Electoral Commission must allocate to political parties, in such proportions as the Electoral Commission considers appropriate, the time that TVNZ and RNZ have made available for opening addresses and closing addresses in accordance with section 71A
2: In allocating time to political parties under subsection (1)
a: must consider whether any proposals made under section 71A(3)(a)
b: must modify proposals made under section 71A(3)(a) section 75
3: The Electoral Commission must not allocate any time to an individual political party under this section if that political party has received an allocation of time under this section as part of a group of related political parties.
4: This section is subject to sections 75, 75A, and 76
11: Application and payment of allocation
1: Section 74B subsection (2)
2: Every political party to which an amount of money is allocated under section 74A
a: all accounts issued to the political party in respect of the expenditure by that political party of its allocation; and
b: any information in relation to those accounts that the Electoral Commission requires.
2A: No account that is received by the Electoral Commission from a political party after the end of the period specified in subsection (2) section 74A
2: Section 74B
5: An amount of money that has been allocated to a political party under section 74A subsection (4)
12: Criteria in relation to allocation of time and money to political parties
1: Section 75 subsection (1)
1: The Electoral Commission must not allocate any time to a political party under section 73 section 74A
a: that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and
b: that party has given to the Electoral Commission, in relation to that election, a notice that complies with the requirements of sections 70A(3), 70B, and 70C
2: Section 75(2) paragraph (c)
c: the number of members of Parliament who were members of that political party immediately before the dissolution or expiration of Parliament; and .
3: Section 75(2)(f) subsection (1)(a)(i) subsection (1)
4: Section 75 subsection (3)
3: Despite anything in subsection (1) or subsection (2) section 73 section 74A
13: New
sections 75A 76 The principal Act is amended by repealing sections 75A 76
75A: Consultation with broadcasters
1: The Electoral Commission must not allocate time under section 73 section 74A section 77A(5)(a)
a: the Electoral Commission has—
i: consulted with those broadcasters that are likely to be affected by the allocation or determination; and
ii: provided those broadcasters with the opportunity to give the Electoral Commission their comments on the proposed allocation or determination; and
b: the Electoral Commission has considered those comments (if any).
2: If the Electoral Commission adopts in full, under section 73 section 71A(3)(a) subsection (1)
3: If, after complying with subsection (1)
4: The failure of any broadcaster to make use of the opportunity to consult with, or to give comments to, the Electoral Commission under subsection (1)
a: does not prevent the Commission making—
i: an allocation of time under section 73
ii: an allocation of money under section 74A
iii: a determination under section 77A(5)(a)
b: does not affect the validity of any allocation or determination made under any of those sections.
76: Consultation with political parties
1: The Electoral Commission must comply with subsection (2)
a: before allocating time to a political party under section 73
b: before allocating any money under section 74A
c: before making any determination under section 77A(5)(a)
2: Before doing any of the things referred to in subsection (1) section 70A(3)
3: If, after complying with subsection (2)
4: The failure of any political party to make use of the opportunity to meet with and be heard by the Electoral Commission under subsection (2)
a: does not prevent the Commission making—
i: an allocation of time under section 73
ii: an allocation of money under section 74A
iii: a determination under section 77A(5)(a)
b: does not affect the validity of any allocation or determination made under any of those sections.
14: Power of Electoral Commission to vary allocations
1: Section 76A(1) paragraph (d)
da: the party fails to comply with any conditions imposed by the Electoral Commission under section 74A(2)(b) .
2: Section 76A(1)(f)
3: Section 76A(4) paragraphs (b) (c)
b: the secretary of a political party has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993
15: New
sections 76C to 77A The principal Act is amended by repealing sections 76C to 77A
76C: Procedure in relation to early elections
1: This section applies if, at the time Parliament is dissolved or expires, either—
a: the Electoral Commission has not specified a date under section 70A(1)
b: the Electoral Commission has specified such a date, but that date has not yet passed.
2: If this section applies,—
a: this Part applies subject to the modifications specified in section 76D
b: any notice given by the Electoral Commission under section 70A(1)
76D: Modifications to application of this Part if
section 76C
1: At the earliest available opportunity, the Electoral Commission must specify, by notice in the Gazette section 73 section 74A
2: Each political party that considers it will qualify for an allocation of time under section 73 section 74A
3: For the purposes of subsection (2) section 75(1) section 73 section 74A
a: that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and
b: no later than the date specified under subsection (1) subsection (4)
4: The requirements referred to in subsection (3)(b)
a: the notice must comply with the requirements of subsection (2)
b: the notice must comply with the requirements of paragraphs (a), (b), (c), (e), and (g) of section 70C
5: The Electoral Commission may set, for the consultation required under section 75A(1)(a)
6: The Electoral Commission may require any political party that wishes to make use of the opportunity to meet with and be heard by the Electoral Commission under section 76(2)
77: Broadcasting of opening addresses and closing addresses
1: TVNZ and RNZ must act in accordance with the allocations of time under section 73
2: Subsection (3)
a: any broadcaster and any political party; or
b: any broadcaster and any other broadcaster; or
c: any political party and any other political party.
3: If there is a dispute,—
a: the Electoral Commission is to decide the matter in dispute; and
b: the Electoral Commission's decision is final.
77A: Opening addresses and closing addresses
1: Opening addresses and closing addresses for which time has been allocated to political parties under section 73
2: All closing addresses must be broadcast on the same night in the last week of the election period.
3: An advertising programme must not be broadcast—
a: during an opening address:
b: during a closing address:
c: between different closing addresses.
4: An election programme that is not an opening address or a closing address must not be broadcast—
a: during an opening address:
b: between different opening addresses that are broadcast on the same night:
c: during a closing address:
d: between different closing addresses.
5: The Electoral Commission must—
a: determine each amount to be paid to TVNZ or RNZ on account of the production costs of every opening address and every closing address broadcast under section 71
b: pay that amount to the person who issued the account for the production costs of the opening address or closing address.
6: Each amount paid under subsection (5)(b) section 74(2) section 74(1)
16: Obligation to give identical terms to each political party or candidate
Section 79B(1) , whether by way of a reply under section 71A of this Act
17: New
sections 79C 79D The principal Act is amended by repealing section 79C
79C: Returns in relation to broadcasting time
1: After each election, every broadcaster must give the Electoral Commission a complete and accurate written statement of the election programmes broadcast by that broadcaster during the 3-month period immediately preceding polling day for the election.
2: The statement must be given to the Electoral Commission no later than 10 working days after the end of the month in which the election was held.
3: The statement must set out the following information in relation to each election programme:
a: the candidate or political party for whom the election programme was broadcast:
b: the length of the election programme and the time at which it was broadcast:
c: the date on which the election programme was broadcast:
d: the amount paid for the broadcasting of the election programme, and the rate or rates by which that amount was fixed.
4: The statement must be signed by or on behalf of the broadcaster.
79D: Returns to be available for public inspection
The Electoral Commission must, not later than 3 working days after it receives a statement under section 79C
18: Offences
Section 80(a) or section 77(2)
19: New
section 80A The principal Act is amended by inserting, after section 80
80A: Duty to report suspected offences
Where the Electoral Commission believes that any person has committed an offence against section 80