Weights and Measures Amendment Act 2013

1: Title
This Act is the Weights and Measures Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Weights and Measures Act 1987 2013-12-18 Weights and Measures Act 1987
4: Long Title repealed
The Long Title
5: New section 1A inserted
The following section is inserted after section 1
1A: Purpose
1: The purpose of this Act is to contribute to a trading environment in which—
a: the interests of consumers are protected; and
b: businesses compete effectively; and
c: consumers and businesses participate confidently.
2: To this end, the Act—
a: establishes a system of weights and measures to be used for trade; and
b: regulates the use of weights and measures for trade.
6: Interpretation
1: The definition of district standards section 2
2: The definition of infringement fee section 2 infringement fee section 41B .
3: Paragraph (a) of the definition of infringement offence section 2 sections 10, 14, 15, 16, 16A, 17, 21, and 24 sections 8, 10, 14, 15, 15A, 16, 16A, 17, 18, 21, 22B, and 24
4: Section 2 infringement notice reference standards .
7: New section 6 substituted
Section 6
6: Reference standards
1: The Secretary must nominate 1 or more Inspectors, and may nominate 1 or more accredited persons, to maintain, as reference standards for the purposes of this Act,—
a: copies of the departmental standards; or
b: standards that are of the same or greater accuracy as the departmental standards.
2: Reference standards must be verified from time to time, at intervals not exceeding 5 years, by reference to—
a: the departmental standards; or
b: the standards referred to in section 5(3)(a) or (b).
3: Unless it is impracticable to do so, a reference standard must be marked with all of the following:
a: a Crown and the letters NZ:
b: figures indicating the unit of the weight or measure and the numerical value of that unit:
c: any other symbols, letters, or figures prescribed by regulations made under section 41(ab)
4: The marks must, where practicable, appear on the reference standard,—
a: in the case of the marks described in subsection (3)(a), in close proximity to each other; and
b: in the case of the marks described in subsection (3)(c), in the form and manner (if any) prescribed by regulations made under section 41(ac)
8: Inspectors' working standards
1: Section 7(1) district standards reference standards
2: Section 7
3: Unless it is impracticable to do so, an Inspectors' working standard must be marked with all of the following:
a: a Crown and either—
i: the letters NZ; or
ii: the letters SW (signifying standard weight) in the case of a weight or SM (signifying standard measure) in the case of a measure:
b: figures indicating the unit of the weight or measure and the numerical value of that unit:
c: any other symbols, letters, or figures prescribed by regulations made under section 41(ab)
4: The marks must, where practicable, appear on the Inspectors' working standard,—
a: in the case of the marks described in subsection (3)(a), in close proximity to each other; and
b: in the case of the marks described in subsection (3)(c), in the form and manner (if any) prescribed by regulations made under section 41(ac)
9: Accredited persons' working standards
Section 7A(2)(b) district standards reference standards
10: New section 13 substituted
Section 13
13: Obligation in respect of invoice or delivery note
1: This section applies to a person who delivers to a purchaser at a place other than the premises of the seller any goods sold by weight or measure other than goods that are—
a: weighed or measured at the premises of the purchaser in the purchaser's presence; or
b: enclosed in a package that is marked or labelled with a statement of the net weight or measure of the goods; or
c: exempted from the provisions of this section by regulations made under section 41(x).
2: The person must, as soon as practicable, deliver or send to the purchaser an invoice or delivery note that shows, in the form and manner (if any) prescribed by regulations made under section 41(xaa)
a: the true net weight or measure of those goods; and
b: the address, telephone numbers, and email address (if any) of the seller.
11: New sections 15 and 15A substituted
Section 15
15: Counting of goods sold by retail
1: This section applies if a person offers or exposes goods for retail sale by number.
2: If the goods are not prepackaged when offered or exposed for sale, the person must ensure that the goods are counted—
a: before or at the time of sale; and
b: by or in the presence of the purchaser.
3: If the goods are prepackaged and counted at the premises or place where they are offered or exposed for sale before they are offered or exposed for sale, the person must, at the request of the purchaser, count the goods in the presence of the purchaser.
4: A person who contravenes this section commits an offence.
15A: Weighing and measuring of goods sold by retail
1: This section applies if a person offers or exposes goods for retail sale by weight or measure.
2: If the goods are not prepackaged when offered or exposed for sale, the person must ensure that the goods are weighed or measured, by or in the presence of the purchaser, in accordance with subsection (4).
3: If the goods are prepackaged and weighed or measured at the premises or place where they are offered or exposed for sale before they are offered or exposed for sale, the person must, at the request of the purchaser, weigh or measure the goods in the presence of the purchaser in accordance with subsection (4).
4: For the purposes of subsections (2) and (3), the goods must be weighed or measured—
a: before or at the time of sale; and
b: using a weighing or measuring instrument that is situated where the purchaser can easily see that instrument, any necessary weights or measures, and the recorded or indicated weight or measurement of the goods.
5: A person who contravenes this section commits an offence.
12: New section 22B inserted
The following section is inserted after section 22A
22B: Certificate of accuracy required for certain weighing or measuring instruments
1: A person who uses for trade, or has in that person's possession for use for trade, a specified weighing or measuring instrument must have a current certificate of accuracy for that instrument.
2: A person who contravenes subsection (1) commits an offence.
3: In this section, specified weighing or measuring instrument section 41(ba)
13: Infringement offences
1: Section 32A
1A: Despite section 21(1)(a) of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the Secretary commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011.
2: Section 32A
4: The Secretary may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
5: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
14: Form and content of infringement notice
1: The heading to section 32B Procedural requirements relating to infringement notices
2: Section 32B(1)(b) specified in respect of that offence in section 33A prescribed in respect of that offence
3: Section 32B
3: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case, section 21 of the Summary Proceedings Act 1957 applies, with all necessary modifications.
4: Reminder notices must be prescribed by regulations made under section 41B
15: New section 32BA inserted
The following section is inserted after section 32B
32BA: Effect of infringement notice
If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.
16: New section 33 substituted
Section 33
33: Penalties
1: Every person who commits an infringement offence is, on being found guilty of, or on pleading guilty to, the offence, liable to a fine not exceeding $10,000.
2: Every person who commits an offence against section 32(a) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000.
3: Every person who commits any other offence against this Act is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day on which the offence has continued; and
b: in the case of a body corporate, to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day on which the offence has continued.
17: Section 33A repealed
Section 33A
18: Regulations
1: Section 41
ab: prescribing symbols, letters, or figures that must be impressed on a reference standard or an Inspectors' working standard:
ac: prescribing the form and manner in which marks must appear on a reference standard or an Inspectors' working standard: .
2: Section 41
ba: specifying the weighing or measuring instruments, or classes of weighing or measuring instruments, that are specified weighing or measuring instruments for the purposes of section 22B .
3: Section 41
xaa: prescribing the form and manner in which information must appear on an invoice or delivery note for the purposes of section 13(2) .
4: Section 41(y) (including infringement notices)
19: New section 41B inserted
The following section is inserted after section 41A
41B: Regulations relating to infringement fees
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the following purposes:
a: prescribing the form of infringement notices and reminder notices:
b: prescribing any particulars that must be included in those notices:
c: prescribing the amount of an infringement fee, which must not exceed $2,000, payable in respect of an infringement offence for which an infringement notice has been issued.


1: Title
This Act is the Secondhand Dealers and Pawnbrokers Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Secondhand Dealers and Pawnbrokers Act 2004 2013-12-18 Secondhand Dealers and Pawnbrokers Act 2004
4: Interpretation
Paragraph (a) of the definition of secondhand dealer section 4
a: who buys (other than for personal use or enjoyment or as a gift), sells, exchanges, or otherwise deals in secondhand articles or scrap metal; and .
5: Secondhand dealers engaged in business to be licensed
Section 6
3: For the purposes of this Act, a person is presumed (in the absence of evidence to the contrary) to be engaged in business as a secondhand dealer if the person—
a: on 6 or more different days within a 12-month period—
i: buys secondhand articles or scrap metal for purposes other than personal use or enjoyment or as a gift; or
ii: sells or exchanges secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift; or
b: within a 12-month period, obtains revenue of more than $2,000 from the sale of secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift.


Carriage of Goods Amendment Act 2013

1: Title
This Act is the Carriage of Goods Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Carriage of Goods Act 1979 2014-06-17 Carriage of Goods Act 1979
4: Limitation of amount of carrier's liability
Section 15(1) $1,500 $2,000


Auctioneers Act 2013

1: Title
This Act is the Auctioneers Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
This Act provides for the registration of auctioneers and for related matters, and repeals the Auctioneers Act 1928
4: Interpretation
1: In this Act, unless the context otherwise requires,— auction
a: bids for the property are placed with the auctioneer in real time, whether in person, by telephone, via the Internet, or by any other means; and
b: the property is sold when the auctioneer so indicates chief executive person concerned in the management of a company
a: a director of the company, as that term is defined in section 126
b: the chief executive of the company, or any person occupying the equivalent position register section 21 registered auctioneer Registrar section 19 vendor
2: To avoid doubt, a process of selling property is not necessarily an auction for the purpose of this Act just because it is described as an auction. For example, a process described as an Internet auction, but that provides that any contract of sale resulting from the process is a contract directly between the winner of the bidding and the seller of the property, is not an auction for the purpose of this Act. Registration requirements
5: Registration of person carrying on business as auctioneer
1: A person must not carry on business as an auctioneer unless the person is registered under this Act as a registered auctioneer.
2: Subsection (1) is subject to the exceptions provided in—
a: sections 48 49
b: section 141
c: any other enactment.
3: A person carries on business as an auctioneer Section 5(2)(a) amended 8 September 2018 section 87(2) Statutes Amendment Act 2018
6: Disqualification from registration
1: A person who is an individual is disqualified from registration if he or she is—
a: under 18 years of age; or
b: an undischarged bankrupt; or
c: a person whose registration under this Act has been cancelled within the preceding 5 years; or
d: prohibited from being a director of, or being concerned or taking part in the management of, an incorporated or unincorporated body under any enactment or order made under any enactment; or
e: a person who has been convicted of a crime involving dishonesty (as defined in section 2(1)
f: a person who has been convicted, within the preceding 5 years, of—
i: an offence against section 40 Part 1 subpart 4
ii: an offence against section 24
g: subject to an order suspending or cancelling a licence under section 110
h: banned, or subject to a banning order, under section 68 69
i: subject to a property order made under section 30 31
2: A company is disqualified from registration if—
a: a person concerned in the management of the company is disqualified from registration under subsection (1); or
aa: the company is not registered under the Companies Act 1993
b: the company's registration under this Act has been cancelled within the preceding 5 years; or
c: the company has been convicted, within the preceding 5 years, of—
i: an offence against section 40 Part 1 subpart 4
ii: an offence against section 24
d: the company is subject to an order suspending or cancelling a licence under section 110
e: the company is banned, or subject to a banning order, under section 68 69
f: the company is in liquidation, receivership, or voluntary administration; or
g: the name of the company has been removed from the register of companies kept under section 360(1)(a) 2003 No 12 ss 24 25 Section 6(1)(e) amended 30 March 2025 section 4(1) Regulatory Systems (Economic Development) Amendment Act 2025 Section 6(2)(aa) inserted 30 March 2025 section 4(2) Regulatory Systems (Economic Development) Amendment Act 2025 Restriction on who registered auctioneers may engage as auctioneer
7: Restriction on who registered auctioneers may engage as auctioneer
A registered auctioneer must not engage an auctioneer to conduct a sale on the registered auctioneer's behalf if the auctioneer is disqualified from registration under section 6(1) Application for registration
8: Application for registration to carry on business as auctioneer
1: A person who wishes to carry on business as an auctioneer may apply to the Registrar, in accordance with this Act, for registration as a registered auctioneer.
2: Every application must—
a: be in the form (if any) prescribed by the Registrar; and
b: include the information and material specified in section 9
c: include the prescribed fee (if any). 2003 No 12 s 31
9: Information and material to be included in application
1: Every application for registration by an individual must set out or be accompanied by the following:
a: the person's full name, residential address, and date of birth; and
b: the trading name, or proposed trading name, of the applicant's auction business; and
c: the address of the principal place at which the applicant carries on, or proposes to carry on, business as an auctioneer; and
d: the applicant's address for service; and
e: a statement that the applicant is not disqualified from registration; and
f: any other prescribed information or material.
2: Every application for registration by a company must set out or be accompanied by the following:
a: the name of the company; and
b: the trading name, or proposed trading name, of the applicant's auction business; and
c: the address of the principal place at which the applicant carries on, or proposes to carry on, business as an auctioneer; and
d: the full name, residential address, and date of birth of each person concerned in the management of the company; and
e: the applicant's address for service; and
f: a statement, made by a person concerned in the management of the company, that the company and each person (who must be individually named) concerned in the management of the company is not disqualified from registration; and
g: any other prescribed information or material.
3: The address for service of an applicant must—
a: identify the place by reference to its street address; and
b: include, if available, the applicant's fax number and email address; and
c: not be that of a PO Box number or a document exchange 2003 No 12 ss 31 32 Section 9(3)(c) amended 30 March 2025 section 5 Regulatory Systems (Economic Development) Amendment Act 2025
10: Acceptance of application
1: The Registrar must accept an application for registration as an auctioneer if he or she is satisfied that the application is properly completed and,—
a: in the case of an application by an individual, that the person is not disqualified from registration; and
b: in the case of an application by a company, that the company and each person concerned in the management of the company are not disqualified from registration.
2: If the Registrar accepts an application, he or she must, as soon as practicable, enter the applicant's name on the register as a registered auctioneer, and provide the applicant with a registration certificate containing a unique registration number and showing the date of registration. 2003 No 12 ss 33 34 36
11: Refusal of application
1: If the Registrar does not accept an application for registration, he or she must give the applicant written notice of the refusal and the reasons for it within 10 working days after the decision is made.
2: The applicant has the right, under section 22 the District Court 2003 No 12 s 35 Section 11(2) amended 1 March 2017 section 261 District Court Act 2016 Duration of registration
12: Registration expires after 12 months
Registration as a registered auctioneer expires 12 months from the date of registration, unless the registration is sooner—
a: renewed by supplying an annual confirmation under section 13
b: cancelled under section 14
c: surrendered by the registered auctioneer. 2003 No 12 s 37
13: Annual confirmation
1: Every registered auctioneer must supply to the Registrar an annual confirmation of details relating to the registered auctioneer.
2: The annual confirmation must—
a: be in the form (if any) required by the Registrar and be accompanied by the prescribed fee (if any); and
b: confirm that the auctioneer is not disqualified from registration.
3: If a registered auctioneer does not comply with subsection (1) before the anniversary of the auctioneer's date of registration, the Registrar may assume the person is no longer carrying on business as an auctioneer and may amend the register of auctioneers accordingly. 2003 No 12 s 39
14: Cancelling registrations
1: The Registrar may cancel the registration of a registered auctioneer if satisfied,—
a: in the case of a registered auctioneer who is an individual, that the individual is disqualified from registration (otherwise than by reason of the making of a property order under section 30
b: in the case of a registered auctioneer that is a company, that the company, or any person concerned in the management of the company, is disqualified from registration; or
c: that the registered auctioneer was registered by reason of any false or fraudulent representation or declaration, whether made orally or in writing; or
d: that any application fee for registration or annual confirmation fee has subsequently been dishonoured; or
e: that the registered auctioneer has ceased to carry on business as an auctioneer; or
f: that the registered auctioneer engaged a person as an auctioneer to conduct a sale on the registered auctioneer's behalf, knowing that the person is disqualified from registration.
2: Before cancelling a registration under this section, the Registrar must notify the registered auctioneer, and the notice must—
a: set out the reasons for the proposed cancellation; and
b: give the registered auctioneer the opportunity to make, within 20 working days after the date of the notice, written submissions as to why the registration should not be cancelled; and
c: state the date (which must be a date after the last date on which submissions may be received) on which the cancellation is proposed to take effect.
3: The Registrar must consider any written submissions received.
4: If the Registrar decides to cancel a registration, the Registrar must give written notice to the registered auctioneer of the cancellation, the date on which it takes effect, and the reason for the cancellation. 2003 No 12 ss 43–45
15: When registered auctioneer ceases to be registered
A registered auctioneer ceases to be registered on the date, determined by the Registrar and shown on the register, that follows the expiry, cancellation, or surrender of the auctioneer's registration. 2003 No 12 ss 45 46 48 49
16: Obligation to notify Registrar of changes
1: A registered auctioneer must notify the Registrar if—
a: any of the following become disqualified from registration:
i: the registered auctioneer (whether an individual or a company):
ii: in the case of a registered auctioneer that is a company, a person concerned in the management of the company:
b: the registered auctioneer knows that any details on the register are no longer correct:
c: the registered auctioneer ceases to carry on business as an auctioneer.
2: Notification under subsection (1) must be made within 10 working days after the relevant matter is known to the registered auctioneer.
3: If, in the case of a registered auctioneer that is a company, a new person becomes concerned in the management of the company, the registered auctioneer must, within 20 working days,—
a: notify the Registrar, in writing, of the person's full name, residential address, and date of birth; and
b: send to the Registrar a statement confirming that the person to whom the notice relates is not disqualified from registration.
4: An applicant for registration must notify the Registrar if the applicant becomes aware, before receiving notice of the decision on the application, that any information included in the application is not, or is no longer, true and correct. 2003 No 12 ss 40 40A Record-keeping obligations
17: Auctioneer record
1: Every registered auctioneer must keep an accurate and up-to-date auctioneer record.
2: An auctioneer record must show the following information with respect to property offered for sale by auction by a registered auctioneer: Vendor
a: the vendor's full name, date of birth, contact address, and contact telephone number (if any):
b: whether the vendor is selling in trade as a supplier (within the meaning of the Consumer Guarantees Act 1993 Property
c: a description of the property: Auction
d: the date of the auction:
e: if the property was auctioned by lot, the lot number:
f: whether the sale was subject to a reserve price:
g: whether vendor bids were permitted:
h: the name of the auctioneer who conducted the sale:
i: the highest bid, and whether it was a vendor bid:
j: the price at which the property was sold:
k: the amount of proceeds paid to the vendor:
l: the date on which the proceeds were paid to the vendor.
3: The information required to be shown in an auctioneer record must be added to the record as soon as practicable after the information is available.
4: The information in an auctioneer record must be kept on the record for at least 3 years. 2004 No 70 ss 51 53
18: Storage and inspection of auctioneer record
1: Every auctioneer record must be kept available for inspection at the address of the principal place at which the registered auctioneer carries on business as an auctioneer.
2: The registered auctioneer must make the auctioneer record available for inspection, on request at any reasonable time, by any of the following:
a: a constable:
b: an employee of the Commerce Commission authorised, in writing, to inspect auctioneer records:
c: a vendor who has sold property through the auctioneer, but only in respect of the parts of the record that relate to the vendor and that property:
d: the Registrar.
3: A registered auctioneer must, on request, give any person who has a right to inspect an auctioneer record a copy of any part of the record that he or she is entitled to inspect. 2004 No 70 ss 53 54 Section 18(2)(d) inserted 30 March 2025 section 6 Regulatory Systems (Economic Development) Amendment Act 2025 Registrar and register
19: Registrar of Auctioneers
1: The chief executive must appoint, under the Public Service Act 2020
2: The person holding office as the Registrar of Companies under the Companies Act 1993
3: The functions of the Registrar are as follows:
a: to establish and maintain a register of registered auctioneers:
b: to determine applications for registration:
c: to issue registration certificates:
d: to cancel registrations under section 14
e: to perform any other function conferred on the Registrar by this Act.
4: The Registrar may delegate any of the Registrar's functions or duties to any other person, except the power of delegation.
5: A delegation must be in writing, may be made subject to any restrictions or conditions the Registrar thinks fit, is revocable in writing at any time, and does not prevent the performance or exercise of any function or duty by the Registrar.
6: A person to whom any functions or duties are delegated may perform them in the same manner, and with the same effect, as if they had been conferred directly by this section.
7: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 2003 No 12 ss 60 61 62 Section 19(1) amended 7 August 2020 section 135 Public Service Act 2020
20: Registrar's certificate
A certificate signed by the Registrar is sufficient evidence, in the absence of proof to the contrary, that—
a: a particular person was or was not registered as an auctioneer at any particular time or during any period specified in the certificate; or
b: any entry in the register is as stated in the certificate. 2003 No 12 s 63
21: Register of auctioneers
1: The Registrar must ensure—
a: that a register of registered auctioneers, called the register of auctioneers, is established and maintained; and
b: that, as far as possible, the information in it is accurate and up to date.
2: The register must be in electronic form and may also be kept in any other form that the Registrar thinks fit.
3: The Registrar must ensure that the part of the register that contains the name, contact details, and address for service of each registered auctioneer is available to the public for inspection via the Internet at all reasonable times. 2003 No 12 ss 52 53 55 Appeals against decisions of Registrar
22: Appeals
1: A person may appeal to the District Court
a: a refusal to register the person as an auctioneer:
b: a decision to cancel the person's registration.
2: An appeal must be made by giving notice of appeal no later than 20 working days after the date on which notice of the decision was communicated to the appellant or such further time as the District Court may allow.
3: In determining an appeal, the District Court
4: A person may appeal to the High Court from a decision by the District Court
5: However, nothing in this section affects the right of any person to apply for judicial review. 2003 No 12 ss 64 67 Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) amended 1 March 2017 section 261 District Court Act 2016 Section 22(4) amended 1 March 2017 section 261 District Court Act 2016
23: Interim order by District Court
1: At any time before the final determination of an appeal relating to a registered auctioneer, the District Court
2: An interim order may be subject to any conditions that the District Court thinks fit.
3: If the District Court 2003 No 12 ss 65 66 Section 23(1) amended 1 March 2017 section 261 District Court Act 2016 Section 23(3) amended 1 March 2017 section 261 District Court Act 2016 Offences
24: Offences
1: A person who fraudulently retains the proceeds of property sold at auction, or fraudulently fails to pay the correct balance to the vendor, or, with intent to defraud the vendor, gives a false account of the sale, commits an offence and is liable on conviction to,—
a: in the case of an individual, a term of imprisonment not exceeding 2 years; or
b: in any other case, a fine not exceeding $200,000.
2: A person who does any of the following commits an offence and is liable on conviction to a fine not exceeding $10,000 (if an individual) or $30,000 (in any other case):
a: carries on business as an auctioneer, contrary to section 5
b: holds out as being a registered auctioneer while not being a registered auctioneer:
c: engages a person to conduct an auction on his or her behalf, knowing that the person is disqualified from registration:
d: gives or makes any statement that is false in a material particular to the Registrar in connection with an application for registration or confirmation of registration:
e: fails to comply with any of the obligations in section 16
f: fails to comply with the requirements of sections 17 18 Regulations
25: Regulations
1: The Governor-General may, by Order in Council, make regulations for the following purposes:
a: prescribing information and material to be included in applications for registration:
b: prescribing fees associated with the registration of auctioneers.
2: Regulations 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 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional provisions
26: Application of Act to existing licence holders and others
1: After the commencement of this Act, the following persons are deemed to have been registered as auctioneers under this Act on the day on which this Act comes into force:
a: every person who carries on business as an auctioneer and who, immediately before the commencement of this Act, holds a licence issued under the Auctioneers Act 1928
b: every person who is in partnership with a person referred to in paragraph (a) and whose name is endorsed on the licence.
2: This Act applies to every person who is deemed to be a registered auctioneer, except as provided in this section.
3: The registration of a person who is deemed to be registered by virtue of subsection (1) expires 6 months after the date on which this Act comes into force.
4: Despite anything in the Auctioneers Act 1928
5: The Registrar is not obliged to ensure that the names and other details of people to whom this section applies are entered onto the register of auctioneers, unless or until they are registered in accordance with this Act. Consequential and other amendments
27: Amendments removing exemption from requirement to be registered
The enactments set out in Part 1 2013-12-18 Land Act 1948 Policing Act 2008 Public Works Act 1981 Sentencing Act 2002
28: Consequential repeal and amendments
1: The Auctioneers Act 1928
2: The Auctioneers Regulations 1958
3: The enactments set out in Part 2 2013-12-18 Auctioneers Act 1928 Auctioneers Regulations 1958 Impounding Act 1955 Motor Vehicle Sales Act 2003 Property Law Act 2007 Protected Objects Act 1975 Real Estate Agents Act 2008 Sale of Goods Act 1908 Sale and Supply of Alcohol Act 2012 Secondhand Dealers and Pawnbrokers Act 2004 Trustee Companies Act 1967 Unclaimed Money Act 1971 Wellington Regional Water Board Act 1972


Royal Succession Act 2013

1: Title
This Act is the Royal Succession Act 2013.
2: Commencement
1: Parts 1 2
2: One or more orders may be made appointing different times and days for different provisions.
3: Before the time and day appointed for a provision by an order under subsection (1) (in this Act called the changeover
4: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 26 March 2015 Royal Succession Act Commencement Order 2015 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Formal and substantive provisions
Formal provisions
3: Purpose
The purpose of this Act is—
a: to implement in New Zealand law changes to the rules of Royal succession approved in principle at a meeting on 28 October 2011, coinciding with the Commonwealth Heads of Government Meeting in Perth, Australia, or agreed through later discussions among the Sovereign's Realms:
b: to provide for the succession to the Crown to be determined without regard to the sex of people born after 12 noon on 29 October 2011 (New Zealand daylight time):
c: to abolish the exclusions from the succession to and possession of the Crown of people who marry a person of the Roman Catholic faith:
d: to provide for the Royal Marriages Act 1772
e: to validate (for purposes other than succession to the Crown purposes) certain marriages solemnised without awareness of, and compliance with, the requirements of the Royal Marriages Act 1772
4: Act binds the Crown
This Act binds the Crown. Substantive provisions
5: Precedence of younger brothers over older sisters in relation to succession to the Crown abolished
1: In the determination of the succession to the Crown, no regard is to be had to the sex of any person born after 12 noon on 29 October 2011 (New Zealand daylight time).
2: The rule of law by which a younger brother or a descendant of his has, in relation to succession to the Crown, precedence over an older sister or a descendant of hers is abolished to the extent that it conflicts with subsection (1).
6: Exclusions from succession to and possession of the Crown of people who marry Roman Catholic abolished
No person is excluded from succeeding to or possessing the Crown by virtue only of marrying, after the changeover, a person of the Roman Catholic faith.
7: Restoration to succession to and possession of the Crown of certain people who have married Roman Catholic
No person alive immediately before the changeover is excluded from succeeding to or possessing the Crown by virtue only of having married, before the changeover, a person of the Roman Catholic faith.
8: Certain people excluded from succession to the Crown on marrying without consent of Sovereign
1: A person who, after the changeover, proposes to marry, and who immediately before marrying is one of the 6 people next in the line of succession to the Crown, must obtain before marrying the consent to the marriage concerned of the Sovereign in right of the United Kingdom of Great Britain and Northern Ireland.
2: The effect of a person's failure to comply with subsection (1) is that the person and the person's descendants from the marriage concerned are excluded from succeeding to the Crown.
9: Certain marriages of descendants of George II validated
1: The Royal Marriages Act 1772
a: at the time the marriage was solemnised, neither party was one of the 6 people next in the line of succession to the Crown; and
b: at the time the marriage was solemnised, the (or each) party descended from His late Majesty King George the Second was unaware, and it was reasonable in all the circumstances for that (or for each such) party not to be aware, that that Act applied to it; and
c: before the changeover, no person has acted on the basis that the marriage was void.
2: A party to the marriage is, for the purposes of this section, aware that that Act applied to it if consent under section 1 section 2
3: Subsection (2) does not limit subsection (1)(b).
2: Application in New Zealand of Imperial Acts
10: Application of Bill of Rights 1688
The Bill of Rights 1688 section 1
a: or by any King or Queene marrying a Papist
b: or shall marry a Papist
c: or marrying OIC LI 2015/54 2015-03-26 Bill of Rights 1688 Parts 1 & 2 come in force at 1 pm on 26 March 2015
11: Application of Act of Settlement 1700
The Act of Settlement 1700
a: deleting from the Preamble or marry a Papist or marrying
b: deleting from section 2 or shall marry a Papist OIC LI 2015/54 2015-03-26 Act of Settlement 1700 Parts 1 & 2 come in force at 1 pm on 26 March 2015
12: Application of Royal Marriages Act 1772
1: On the changeover, the Royal Marriages Act 1772
2: Sections 32 to 35 Royal Marriages Act 1772 OIC LI 2015/54 2015-03-26 Royal Marriages Act 1772 Talked to Michelle about this one. She said to put it down as OIC and if or when it does get OIC, we will find out what to do with it. (Doreen 19/12/2013) | Parts 1 & 2 come in force at 1 pm on 26 March 2015 (MF) Section 12(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
13: Imperial Laws Application Act 1988 amended
1: This section consequentially amends the Imperial Laws Application Act 1988
2: In Schedule 1
a: in the item relating to the Bill of Rights 1688, after (6 Geo 4, c 50) and section 10
b: in the item relating to the Act of Settlement 1700,—
i: after Preamble (as amended by section 11(a)
ii: after (10 Edw 7 and 1 Geo 5, c 29) (and section 11(b)
c: repeal the item relating to the Royal Marriages Act 1772 OIC LI 2015/54 2015-03-26 Imperial Laws Application Act 1988 Parts 1 & 2 come in force at 1 pm on 26 March 2015


1: Title
This Act is the Mokomoko (Restoration of Character, Mana, and Reputation) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Taitara
Ko tēnei ture, ko Te Ture mō Mokomoko (Hei Whakahoki i te Ihi, te Mana, me te Rangatiranga) 2013.
2: Tīmatatanga
Ka whai mana tēnei Ture i te rā i muri tonu mai o te whakaaetanga a te Kāwana-Tianara.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to give legal effect to the agreement between the Crown and te whānau a Mokomoko dated 28 September 2011 relating to statutory recognition of the free pardon dated 15 June 1992 granted to Mokomoko by the Governor-General in exercise of the Royal prerogative of mercy.
2: To that end, this Act—
a: reproduces the text of the free pardon granted to Mokomoko; and
b: acknowledges with regret that the free pardon did not expressly restore the character, mana, and reputation of Mokomoko nor the character, mana, and reputation of his uri and expresses the Crown's regret for any ongoing shame or stigma this has caused for his uri; and
c: acknowledges that the Crown should have consulted te whānau a Mokomoko about the wording of the free pardon; and
d: restores the character, mana, and reputation of Mokomoko and the character, mana, and reputation of his uri; and
e: does not prevent te whānau a Mokomoko from seeking through the Treaty settlement process the settlement of their historical Treaty of Waitangi claims.
4: Interpretation
In this Act, unless the context otherwise requires,— agreement
a: the Minister of Māori Affairs, the Honourable Dr Pita Sharples, for the Crown; and
b: Tuiringa Mokomoko for te whānau a Mokomoko Crown free pardon Schedule uri
a: birth:
b: legal adoption:
c: whāngai (Māori customary adoption) in accordance with tikanga.
5: Act binds the Crown
This Act binds the Crown.
2: Crown acknowledgements and restoration of character, mana, and reputation
6: Crown acknowledgements
1: The Crown—
a: acknowledges with regret that the free pardon granted to Mokomoko did not expressly restore his character, mana, and reputation, nor the character, mana, and reputation of his uri; and
b: expresses its regret for any ongoing shame or stigma that this has caused for his uri.
2: The Crown acknowledges with regret that it should have consulted te whānau a Mokomoko about the wording of the free pardon.
3: The Crown acknowledges that nothing in this Act prevents te whānau a Mokomoko from seeking through the Treaty settlement process the settlement of their historical Treaty of Waitangi claims.
7: Character, mana, and reputation of Mokomoko and his uri restored
It is declared that on and after the passing of this Act, the character, mana, and reputation of Mokomoko are restored and the character, mana, and reputation of his uri are restored.
Wāhi 1: Tuhinga hukihuki
3: Kaupapa
1: Ko te kaupapa o tēnei Ture, ko te whakamana-ā-ture i ngā whakaaetanga i waenga i te Karauna me te whānau a Mokomoko i te rā 28 o Hepetema 2011 e pā ana ki te whakamananga-ā-ture i te muru herekore i tukua ki a Mokomoko i te 15 o Hune 1992 e te Kāwana-Tianara i runga i te tikanga e kīia nei ko te whakataunga aroha o te Karauna.
2: Hei whakatutuki i ēnei āhuatanga, ka riro mā tēnei Ture hei—
a: whakatakoto anō i ngā kōrero mō te muru herekore i whakawhiwhia ki a Mokomoko; ā
b: whakaatu, me te tino pōuri, karekau i tuhia ki roto i te muru herekore he kupu hei āta whakahoki i te ihi, te mana, me te rangatirangatanga o Mokomoko me te ihi, te mana, me te rangatiratanga o āna uri, hei whakaatu hoki i te tino pōuri o te Karauna mō te whakamā me ngā mahi whakaparahako e tau ana ki runga i ngā uri; ā
c: whakaatu, ko te tikanga me kōrero te Karauna ki te whānau a Mokomoko mō ngā kupu tika mō te muru herekore; ā
d: whakahoki i te ihi, te mana, me te rangatiratanga o Mokomoko, hei whakahoki anō i te ihi, me te mana me te rangatiratanga o āna uri; ā
e: kore e aukati i te whānau a Mokomoko ki te rapu i te whakataunga o ā rātau kerēme Tiriti hītori ki roto i ngā tikanga mō te whakatau kerēme e pā ana ki Te Tiriti o Waitangi.
4: Whakamāoritanga
Kei roto i tēnei Ture, mei kore rānei i ngā tuhinga kōrero,— whakaaetanga
a: te Minita mō ngā Take Māori, te Hōnore Tākuta Pita Sharples, mō te Karauna; me
b: Tuiringa Mokomoko mō te whānau a Mokomoko Karauna Te Muru Herekore Kupu āpiti Uri
a: whānau:
b: whāngai-ā-ture:
c: whāngai (whāngai tikanga Māori).
5: Ture here i te Karauna
Ka herea te Karauna e tēnei Ture.
Wāhi 2: Ngā whakaaetanga a te Karauna me te whakahoki i te ihi, te mana, me te rangatiratanga
6: Ngā whakaaetanga a te Karauna
1: E mea ana te Karauna—
a: e whakaae ana, me te tino pōuri, kāore te muru herekore i whakawhiwhia ki a Mokomoko i āta whakahoki rawa i tana ihi, tana mana, me tana rangatiratanga, kāore hoki i āta whakahoki i te ihi, te mana, me te rangatiratanga o āna uri; ā
b: e tino pōuri ana mō te whakamā me ngā kōrero whakaparahako i tau ki runga i āna uri.
2: E whakaae ana te Karauna, me te tino pōuri, ko te tikanga ia kua kōrero ki te whānau a Mokomoko mō ngā kupu tika mō te muru herekore.
3: E whakaae ana te Karauna karekau he mea kei roto i tēnei Ture e aukati ana i te whānau a Mokomoko ki te rapu i te whakataunga o ā rātau kerēme Tiriti hītori ki roto i ngā tikanga mō te whakatau kerēme e pā ana ki Te Tiriti o Waitangi.
7: Te whakahoki i te ihi, te mana, me te rangatiratanga o Mokomoko me āna uri
E kīia ana, hei te wā e whakamanatia ai tēnei Ture, ā, hei muri ake nei, kua whakahokia te ihi, te mana, me te rangatiratanga o Mokomoko, ā, kua whakahokia anō hoki te ihi, te mana, me te rangatiratanga o āna uri.


1: Title
This Act is the Arts Council of New Zealand Toi Aotearoa Act 2014.
2: Commencement
This Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
1: Preliminary provisions and provisions relating to Arts Council
Preliminary matters
3: Purpose and principles
1: The purpose of this Act is to continue the Arts Council of New Zealand Toi Aotearoa, the national body for the arts established under the Arts Council of New Zealand Toi Aotearoa Act 1994
2: In achieving the purpose of this Act, all persons performing functions or exercising powers under it must—
a: recognise the cultural diversity of the people of New Zealand; and
b: recognise in the arts the role of Māori as tangata whenua; and
c: recognise the arts of the Pacific Island peoples of New Zealand; and
d: recognise and uphold the principles of—
i: participation, by supporting initiatives that encourage participation in the arts; and
ii: access, by supporting the availability of projects of merit to communities or sections of the population that would otherwise not have access to them; and
iii: excellence and innovation, by supporting activities of artistic and cultural significance that develop the creative potential of artists and art forms; and
iv: professionalism, by maintaining and developing a professional arts infrastructure at both the national and community levels; and
v: advocacy, by promoting New Zealand’s arts and artists locally, nationally, and internationally.
4: Interpretation
In this Act, unless the context otherwise requires,— 1994 Act Arts Council of New Zealand Toi Aotearoa Act 1994 arts Arts Council of New Zealand Toi Aotearoa Arts Council 1994 Act community arts
a: means projects undertaken within a community that—
i: may represent either a specific geographical area or defined community of interest; and
ii: allow for access and participation by the wider community; and
b: includes recreational arts community arts council section 16 community arts provider section 14 Minister professional arts projects
5: Act binds the Crown
This Act binds the Crown. Arts Council of New Zealand Toi Aotearoa
6: Arts Council of New Zealand Toi Aotearoa continued
1: This section continues the national body for the arts known as the Arts Council of New Zealand Toi Aotearoa as a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Functions and powers of Arts Council
7: Functions of Arts Council
1: The principal functions of the Arts Council are to—
a: encourage, promote, and support the arts in New Zealand for the benefit of all New Zealanders:
b: promote the development of a New Zealand identity in the arts:
c: allocate funding to projects for professional and community arts, including funding for—
i: Māori arts; and
ii: the arts of the Pacific Island peoples of New Zealand; and
iii: the arts of the diverse cultures of New Zealand:
d: uphold and promote the rights of artists and the right of persons to freedom in the practice of the arts:
e: maintain relationships with other agencies and organisations:
f: give advice to the Minister on any matter relating to or affecting the functions of the Arts Council:
g: perform any other functions conferred on it by this Act, any other enactment, or the Minister.
2: In carrying out its functions, the Arts Council—
a: must set guidelines for the allocation of funding; and
b: may set guidelines for community arts councils and community arts providers; and
c: must establish assessment processes for the allocation of funding including, if the Arts Council considers it appropriate, the use of peer assessment; and
d: may obtain any advice that it considers appropriate.
3: In establishing any assessment process under subsection (2)(c), the Arts Council must include—
a: Māori in any assessment process relevant to Māori arts; and
b: Pacific Island people in any assessment process relevant to the arts of the Pacific Island peoples of New Zealand.
8: Restriction on ministerial direction
The Minister may not give a direction to the Arts Council in relation to cultural matters.
9: Powers
1: Without limiting sections 16 17
a: to establish any endowments or create any trusts on any terms and conditions, and for any objects within the purposes of this Act, that the Arts Council thinks fit; and
b: to appoint trustees in respect of any of those endowments or trusts.
2: Trustees appointed in respect of a trust must keep accounts in a manner that will enable the Arts Council to fulfil its obligations under section 154 Membership of Arts Council and committee of Arts Council
10: Membership of Arts Council
1: The Arts Council consists of 13 members appointed by the Minister.
2: Members of the Arts Council are the board for the purposes of the Crown Entities Act 2004
3: In appointing the members, the Minister must have regard to the need for members to have among them a broad knowledge of arts practices, including knowledge of professional and community arts.
4: At least 4 of the persons appointed as members of the Arts Council must be persons who, in the opinion of the Minister, after consultation with the Minister of Māori Affairs, are qualified for appointment, having regard to their knowledge of—
a: te ao Māori (Māori world view); and
b: tikanga Māori (Māori protocol and culture); and
c: Māori arts.
5: At least 2 of the persons appointed as members of the Arts Council must be persons who, in the opinion of the Minister after consultation with the Minister of Pacific Island Affairs, are qualified by their knowledge of the arts and of the traditions or cultures of the Pacific Island peoples of New Zealand.
6: This section is in addition to section 29
11: Committee of Arts Council
1: The persons appointed as members of the Arts Council under section 10(4)
2: The functions of that committee are—
a: to give advice to the Arts Council on matters relevant to the functions of the Council in relation to Māori arts; and
b: any other functions that the Arts Council delegates to the committee.
3: This section does not limit—
a: the application of the Crown Entities Act 2004
b: the power of the Arts Council under that Act—
i: to appoint other committees; or
ii: to delegate its functions.
12: Nomination of peer assessors
1: The Arts Council must, from time to time and in the manner that it thinks fit, publicly invite nominations of persons with an interest in undertaking peer assessment for the purpose of the Arts Council's function under section 7(2)(c)
2: The Arts Council must—
a: keep and maintain, in any manner it thinks fit, a public register of nominations received under subsection (1); and
b: make the register available for public inspection at its offices during normal office hours.
3: The purpose of the register is to enable members of the public to know who has been nominated under subsection (1).
4: The register must contain, for each person nominated,—
a: the name of the person; and
b: the area of that person's art expertise or interest.
5: Other information collected in the course of receiving nominations will not be publicly available. Taxation status of Arts Council
13: Income tax exemption
The Arts Council is exempt from the payment of income tax.
2: Community arts providers
Designated community arts providers
14: Arts Council may designate community arts providers
1: Any body involved in community arts, including any local authority, may apply in writing to the Arts Council to be designated as a community arts provider.
2: The Arts Council may designate a body as a community arts provider if the Arts Council is satisfied that—
a: the body complies with any guidelines set by the Council for community arts providers; and
b: the body represents, in relation to the arts, either a specific geographical area or a defined community of interest.
3: The Arts Council may, if satisfied that a designated community arts provider has not complied with or is not performing according to any guidelines set by the Council,—
a: give the community arts provider not less than 60 days’ written notice of its intention to revoke its designation; and
b: proceed to revoke the designation.
4: The Arts Council must maintain a register of designated community arts providers.
15: Allocation of funding
1: The Arts Council may allocate funding to a designated community arts provider.
2: A designated community arts provider to which funds are allocated must allocate those funds to community arts projects—
a: in accordance with guidelines set by the Arts Council; and
b: having regard to the principles set out in section 3(2) Community arts councils
16: Community arts councils
1: The Arts Council may establish community arts councils in relation to specific geographical areas.
2: A community arts council may regulate its own procedure, subject to—
a: the provisions of this Act; and
b: any guidelines set by the Arts Council for community arts councils.
3: A community arts council may apply in writing to the Arts Council to be designated as a community arts provider.
4: If the Arts Council is satisfied that a community arts council has not complied with, or is not performing in accordance with, any guidelines set by the Council, it may disestablish the community arts council after giving it not less than 60 days’ written notice of its intention to do so. Unallocated funds must be repaid
17: Funds to be repaid to Arts Council
1: This section applies if funds are allocated—
a: to a designated community arts provider, but the designation is revoked under section 14(3)
b: to a community arts council, but it is disestablished under section 16(4)
2: Provided the funds have not been allocated to a community arts project, the funds must be repaid to the Arts Council. Local authorities may be given administrative responsibilities
18: Administration by local authorities
1: The Arts Council may appoint a local authority to have administrative responsibility for a community arts council, but only if—
a: the boundaries of that local authority lie wholly or partly within the area for which the community arts council carries out its activities; and
b: the local authority has consented in writing to the appointment.
2: A local authority—
a: may give consent on the terms it considers appropriate for a representative of the local authority to be a member of the community arts council; and
b: must either—
i: provide reasonable administrative and secretarial services to the community arts council; or
ii: make a reasonable grant to the community arts council to enable it to provide for those services.
3: If a local authority has administrative responsibility under subsection (1), it may—
a: appoint representatives of a community arts council to attend and participate in any meeting of the local authority that is to consider funding of the arts; and
b: consult a community arts council on any proposed policies, facilities, or activities of the local authority that relate to the arts.
4: The Arts Council must, if requested in writing by a local authority appointed under subsection (1), revoke the appointment of that local authority, and the revocation takes effect at the end of the period that is 3 months after the date of the request.
5: The Arts Council may revoke the appointment of a local authority under subsection (1) after giving not less than 60 days' notice in writing to the local authority and the community arts council of its intention to do so.
6: In this section, local authority section 5(1)
3: Miscellaneous provisions
Names protected
19: Protection of names
1: No body may be incorporated or registered under any other enactment or in any other manner under any of the following names:
a: Arts Council of New Zealand Toi Aotearoa and Arts Council:
b: Creative New Zealand:
c: Queen Elizabeth II Arts Council:
d: Te Waka Toi:
e: any other name that so resembles a name listed in paragraphs (a) to (d) as to be likely to mislead a person.
2: No person or body other than the Arts Council may, either alone or with another person or body, operate or carry on activities under a name listed or described in subsection (1).
3: No body other than a community arts council within the meaning of this Act may be incorporated or registered, or may operate or carry on activities, under any enactment or in any other manner under a name that includes the words community arts council arts council
4: However, subsection (3) does not apply to a body that, immediately before the commencement of this Act, included a protected name in its name.
5: For the purposes of subsection (4), a protected name
a: a name listed or described in subsection (1):
b: community arts council
c: arts council Transitional provisions
20: Expiry of term of office of members of Arts Council
On and from the commencement of this Act, the term of office of every member of the Arts Council appointed under section 9
21: Arts boards dissolved
1: On and from the commencement of this Act,—
a: the 2 arts boards established under section 13 Committee
b: the term of office of every member of those boards and of the Committee expires.
2: Any property, information, and other assets of the arts boards or of the Committee vest in the Arts Council under this Act.
3: Any money payable to or by the arts boards or the Committee under the 1994 Act
4: The liabilities, contracts, rights, entitlements, and authorities of the arts boards or of the Committee are transferred to the Arts Council under this Act.
5: If, immediately before the commencement of this Act, an arts board or the Committee had any responsibility for a matter under the 1994 Act
6: Proceedings by or against an arts board or the Committee may be continued, completed, or enforced by or against the Arts Council under this Act.
7: The dissolution of the arts boards and of the Committee does not affect—
a: the validity of any decisions made in accordance with the 1994 Act
b: any guidelines set under section 14(1)(h)
8: No person who was a member of an arts board or of the Committee is entitled to compensation as a result of the expiry under this section of his or her term of office. Savings and transitional provisions
22: References to Queen Elizabeth II Arts Council
A reference in an enactment or document to the Queen Elizabeth II Arts Council is a reference to the Arts Council of New Zealand Toi Aotearoa continued by this Act.
23: References to Arts Council
On and from the commencement of this Act, unless the context otherwise requires, references to the Arts Council of New Zealand Toi Aotearoa in any contract or other instrument, document, or notice must be read as a reference to the Arts Council continued by this Act.
24: General transitional provision
Matters to which the 1994 Act
25: Continuation of proceedings
1: This section applies to proceedings under the 1994 Act
2: Proceedings to which this section applies continue under this Act as if those proceedings were commenced under this Act (whether the hearing of the proceedings commenced before or after the date on which this Act comes into force). Repeal and amendments
26: Act repealed
The Arts Council of New Zealand Toi Aotearoa Act 1994 2014-04-30 Arts Council of New Zealand Toi Aotearoa Act 1994
27: Consequential amendments
The enactments specified in the Schedule 2014-04-30 Archives, Culture, and Heritage Reform Act 2000 Estate and Gift Duties Act 1968 Gambling Act 2003 Local Authorities (Members' Interests) Act 1968 Ombudsmen Act 1975 Privacy Act 1993 Public Audit Act 2001 Public Bodies Contracts Act 1959


1: Title
This Act is the Subantarctic Islands Marine Reserves Act 2014.
2: Commencement
This Act comes into force on 2 March 2014.
3: Interpretation
In this Act, unless the context requires another meaning,— area section 2 marine reserve section 2 Minister of Conservation Minister for Primary Industries Fisheries Act 1996 ranger section 2
4: Act binds the Crown
This Act binds the Crown.
5: Moutere Mahue / Antipodes Island Marine Reserve created
1: The area comprising Section 1 on Survey Office plan SO 442747 is declared to be a marine reserve.
2: The marine reserve is named the Moutere Mahue / Antipodes Island Marine Reserve.
3: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 1
6: Moutere Hauriri / Bounty Islands Marine Reserve created
1: The area comprising Section 1 on Survey Office plan SO 442748 is declared to be a marine reserve.
2: The marine reserve is named the Moutere Hauriri / Bounty Islands Marine Reserve.
3: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 2
7: Moutere Ihupuku / Campbell Island Marine Reserve created
1: The area comprising Section 1 on Survey Office plan SO 442749 is declared to be a marine reserve.
2: The marine reserve is named the Moutere Ihupuku / Campbell Island Marine Reserve.
3: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 3
8: Extension of Moutere Ihupuku / Campbell Island Marine Reserve
1: The Department of Conservation must, in consultation with the Ministry for Primary Industries, commission an independent review of the Moutere Ihupuku / Campbell Island Marine Reserve.
2: The review must—
a: start on or after the third anniversary of the date of commencement of this Act; and
b: be completed before the fifth anniversary of the date of commencement of this Act.
3: The review must consider whether the additional area described in subsection (11) should be included in the Moutere Ihupuku / Campbell Island Marine Reserve.
4: In considering that matter, the review must take into account the following:
a: the value of the additional area to a deepwater crab fishery:
b: the impact of a deepwater crab fishery in the additional area on the marine environment and ecosystems:
c: the biodiversity values in the additional area.
5: The review must include consultation with relevant stakeholders.
6: The Minister of Conservation must, as soon as practicable after receiving the reviewer's report on the completed review, provide the report to the Minister for Primary Industries.
7: The Ministers must consult each other about the report and, no later than 90 working days after receiving the report, the Minister for Primary Industries must provide to the Minister of Conservation his or her response to the report.
8: The Minister of Conservation may recommend the making of an Order in Council under subsection (10) only with the agreement of the Minister for Primary Industries after subsections (1) to (7) have been satisfied.
9: The recommendation (if any) must include the date to be appointed by the Order in Council, which must be no later than the sixth anniversary of the date of commencement of this Act.
10: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, appoint a date for subsections (11) to (13) to take effect. Those subsections take effect only on and from the appointed date (if any).
11: The area comprising Section 2 on Survey Office plan SO 442749 is declared to be a marine reserve.
12: The area described in subsection (11), together with the area described in section 7(1)
13: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 3
14: An order under subsection (10) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(14) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Effect of declaration of marine reserves
A marine reserve declared by section 5(1) 6(1) 7(1) 8(11) section 4(1)
10: Naming of marine reserves
1: The name assigned to a marine reserve by section 5(2) 6(2) 7(2) 8(12)
a: is to be treated as if it had been assigned in accordance with subpart 3
b: is therefore the official geographic name of the marine reserve under section 31
2: The Minister of Conservation must give notice of the name in the Gazette
3: The Board must—
a: give notice of the name only in accordance with section 21(2)(b)
b: state in the notice the date on which the name took effect, which is the date on which the name was assigned by the relevant subsection of this Act.
4: The Minister of Conservation may alter the name of a marine reserve declared by this Act by giving notice of the name in the Gazette
5: The Board must then give notice of the name only in accordance with section 21(2)(b)
6: The name of a marine reserve notified under subsection (4)
a: is to be treated as if it had been altered in accordance with subpart 3
b: is therefore the official geographic name of the marine reserve under section 31
7: In this section,— Board section 7 NZGB Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
11: Rangers deemed to be appointed from New Zealand Defence Force
1: An officer in command of a vessel or an aircraft of the New Zealand Defence Force is deemed to be a ranger under the Marine Reserves Act 1971 section 17
2: However, the officer may exercise the powers, and perform the functions and duties, of a ranger only in respect of the marine reserves declared by this Act.
3: The officer may direct a person under his or her command to exercise those powers, or perform those functions or duties, to any extent and for any period that the officer thinks necessary.
4: The person may follow the directions as if he or she were a ranger.


1: Title
This Act is the Airports (Cost Recovery for Processing of International Travellers) Act 2014.
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 enable the Crown to recover some of its costs incurred in—
a: establishing or re-establishing at an airport the capacity to process travellers arriving in, or departing from, New Zealand on an international flight; and
b: processing international travellers at new and re-established international airports; and
c: processing international travellers at an international airport in other than a routine manner.
4: Interpretation
In this Act, unless the context otherwise requires,— agency
a: the Biosecurity Act 1993
b: the Customs and Excise Act 2018
c: the Civil Aviation Act 2023 Aviation Security Service section 23(d) chief executive
a: in relation to the Ministry for Primary Industries, the Director-General:
b: in relation to Customs, the Comptroller of Customs:
c: in relation to the Aviation Security Service, the Director of Civil Aviation cost recovery period
a: a period prescribed as the cost recovery period under section 11 section 6(2)
b: if no period is prescribed, 3 years beginning as stated in section 6(2) Customs has the meaning given to it in section 5(1) Director-General due date grace period
a: a period prescribed as the grace period under section 11 section 6(3)
b: if no period is prescribed, 6 months beginning as stated in section 6(3) international airport Minister operator section 52 63 prescribed charge section 11 processing
a: the activities carried out at international airports by the Ministry for Primary Industries under the Biosecurity Act 1993
i: determine what goods are in the possession or control of the traveller; and
ii: ascertain whether any or all of the goods may be cleared for entry into New Zealand under section 26
b: the activities carried out at international airports by the Aviation Security Service under the Civil Aviation Act 2023
i: search
ii: ensure the safety and security of the civil aviation system; or
c: the activities carried out at international airports by Customs under the Customs and Excise Act 2018
i: determine the traveller's eligibility to enter or leave New Zealand; and
ii: establish whether goods in the traveller's possession are dutiable, prohibited imports or exports, or otherwise subject to the control of Customs scheduled international flight
a: performed by an aircraft for the transportation of people between New Zealand and 1 or more points in a country or territory other than New Zealand; and
b: one of a regular or frequent series of flights, whether or not in accordance with a published timetable; and
c: open to use by members of the public traveller Section 4 agency amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 agency amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 4 Aviation Security Service amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 4 chief executive amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 4 Customs amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 operator amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 4 processing amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 4 processing amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 4 processing amended 1 October 2018 section 443(3) Customs and Excise Act 2018
5: Act binds the Crown
This Act binds the Crown.
2: Cost recovery
Liability for charges
6: Application of sections 7 and 8
1: Sections 7 8
a: that begins operating as an international airport; or
b: that ceases operating as an international airport during a cost recovery period that applies to the airport but later resumes operating as an international airport; or
c: other than an airport described in paragraph (b), that ceases operating as an international airport but later resumes operating as an international airport, if it resumes operating as an international airport after the expiry of the grace period.
2: The cost recovery period in relation to an airport described in subsection (1)—
a: begins on the day that the airport begins operating as an international airport; and
b: begins again on the day that the airport resumes operating as an international airport (if applicable).
3: The grace period in relation to an airport described in subsection (1)(c) begins on the day following the day on which the international airport ceases operating as an international airport.
7: Liability to pay for establishment of traveller processing capacity
1: The operator of an international airport to which this section applies must pay any prescribed charge relating to the costs incurred by an agency in establishing or re-establishing the capacity to process travellers at the airport, whether the costs are incurred before or after the airport begins or resumes operating as an international airport.
2: Examples of the costs referred to in subsection (1) are the costs that the agency incurs in doing all or any of the following:
a: recruiting and training staff:
b: purchasing, leasing, and installing equipment:
c: leasing any part of the airport and making physical alterations to that part.
8: Liability to pay for traveller processing at new and re-established international airports
1: The operator of an international airport to which this section applies must pay any prescribed charge for the processing of travellers carried out at the international airport during a cost recovery period that applies to the airport.
2: This section does not apply to processing to which section 9
9: Payment for non-routine processing
1: This section applies to the processing of travellers at an international airport at the request of a person, if the processing requested imposes additional costs on the agency that undertakes the processing.
2: The processing of travellers is not processing to which this section applies solely because the travellers—
a: arrive or depart on an international flight that is not a scheduled international flight; or
b: arrive or depart at an international airport outside the working hours of the agency concerned.
3: The chief executive of the agency may recover from the person who made the request the actual and reasonable costs incurred by the agency in processing the travellers as requested.
4: In this section, working hours of the agency concerned
a: in relation to Customs, the working hours prescribed by, or determined under, regulation 3
b: in relation to the Ministry for Primary Industries and the Aviation Security Service, the hours during which traveller processing is usually undertaken by the agency at an international airport.
10: Exemption from prescribed charges for aviation security processing
Despite sections 8 9
a: a member of the crew of any aircraft:
b: a member of the crew of any aircraft who is being carried on an aircraft solely for the purposes of positioning the crew to carry out their duties as employees of an airline:
c: a child under the age of 2 years:
d: a person travelling on an aircraft that is being used for the purposes of the New Zealand Defence Force:
e: a person travelling on an aircraft that is being used specifically for the military, diplomatic, or ceremonial purposes of a government:
f: a person in transit through New Zealand who—
i: does not leave the transit, arrival, or departure area of the airport; or
ii: leaves the transit, arrival, or departure area of the airport only because of an interruption to a flight caused by unserviceability of an aircraft or other essential facility or caused by any other delay beyond the control of the person or the airline concerned.
g: Section 10(g) repealed 5 April 2025 section 486 Civil Aviation Act 2023 Cost recovery
11: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing a grace period shorter than 6 months:
b: prescribing a cost recovery period shorter than 3 years:
c: prescribing charges or a means by which the charges may be calculated or ascertained to recover the direct and indirect costs incurred by an agency in—
i: carrying out the activities involved in processing travellers at an international airport:
ii: establishing or re-establishing the capacity to process travellers at an international airport:
d: prescribing any returns, and the conditions relating to the returns, to be made by persons who must pay prescribed charges:
e: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The regulations may prescribe charges using all or any of the methods specified in section 15
3: Different charges, or different rates or types of charges, may be prescribed—
a: in relation to different airports or different classes or descriptions of persons, airports, businesses, or operations; or
b: on the basis of different times of use; or
c: on any other differential basis.
4: Without limiting subsection (3), the charges prescribed may—
a: differ depending on whether a special or an urgent service is provided:
b: include more than 1 level of charge for the same service provided in different ways:
c: differ for otherwise similar services provided at different airports:
d: differ for otherwise similar services provided in different ways:
e: differ for otherwise similar services provided to different categories of persons:
f: differ depending on the amount of service required or the components of the service required for the particular person or class of persons.
5: Despite subsections (3) and (4), the charges prescribed may be set at a level or in a way that is determined by calculations that involve an averaging of costs or potential costs.
6: Regulations 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 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Requirements for regulations
1: The Minister may make a recommendation for the purposes of section 11
2: The Minister may make a recommendation for the purposes of section 11
13: Consultation requirements for making regulations
1: Before making a recommendation for the making of regulations, the Minister—
a: must be satisfied that consultation has been carried out in accordance with subsection (2); and
b: must receive and take into account the results of the consultation.
2: The Director-General must—
a: ensure that all reasonably practicable steps are taken to consult the persons or industry organisations that appear to the Director-General to be representative of the interests of persons likely to be directly affected by the making of regulations under section 11
b: advise the Minister of the results of the consultation.
3: The Director-General must carry out the consultation required by subsection (2) in conjunction with—
a: the Comptroller of Customs, if the regulations relate to the processing of travellers by Customs:
b: the Director of Civil Aviation
4: The process for consultation must, to the extent practicable in the circumstances, include—
a: giving adequate and appropriate notice of the intention to make the regulations; and
b: providing a reasonable opportunity for interested persons to make submissions.
5: A failure to comply with this section does not affect the validity of any regulations. Section 13(3)(b) amended 5 April 2025 section 486 Civil Aviation Act 2023
14: Consultation before Act in force
The Director-General is not required to comply with section 13(2)
15: Methods of cost recovery
The methods, referred to in section 11(2)
a: fixed charges:
b: charges based on a scale or formula or at a rate determined on an hourly or per traveller or other unit basis:
c: the recovery of the actual and reasonable costs spent in or associated with the processing of travellers:
d: estimated charges, or charges based on estimated costs, paid before the processing of travellers, followed by reconciliation and an appropriate further payment or refund after provision of the service.
16: Exemptions, waivers, and refunds
1: A chief executive may, if satisfied that either of the circumstances in subsection (2) exists, exempt, waive, or refund, in whole or in part, any prescribed charge that relates to the processing of travellers by the chief executive's agency.
2: The circumstances are—
a: the work actually done does not justify the payment (or full payment) of the prescribed charge concerned; or
b: special circumstances apply to the particular case.
3: The chief executive's decision under subsection (1) must be in writing, and must specify the reason for the exemption, waiver, or refund.
17: Prescribed charges to constitute debt due to the Crown
1: A prescribed charge or part of a charge that is not paid by the due date is a debt due to the Crown.
2: The chief executive of the agency that provided the services to which the charge relates may recover the debt in any court of competent jurisdiction.
18: Penalties for failure to pay prescribed charge
1: If a person fails to pay a prescribed charge or part of a charge by the due date, the debt is increased by adding a penalty.
2: The penalty is the sum of—
a: 10% of the debt; and
b: for every complete period of 6 months after the due date during which the debt or any part of it (including any penalty) has remained unpaid, 10% of the debt or that part.
3: When a chief executive notifies a person of a prescribed charge, the chief executive must also tell that person of the consequences of non-payment under this section.
19: Waiver of penalty
1: The chief executive may waive payment of all or any part of a penalty added to a debt owed by a person, if the chief executive is satisfied that the failure or refusal of the person to pay all or any part of the debt was a result of a genuine dispute between the person and the agency as to either or both of the following:
a: the person's liability to pay the debt:
b: the amount of the debt.
2: In an action for the recovery of a debt, a court may waive payment of all or any part of a penalty added to the debt, if the court is satisfied that the failure or refusal of a person to pay all or any part of the debt was a result of a genuine dispute between the person and an agency as to either or both of the following:
a: the person's liability to pay the debt:
b: the amount of the debt.
20: Obligation to pay prescribed charge not suspended by dispute
The obligation of a person to pay any prescribed charge under this Act (including any penalty), and the right of a chief executive to receive and recover the charge or penalty, are not suspended by any dispute between the person and the chief executive regarding the person's liability to pay the charge, or the amount of the charge. Consequential amendments
21: Consequential amendments to other enactments
1: The Acts listed in Part 1
2: The regulations listed in Part 2 2014-02-15 Biosecurity Act 1993 Civil Aviation Act 1990 Customs and Excise Act 1996 Biosecurity (Costs) Regulations 2010 Civil Aviation Charges Regulations (No 2) 1991


1: Title
This Act is the Appropriation (2012/13 Financial Review) Act 2014.
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—
a: confirm financial matters relating to the financial year ended 30 June 2013; and
b: validate other financial matters relating to the financial year ended 30 June 2013 and previous financial years.
4: Interpretation
In this Act, unless the context otherwise requires, the terms benefit capital expenditure department expenses financial year Office of Parliament other expenses output expenses Vote section 2(1)
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2013 2014-03-08 Public Finance (Transfers Between Outputs) Order 2013
6: Confirmation of expenses incurred in excess of existing appropriations and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B subsections (2) and (3)
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1
3: The approved expenses are shown in column 4 of Schedule 1
7: Validation of unappropriated expenses incurred with authority
1: The incurring of expenses by a department in the circumstances set out in subsection (2)
2: The circumstances are that—
a: for the financial year ended 30 June 2013, the department incurred expenses in excess of the existing appropriation set out in column 3 of Schedule 2
b: the expenses referred to in paragraph (a)
3: In this section,— department column 1 of Schedule 2 expenses column 4 of Schedule 2
8: Validation of unappropriated expenses and capital expenditure incurred without authority
1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2)
2: The circumstances are that—
a: for the financial year ended 30 June 2013, the department incurred—
i: expenses in excess of the existing appropriations set out in column 3 of Schedule 3
ii: expenses or capital expenditure without appropriation, or other authority, by or under an Act against the categories of expenses or capital expenditure set out in column 3 of Schedule 4
b: the expenses and capital expenditure referred to in paragraph (a)
3: In this section,— capital expenditure column 4 Schedule 4 department column 1 Schedule 3 expenses column 4 Schedule 3 4
9: Validation of unappropriated expenses incurred without authority in respect of Vote Revenue
1: The incurring of expenses by the Inland Revenue Department in the circumstances set out in subsection (2)
2: The circumstances are that—
a: the Inland Revenue Department incurred benefits or other unrequited expenses of—
i: $54.453 million for the financial year ended 30 June 2003; and
ii: $63.624 million for the financial year ended 30 June 2004; and
iii: $76.186 million for the financial year ended 30 June 2005; and
iv: $96.354 million for the financial year ended 30 June 2006; and
v: $121.5 million for the financial year ended 30 June 2007; and
vi: $134.767 million for the financial year ended 30 June 2008; and
vii: $142.787 million for the financial year ended 30 June 2009; and
viii: $153.945 million for the financial year ended 30 June 2010; and
ix: $154.194 million for the financial year ended 30 June 2011; and
x: $157.615 million for the financial year ended 30 June 2012; and
b: each of the amounts specified in paragraph (a)
10: Validation of departmental net asset holding
1: The excess amount of net asset holding described in subsection (2)
2: The excess amount of net asset holding is the amount of net assets, as set out in column 3 of Schedule 5
3: In this section,— department column 1 of Schedule 5 most recent projected balance of net assets
a: at the time when that projected balance was exceeded; and
b: as set out in column 2 of Schedule 5