1: Title
This Act is the Regulatory Systems (Economic Development) Amendment Act 2019.
2: Commencement
This Act comes into force immediately after the expiry of the 2-month period that starts on the date of Royal assent.
1: Amendments to Building Societies Act 1965
3: Amendments to Building Societies Act 1965
This Part amends the Building Societies Act 1965 2020-01-13 Building Societies Act 1965
4: Section 124 amended (Compulsory cancellation or suspension of registration)
1: In section 124(1) , with the approval of the Minister,
2: In section 124(1)(c) that the society has wilfully, and that the society has,
3: In section 124(3) , with the approval of the Minister,
2: Amendments to Companies Act 1993
5: Amendments to Companies Act 1993
This Part amends the Companies Act 1993 2020-01-13 Companies Act 1993
6: Section 151 amended (Qualifications of directors)
After section 151(2)(b)
baa: a person who is prohibited from being a director of a company under section 299(1)(b) of the Insolvency Act 2006:
bab: a person who is prohibited from directly or indirectly being concerned, or taking part, in the management of a company under section 299(1)(c) of the Insolvency Act 2006:
7: Section 367 repealed (Application of Official Information Act 1982 and Privacy Act 1993)
Repeal section 367
8: Section 368 repealed (Appeals from decisions under section 367)
Repeal section 368
9: Section 382 amended (Persons prohibited from managing companies)
1: In section 382(1)(a) 3 months) , including an offence under section 138A
2: In section 382(1)(b) 1961,— 1961; or
3: After section 382(1)(b)
ba: a person has been convicted of an offence under section 143A(1)(d) or 143B(1) of the Tax Administration Act 1994; or
bb: a person has been convicted of an offence under section 148 of the Tax Administration Act 1994 of aiding, abetting, inciting, or conspiring with another person to commit an offence against section 143B(1) of that Act,—
10: Section 383 amended (Court may disqualify directors)
1: In section 383(1)(a) 3 months) , including an offence under section 138A
2: After section 383(1)(b)
ba: a person has been convicted of an offence under section 143A(1)(d) or 143B(1) of the Tax Administration Act 1994; or
bb: a person has been convicted of an offence under section 148 of the Tax Administration Act 1994 of aiding, abetting, inciting, or conspiring with another person to commit an offence against section 143B(1) of that Act; or
11: Section 391 amended (Service of documents on shareholders and creditors)
1: In section 391(3)(f) corporate. corporate; or
2: After section 391(3)(f)
g: sent by email to an electronic address used by the body corporate.
12: Schedule 1 amended
1: In Schedule 1, after clause 6(5)
5A: However, if a time is specified in the constitution of a company under subclause (5) but the notice of the meeting provides that a proxy may be produced by a later time (being a time before the start of the meeting), a proxy produced by that later time is still effective.
2: In Schedule 1, clause 6(6) subclause (5), the constitution subclauses (5) and (5A), the constitution or the notice
3: In Schedule 1, replace clause 7(4A)
4A: Despite subclause (4),—
a: the constitution of a company, or the notice of the meeting, may specify a time (being a time less than 48 hours before the start of the meeting) by which postal votes that are cast using electronic means must reach the person who is authorised to receive and count postal votes at the meeting; and
b: such postal votes must reach that person by the specified time (or, if different times are specified in the constitution and the notice, the later of those times).
3: Amendments to Continental Shelf Act 1964
13: Amendments to Continental Shelf Act 1964
This Part amends the Continental Shelf Act 1964 2020-01-13 Continental Shelf Act 1964
14: Section 5 amended (Mining for minerals on continental shelf)
In section 5(2) and (4) Energy and Resources
15: Section 5A amended (Payments and contributions with respect to exploitation of continental shelf beyond 200 nautical miles)
1: In section 5A(1)(b) or prospecting
2: In section 5A(1)(c) or prospecting for, or the mining of, for or the mining of
3: In section 5A(2) Energy and Resources
4: In section 5A(3) Transport Energy and Resources
5: In section 5A(4) relevant Minister Minister
16: Section 9 amended (Act in force in Cook Islands)
In section 9(2)(b) Energy and Resources
4: Amendments to Credit Contracts and Consumer Finance Act 2003
17: Amendments to Credit Contracts and Consumer Finance Act 2003
This Part amends the Credit Contracts and Consumer Finance Act 2003 2020-01-13 Credit Contracts and Consumer Finance Act 2003
18: Section 4 amended (Overview)
In section 4(ca) credit contracts consumer credit contracts
19: Section 5 amended (Interpretation)
In section 5 costs of borrowing or a credit contract to which Part 3A applies
20: Section 9B amended (Interpretation)
1: In section 9B(1) agreement or a credit contract to which Part 3A applies
2: In section 9B(1) lender or a credit contract to which Part 3A applies
3: In section 9B(1) relevant guarantee relevant guarantee
21: Section 9C amended (Lender responsibility principles)
Replace section 9C(2)(a)
a: exercise the care, diligence, and skill of a responsible lender—
i: in any advertisement for providing credit or finance under an agreement or for providing credit-related insurance under a relevant insurance contract; and
ii: before entering into an agreement to provide credit or finance or a relevant insurance contract and before taking a relevant guarantee; and
iii: in all subsequent dealings with a borrower in relation to an agreement or a relevant insurance contract or a guarantor in relation to a relevant guarantee; and
22: Section 9K amended (Publication of costs of borrowing)
1: In section 9K(1) credit contract consumer credit contract
2: Repeal section 9K(2)
3: In section 9K(3)(a) credit contract referred to in subsection (1) consumer credit contract offered by that creditor
23: Part 3A heading amended
In the Part 3A credit contract consumer credit contract
24: Section 83A amended (Outline of Part)
In section 83A sets out , in relation to a consumer credit contract,
25: Section 83B amended (References to credit contracts include security agreements)
1: In the heading to section 83B credit contracts consumer credit contracts
2: In section 83B(1)(b) credit contracts consumer credit contracts
3: In section 83B credit contract consumer credit contract
26: Section 83C amended (Application of Part)
In section 83C credit contract consumer credit contract
27: Section 83L amended (Use of disabling device)
In section 83L credit contract consumer credit contract
28: Section 83M amended (Connection or use of disabling device in connection with certain goods prohibited)
In section 83M credit contract consumer credit contract
29: Section 83ZN amended (Credit contract may not provide for security interest over certain consumer goods)
1: In the heading to section 83ZN Credit contract Consumer credit contract
2: In section 83ZN credit contract consumer credit contract
30: Section 83ZO amended (Contravening provision of no effect)
In section 83ZO credit contract consumer credit contract
31: Section 99B amended (Enforcement prohibited if creditor unregistered)
1: In section 99B(1)(a) credit contract consumer credit contract
2: In section 99B(4) credit contract consumer credit contract
32: Section 102A amended (Infringement offences)
After section 102A(4)
4A: Every creditor who is subject to section 9K commits an offence if the creditor breaches section 9K(4).
4B: Every creditor who is subject to section 9K commits an offence if both of the following apply:
a: a paragraph in regulations prescribed under this Act requires particular information to be contained in the information made publicly available:
b: the creditor breaches section 9K(6)(a) by failing to make any information publicly available for the purposes of that paragraph.
33: Section 103 amended (Other offences)
1: In section 103(1) creditor, lender,
2: In section 103(1) provisions of sections 9J, 9K,
34: Schedule 1AA amended
1: In Schedule 1AA, clause 1 Regulatory Systems Act 2019
2: In Schedule 1AA, clause 3(1) subclauses (2) and (3) and in clause 4
3: In Schedule 1AA, clause 3(4) In this clause and in clause 4
4: In Schedule 1AA, after clause 3 Schedule 2
35: Consequential amendment to other enactment
Amend the enactment specified in Part 1 2020-01-13 Credit Contracts and Consumer Finance Regulations 2004
5: Amendments to Fair Trading Act 1986
36: Amendments to Fair Trading Act 1986
This Part amends the Fair Trading Act 1986 2020-01-13 Fair Trading Act 1986
37: Section 30 amended (Compliance with product safety standards)
1: In section 30(1) that person complies with that product safety standard that product safety standard is complied with in respect of those goods
2: In section 30(2) that person complies with one of those product safety standards one of those product safety standards is complied with in respect of those goods
6: Amendment to Financial Reporting Act 2013
38: Amendment to Financial Reporting Act 2013
This Part amends the Financial Reporting Act 2013 2020-01-13 Financial Reporting Act 2013
39: Section 20 amended (Auditing and assurance standards)
Replace section 20(2)
2: Auditing and assurance standards may (without limitation) include—
a: professional and ethical standards that govern the professional conduct of audit or assurance practitioners:
b: standards for related services.
3: In this section,— audit or assurance practitioner related services
a: agreed-upon procedures; or
b: other non-assurance work that may ordinarily be carried out by an audit or assurance practitioner.
7: Amendments to Geographical Indications (Wine and Spirits) Registration Act 2006
40: Amendments to Geographical Indications (Wine and Spirits) Registration Act 2006
This Part amends the Geographical Indications (Wine and Spirits) Registration Act 2006 2020-01-13 Geographical Indications (Wine and Spirits) Registration Act 2006
41: Section 7 amended (What is registered geographical indication?)
After section 7(3)
4: However, this section is subject to section 47D
42: Section 42 amended (Register)
1: In section 42(3)(d) indication). indication); and
2: After section 42(3)(d)
e: if the geographical indication’s status is registered-past expiry date (as defined in section 47D
43: Section 45 amended (Removal from register)
In section 45(4) on its expiry when required to do so under section 47C(2)
44: Section 45A amended (Notice of proposed removal)
In section 45A(1) register under section 45(1)
45: Section 47A replaced (Renewal of registration)
Replace section 47A
47A: Renewal of registration
1: On application by an interested person, the Registrar must renew the registration of a registered geographical indication.
2: An application for renewal must be made to the Registrar—
a: not more than 12 months before, and not more than 6 months after, the date on which the registration expires (the expiry date
b: in the prescribed manner.
3: The renewed registration is effective for a period of 10 years commencing on the expiry date.
46: Section 47B amended (Notice of pending expiration of registration of geographical indication)
1: In section 47B(1) If no interested person has made an application under section 47A within a prescribed period before the registration of a geographical indication expires, If no application to renew the registration of a geographical indication has been made,
2: Before section 47B(2)(a)
aaa: be given at least the prescribed period before the registration’s expiry date; and
3: In section 47B(2)(b)(ii) fees (including the amount of any renewal fee)
4: Replace section 47B(2)(b)(iii)
iii: that,—
A: if the registration is not renewed before its expiry date, the register will be changed to record that the geographical indication’s status is registered-past expiry date; and
B: if the registration has still not been renewed 6 months after the expiry date, the geographical indication will be removed from the register.
47: Sections 47C and 47D and cross-heading replaced
Replace sections 47C 47D
47C: Procedure if registration not renewed
1: If the registration of a geographical indication is not renewed before its expiry date, the Registrar must record on the register that its status is registered-past expiry date (until the registration is renewed or it is removed from the register).
2: The Registrar must remove the geographical indication from the register if—
a: notice has been given under section 47B; and
b: 6 months have elapsed since the registration’s expiry date; and
c: the registration has not been renewed.
47D: Effect of registered-past expiry date status
1: A geographical indication has the status of registered-past expiry date
a: the geographical indication’s registration expiry date (referred to in section 47A
b: the geographical indication has not yet been removed from the register.
2: While the geographical indication’s status is registered-past expiry date, the geographical indication—
a: is not a registered geographical indication for the purposes of sections 21 to 24; but
b: is a registered geographical indication for all other purposes.
3: If the geographical indication’s registration is renewed before it is removed from the register under section 47C(2)
a: the renewed registration takes effect from the expiry date ( see section 47A(3)
b: the geographical indication is taken to have remained a registered geographical indication for all purposes from that date as if its status had not changed.
48: Consequential amendments to other enactment
Amend the enactment specified in Part 2 2020-01-13 Geographical Indications (Wine and Spirits) Registration Regulations 2017
8: Amendments to Insolvency Act 2006
49: Amendments to Insolvency Act 2006
This Part amends the Insolvency Act 2006 2020-01-13 Insolvency Act 2006
50: Section 3 amended (Interpretation)
1: In section 3 current summary instalment order
2: In section 3 current debt repayment order excluded debt
a: any amount payable under a maintenance order under the Family Proceedings Act 1980; and
b: any amount payable under the Child Support Act 1991; and
c: any student loan balance
51: Section 6 amended (Corporations and other entities not subject to Act)
In section 6(1)(c) summary instalment debt repayment
52: Section 8 amended (Alternatives to bankruptcy)
In section 8(1)(b) summary instalment debt repayment
53: Section 41 amended (Order that disposition or proposal not act of bankruptcy)
In section 41(1)(c) summary instalment debt repayment
54: Section 67 amended (Bankrupt must file statement of affairs with Assignee)
In section 67
2: The Assignee may reject a statement of affairs that in the Assignee’s opinion is incorrect or incomplete.
55: Section 149 amended (Prohibition of bankrupt entering business)
1: In section 149(1)(b) employed by , or work without reward for,
2: In section 149(1)(c) employed by , or work without reward for,
56: Sections 158 and 159 replaced
Replace sections 158 159
158: Bankrupt may retain certain assets
1: The bankrupt may retain as the bankrupt’s own property the following assets:
a: the bankrupt’s necessary tools of trade:
b: necessary household furniture and effects, including clothing, for the bankrupt and the bankrupt’s relatives and dependants:
c: a motor vehicle (up to a maximum value of $6,500).
2: For the purposes of subsection (1)(c), the value of a motor vehicle is the value that the Assignee in the Assignee’s discretion places on it.
3: The fact that the value of the motor vehicle is less than the maximum value specified in subsection (1)(c) does not give the bankrupt rights in relation to other assets in the bankrupt’s estate.
4: The Governor-General may, by Order in Council, amend subsection (1)(c) by increasing the maximum value to take account of any rise in the all groups index number of the New Zealand Consumers Price Index.
57: Section 160 amended (Retention of assets does not affect rights under charge or hire purchase agreement)
In section 160 or 159
58: Section 161 repealed (Retention provisions do not confer rights to other assets)
Repeal section 161
59: Section 162 amended (Relative or dependant may exercise bankrupt’s right to retain assets)
In section 162 or 159
60: Section 164 amended (Assignee may allow bankrupt to retain money)
In section 164(1) $1,200 $1,300
61: Section 165 amended (Assignee may summon bankrupt and others to be examined)
1: Replace the heading to section 165 Assignee may require bankrupt and others to be examined or provide information or assistance
2: Replace section 165(1)(b)
b: require that person to do any 1 or more of the following:
i: produce and surrender to the Assignee or District Court Judge before whom that person appears any document in that person’s possession or control that relates to the bankrupt’s property, conduct, or dealings:
ii: provide the Assignee with any information that the Assignee requests about the bankrupt’s property, conduct, or dealings:
iii: assist the Assignee, to the best of the person’s ability, to carry out the Assignee’s functions and duties under this Act in respect of the bankrupt.
62: Section 171 amended (Assignee may obtain documents)
In section 171 section 165(1)(b) section 165(1)(b)(i)
63: Section 178 amended (Record of examination)
1: Replace section 178(2)(a)
a: signed by the bankrupt; and
2: After section 178(2)
3: The court may, if the bankrupt requests, require that the record of the examination be read over to the bankrupt before the bankrupt signs it.
64: Section 193 amended (Extension of 2 years and 6 months periods)
1: In the heading to section 193 2 years 5 years, 2 years,
2: In section 193 2 years 6 months 5 years 2 years 6 months
65: Section 282 replaced (Definition of undistributed money)
Replace section 282
282: Definition of undistributed money
In sections 283 to 289, undistributed money
a: any money that—
i: was received by the Assignee by the realisation of the property of the bankrupt; and
ii: remains after the Assignee deducts the costs of obtaining the Assignee’s release under sections 408 to 410, if applicable; and
iii: is required to be paid to any person under sections 274 to 281, but is not able to be distributed for any reason:
b: any money that is required to be distributed under section 358(1)
66: Section 286 replaced (Application of undistributed money held in bankruptcy surplus account)
Replace section 286
286: Application of undistributed money held in bankruptcy surplus account
Undistributed money held in the bankruptcy surplus account may be used as follows:
a: for distribution to any person who remains to be paid,—
i: in the case of a bankruptcy, as set out in section 282(a)(iii)
ii: in the case of a debt repayment order, as set out in section 358(1)
b: for the purposes of this Act, to the extent and in the manner allowed by this Act; and
c: subject to section 287, to replace, to the extent of the deficiency, any money misappropriated by an Assignee or any person employed under the provisions of this Act (other than subpart 2 of Part 5); and
d: subject to section 288, to meet the costs of court proceedings, obtaining legal advice, or employing an accountant or other experts in circumstances where the creditors of a bankrupt are unable to pay those costs, or it would be unfair or inequitable that they should do so.
67: New section 290A inserted (Automatic discharge of bankrupts who die before filing statement of affairs)
After section 290
290A: Automatic discharge of bankrupts who die before filing statement of affairs
If a bankrupt dies before filing a statement of affairs, the bankrupt is automatically discharged from bankruptcy 3 years after the bankrupt’s death.
68: Part 5 heading amended
In the Part 5 summary instalment debt repayment
69: Subpart 3 heading in Part 5 replaced
In Part 5, replace the subpart 3
3: Debt repayment orders
70: Section 340 replaced (Summary instalment order)
Replace section 340
340: Debt repayment order
A debt repayment order is an order by the Assignee that the debtor pay their debts—
a: in instalments or otherwise; and
b: in full or to the extent that the Assignee considers practicable in the circumstances of the case.
71: Section 341 amended (Who may apply for order)
In section 341 summary instalment debt repayment
72: Section 342 amended (Form of application)
In section 342(1) summary instalment debt repayment
73: Section 343 replaced (Assignee may make summary instalment order)
Replace section 343
343: Assignee may make debt repayment order
1: The Assignee may make a debt repayment order if the Assignee is satisfied that—
a: the debtor’s total unsecured debts (apart from any excluded debt) that would be provable in the debtor’s bankruptcy are not more than $50,000; and
b: the debtor is unable immediately to pay those debts; and
c: the order relates only to those debts.
2: Before making the order, the Assignee must allow the debtor or a creditor to make representations, if the debtor or creditor wants to do so.
3: A debt repayment order is not invalid if the total amount of the debts proved is more than the amount specified in subsection (1)(a), but in that case—
a: the supervisor appointed under section 345 may refer the matter to the Assignee; and
b: the Assignee may, if the Assignee thinks appropriate, cancel the order.
4: The amount in subsection (1)(a) may be varied by the Governor-General by Order in Council to take account of increases in the all groups index number of the New Zealand Consumers Price Index.
74: Section 345 amended (Appointment of supervisor)
In section 345(1) summary instalment debt repayment
75: Section 346 amended (Role of supervisor)
In section 346(1) term’s of the summary instalment terms of the debt repayment
76: Section 349 amended (Period of instalments)
In section 349 summary instalment debt repayment
77: Section 350 amended (Variation or cancellation of order by Assignee on application from debtor, creditor, or supervisor)
In section 350 summary instalment debt repayment
78: Section 350A replaced (Cancellation of order by Assignee without application)
Replace section 350A
350A: Cancellation of order by Assignee without application
The Assignee may (without an application from any person) cancel a debt repayment order if satisfied that the debtor—
a: is in default under the order; or
b: is able immediately to pay the debtor’s unsecured debts (apart from any excluded debt); or
c: cannot be located.
79: Section 351 amended (Effect of order)
In section 351 summary instalment debt repayment
80: Section 352 amended (Proceedings against debtor)
1: In section 352(1) debt (other than an excluded debt)
2: In section 352 summary instalment debt repayment
81: Section 353 amended (Supervisor must give notice of summary instalment order to creditors)
1: In the heading to section 353 summary instalment debt repayment
2: In section 353 summary instalment debt repayment
82: Section 354 amended (Public register of debtors subject to current summary instalment order)
1: In the heading to section 354 summary instalment debt repayment
2: In section 354(1) summary instalment debt repayment
83: Section 355 amended (Meaning of current summary instalment order)
1: In the heading to section 355 summary instalment debt repayment
2: In section 355 summary instalment debt repayment
84: Section 356 amended (Creditor’s claim)
In section 356(1) summary instalment debt repayment
85: Section 357 amended (Payment of debtor’s earnings to supervisor)
In section 357(1) summary instalment debt repayment
86: Section 358 replaced (Distribution of money paid by debtor)
Replace section 358
358: Distribution of money paid by debtor
1: The supervisor must distribute the money paid by the debtor under the debt repayment order in the following order:
a: first, payment of the costs of administration (including the supervisor’s remuneration) in accordance with the prescribed scale:
b: secondly, the Assignee’s costs and fees:
c: thirdly, payment of the debts in accordance with the order:
d: fourthly, payment of any surplus to the debtor.
2: For the treatment of money that is not able to be distributed, see sections 282
358A: Discharge of debtor after distribution made
The debtor is discharged from the unsecured debts to which the debt repayment order relates if the supervisor pays in full, from the money received under the order, the amounts in section 358(1)(a) to (d)
358B: Effect of discharge
1: On discharge under section 358A
2: However, subsection (1) does not apply to—
a: any debt or liability incurred by fraud or fraudulent breach of trust to which the debtor was a party:
b: any debt or liability for which the debtor has obtained forbearance through fraud to which the debtor was a party.
3: The debts and liabilities referred to in subsection (2) become again enforceable on discharge under section 358A
358C: Discharge does not release partners and others
A discharge under section 358A
a: a business partner of the discharged debtor; or
b: a co-trustee with the discharged debtor; or
c: jointly bound or had made any contract with the discharged debtor; or
d: a guarantor or in the nature of a guarantor of the discharged debtor.
87: Section 359 amended (Default by debtor)
In section 359(1) summary instalment debt repayment
88: Section 360 amended (Offence of obtaining credit)
In section 360 summary instalment debt repayment
89: Section 363 amended (Criteria for entry to no asset procedure)
1: Replace section 363(1)(d)
d: the debtor has total debts (apart from any excluded debt) that are not less than $1,000 and not more than $50,000; and
2: In section 363(1)(e) debts ; and
3: After section 363(1)(e)
f: the outcome for any creditor would not be materially better if the debtor were adjudicated bankrupt.
4: Replace section 363(2)
2: In this section, realisable assets
a: excludes the assets that a bankrupt is allowed to retain under section 158
b: includes any assets (for example, gifted assets) that might be recoverable by the Assignee if the debtor were adjudicated bankrupt on the date of application for entry to the no asset procedure and if the irregular transaction provisions in subpart 7 of Part 3 applied.
90: Section 374 replaced (Assignee may apply for preservation order)
Replace section 374
374: Assignee may apply for preservation order
1: This section applies if—
a: the Assignee intends to terminate, or has terminated, a debtor’s participation in the no asset procedure on the ground that the debtor concealed assets or misled the Assignee; or
b: the Assignee or a creditor intends, under section 377C
2: The court may, on the application of the Assignee, make an order for the preservation of the debtor’s assets pending an application for the debtor’s adjudication.
3: The order—
a: may be on the terms and conditions that the court thinks fit; and
b: is effective, unless the court states otherwise, from the time that the order is made.
91: New sections 377C to 377E inserted
After section 377B
377C: Court may reverse cancellation of debtor’s debts
1: The court may, on the application of the Assignee or a creditor, reverse the cancellation under section 377A of a debtor’s debts.
2: The cancellation of debts may be reversed at any time before 2 years after the date of the cancellation.
377D: Grounds for reversing cancellation of debts
1: The court may reverse a cancellation under section 377A of a debtor’s debts if—
a: the debtor has been given notice of the application for cancellation (including the grounds relied on by the applicant); and
b: the court is satisfied that facts have been established that—
i: were not known to the Assignee before the debtor was discharged from the no asset procedure; and
ii: had the Assignee known of them, would have justified the Assignee in terminating the debtor’s participation in the no asset procedure under section 373(1)(a).
2: The court must not reverse the cancellation of debts if the applicant is a creditor and the facts relied on by the applicant were known to the applicant at the time the debtor was discharged.
377E: Effect of reversal of cancellation of debts
1: If the court reverses a cancellation under section 377A of a debtor’s debts, the debts that were cancelled under section 377A(1) become again enforceable, and the debtor is liable to pay any penalties and interest that may have accrued during the debtor’s participation in the procedure or after the debtor was discharged.
2: However, the reversal does not prejudice or affect the validity of any contract, sale, disposition, or payment made or anything done by the debtor before the cancellation was reversed.
92: Section 441 amended (Regulations)
In section 441(1)(r) summary instalment debt repayment
93: Section 448 amended (Purposes of public registers)
In section 448 summary instalment debt repayment
94: Section 449 amended (General information that must be held in public registers)
1: In section 449 summary instalment debt repayment
2: After section 449(1)(a)
ab: any other name (including any alias or trading name) used by P and known to the Assignee:
3: After section 449(1)(g)
ga: if a debt repayment order is made in respect of P, the date of the debt repayment order:
4: In section 449(1)(n) business postal address electronic address
95: Section 453 amended (Search criteria)
In section 453 summary instalment debt repayment
96: Section 454 amended (Search purposes)
In section 454 summary instalment debt repayment
97: Consequential amendments to other enactments
Amend the enactments specified in Part 3 2020-01-13 Protection of Personal and Property Rights Act 1988 High Court Rules 2016 Insolvency (Personal Insolvency) Regulations 2007
98: Schedule 1AA amended
In Schedule 1AA, after Part 1 Schedule 3
9: Amendments to Limited Partnerships Act 2008
99: Amendments to Limited Partnerships Act 2008
This Part amends the Limited Partnerships Act 2008 2020-01-13 Limited Partnerships Act 2008
100: Section 8 amended (Requirements for limited partnership)
1: Replace section 8(4)(a)(ii)
ii: lives in an enforcement country and is a director of a body corporate that is incorporated in that enforcement country under a law that is equivalent to the Companies Act 1993:
2: Replace section 8(4)(b)(ii)
ii: live in an enforcement country and are directors of a body corporate that is incorporated in that enforcement country under a law that is equivalent to the Companies Act 1993:
3: Replace section 8(4)(c)(ii)
ii: live in an enforcement country and are directors of a body corporate that is incorporated in that enforcement country under a law that is equivalent to the Companies Act 1993:
4: Replace section 8(4)(e)(ii)
ii: live in an enforcement country and are directors of a body corporate that is incorporated in that enforcement country under a law that is equivalent to the Companies Act 1993.
101: Section 19A amended (Qualifications of general partners: natural persons)
After section 19A(2)(d)
da: a person who is prohibited from being a director of a company under section 299(1)(b) of the Insolvency Act 2006:
db: a person who is prohibited from directly or indirectly being concerned, or taking part, in the management of a company under section 299(1)(c) of the Insolvency Act 2006:
102: Section 52 amended (Application for registration)
1: Repeal section 52(1)(d)(iii)
2: After section 52(2)
3: If the requirement under section 8(4) is to be met by virtue of paragraph (a)(ii), (b)(ii), (c)(ii), or (e)(ii) of that section, the application must—
a: confirm that at least 1 of the natural persons referred to in that paragraph is a director of a body corporate that is incorporated in that enforcement country under a law that is equivalent to the Companies Act 1993; and
b: include the prescribed information in relation to that directorship.
103: Section 101 amended (Restoration to register of limited partnerships)
In section 101 (except section 328(3)(a))
104: Consequential amendment to other enactment
Amend the enactment specified in Part 4 2020-01-13 Limited Partnerships Regulations 2008
10: Amendments to Personal Property Securities Act 1999
105: Amendments to Personal Property Securities Act 1999
This Part amends the Personal Property Securities Act 1999 2020-01-13 Personal Property Securities Act 1999
106: Section 139 amended (Personal property securities register)
Replace section 139(1)
1: The Registrar must keep a register of personal property security interests known as the personal property securities register.
107: Section 140 amended (Contents of register)
Replace section 140(b)
b: if the debtor is an organisation that is incorporated,—
i: if it is incorporated in New Zealand, the unique number assigned to it on its incorporation; or
ii: if it is registered under Part 18 of the Companies Act 1993 or Part 3 of the Limited Partnerships Act 2008, the unique number assigned to it on its registration under that Act; or
iii: in any other case, the unique number (if any) assigned to it on its incorporation in its place of incorporation:
108: Section 142 amended (Data required to register financing statement)
Replace section 142(1)(c)
c: if the debtor is an organisation that is incorporated, its unique incorporation or registration number referred to in section 140(b)
109: Section 172 amended (Search criteria)
Replace section 172(b) to (d)
b: the name and address of the debtor:
c: if the debtor is an individual, the name and date of birth of the debtor:
d: if the debtor is an organisation that is incorporated, its unique incorporation or registration number referred to in section 140(b)
110: Consequential amendment to other enactment
Amend the enactment specified in Part 5 2020-01-13 Personal Property Securities Regulations 2001
11: Amendments to Plant Variety Rights Act 1987
111: Amendments to Plant Variety Rights Act 1987
This Part amends the Plant Variety Rights Act 1987 2020-01-13 Plant Variety Rights Act 1987
112: Section 5 amended (Applications)
In section 5(1)(c) within New Zealand or Australia
113: Section 35 amended (Service of notices, etc)
In section 35(1)(b) and (c) in New Zealand or Australia
114: Consequential amendment to other enactment
Amend the enactment specified in Part 6 2020-01-13 Plant Variety Rights Regulations 1988
12: Amendments to Takeovers Act 1993
115: Amendments to Takeovers Act 1993
This Part amends the Takeovers Act 1993 2020-01-13 Takeovers Act 1993
116: Section 2 amended (Interpretation)
1: In section 2(1) accounting period section 5(1) of the Financial Reporting Act 2013 subsidiary sections 5 to 8 of the Companies Act 1993
2: In section 2(1) code company code company
a: has the meaning given to it in section 2A
b: includes, for the purpose set out in section 2AB
117: Section 2A amended (Meaning of code company)
1: In section 2A(1) a company that— a company—
2: In section 2A(1)(a) is that is
3: In section 2A(1)(b) was that was
4: Replace section 2A(1)(c)
c: that—
i: has 50 or more shareholders and 50 or more share parcels; and
ii: is at least medium-sized.
5: Repeal section 2A(2)
6: After section 2A(3)
4: In this section, a company is at least medium-sized
a: the company has completed 1 or more accounting periods and either or both of the following are true:
i: on the last day of the company’s most recently completed accounting period, the total assets of the company and its subsidiaries (if any) are at least $30 million:
ii: in the most recently completed accounting period, the total revenue of the company and its subsidiaries (if any) is at least $15 million; or
b: the company has not completed its first accounting period and on the last day of the most recently completed month the total assets of the company and its subsidiaries (if any) are at least $30 million.
118: New section 2AB inserted (Extended meaning of code company for purpose of completing code-regulated transactions)
After section 2A
2AB: Extended meaning of code company for purpose of completing code-regulated transactions
1: This section applies if a company ceases to be a code company within the meaning of section 2A(1) as the result of, or during, a transaction or an event regulated under the takeovers code.
2: The company continues to be treated as a code company for the purpose of completing the transaction or event, until the transaction or event is complete and all requirements of the code in relation to the transaction or event have been complied with.
3: For the purposes of subsection (2), if, as a result of the transaction or event, a person becomes a dominant owner in the company, completing the transaction or event
4: Subsection (2) does not prevent the company from again becoming a code company under section 2A(1).
5: In this section,—
a: dominant owner
b: words or expressions used in the definition of dominant owner have the same meanings as they have in the takeovers code:
c: a reference to rules in Part 7 of the code includes any other rules that, with or without modification, replace or correspond to those rules.
119: Schedule 1AA amended
In Schedule 1AA, after clause 1 Schedule 4
120: Consequential revocation of Takeovers Code (Small Code Companies) Exemption Notice 2016
The Takeovers Code (Small Code Companies) Exemption Notice 2016 2020-01-13 Takeovers Code (Small Code Companies) Exemption Notice 2016
121: Consequential amendments to other enactment
Amend the enactment specified in Part 7 2020-01-13 Takeovers Regulations 2000 Takeovers Code Approval Order 2000 was the original name. Title changed on 29 October 2018
13: Amendments to Trade Marks Act 2002
122: Amendments to Trade Marks Act 2002
This Part amends the Trade Marks Act 2002 2020-01-13 Trade Marks Act 2002
123: Section 5 amended (Interpretation)
In section 5(1) registered trade mark means , subject to section 60
124: New section 7A inserted (Transitional, savings, and related provisions)
After section 7
7A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
125: New section 13A inserted (Trade mark not registrable if related certification trade mark owned)
After section 13
13A: Trade mark not registrable if related certification trade mark owned
If a person owns a certification trade mark in respect of goods or services, a trade mark in respect of goods or services of the kind certified must not be registered in the name of that person.
126: Section 14 amended (Additional provisions that relate to registrability of certification trade marks)
In section 14(b) carries on a trade in owns a trade mark in respect of, or otherwise carries on trade in,
127: Section 53 replaced (Reissuing certificate of registration)
Replace section 53
53: Replacement of certificate of registration
The Commissioner must issue a new certificate of registration to replace an existing certificate if—
a: an application for a new certificate of registration has been made in the prescribed manner; and
b: the prescribed fee, if any, has been paid.
128: Sections 59, 60, and 60A replaced
Replace sections 59 60 60A
59: Procedure for renewal of registration
1: On application by the owner of a registered trade mark, the Commissioner must renew the registration of the trade mark from the date on which the registration expires (the expiry date
2: An application for renewal must be made to the Commissioner—
a: not more than 12 months before, and not more than 6 months after, the expiry date; and
b: in the prescribed manner.
3: If the owner has not applied for renewal, the Commissioner must send to the owner a notice setting out—
a: the date on which the registration of the trade mark will expire; and
b: the conditions (as to the payment of fees or otherwise) on which the registration will be renewed (the renewal conditions
c: that,—
i: if the registration is not renewed before the expiry date, the register will be changed to record that the trade mark’s status is registered-past expiry date; and
ii: if the registration has still not been renewed 6 months after the expiry date, the trade mark will be removed from the register.
4: The notice must be sent in the prescribed manner before the expiry date.
5: If the registration of a trade mark is not renewed before its expiry date, the Commissioner must record on the register that its status is registered-past expiry date (until the registration is renewed or it is removed from the register).
6: The Commissioner must remove the trade mark from the register if—
a: notice has been sent under subsection (3); and
b: 6 months have elapsed since the expiry date; and
c: the renewal conditions have not been met.
60: Effect of registered-past expiry date status
1: A trade mark has the status of registered-past expiry date
a: the trade mark’s registration expiry date (referred to in section 59
b: the trade mark has not yet been removed from the register.
2: While the trade mark’s status is registered-past expiry date, the trade mark—
a: is not a registered trade mark for the purposes of subparts 1 to 3 of Part 4
b: is a registered trade mark for all other purposes.
3: If the trade mark’s registration is renewed before it is removed from the register under section 59(6)
a: the renewed registration takes effect from the expiry date ( see section 59(1)
b: the trade mark is taken to have remained a registered trade mark for all purposes from that date as if its status had not changed.
129: Section 65 amended (Application for revocation of registration of trade mark)
In section 65(1) mark on any of the grounds set out in section 66
130: Section 66 amended (Grounds for revoking registration of trade mark)
1: In section 66(1) registration of a trade mark may be revoked on any of the following grounds grounds for revoking the registration of a trade mark are as follows
2: In section 66(2) despite subsection (1), a trade mark may not be revoked there are not grounds for revoking the registration of a trade mark
3: Replace section 66(3)
3: Subsection (1)(a) does not apply if the owner commences or resumes genuine use of the trade mark in the course of trade in New Zealand after the expiry of the 3-year period and before the application for revocation is made.
131: Section 68 amended (Revocation of registration of trade mark)
Replace section 68(1)
1: If the Commissioner or the court is satisfied that grounds for revocation of the registration of the trade mark exist, the Commissioner or the court must,—
a: if the grounds exist in respect of all of the goods or services in respect of which the trade mark is registered, revoke the registration of the trade mark; or
b: if the grounds exist in respect of only some of the goods or services in respect of which the trade mark is registered, revoke the registration of the trade mark in so far as it relates to those goods or services.
132: Section 167 replaced (Security for costs)
Replace section 167
167: Commissioner or court may require security for costs
1: The Commissioner or the court, as the case may be, may require a party to legal proceedings under this Act to give security for the costs of the proceedings if satisfied that—
a: the party does not reside, and does not carry on business, in New Zealand; or
b: there is reason to believe that the party will be unable to pay the costs of the other party if unsuccessful in the proceedings.
2: If the party does not give the security required, the Commissioner or the court may treat the proceedings as abandoned by the party and determine the matter accordingly.
133: Section 182 amended (Contents of register)
After section 182(b)
ba: if the trade mark’s status is registered-past expiry date (as defined in section 60
134: Section 191 repealed (Declarations, etc, on behalf of certain persons)
Repeal section 191
135: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 5 Trade Marks Act 2002
136: Consequential amendments to other enactment
Amend the enactment specified in Part 8 2020-01-13 Trade Marks Regulations 2003
14: Amendments to Weights and Measures Act 1987
137: Amendments to Weights and Measures Act 1987
This Part amends the Weights and Measures Act 1987 2020-01-13 Weights and Measures Act 1987
138: Section 28 amended (Powers of Inspectors)
Replace section 28(1)(h)(i)
i: any goods sold, or currently kept, displayed, offered, or exposed for sale; or
139: Section 32 amended (Offences)
1: In section 32(i) uses, sells, or offers or exposes for sale uses, sells, leases, or offers or exposes for sale or lease
2: In section 32(j) or sells , sells, or leases
3: Replace section 32(k)
k: without lawful excuse—
i: increases or diminishes any stamped weight or measure; or
ii: uses, sells, leases, or offers or exposes for sale or lease any stamped weight or measure that has been increased or diminished; or


1: Title
This Act is the Regulatory Systems (Workforce) Amendment Act 2019.
2: Commencement
This Act comes into force on the day that is 2 months after the date on which it receives the Royal assent.
1: Amendments to Employment Relations Act 2000 and consequential amendment
1: Amendments to Employment Relations Act 2000
3: Amendments to Employment Relations Act 2000
This subpart amends the Employment Relations Act 2000 2020-01-13 Employment Relations Act 2000
4: Section 171 amended (Salaries and allowances)
In section 171(3) Chief of the Authority or of a member of the Authority to whom a delegation has been made under section 166B
5: New section 229A inserted (Investigating question of employment)
After section 229
229A: Investigating question of employment
1: For the purpose of performing the Labour Inspector’s functions and duties under any Act specified in section 223(1), a Labour Inspector may, subject to sections 229(5), (5A), and (6) and 230 to 233, also exercise any of the powers under section 229 to investigate whether—
a: any place is a workplace; or
b: any person performing work is an employee (as distinct, for example, from an independent contractor or a volunteer); or
c: any person for whom work is being performed is an employer.
2: In relation to the exercise of those powers in such an investigation, section 229 is to be read with any appropriate modifications, including that—
a: the power of entry under section 229(1)(a) applies with respect to any premises where the Labour Inspector has reasonable grounds to believe work is being performed; and
b: the power to interview under section 229(1)(b) applies with respect to any person present in such premises; and
c: employee
d: employer
e: the powers under section 229(1)(c) and (d) apply with respect to any record or document that the Labour Inspector reasonably believes may assist in determining a matter referred to in subsection (1)(a) to (c).
3: Every person for whom work is performed and who, without reasonable cause, fails to comply with any requirement made of that person under section 229(1)(c) or (d) as modified by subsection (2)(e) is liable, in an action brought by a Labour Inspector, to a penalty under this Act imposed by the Authority.
6: Section 230 amended (Entry of dwellinghouses)
In section 230(1) section 229 section 229 or 229A
7: Section 231 amended (Entry warrant)
Replace section 231(a) and (b)
a: is a place in which any person is employed or is the only practicable means through which such a place may be entered; or
b: in any case to which section 229A
8: Section 233 amended (Obligations of Labour Inspectors)
In section 233(1), (2), and (3) section 229(1)(a) section 229(1)(a) or 229A
9: Section 233A amended (Obligation of Labour Inspector and department not to disclose information)
In section 233A section 229 section 229 or 229A
2: Consequential amendment
Amendment to Remuneration Authority Act 1977
10: Amendment to Remuneration Authority Act 1977
1: This section amends the Remuneration Authority Act 1977
2: In Schedule 4 The Chief of the Employment Relations Authority, members of the Employment Relations Authority to whom a delegation has been made under section 166B of the Employment Relations Act 2000, and other members of the Employment Relations Authority 2020-01-13 Remuneration Authority Act 1977
2: Amendment to Holidays Act 2003
11: Amendment to Holidays Act 2003
1: This section amends the Holidays Act 2003
2: In section 75(1)(a) and (b) employer or the person who is involved in the failure to comply 2020-01-13 Holidays Act 2003
3: Amendments to Parental Leave and Employment Protection Act 1987
12: Amendments to Parental Leave and Employment Protection Act 1987
This Part amends the Parental Leave and Employment Protection Act 1987 2020-01-13 Parental Leave and Employment Protection Act 1987
13: Section 1B amended (Outline)
In section 1B(5)
a: replace or for , for
b: after ( see , or for the spouse or partner of a primary carer to become the primary carer of a child ( see section 7(1)(b)(iii)
14: Section 7 amended (Meaning of primary carer)
After section 7(1)(b)(ii)
iii: neither subparagraph (i) nor (ii) applies and all of the following are true:
A: the child is under 1 year of age; and
B: the spouse or partner, because of the death of the biological mother or for any other reason, has taken permanent primary responsibility for the care, development, and upbringing of the child to the exclusion of the biological mother; and
C: at the time the spouse or partner took that permanent primary responsibility, the biological mother either had not applied for, or did not qualify to apply for, a parental leave payment:
15: Section 8 amended (Entitlement to primary carer leave)
After section 8(2)
3: Subsection (2) does not apply to an employee who is a primary carer under section 7(1)(b)(iii)
16: Section 10 amended (Date of commencement of primary carer leave)
After section 10(a)
aa: in the case of an employee who is a primary carer under section 7(1)(b)(iii)
17: Section 30B amended (Employee may make request)
After section 30B(3)(a)
aa: in the case of an employee who is a primary carer under section 7(1)(b)(iii)
18: Section 31 amended (Obligation to notify employer)
After section 31(3)
4: Despite subsection (3), in the case of an employee who is a primary carer under section 7(1)(b)(iii)
19: Section 36 amended (Obligation to notify employee)
After section 36(2)
2A: In the case of an employee who is a primary carer under section 7(1)(b)(iii)
20: Section 71D amended (Entitlement to parental leave payments)
After section 71D(2)
2A: Subsection (2) does not apply to a person who is a primary carer under section 7(1)(b)(iii)
21: Section 71I amended (Applications for payment)
After section 71I(2)
2A: In the case of an employee or a self-employed person who is a primary carer under section 7(1)(b)(iii)
a: the date on which the person returns to work; or
b: the date that is the first anniversary of the date on which the person became the primary carer in respect of the child.
22: Section 71K amended (Start of parental leave payment)
After section 71K(3)
4: Despite subsections (1) to (3), in the case of a person who is a primary carer under section 7(1)(b)(iii)
a: if the person is an employee who takes a period of paid leave at the start of his or her parental leave period, on the day after the date on which that period of paid leave ends, if the person so elects; and
b: otherwise, on the date that the person designates, which must be on, or within a reasonable period after, the date on which the person becomes the primary carer in respect of the child.


1: Title
This Act is the Regulatory Systems (Housing) Amendment Act 2019.
2: Commencement
This Act comes into force immediately after the expiry of the 2-month period that starts on the date of Royal assent.
1: Amendments to Public and Community Housing Management Act 1992
3: Amendments to Public and Community Housing Management Act 1992
This Part Public and Community Housing Management Act 1992 2020-01-13 Public and Community Housing Management Act 1992
4: Section 172 amended (Register of community housing providers)
1: In section 172(c) the full details in the case of a registered provider who obtains a class of registration that qualifies that provider as being eligible to receive Crown grants or assets of the Crown or a Crown entity, the full details
2: In section 172
2: Subsection (1)(b)
2: Amendments to Retirement Villages Act 2003
5: Amendments to Retirement Villages Act 2003
This Part Retirement Villages Act 2003 2020-01-13 Retirement Villages Act 2003
6: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
7: Section 79 amended (Contraventions of certain provisions an offence)
1: In section 79(3) , 26
2: In section 79(3) , 92(2)
8: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule


1: Title
This Act is the Organ Donors and Related Matters Act 2019.
2: Commencement
1: Part 1
2: Part 2
a: a date appointed by the Governor-General by Order in Council; and
b: the date that is 2 years after the day on which this Act receives the Royal assent. Section 2(a) brought into force 30 November 2020 clause 2 Organ Donors and Related Matters Act 2019 Commencement Order 2020
1: Amendments to Compensation for Live Organ Donors Act 2016
3: Amendments to Compensation for Live Organ Donors Act 2016
This Part amends the Compensation for Live Organ Donors Act 2016 2019-11-17 Compensation for Live Organ Donors Act 2016 see section 2(1)
4: Section 4 amended (Interpretation)
In section 4 approved overseas organ exchange programme Schedule 5 reduced hours usual hours
a: the donor’s hours of employment per week as specified in the donor’s employment agreement; or
b: if paragraph (a) does not apply to the donor, or the donor is a shareholder employee or is self-employed, the most common number of hours that the donor works each week as assessed over the 12-week period immediately before the application date
5: Section 9 amended (Who are qualifying donors)
After section 9(2)
3: The criteria in subsection (1)(b) and (c) do not apply if the person—
a: has donor surgery as part of an approved overseas organ exchange programme; and
b: complies with any conditions specified in Schedule 5
6: Section 10 amended (Qualifying donors entitled to earnings compensation for up to 12 weeks while recuperating)
1: In section 10(1)(b) his or her employment employment, or, if the donor returns to employment on reduced hours, the date that the donor resumes employment on usual hours
2: After section 10(4)
5: Subsection (6) applies if, within the 12 weeks after the date of the donor surgery, the donor—
a: returns to employment on usual hours; and
b: is subsequently unable to continue working those hours because of the effects of the surgery; and
c: continues to work, but on reduced hours.
6: If this subsection applies, the Director-General must pay a qualifying donor earnings compensation for the period that the donor worked reduced hours within the 12 weeks after the date of the donor surgery.
7: Section 17 amended (Decisions on applications)
In section 17(1)(b)(i) of the conditions set out in section 9(1) of the applicable criteria in section 9
8: Section 18 amended (When Director-General may revoke or revise decisions)
In section 18(1)(a)(i) of the conditions set out in section 9(1) of the applicable criteria in section 9
9: Section 29 amended (Regulations)
1: In section 29(2) the recommendation a recommendation under subsection (1)
2: After section 29(2)
3: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health,—
a: approve an overseas organ exchange programme by including it in Schedule 5
b: specify in Schedule 5
c: remove an approved overseas organ exchange programme from Schedule 5
d: amend or remove any conditions specified in Schedule 5
e: make minor amendments to Schedule 5
4: Before recommending that an overseas organ exchange programme be approved under subsection (3)(a), the Minister must be satisfied, for each overseas country participating in the programme, that—
a: the programme has been agreed between a central government agency of the overseas country and the New Zealand Ministry of Health; and
b: the overseas country has ratified—
i: the United Nations Convention against Transnational Organized Crime; and
ii: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
5: Before recommending an amendment under subsection (3)(a), (b), or (c), the Minister must consult any person or organisation that the Minister considers has an interest in, or will be representative of the interests of people likely to be substantially affected by, the proposed amendment.
10: Schedule 1 amended
In Schedule 1, after clause 5
2: Provisions relating to Act as amended by Organ Donors and Related Matters Act 2019
6: Interpretation
In this Part,— amendment Act commencement date Part 1 former section 10 new section 10
7: Application of new section 10 to previous qualifying donors
1: New section 10 applies to a person who,—
a: before the commencement date, had received compensation under former section 10 as a qualifying donor; and
b: during the payment period,—
i: returned to employment on reduced hours; or
ii: after returning to employment on usual hours, worked reduced hours because of the effects of the surgery.
2: The person may apply to the Director-General for additional compensation under new section 10 for the period during which the person worked those reduced hours.
3: The person must provide the Director-General with any evidence that the Director-General reasonably requests for the purpose of ascertaining the matters referred to in subclause (1)(b).
8: Compensation for donor who had surgery as part of Australian and New Zealand Paired Kidney Exchange Program before commencement date
1: A person may, no later than 120 days after the commencement date, apply to be a qualifying donor if,—
a: before the commencement date, the person had donor surgery as part of the Australian and New Zealand Paired Kidney Exchange Program; and
b: the person was registered with the New Zealand Kidney Exchange Programme at the time of the surgery.
2: This Act applies to the person with all necessary modifications, except that—
a: section 16(2) and (3) does not apply; and
b: when making a decision under section 12(1), the Director-General must (instead of being satisfied of the criteria in section 12(1)(a) to (d)) be satisfied that—
i: the donor had to forgo earnings during the period referred to in section 12(1) in order to undertake 1 or more activities in preparation for the surgery; and
ii: the donor could not reasonably undertake the activities without taking leave from employment for that period; and
iii: the activities were medically necessary for the surgery to be carried out; and
c: the Director-General may rely on a certificate of a medical practitioner when deciding whether an activity was medically necessary for the purpose of paragraph (b)(iii); and
d: any payment of earnings compensation under section 13(b) must be made no later than 60 days after the person receives notice that the person’s application for compensation is approved.
11: Schedule 2 amended
1: In Schedule 2, clause 2(b) clause 3 or 3A
2: In Schedule 2, after clause 3
3A: Discretion to decrease amount calculated
1: The Director-General may decrease the rate of earnings compensation for a qualifying donor if, during the payment period, the qualifying donor returns to employment on reduced hours.
2: In setting a rate under subclause (1), the Director-General must—
a: take into account the additional earnings received by the qualifying donor as a result of the donor returning to employment on reduced hours; and
b: be satisfied that the qualifying donor’s earnings are the same—
i: immediately before the start of the payment period; and
ii: during the payment period; and
c: have regard to the evidence available of the donor’s earnings.
12: New Schedule 5 inserted
After Schedule 4 Schedule
2: Amendments to New Zealand Public Health and Disability Act 2000
13: Amendments to New Zealand Public Health and Disability Act 2000
This Part amends the New Zealand Public Health and Disability Act 2000 OIC LI 2020/192 2020-11-30 New Zealand Public Health and Disability Act 2000 May be brought into force by earlier by OIC (see section 2(2))
14: Section 5 amended (Outline)
Replace section 5(6)
6: A statutory entity called the New Zealand Blood and Organ Service ( NZBOS
15: Section 6 amended (Interpretation)
1: In section 6(1) NZBS NZBOS section 54
2: In section 6(1) publicly-owned health and disability organisation NZBS NZBOS
16: Section 54 replaced (NZBS)
Replace section 54
54: NZBOS
1: This section establishes the New Zealand Blood and Organ Service.
2: NZBOS is the same organisation that, immediately before the commencement of the Organ Donors and Related Matters Act 2019, was known as the New Zealand Blood Service.
3: NZBOS is owned by the Crown.
4: The Crown Entities Act 2004 applies to NZBOS except to the extent that this Act provides otherwise.
17: Section 55 amended (Functions of NZBS)
1: In the heading to section 55 NZBS NZBOS
2: In section 55(1) NZBS NZBOS
3: After section 55(1)(b)
ba: to provide oversight and clinical governance of the organ donation system, to provide support to the transplantation system, and to manage any related or incidental matters, in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 65) any directions given under the Crown Entities Act 2004; and
18: Section 56 amended (Membership of board)
In section 56(1) NZBS NZBOS
19: Section 60 amended (Interpretation)
In section 60(b) NZBS NZBOS
20: Section 65 amended (Restrictions on directions by Minister)
1: In section 65(4) and (4A)(a) NZBS NZBOS
2: In section 65(4)
a: NZBOS’s role in providing oversight and clinical governance of the organ donation system and in providing support to the transplantation system; or
21: Section 66 amended (Pharmac, NZBS, and HPA to operate in financially responsible manner)
In the heading to section 66 NZBS NZBOS
22: Section 70 amended (Further provisions)
In section 70 NZBS NZBOS
23: Section 88 amended (Arrangements relating to payments)
In section 88(4) NZBS NZBOS
24: Section 102 amended (References to dissolved entities to be references to their successors)
In section 102(c) NZBS NZBOS
25: Schedule 6 amended
1: In the Schedule 6 NZBS NZBOS
2: In Schedule 6, clause 1(b) NZBS NZBOS
3: In Schedule 6, clause 33 NZBS NZBOS Consequential amendment
26: Health Sector (Transfers) Act 1993 amended
1: This section amends the Health Sector (Transfers) Act 1993
2: In section 2(1) publicly-owned health and disability organisation NZBS NZBOS OIC LI 2020/192 2020-11-30 Health Sector (Transfers) Act 1993 May be brought into force by earlier by OIC (see section 2(2))


1: Title
This Act is the Criminal Cases Review Commission Act 2019.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: To the extent that it is not previously brought into force under subsection (1), the rest of this Act comes into force on 1 July 2020.
3: 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 3 April 2020 clause 2 Criminal Cases Review Commission Act Commencement Order 2020 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose of this Act
The purpose of this Act is to establish an independent body to investigate and review criminal convictions and sentences and decide whether to refer them under the Act to an appeal court.
4: Interpretation
In this Act, unless the context otherwise requires,— appeal court section 18 Chief Commissioner section 9 Commission section 7 Deputy Chief Commissioner section 9 eligible person information responsible Minister sentence section 212 specialist adviser section 10
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Criminal Cases Review Commission
1: Establishment and appointments
7: Criminal Cases Review Commission established
The Criminal Cases Review Commission is established.
8: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of the Crown Entities Act 2004
2: The Crown Entities Act 2004
3: See subpart 7 Crown Entities Act 2004
9: Membership of Commission
1: The Commission must have the following members:
a: a Chief Commissioner:
b: a Deputy Chief Commissioner:
c: at least 1 and not more than 5 other Commissioners.
2: At least 1 member must have knowledge or understanding of te ao Māori and tikanga Māori.
3: At least one-third of the members must be legally qualified.
4: At least two-thirds of the members must have experience in working in the criminal justice system or have other knowledge or expertise relevant to the Commission’s functions and duties, which may include experience, knowledge, or expertise acquired overseas.
5: A person is legally qualified
a: has held a practising certificate as a barrister or as a barrister and solicitor for not less than 7 years; or
b: has been admitted as a barrister, solicitor, barrister and solicitor, advocate, or attorney by a senior court in another country and has practised as such in that country for not less than 7 years.
10: Specialist advisers
1: The Commission may appoint qualified persons, as required, to assist the Commission with any of its functions or duties by giving advice in relation to cultural, scientific, technical, or other matters involving particular expertise.
2: A specialist adviser is subject to the same obligations of confidentiality as members and employees of the Commission under section 35
3: Advice given by a specialist adviser is information provided to the Commission for the purposes of sections 36 37
2: General provisions relating to functions, duties, and powers
11: Primary function
The primary function of the Commission is to investigate and review convictions and sentences and decide whether to refer them to the appeal court under section 17
12: Commission’s power to initiate and conduct inquiries into general matter
1: This section applies if the Commission, in the course of performing its functions and duties under this Act, identifies a practice, policy, procedure, or other matter of a general nature that it considers may be related to cases involving a miscarriage of justice or has the potential to give rise to such cases.
2: The Commission may conduct an inquiry into the matter on its own initiative if it is satisfied that an inquiry is in the public interest.
3: The Commission must provide a written report on the inquiry, including the Commission’s findings and any recommendations it may wish to make, to the Minister of Justice.
4: The Minister of Justice, as soon as practicable after receiving the report, must present it to the House of Representatives.
13: Duty to promote public awareness of functions
The Commission must carry out the activities it considers necessary to make its functions known to, and understood by, the public.
14: Powers of Commission
The Commission has and may exercise all powers necessary for performing its functions and duties.
15: Commission may regulate own procedures
1: Subject to this Act, the Commission may regulate its own procedures for performing its functions and duties as the Commission considers appropriate including, without limitation, its procedures for—
a: obtaining information:
b: conducting interviews or examinations, or taking evidence by other means, including on oath or affirmation:
c: disclosing information obtained in the course of an investigation:
d: giving its opinion to the Minister of Justice under section 29
e: notifying and interacting with victims of crime, where appropriate, when considering a conviction or sentence:
f: handling any complaints to the Commission about its actions, processes, or procedures.
2: The Commission’s powers under this section include, without limitation, the power to specify how a person may make an application to the Commission.
3: The Commission’s procedures must be consistent with the rules of natural justice and the principles of the Treaty of Waitangi (te Tiriti o Waitangi).
4: The Commission must make its procedures publicly available, in the manner it considers appropriate.
16: Manner in which Commission must act
The Commission must act independently, impartially, and fairly in performing its functions and duties and exercising its powers under this Act.
3: Commission’s primary function
Key provisions
17: Ground for referring conviction or sentence to appeal court
1: The Commission may refer a conviction or sentence to the appeal court if the Commission, after reviewing the conviction or sentence, considers that it is in the interests of justice to do so.
2: In deciding whether to refer a conviction or sentence, the Commission must have regard to—
a: whether the eligible person has exercised their rights of appeal against the conviction or sentence; and
b: the extent to which the application relates to argument, evidence, information, or a question of law raised or dealt with in proceedings relating to the conviction or sentence; and
c: the prospects of the court allowing the appeal; and
d: any other matter that the Commission considers relevant.
18: Appeal court to which conviction or sentence may be referred
1: The appeal court to which a conviction may be referred is—
a: the High Court, if the eligible person’s right of first appeal against a conviction under subpart 3
b: otherwise, the Court of Appeal.
2: The appeal court to which a sentence may be referred is—
a: the High Court, if the eligible person’s right of first appeal against a sentence under subpart 4
b: otherwise, the Court of Appeal.
19: Commission must give appeal court reasons for referral
The Commission, when referring a conviction or a sentence to the appeal court, must give the court a statement of its reasons for the referral.
20: Hearing and determination of appeal
The appeal court to which the Commission refers a conviction or sentence must hear and determine the matter as if it were a first appeal against the conviction or sentence.
4: Applications to Commission to refer convictions and sentences
Persons who may apply, etc
21: Who may apply
An eligible person or a representative may apply to the Commission for it to refer a conviction or sentence to the appeal court.
22: How application may be made
An application may be made in the manner required by the Commission.
23: Commission may accept application made in representative capacity
The Commission may accept an application made by a person in a representative capacity if the Commission is satisfied that the person is authorised to act as the eligible person’s representative. Commission’s decision-making powers, etc, relating to applications
24: Commission may decide to take no action in relation to application
The Commission may decide to take no action, or take no further action, in relation to an application if—
a: the eligible person no longer wishes the application to proceed; or
b: the eligible person dies; or
c: in the Commission’s opinion, the application is frivolous, vexatious, or otherwise not made in good faith; or
d: for any other reason, the Commission believes that it is unnecessary or inappropriate for it to take any action or further action.
25: Commission may decide to investigate
1: The Commission may decide to investigate the conviction or sentence to which an application relates.
2: See subpart 2 subpart 6
26: Commission must notify its decision on application for referral
1: The Commission must, as soon as practicable after making a decision under section 17 24
a: the eligible person; and
b: if the application was made by a representative on behalf of the eligible person, the representative.
2: The Commission must, as soon as practicable after notifying those persons, make its decision, and the reasons or a summary of the reasons, publicly available in the manner that the Commission considers appropriate. Commission’s power to act on own initiative
27: Commission’s power to make initial inquiries on its own initiative
1: The Commission may make initial inquiries into a conviction or sentence on its own initiative if it is satisfied that those inquiries are in the public interest.
2: As soon as practicable after starting to make any initial inquiries under this section, the Commission must—
a: notify the eligible person that the Commission has started making those inquiries; and
b: ask that person if they consent to the Commission investigating the conviction or sentence as if they had applied to the Commission to refer the conviction or sentence to the appeal court.
3: If the eligible person does not consent, the Commission must not investigate further and cannot exercise its power to refer the conviction or sentence to the appeal court under section 17
4: In this section, initial inquiries sections 32 33
5: Commission’s functions relating to Royal prerogative of mercy
28: Governor-General may transfer applications for exercise of Royal prerogative to Commission
1: The Governor-General may transfer an application for the exercise of the Royal prerogative of mercy to the Commission if the Governor-General considers that the application is sufficiently connected with the Commission’s primary function or would more appropriately be dealt with as part of that function.
2: The Commission must treat an application transferred to it under this section as if it were an application to the Commission made under subpart 4
3: The provisions of this Act apply accordingly.
29: Advisory function in relation to applications for exercise of Royal prerogative of mercy
1: The Minister of Justice may ask the Commission to provide an opinion on any matter arising in relation to the Royal prerogative of mercy.
2: The Commission must provide that opinion, in writing, to the Minister of Justice.
3: The Commission may exercise its powers under this Act, including its investigative powers under subpart 6
30: Exercise of Royal prerogative of mercy not affected
Nothing in this Act limits or affects the Royal prerogative of mercy.
6: Commission’s investigative powers, protection of information gathered, privileged or confidential information, etc
Investigative powers
31: Powers of investigation: general
1: The Commission may investigate a conviction or sentence under this Act as it considers appropriate.
2: In investigating a matter, the Commission may obtain from any person, under sections 32 33
a: has taken reasonable steps to obtain the information by consent; and
b: considers that the information is unlikely to be obtained by the Commission through any means other than under those sections.
3: Subsection (2) does not affect the ability of the Commission to access court documents in accordance with the rules of practice and procedure applying to the relevant court.
32: Commission may require person to give information
1: The Commission may, by written notice, require a person to—
a: produce documents or things that the person may hold and that may be relevant to the investigation:
b: provide information in writing.
2: The Commission may examine and make copies, take photographs, or create other records of documents or things produced or information provided under subsection (1).
3: Subject to sections 38 to 45
33: Commission may require person to give evidence on oath or affirmation
1: The Commission may take evidence from a person by—
a: requiring the person, by written notice, to appear before the Commission to be examined on oath or affirmation:
b: requiring the person, on appearing before the Commission, to answer questions on oath or affirmation:
c: permitting the person to give the evidence by any other means approved by the Commission and requiring the person to verify that evidence on oath or affirmation.
2: Subject to sections 38 to 45
a: appear before the Commission under subsection (1)(a):
b: answer questions under subsection (1)(b):
c: verify evidence given to the Commission under subsection (1)(c). Enforcement orders
34: Court may make orders for failure to comply with requirements
1: The Commission may apply to the District Court for orders against a person on the grounds that they have failed to comply with a requirement under section 32 33
2: The court may, on the application of the Commission, make either or both of the following orders if the court is satisfied that the person has failed to comply with the requirement:
a: an order directing the person to comply with the requirement specified in the notice:
b: any other order that the court considers appropriate.
3: The court may require a person to produce documents or provide other information to the court for the purposes of determining an application under this section.
4: The court may make an order under this section subject to any conditions the court thinks appropriate. Protection of information gathered
35: Prohibition on disclosure of information unless authorised
1: A person who is, or has been, a member or an employee of the Commission, or a person appointed as a specialist adviser to the Commission, must not disclose any information obtained by the Commission unless the disclosure is authorised under section 36
2: A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000.
3: This section does not affect an individual’s entitlement to request access to information under information privacy principle 6 set out in section 22 Section 35(3) amended 1 December 2020 section 217 Privacy Act 2020
36: Authorised disclosures of information
1: The disclosures specified in subsections (2) and (3) are authorised and may be made at the discretion of the Commission and other persons as specified in those provisions.
2: The Commission may disclose information, or a member of the Commission may authorise the disclosure of information, if satisfied that the disclosure is reasonably necessary—
a: for the purposes of a criminal, disciplinary, or civil proceeding; or
b: in order to assist in dealing with any matter relating to the exercise of the Royal prerogative of mercy; or
c: in order to assist in dealing with any official inquiry or review relating to a person’s conviction or sentence or with any official assessment of whether such an inquiry or review is desirable; or
d: as part of a statement or report required to be made or provided under this Act; or
e: in connection with the performance or exercise of the Commission’s functions, duties, or powers; or
f: for the purposes of the Police or any other enforcement authority investigating an offence or deciding whether to prosecute an offence, provided that the disclosure is not, or would not be, prevented by some obligation of secrecy or limitation on disclosure (including an obligation or limitation imposed by an enactment) other than the obligation imposed by section 35
g: in order to prevent or lessen a serious threat (as defined in section 7(1)
i: public health or public safety; or
ii: the life or health of any individual.
3: The Commission may disclose information, or a member of the Commission may authorise the disclosure of information, if a person with the right to consent to disclosure of that information gives that consent.
4: A member or an employee of the Commission, or a specialist adviser to the Commission, may disclose information to any other member or employee of, or specialist adviser to, the Commission, for the purpose of performing their functions or duties or exercising their powers in that capacity. Section 36(2)(g) amended 1 December 2020 section 217 Privacy Act 2020
37: Application of Official Information Act 1982
Nothing in the Official Information Act 1982 Privileged and confidential communications and information
38: Privileged information
1: Nothing in this Act requires a person to disclose to the Commission any communication or information—
a: to which any of the protections of privilege recognised in sections 54 to 60 64
b: where such disclosure is prevented by an enactment, a rule of law, or an order of a court prohibiting or restricting disclosure or the manner of disclosure.
2: Subsection (1) is subject to section 40
3: If a person claims that a communication or information is protected or prevented from disclosure under subsection (1), the Commission may apply to a District Court Judge for any 1 or more of the following orders:
a: an order determining whether the person’s claim is valid:
b: an order for disclosure under section 39
c: an order disallowing the person’s claim under section 40
39: Order for disclosure
If the Judge determines that a communication or information is not protected or prevented from disclosure under section 38(1)
40: Power of Judge to disallow privilege, etc
1: The Judge may, despite determining that a communication or information is protected or prevented from disclosure under section 38(1)
a: that section 67(1)
b: the following criteria apply:
i: evidence of the communication or information is necessary to enable the Commission to decide whether to refer a person’s conviction or sentence to the appeal court under section 17
ii: the importance of the communication or information to the Commission’s decision outweighs the interests that are protected by withholding the communication or information.
2: This section does not apply to a communication or information to which a protection of privilege under section 60 Confidentiality
41: Protection of journalists’ sources
Section 68
a: as if every reference in that section to—
i: a civil or criminal proceeding were a reference to an investigation under this Act; and
ii: a party were a reference to the Commission; and
iii: the Judge were a reference to a Judge of the High Court; and
b: with any other necessary modifications.
42: Overriding discretion as to confidential information
Section 69
a: as if every reference in that section to—
i: a proceeding were a reference to an investigation under this Act; and
ii: the Judge were a reference to a Judge of the District Court; and
b: with any other necessary modifications.
43: Discretion as to matters of State
Section 70
a: as if every reference in that section to—
i: a proceeding were a reference to an investigation under this Act; and
ii: the Judge were a reference to a Judge of the District Court; and
b: with any other necessary modifications.
44: Who may apply for orders or directions under sections 41 to 43
An application for an order under section 41 sections 42 43
45: General powers of Judge for purposes of provisions concerning privilege and confidentiality
1: A Judge may, for the purposes of considering an application or otherwise exercising a power under sections 38 to 43
2: An order, direction, or requirement made or given under subsection (1) or the sections referred to in that provision may be subject to any conditions the Judge thinks appropriate. Protections for holders of privilege and persons required to disclose
46: Claims of privilege disallowed: protection for holder of privilege against use of information, etc, in proceedings
Any communication or information disclosed as a result of disallowance of a claim of privilege conferred by any sections 54 to 59 64
47: Protection for persons required to disclose information, etc
Where a person discloses a communication or information in compliance with an order of a Judge and any of sections 38 to 43 Status of proceeding
48: Applications for orders under this subpart are civil proceedings for purposes of District Court Act 2016, Senior Courts Act 2016, etc
1: An application to a District Court Judge for an order under this subpart is a civil proceeding for the purposes of the District Court Act 2016 and rules made under that Act.
2: An application to a High Court Judge under section 41 Senior Courts Act 2016 High Court Rules 2016
7: Miscellaneous provisions
Provisions relating to application of Crown Entities Act 2004
49: Commission members’ legal status for purposes of Crown Entities Act 2004
1: The members of the Commission are the board for the purposes of the Crown Entities Act 2004
2: The Chief Commissioner holds office as chairperson of the board for the purposes of the Crown Entities Act 2004
3: The Deputy Chief Commissioner holds office as deputy chairperson of the board for the purposes of the Crown Entities Act 2004
50: Limitation on power to delegate
Despite section 73 section 17
51: Immunities
1: Sections 120 to 126
2: This section is for the avoidance of doubt.
52: Certain provisions relating to statement of intent and statement of performance expectations do not apply
1: Sections 145(d) 147
2: Section 149H(d) 149J
53: Report on additional matter to be included in annual report
The Commission’s annual report under section 150 Amendments to other Acts
54: Amendments to other enactments
The enactments referred to in Schedule 2 OIC 2020/12 2020-04-03 Crown Entities Act 2004 Legal Services Act 2011 Official Information Act 1982 The above 3 Acts brought into force earlier by LI 2020/12 Clause 2(f)(i), (ii), (iii) 2020-07-01 Crimes Act 1961 Victims’ Rights Act 2002 May be brought into force earlier by OIC (see section 2).