Parliamentary Service Act 2000

1: Title
This Act is the Parliamentary Service Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
1: Preliminary provisions
Interpretation Heading inserted 1 January 2011 section 4 Parliamentary Service Amendment Act 2010
3: Interpretation
In this Act, unless the context otherwise requires,— Bowen House lease the lease
a: the building known as Bowen House situated on the corner of Lambton Quay and Bowen Street in Wellington; or
b: any land adjoining that building Chief Executive department section 5 Deputy Speaker
a: the Deputy Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Deputy Speaker at the time of the dissolution or expiry of the Parliament election advertisement section 3A section 5 electioneering
a: a communication of the kind described in section 3B(2)(a)
b: an advertisement of the kind described in section 3B(2)(b)
c: an advertisement of the kind described in section 3B(2)(c) funding entitlements for parliamentary purposes section 3B government initiated referendum Leader of the House Parliamentary Corporation Corporation section 27 parliamentary precincts
a: the land described in Schedule 3
b: land and premises that are subject to the Bowen House lease:
c: any other land or premises added to the parliamentary precincts by a resolution of the House of Representatives under section 25 Parliamentary Service Service section 6 Parliamentary Service Commission Commission section 13 public service section 10 qualifying electoral candidate section 5 recognised party referendum advertisement regulated period section 3B(2) and (3) section 5 regulated period Remuneration Authority section 5 review committee section 20 Speaker
a: the Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the close of any polling day at a general election and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Speaker of the House of Representatives on that day support services Section 3 Chief Executive inserted 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 department amended 7 August 2020 section 135 Public Service Act 2020 Section 3 election advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 electioneering inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 funding entitlements for parliamentary purposes inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 General Manager repealed 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 government initiated referendum inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 public service replaced 7 August 2020 section 135 Public Service Act 2020 Section 3 qualifying electoral candidate inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013 Section 3 referendum advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 Remuneration Authority inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013
3A: Meaning of publish in sections 3B and 3C
In sections 3B 3C publish
a: including—
i: displaying on any medium:
ii: distributing by any means:
iii: delivering to an address:
iv: leaving at a place:
v: sending by post or otherwise:
vi: printing in a newspaper or other periodical:
vii: broadcasting by any means:
viii: disseminating by means of the Internet or any other electronic medium:
ix: storing electronically in a way that is accessible to the public:
x: incorporating in a device for use with a computer:
xi: inserting in a film or video; but
b: excluding addressing 1 or more persons face to face. Section 3A inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3B: Meaning of funding entitlements for parliamentary purposes
1: In this Act, unless the context otherwise requires, funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party of its role and functions as a recognised party:
c: the provision of accommodation services for members of Parliament and qualifying electoral candidates and travel services for family members of those persons in accordance with a determination made by the Remuneration Authority under section 17(1)
d: the provision of travel services for members of Parliament and qualifying electoral candidates in accordance with directions issued by the Speaker under section 23(1)(a)
e: the provision of communications services (other than services including electioneering) in accordance with directions issued by the Speaker under section 23(1)(c)
f: the provision of travel services in accordance with directions issued by the Speaker under section 23(1)(f)
g: the provision of services and resources to qualifying electoral candidates in accordance with directions issued by the Speaker under section 23
2: However, funding entitlements for parliamentary purposes
a: any communication that explicitly—
i: seeks or discourages support for the election of a particular person or people; or
ii: seeks or discourages support for the casting of a party vote for a particular political party or political parties; or
iii: encourages a person to become or discourages a person from becoming a member of a particular political party or political parties; or
iv: solicits subscriptions or other financial support; or
v: seeks support for casting a vote for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993
vi: seeks support for casting a vote for one of the responses to a proposal to be put to electors in a government initiated referendum; or
b: an election advertisement published during the regulated period in relation to a general election, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
c: a referendum advertisement published during the regulated period in relation to a government initiated referendum, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
d: the provision of travel, accommodation, and communications services in accordance with any determination made by the Speaker of the House of Representatives under section 34 relations programme
3: Subsection (2)(b) and (c) are subject to section 3C Section 3B inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010 Section 3B(1)(c) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(d) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(e) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(f) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(g) inserted 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)(d) amended 16 December 2013 section 49(2)(a) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)(d) amended 16 December 2013 section 49(2)(b) Members of Parliament (Remuneration and Services) Act 2013
3C: Apportionment of funding for election advertisement or referendum advertisement published both before and during regulated period
1: This section applies if—
a: an election advertisement is published—
i: before the regulated period in relation to a general election and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a general election; or
b: a referendum advertisement is published—
i: before the regulated period in relation to a government initiated referendum and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a government initiated referendum.
2: If this section applies,—
a: the expenses for the publication of the advertisement must be apportioned so that only a fair proportion of the expenses is attributed to the publication of the advertisement during the regulated period; and
b: only expenses attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a) are excluded from funding entitlements for parliamentary purposes under section 3B(2)(b) and (c)
c: expenditure under Vote Parliamentary Service in respect of the publication of the advertisement is invalid only to the extent, and from the date, that expenses are attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a). Section 3C inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3D: Opinion given by Electoral Commission may be taken into account in determining whether advertisement is election advertisement
An opinion given to any person by the Electoral Commission under section 204I(3) section 7 section 3B(2)(b) Section 3D inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3E: Interpretation of determinations and directions under Members of Parliament (Remuneration and Services) Act 2013
Every determination made by the Remuneration Authority under section 17 section 23 sections 3B 3C Section 3E replaced 16 December 2013 section 50 Members of Parliament (Remuneration and Services) Act 2013 Purposes Heading inserted 1 January 2011 section 7 Parliamentary Service Amendment Act 2010
4: Purposes of this Act
The purposes of this Act are as follows:
a: to establish mechanisms for providing services and funding entitlements for parliamentary purposes:
b: to provide for the governance arrangements of the Parliamentary Service, in particular, by making the Chief Executive
c: to reconstitute the Parliamentary Service Commission as a policy body:
d: to provide for regular and independent reviews of the amounts appropriated in Appropriation Acts for services and funding to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
e: to provide for the ownership and control of land and other assets held for parliamentary purposes. Section 4(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 4(d) replaced 16 December 2013 section 51 Members of Parliament (Remuneration and Services) Act 2013
5: Act to bind the Crown
This Act binds the Crown.
2: Delivery of services and funding entitlements for House of Representatives and its members
Parliamentary Service
6: Parliamentary Service
1: There continues to be a service called the Parliamentary Service.
2: The Parliamentary Service is not an instrument of the executive government.
3: The Parliamentary Service is the same service as that established by section 3 of the Parliamentary Service Act 1985 1985 No 128 s 3
7: Principal duties of Parliamentary Service
The principal duties of the Parliamentary Service are—
a: to provide administrative and support services to the House of Representatives and to members of Parliament; and
b: to administer the payment of funding entitlements for parliamentary purposes, except those funding entitlements for parliamentary purposes that the Speaker and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services agree should not be administered by the Parliamentary Service; and
c: to administer the entitlements of members of the Executive under Part 3
d: to administer the payment of the travel entitlements of former members of Parliament. 1985 No 128 s 4(1) Section 7(b) replaced 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(c) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(d) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013
8: Services and administration of funding in accordance with Members of Parliament (Remuneration and Services) Act 2013, determinations and directions, etc
1: In carrying out its duties under section 7(a) to (c)
a: Part 3
b: directions issued by the Speaker under subsection (3) in respect of services to be provided to the House of Representatives.
2: In carrying out its duties under section 7(d) sections 39 to 42 section 41
3: The Speaker must, in each financial year, issue directions to the Parliamentary Service as to the nature of the administrative and support services to be provided to the House of Representatives and the objectives to be achieved by the Service in providing those services.
4: The Speaker must take into account any relevant advice and any relevant recommendation of the Parliamentary Service Commission given under section 14(1) Section 8 replaced 16 December 2013 section 53 Members of Parliament (Remuneration and Services) Act 2013
9: Other functions of Parliamentary Service
1: The Parliamentary Service may, with the approval of the Speaker, provide administrative and support services for the following persons and agencies:
a: any officer of the House of Representatives:
b: any officer of Parliament:
c: any office of Parliament:
d: any department or other instrument of the Crown.
2: The Service has any other function, power, and duty that is conferred or imposed on it by or under an enactment.
3: This Act does not limit the provision to the House of Representatives or to members of Parliament of administrative and support services by any other department or other instrument of the Crown. 1985 No 128 s 4
9A: Application of section 9C to electoral candidates
Section 9A repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9B: Speaker may give directions for provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9B repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9C: Provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9C repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9D: Speaker to take into account advice and recommendations of Commission
Section 9D repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013 Chief Executive Heading amended 24 October 2019 section 106 Statutes Amendment Act 2019
10: Chief Executive The Chief Executive 1985 No 128 s 28 Section 10 heading amended 24 October 2019 section 104(1) Statutes Amendment Act 2019 Section 10 amended 24 October 2019 section 104(2) section 105 Statutes Amendment Act 2019
11: Principal responsibilities of
Chief Executive
1: The Chief Executive
a: the carrying out of the duties and functions of the Parliamentary Service:
b: the tendering of advice to the Speaker and to the Parliamentary Service Commission:
c: the general conduct of the Service:
d: the efficient, effective, and economical management of the activities of the Service.
2: In addition to the responsibilities in subsection (1), the Chief Executive
a: ensure that information is provided in accordance with section 19
b: perform the functions conferred on the Chief Executive
3: The Chief Executive 1988 No 20 s 32 Section 11 heading amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(1) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(3) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Further provisions relating to Parliamentary Service
12: Further provisions relating to Parliamentary Service
Schedule 1
3: Policy relating to parliamentary resources and services
Parliamentary Service Commission
13: Parliamentary Service Commission
There is a commission called the Parliamentary Service Commission. 1985 No 128 s 5
14: Functions of Parliamentary Service Commission
1: The Parliamentary Service Commission has the following functions:
a: to advise the Speaker on the nature of the services to be provided to the House of Representatives, members of Parliament, parties, and qualifying electoral candidates (other than services in respect of members participating in the official inter-parliamentary relations programme):
b: to advise the Speaker on proposed directions relating to the allocation and administration of funding appropriated in Appropriation Acts to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
c: to recommend to the Speaker persons who are suitable to be members of a review committee.
2: The Commission may at any time require the Speaker or the Chief Executive
3: The Commission has any other function or power conferred on it by or under any enactment.
4: The Commission does not have a role in relation to—
a: business transacted at meetings of the House of Representatives or meetings of committees of the House of Representatives; or
b: any other proceedings in Parliament ; or
c: any matter for which the Clerk of the House of Representatives has responsibility. 1985 No 128 s 6(2), (4), (5) Section 14(1) replaced 16 December 2013 section 56(1) Members of Parliament (Remuneration and Services) Act 2013 Section 14(1)(c) replaced 17 December 2016 section 75 Statutes Amendment Act 2016 Section 14(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 14(4)(b) amended 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013 Section 14(4)(c) inserted 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013
15: Membership of Commission during term of Parliament
1: During the term of each Parliament, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a member of Parliament nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a member of Parliament nominated from time to time by the Leader of the Opposition:
d: such number of members of Parliament as are appointed from time to time by resolution of the House of Representatives, that number to be determined in accordance with subsection (2).
2: The number of members to be appointed under subsection (1)(d) is to be determined as follows:
a: one member for each recognised party that is represented in the House of Representatives by 1 or more members; and
b: an additional member for each recognised party that—
i: is represented in the House of Representatives by 30 or more members; and
ii: does not include among its members the Speaker, the Leader of the House, or the Leader of the Opposition.
3: No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed under subsection (1)(d) as a member of the Commission.
4: No person may be appointed under subsection (1)(d) unless the person is a member of the recognised party in respect of which the appointment is made.
5: Past service on the Commission is no bar to nomination or appointment as a member of the Commission.
6: To avoid any doubt, every member of Parliament who acts as a member of the Commission is, in so acting, acting in his or her official capacity as a member of Parliament. 1985 No 128 s 7 1996 No 46 s 7(4)
16: Chairperson of Commission
1: The Speaker is the chairperson of the Parliamentary Service Commission.
2: When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Commission.
17: Vacation of office by nominated or appointed members
1: A member of the Parliamentary Service Commission who holds office because of a nomination under section 15(1)(b) or (c)
a: the person by whom that member was nominated revokes the nomination of that member or nominates, instead of that member, another member of Parliament:
b: Parliament is dissolved or expires:
c: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
2: A member of the Commission who holds office under section 15(1)(d)
a: the House of Representatives rescinds the resolution by which the member was appointed or resolves to appoint to the Commission, instead of that member, another member of Parliament:
b: the member is appointed as a Minister of the Crown or as a Parliamentary Under-Secretary:
c: Parliament is dissolved or expires:
d: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
3: A member of the Commission who holds office because of a nomination or an appointment may, by written notice to the chairperson of the Commission, resign the office at any time. 1985 No 128 s 8
18: Membership of Parliamentary Service Commission between Parliaments
1: Throughout each period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election of its members, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a person nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a person nominated from time to time by the Leader of the Opposition.
2: No person may be nominated under subsection (1)(b) or (c) unless the person is a member of Parliament or was, at the dissolution or expiry of the Parliament, a member of Parliament.
3: The Speaker continues to be the chairperson of the Commission throughout the period specified in subsection (1). 1985 No 128 s 10
19: Further provisions relating to Commission
Schedule 2 Review committee
20: Establishment of committee to review
annual
1: The Speaker may from time to time, and must at least once during every term of Parliament, establish a review committee of up to 3 persons to review the amounts of money appropriated in Appropriation Acts for the following purposes:
a: administrative and support services provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
b: communications services provided to members of Parliament and qualifying electoral candidates:
c: party and member support funding.
2: No person appointed to the review committee may be a member of Parliament or an officer or employee of the Parliamentary Service.
3: Before appointing a person to the review committee, the Speaker must—
a: consult with the Parliamentary Service Commission about the proposed appointment; and
b: take into account any relevant recommendation made by the Commission under section 14(1)(c)
4: The Speaker may appoint persons to the review committee on any terms and conditions, including terms and conditions as to remuneration and travelling allowances, that the Speaker considers appropriate. Section 20 heading amended 16 December 2013 section 57(1) Members of Parliament (Remuneration and Services) Act 2013 Section 20(1) replaced 16 December 2013 section 57(2) Members of Parliament (Remuneration and Services) Act 2013
21: Work of review committee
1: In carrying out its work, the review committee must consider—
a: whether the amounts of money appropriated are being used efficiently; and
b: whether the amounts of money appropriated are adequate to enable members of Parliament, parties, and qualifying electoral candidates to effectively perform their respective functions; and
c: the need for fiscal responsibility.
2: The review committee may, subject to any written direction by the Speaker, regulate its own procedure. Section 21 replaced 16 December 2013 section 58 Members of Parliament (Remuneration and Services) Act 2013
22: Report by committee
1: The review committee must—
a: set out in a report the details of its review and the conclusions reached and recommendations formulated as a result of the review; and
b: submit the report to the Speaker within 3 months after the date on which the review committee is established, or within any further time the Speaker allows.
2: Before submitting its report to the Speaker, the review committee must consult with the Parliamentary Service Commission by seeking—
a: the views of the Commission on the matters to be included in the review committee's report; and
b: the comments of the Commission on any preliminary assessments or recommendations that the review committee proposes to include in the report.
3: The Speaker must present the report to the House of Representatives not later than 6 sitting days after the date on which the review committee submits its report to the Speaker.
4: Land and other assets held for parliamentary purposes
Parliamentary precincts
23: Parliament grounds
The land described in Schedule 3
a: to be vested in fee simple in Her Majesty the Queen for parliamentary purposes; and
b: to be held under the Public Works Act 1981
24: Leased premises in Bowen House
1: On the commencement of this Act, the interests, licences, and rights of the Parliamentary Service Commission under the Bowen House lease cease to be vested in the Parliamentary Service Commission, and vest instead in the Parliamentary Corporation.
2: No person is entitled to terminate, alter, or otherwise affect in any way the interests, licences, and rights vested in the Parliamentary Corporation by subsection (1), simply because of the vesting under that subsection.
3: The Chief Executive Chief Executive’s
4: As long as any land or premises that are subject to the lease continue to be part of the parliamentary precincts, any person may send to the Chief Executive Chief Executive Chief Executive’s Section 24(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 24(4) amended 24 October 2019 section 106 Statutes Amendment Act 2019
25: House of Representatives may add land to parliamentary precincts
1: The House of Representatives may from time to time, by resolution,—
a: add any land or premises to the parliamentary precincts; or
b: exclude from the parliamentary precincts any land or premises that are part of the parliamentary precincts by virtue of this Act.
2: The House of Representatives may at any time revoke, vary, or modify a resolution under subsection (1).
3: No land or premises may be added under this section to the parliamentary precincts unless the Crown or the Parliamentary Corporation holds, on the date on which the resolution takes effect, an interest in the land or premises.
4: A resolution under subsection (1) or (2) is secondary legislation ( see Part 3
5: The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. Section 25(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Parliamentary precincts under control of Speaker
1: The control and administration of the whole of the parliamentary precincts is vested in the Speaker on behalf of the House of Representatives, whether Parliament is in session or not.
2: The Speaker and every person authorised by the Speaker for the purpose has and may exercise, in respect of every part of the parliamentary precincts, all the powers of an occupier under the Trespass Act 1980 Parliamentary Corporation
27: Parliamentary Corporation
1: There is a corporation called the Parliamentary Corporation.
2: The Parliamentary Corporation is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
3: The Parliamentary Corporation may exercise its powers only for the purpose of performing its functions.
4: Subsection (2) is subject to section 31
28: Functions of Parliamentary Corporation
The Parliamentary Corporation has the following functions:
a: to facilitate transactions relevant to the duties of the Parliamentary Service:
b: to acquire, hold, and dispose of interests in land and other assets for parliamentary purposes.
29: Membership of Parliamentary Corporation
1: The Parliamentary Corporation consists of the following:
a: the Speaker:
b: the Chief Executive
c: 2 members of the Parliamentary Service Commission (other than the Speaker) appointed by the Commission.
2: A member of the Corporation who holds office under subsection (1)(c) ceases to be a member if one of the following events occurs:
a: the Parliamentary Service Commission revokes the appointment of the member or appoints, instead of that member, another person:
b: the member ceases to be a member of the Parliamentary Service Commission.
3: Despite subsection (2)(b), a member of the Corporation who holds office under subsection (1)(c) immediately before the dissolution or expiry of Parliament continues to hold office until the first meeting of the House of Representatives after the general election of its members.
4: A member of the Corporation who holds office under subsection (1)(c) may, by written notice to the chairperson of the Corporation, resign the office at any time. Section 29(1)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019
30: Specific powers of Parliamentary Corporation
1: For the purpose of performing its functions, the Parliamentary Corporation may do any or all of the following:
a: enter into deeds, contracts, or arrangements—
i: to purchase, take on lease, sub-lease, licence, or sub-licence any land or buildings or parts of buildings, or to acquire any other interest in land, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
ii: to sell, transfer, assign, or otherwise dispose of any lease, or other interest in land or buildings or parts of buildings, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
iii: to erect, alter, rebuild, or add to any building:
iv: to develop or improve any land:
v: to instal partitioning in any building or part of a building:
vi: to fit out any building or part of a building:
b: grant leases, tenancies, sub-leases, licences, or sub-licences over land or buildings or parts of buildings held by the Parliamentary Corporation, and create easements and restrictive covenants over such land or buildings, and accept surrenders or partial surrenders of interests granted by the Corporation:
c: incur other obligations relevant to the duties and functions of the Parliamentary Service.
2: This section does not limit the generality of section 27 1985 No 128 s 6A
31: No borrowing power
The Parliamentary Corporation has no power to borrow money.
32: Further provisions relating to Parliamentary Corporation
Schedule 4
5: Miscellaneous provisions
Exercise of Speaker's powers
33: Deputy Speaker may act as Speaker
When there is a vacancy in the office of Speaker or when the Speaker is (for whatever reason) absent from duty, the functions, duties, and powers of the Speaker under this Act or the Public Finance Act 1989
34: Delegation of powers by Speaker
1: The Speaker may delegate to a specified person any function, duty, or power (other than this power of delegation) that the Speaker has under this Act.
2: A delegation must be in writing and signed by the Speaker.
3: A delegate must exercise or perform functions, duties, or powers—
a: in accordance with any condition attaching to the delegation and any general or special direction given by the Speaker; but
b: otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.
4: Every person purporting to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.
35: Status of delegations
1: The Speaker is not prevented from exercising or performing any function, duty, or power delegated under section 34
2: The Speaker may revoke a delegation at any time by written notice to the delegate.
3: A delegation continues in force according to its tenor until it is revoked.
4: If the person who made the delegation ceases to hold office as Speaker, the delegation continues to have effect as if made,—
a: until the election of the next Speaker, by the Deputy Speaker; and
b: after that election, by the next Speaker. Recovery of amounts paid made outside entitlements Heading inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010
35A: Recovery of amounts paid outside entitlements to funding for parliamentary purposes
1: This section applies if the Parliamentary Service makes a payment against a claim to an entitlement to funding for parliamentary purposes and it is subsequently determined that the person or recognised party in respect of whom the payment was made did not have an entitlement to that funding under section 3B
2: If this section applies, the Parliamentary Service may recover from the person or recognised party, as a debt due to the Parliamentary Service, the amount paid. Section 35A inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010 Amendments to other Acts
36: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
37: Amendment to Higher Salaries Commission Act 1977
Amendment(s) incorporated in the Act(s)
38: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
39: Amendment to Public Finance Act 1989
Amendment(s) incorporated in the Act(s) Repeals
40: Repeals
1: The enactments specified in Schedule 5
2: Without limiting the provisions of the Interpretation Act 1999 Parliamentary Service Amendment Act 1991 section 9 of that Act


Fisheries Amendment Act 2000

1: Title
This Act is the Fisheries Amendment Act 2000.
2: Commencement
1: Except as provided in subsection (2)
2: Section 31
1: Amendments to
Fisheries Act 1996
3: Fisheries Act 1996 In this Part, the Fisheries Act 1996 the principal Act
4: Purpose of this Part
The purpose of this Part is—
a: to provide for a process for the introduction into the quota management system of, and allocation of quota for, the stocks listed in Schedule 4
b: to introduce freshwater eel in the South Island into the quota management system.
5: Interpretation
Section 2(1) fishing year paragraph (a)
aa: in relation to freshwater eel subject to an Order in Council under section 369L(1) .
6: Notification of eligibility to receive provisional catch history
Section 35 subsections (6) (7)
6: Despite anything in this Part, quota for a stock listed in the Fourth Schedule sections 50A to 50G subsection (1)
7: Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement
Section 39 subsections (2) (3)
2: Despite anything in this Part, quota for a stock listed in the Fourth Schedule sections 50A to 50G
8: Commission entitled to 20 percent of total new quota
1: Section 44(2) Every Subject to subsection (3)
2: Section 44
3: Every allocation under subsection (1) section 50A
a: the chief executive determines, under section 50E
b: the holdings of quota shares of persons other than the Crown are reduced proportionately and transferred to the Crown under section 50F
9: Allocation of quota on basis of provisional catch history
Section 47(1) Not less than 20 working days Subject to sections 50A to 50G
10: Notification of allocation of quota
Section 48 subsection (2)
2: This section is subject to section 50C
11: New heading and
sections 50A to 50G The principal Act is amended by inserting, after section 50 Special provisions relating to allocation of quota for certain Fourth Schedule stocks
50A: Notification of allocation of provisional catch history
1: This section applies to a stock to which section 35(6) or section 39(2)
2: As soon as practicable after the chief executive makes the determination referred to in section 35(6) or section 39(2)
a: section 35(1) to (5) and section 36
b: section 41
3: In this section, South Island freshwater eel Part 2 of the Fisheries Amendment Act 2000
50B: Allocation of quota on basis of provisional catch history
1: As soon as practicable after the relevant date referred to in section 36(3) section 41(2) section 50A
2: The amount of quota allocated to a person under subsection (1)
a: must be expressed as shares; and
b: subject to section 43
i: the number of shares the quota weight equivalent of which is equivalent to the person's provisional catch history for the stock; or
ii: the number of shares that bears the same proportion to 100 000 000 shares of quota for the stock as the person's provisional catch history bears to the total provisional catch history held by persons who are eligible to receive quota for the stock.
3: If an appeal has been lodged in respect of a person's provisional catch history and that person is eligible to receive quota for that stock, then the quota allocated to that person is provisional individual transferable quota.
4: Except as provided in subsection (3)
5: On and from the date of allocation of quota under this section, provisional catch history is conclusive and is permanently fixed for all purposes if the provisional catch history is—
a: held by a person who is allocated individual transferable quota under subsection (1)
b: registered in that person's name on the date of allocation.
6: Quota allocated under this section has effect only for the purposes of sections 50C to 50G
50C: Notification of allocation of quota
As soon as practicable after making an allocation of quota under section 50B
a: the matters specified in paragraphs (a) to (d) of section 48
b: that the person may sell individual transferable quota for the stock to the Crown under section 50D
50D: Quota holders may offer individual transferable quota to the Crown
1: No later than 10 working days after the date of the notice referred to in section 50C section 50A
2: The chief executive may not—
a: pay a sum in consideration for the transfer that is equivalent to a rate per quota share that exceeds the rate specified for the species in Schedule 4A
b: accept the transfer if the unencumbered quota that would be held by the Crown (excluding any quota held as a result of a dispute under section 38
50E: Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners
1: As soon as practicable after the close of the 10-working day period referred to in section 50D(1) section 38
2: If the chief executive determines that the number of unencumbered quota shares that are held either by persons other than the Crown or by the Crown as a result of a dispute under section 38 section 50B
a: that a determination has been made under this section; and
b: of the amount of the person's holding of quota for that stock as at the date on which the notification is given.
3: For the purposes of this Act, a notification under subsection (2) section 47(1)(b)
50F: Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners
1: If the chief executive determines, under section 50E(1) section 38 subsection (2)
a: to be transferred from each person to the Crown; and
b: by which each person's holding of quota for the stock will be reduced.
2: The number of quota shares by which a person's holding of quota must be reduced and which must be transferred to the Crown under subsection (1) (a - 80 000 000) x b — a where—
a: is the total number of quota shares for the stock held either by persons other than the Crown or by the Crown as a result of a dispute under section 38
b: is the number of quota shares for the stock held by the person.
3: All quota transferred to the Crown under this section is transferred to the Crown as individual transferable quota, whether the quota was allocated to the person as individual transferable quota or as provisional individual transferable quota.
4: As soon as practicable after a person's holding of quota is reduced under this section, the chief executive must notify the person of—
a: the amount of the reduction; and
b: the amount of the person's holding of quota for that stock following the reduction.
5: For the purposes of this Act, the notification under subsection (4)(b) section 47(1)(b)
50G: Compensation for reduction of quota
1: Every person whose holding of quota for a stock is reduced under section 50F Schedule 4A
2: The Crown is not liable to pay to any person whose holding of quota is reduced under section 50F subsection (1)
3: Compensation payable to a person under subsection (1)
12: Calculation of entitlement to quota following appeal
1: Section 53(2) of this section or subsection (3)
2: Section 53
3: Despite subsection (1) section 52 Fourth Schedule
a: the number of shares the quota weight equivalent of which is equivalent to that person's revised provisional catch history for the stock; or
b: the number of shares calculated in accordance with the following formula: a x 80 000 000 —————————————— b - (c x d÷e) where—
a: is the person's revised provisional catch history
b: is the total revised provisional catch history held by persons eligible to receive quota for the stock
c: is the total number of quota shares transferred by quota holders to the Crown under section 50D
d: is the total provisional catch history held at the time of the allocations under section 50B
e: is the lesser of—
i: d:
ii: the total allowable commercial catch at the time of the allocations under section 50B
13: Transitional offences and penalties
Section 361(1)
a: by inserting, after the expression section 121(3) or any provision of Part XII
b: by inserting in paragraph (a) of this Act or of Part XII
14: Allocation of quota
1: Section 363(1) 49, 50A to 50G,
2: Section 363(2) paragraph (f)
fa: the reference in section 44(3)(a) .
3: Section 363(2)
j: section 50B(2)(b)(i) the number of shares the quota weight equivalent of an amount of quota
k: the reference in section 50B(2)(b)(ii)
l: the reference in section 50D(2)(a)
m: the reference in section 50D(2)(b)
n: the references in sections 50E and 50F(1)
o: the reference in section 50F(2)
p: the reference in section 50G
q: section 53(3)(a) the number of shares the quota weight equivalent of an amount of quota
r: the reference in section 53(3)(b)
s: the reference in paragraph (a) of the definition encumbered section 2(1)
i: to forfeiture under this Act must be read as if it were a reference to forfeiture under section 107B of the Fisheries Act 1983
ii: to the period of 35 working days referred to in section 62(3) or section 256(3) of this Act section 107C of the Fisheries Act 1983
15: Further provisions relating to allocation of quota
Section 364
5: If the holder of any individual transferable quota that is subject to a reduction under section 52
a: the right to take fish conferred on that person by that quota is reduced proportionately to the reduction in the quota of the holder of the quota; and
b: any right to take fish conferred on any person under any sublease of the quota is reduced proportionately to the reduction in the quota of the person granting the sublease.
6: If the holder of any quota that is reduced under section 52
7: The provisions of section 28OD(6), (7), and (8) of the Fisheries Act 1983 subsections (5) and (6) section 28OB or section 28OC of that Act
16: New
sections 369I to 369M The principal Act is amended by inserting, after section 369H
369I: South Island freshwater eel subject to quota management system
1: On 1 October 2000, freshwater eel in quota management areas ANG11 to ANG16 becomes subject to the quota management system under Part IIA of the Fisheries Act 1983
2: Quota for freshwater eel in those quota management areas must be allocated in accordance with Part 2 of the Fisheries Amendment Act 2000
3: Subject to Part 2 of the Fisheries Amendment Act 2000 Part IV of this Act sections 30 to 55 Gazette section 18
4: The fishing year for freshwater eel in those quota management areas is the year commencing on 1 October and ending with 30 September.
5: The total allowable commercial catch and annual catch entitlements for freshwater eel in those quota management areas are to be expressed in greenweight.
369J: Transitional provision relating to increase of total allowable catch for freshwater eel
1: If the Minister increases the total allowable catch for freshwater eel under section 13(7)
2: An increase in the total allowable commercial catch for freshwater eel under subsection (1) section 28OE of the Fisheries Act 1983
3: Where, following an increase under section 13(7) section 13(8)
a: the total allowable commercial catch must be decreased, with effect from the first day of the next fishing year, by the amount by which it was increased as stated by the Minister under subsection (1)
b: that decrease is a decrease in the total allowable commercial catch for that stock for the purposes of section 28OD of the Fisheries Act 1983
4: Despite subsection (3) section 13(7) Part VIII section 13(8)
a: the total allowable commercial catch must be decreased, with effect from the first day of the next fishing year, by the amount by which it was increased as stated by the Minister under subsection (1)
b: that decrease is a decrease in the total allowable commercial catch under section 20
369K: Expiry of
section 369J Section 369J Part IIA of the Fisheries Act 1983
369L: Change to fishing year for ANG13
1: Despite section 369I(4)
2: No order under subsection (1)
a: provide for the proposed new fishing year to start before 1 February 2002; or
b: be made during the period of 4 months immediately preceding the start of the proposed new fishing year.
3: Without limiting the generality of section 297 subsection (1) Part IV or Part VIII
a: specify matters to be notified to quota owners in quota management area ANG13:
b: set out rules relating to the generation and allocation of annual catch entitlement to quota owners:
c: set out rules relating to the conversion of provisional individual transferable quota to individual transferable quota:
d: set out rules by which catch may be counted against annual catch entitlement:
e: specify reporting obligations of commercial fishers:
f: set out functions, duties, and powers of the chief executive in relation to the application of the regulations:
g: provide for other matters necessary to manage the transitional period between fishing years.
369M: Expiry of
section 369L(3) Section 369L(3)
17: Amendments to schedules
1: Part 3 Schedule 1
2: Schedule 2 Freshwater eel ANG11 to ANG16.
3: Schedule 3 Freshwater eel ANG11 to ANG16.
4: The principal Act is amended by inserting, after Schedule 4 Schedule 4A Schedule 2
5: Schedule 8 Schedule 3
18: Enactments revoked
The following enactments are revoked:
a: the Fisheries (Lake Ellesmere Eel Quota) Regulations 1997 (SR 1997/355)
b: the Fisheries (Lake Ellesmere Eel Quota Allocation) Notice 1997 (SR 1997/374)
2: Allocation of quota for South Island freshwater eel
19: Fisheries Act 1996 In this Part, the Fisheries Act 1996 the principal Act
20: Purpose of this Part
The purpose of this Part is—
a: to define quota management areas and allocate provisional catch history for freshwater eel in the South Island:
b: to provide for the allocation of quota for freshwater eel in the South Island under Part 4
21: Interpretation
For the purposes of this Part,— provisional catch history Schedule 4 South Island freshwater eel
22: Allocation of provisional catch history
1: Each person named in column 1 of Part 1
2: Each person named in column 1 of Part 2
3: Each person named in column 1 of Part 3
4: Each person named in column 1 of Part 4
5: Each person named in column 1 of Part 5
6: Each person named in column 1 of Part 6
23: Notification of fishers allocated provisional catch history
1: As soon as practicable after the date on which this Act comes into force, the chief executive must notify every person named in Schedule 4
a: the amount of provisional catch history allocated to the person under section 22
b: the person's right to appeal under section 51(1) section 27(3)
c: the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
24: Public notification of provisional catch history allocation
1: As soon as practicable after the date on which this Act comes into force, the chief executive must publicly notify—
a: that provisional catch history for South Island freshwater eel has been allocated under section 22
b: that a person may appeal to the Catch History Review Committee under section 51(1) section 27(3)
i: has not been allocated provisional catch history for South Island freshwater eel; and
ii: believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for South Island freshwater eel; and
c: that the appeal must be lodged no later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
25: Criteria of eligibility to receive quota
1: A person is eligible to receive quota for South Island freshwater eel—
a: if the person is allocated provisional catch history under section 22
b: if the person—
i: is the holder of a fishing permit on the date on which this Act comes into force; and
ii: has been allocated provisional catch history for South Island freshwater eel following a decision of the Catch History Review Committee; and
iii: is not an overseas person or, if an overseas person, is exempt under section 56 section 57
2: If a person is allocated provisional catch history under section 22 section 26
3: Subsection (1) subsection (2)
26: Chief executive to allocate quota
1: The chief executive must allocate quota for South Island freshwater eel under section 50B
2: For the purposes of subsection (1)
a: South Island freshwater eel is a stock to which section 50A
b: the reference in section 47(1) section 36(3) section 23(1)(c)
27: Application of certain provisions in
Part 4
1: Sections 42 to 44 46 to 49 50B to 50G 51 to 53 54(1)(a) (2) (3) 55 283 to 294
2: For the purposes of subsection (1) section 50A
3: For the purposes of subsection (1) section 51 subsection (1)
1: Any person, including the chief executive, may, subject to subsection (3) section 23(1)(c) section 22
a: was incorrectly recorded by the chief executive; or
b: excluded freshwater eel that were lawfully taken and lawfully reported in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992.
4: For the purposes of this section, eligible catch section 34(2)
a: the provisional catch history for South Island freshwater eel allocated under section 22 section 34(1)(c)
b: the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992.
28: Catch History Review Committee may alter provisional catch history allocation
1: The Catch History Review Committee may—
a: alter the amount of provisional catch history for South Island freshwater eel allocated to a person under section 22
b: decide that a person who is not allocated provisional catch history under that section is eligible to receive provisional catch history for South Island freshwater eel.
2: This section applies as if—
a: South Island freshwater eel were a stock declared by notice in the Gazette section 18
b: provisional catch history for South Island freshwater eel were allocated under Part 4
3: This section is for the avoidance of doubt.
3: Amendment to
Fisheries Act 1983
29: Fisheries Act 1983 In this Part, the Fisheries Act 1983 the principal Act
30: Taking of fish in excess of quota, and carrying forward of unused quota
Section 28V(11) eels freshwater
31: Repeal of
section 28Z
1: Section 28Z
2: Section 333A Fisheries Act 1996
a: by omitting from subsection (1) are not prevented from owning quota under section 28Z of the Fisheries Act 1983 would not be prevented from owning quota under section 28Z of the Fisheries Act 1983
b: by omitting from subsection (5) continues is deemed to continue
3: Section 363(2)(b) Fisheries Act 1996
4: Transitional provisions
32: Fisheries (Transitional Provisions) Regulations 1998
1: Regulation 6 Fisheries (Transitional Provisions) Regulations 1998 sections 28E to 28NA Fisheries Act 1983 the Fisheries Act 1996
2: If any proceedings have been commenced before 28 June 2000, nothing in subsection (1)


Education Amendment Act 2000

1: Title
1: This Act is the Education Amendment Act 2000.
2: In this Act, the Education Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to change the rules relating to enrolment schemes for schools, in particular by requiring that the enrolment scheme of every ordinary state school must identify a home zone for the school (see sections 4 28
b: to abolish bulk funding agreements for the payment of teachers' salaries (see sections 7 8 29
c: to strengthen the arrangements for governance of schools (see sections 6 11 to 23
d: to simplify the rules about tertiary students associations (see sections 24 25
e: to amend provisions in order to make them consistent with the Human Rights Act 1993 sections 5 31 to 33
1: Substantive amendments to principal Act
Enrolment schemes
4: New sections 11A to 11PB substituted
The principal Act is amended by repealing sections 11A to 11P
11A: Purpose and principles
1: The purpose of the enrolment scheme of a state school is—
a: to avoid overcrowding, or the likelihood of overcrowding, at the school; and
b: to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and
c: to enable the Secretary to make the best use of existing networks of state schools.
2: In achieving its purpose, the enrolment scheme of every state school must, as far as possible, ensure that—
a: the scheme does not exclude local students; and
b: no more students are excluded from the school than is necessary to avoid overcrowding at the school.
11B: Interpretation
In sections 11C to 11PB give notice reasonably convenient school
a: whether the school is a single sex or co-educational school:
b: whether the school is an ordinary state school, a Kura Kaupapa Maori, a designated character school, an integrated school, or a special school:
c: whether the school is a primary, intermediate, secondary, composite, or area school special programme Gazette
a: that provides—
i: special education; or
ii: Maori language immersion classes; or
iii: any other type of specialised education to overcome educational disadvantage; or
b: that is a programme—
i: that takes a significantly different approach in order to address particular student needs; and
ii: that would not be viable unless it could draw from a catchment area beyond the school's home zone; and
iii: to which entry is determined by an organisation or process that is independent of the school.
11C: Content of enrolment scheme
1: A school's enrolment scheme must—
a: define a home zone for the school; and
b: set out the pre-enrolment procedures for selecting applicants who live outside the home zone; and
c: identify any special programmes offered by the school and the criteria on which students will be accepted onto any special programme.
2: The procedures described in subsection (1)(b) section 11F section 11G
11D: Effect of home zone
1: Subject to the provisions of this Act, a person who lives in the home zone of a school that has an enrolment scheme is entitled at any time to enrol at that school.
2: An applicant for enrolment at a school with an enrolment scheme who lives outside the school's home zone is entitled to enrol at the school only—
a: if he or she is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or
b: if the Secretary has agreed or directed under section 9 section 11P, section 16, section 17D, or section 18A
11E: How a school defines its home zone
1: A state school's home zone must be defined by geographic boundaries, and must be described in such a way that any given address is either within or outside the home zone.
2: A school's home zone—
a: must be an area for which the school is a reasonably convenient school for a student living in that area to attend; and
b: may exclude any area for which another school is also a reasonably convenient school for a student living in that area to attend; and
c: may exclude any area which it is desirable to exclude for the purpose of allowing the Secretary to make best use of the existing network of state schools in the area.
11F: How to select applicants who live outside home zone
1: The order of priority in which applicants who live outside a school's home zone are to be offered places at the school is as follows:
a: first priority must be given to any applicant who is accepted for enrolment in a special programme run by the school:
b: second priority must be given to any applicant who is the sibling of a current student of the school:
c: third priority must be given to any student who is the sibling of a former student of the school:
d: fourth priority must be given to any applicant who is a child of an employee of the Board of the school:
e: fifth priority must be given to all other applicants.
2: If there are more applicants in the second, third, fourth, or fifth priority groups than there are places available, selection within the priority group must be by ballot conducted in accordance with instructions issued by the Secretary under section 11G
3: For the purposes of this section, child A is the sibling of child B if—
a: both children share a common parent; or
b: a parent of child A is married to a parent of child B; or
c: a parent of child A was married to a parent of child B at the time when child B's parent died; or
d: a parent of child A is living in a relationship in the nature of marriage with a parent of child B; or
e: both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or
f: the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.
4: If 2 or more siblings apply for places at a school at the same level, the applications of those siblings must be dealt with as a single application for the purpose of the ballot.
5: Every application for enrolment at a school with an enrolment scheme must be processed by the school in accordance with the enrolment scheme, and may not be declined on technical grounds or on any other ground that would be inconsistent with the purpose and principles set out in section 11A
11G: Instructions and guidelines on operation of enrolment schemes
1: The Secretary may issue instructions to state schools that have enrolment schemes about the following matters:
a: the procedures for holding ballots:
b: the dates on which ballots are to be held:
c: the establishment and maintenance of waiting lists:
d: the information to be given to applicants who live outside the school's home zone:
e: any other matter that the Secretary considers necessary for ensuring the fair, transparent, and efficient operation of enrolment schemes.
2: Instructions issued under subsection (1)—
a: must be complied with by schools; and
b: may apply to all or specified schools or classes of school; and
c: must be notified in the Gazette
d: may be amended or revoked, in which case notice of the amendment or revocation must be given in the Gazette
3: The Secretary may issue guidelines describing the basis on which the Secretary's powers in relation to enrolment schemes may be exercised (including, in particular, the power in section 11P(2)(a)
11H: Process for developing and adopting enrolment scheme
1: If the Secretary gives a written notice to a state school that there is, or is likely to be, overcrowding at the school, the Board of the school must develop an enrolment scheme for the school.
2: A Board may not begin developing an enrolment scheme unless it has received a written notice of the type referred to in subsection (1).
3: When developing a proposed enrolment scheme, a Board must consult with whatever persons and organisations it considers appropriate and, in particular, must take all reasonable steps to discover and consider the views of—
a: the parents of students at the school; and
b: the people living in the area for which the school is a reasonably convenient school; and
c: the students and prospective students of the school (depending on their age and maturity); and
d: the Boards of other schools that could be affected by the proposed enrolment scheme.
4: In addition to the consultation required by subsection (3),—
a: the Board of a Kura Kaupapa Maori must consult with the persons and organisations that the Board believes have an interest in fostering the school's adherence to Te Aho Matua and any special characteristics set out in the school's charter:
b: the Board of a designated character school must consult with those persons and organisations that the Board believes have an interest in fostering the aims, purposes, and objectives that constitute the school's different character:
c: the Board of an integrated school must consult with the school's proprietors.
5: If the Secretary approves a proposed enrolment scheme for a state school, the school's Board must pass a resolution adopting the scheme as soon as practicable.
11I: Proposed enrolment schemes to be approved by Secretary
1: The Secretary may approve the proposed enrolment scheme of a state school only if he or she is satisfied that—
a: the scheme complies, as far as possible, with the purpose and principles of enrolment schemes as set out in section 11A
b: the definition of the school's home zone in the enrolment scheme ensures that students can attend a reasonably convenient school; and
c: the boundaries of the school's home zone overlap or are contiguous with the boundaries of the home zone of any adjacent state school that has an enrolment scheme; and
d: the scheme promotes the best use of the network of state schools in the area; and
e: the procedures for determining which applicants who live outside the home zone will be offered places at the school comply with section 11F section 11G
f: the Board has carried out adequate consultation under section 11H
2: If a Board and the Secretary are unable to reach agreement about the content of the school's enrolment scheme or proposed enrolment scheme, the Secretary may require the Board to amend the scheme or proposed scheme in the manner required by the Secretary.
3: A Board that receives a requirement under subsection (2) must, as soon as practicable, change its enrolment scheme or proposed enrolment scheme to give effect to the Secretary's requirement, and the Board need not obtain separate approval from the Secretary for the change.
11J: Information about school's enrolment scheme
1: When the Board of a state school adopts an enrolment scheme, it must give notice of the fact that it has adopted an enrolment scheme, and the notice must include—
a: a general description of the school's home zone; and
b: information about where copies of the enrolment scheme may be viewed and obtained.
2: Each year, the Board of a school that has an enrolment scheme must give notice of—
a: the likely number of out-of-zone places; and
b: the significant pre-enrolment dates and procedures; and
c: the date or dates on which any ballot will be held.
3: The following must be available for inspection at the school at all reasonable times:
a: a copy of the school's current enrolment scheme:
b: a copy of the results of the most recent ballot for places at the school:
c: a copy of the waiting list for places at the school:
d: if it is available, information about the matters listed in subsection (2).
11K: Commencement of enrolment scheme
1: An enrolment scheme for a primary school commences on the date 3 months after the day of its adoption, or on a later date specified in the scheme.
2: An enrolment scheme for a secondary or composite school commences on 1 January in the year following the year in which it was adopted, or on a later date specified in the scheme and agreed to by the Secretary.
3: Despite subsections (1) and (2), the Secretary may, on application by a Board, authorise the early commencement of an enrolment scheme if he or she considers that early commencement is appropriate.
4: If the Secretary gives authorisation for early commencement after the Board has given notice of the enrolment scheme, the Board must give notice showing the revised date on which the scheme will commence.
11L: End of enrolment scheme
1: The Board of a school may by resolution, in accordance with this section, abandon an enrolment scheme, in which case the scheme ends on the date specified in the resolution.
2: A Board may not resolve to abandon an enrolment scheme unless it has received written notice from the Secretary authorising it to do so.
3: The Secretary may at any time, by notice in writing, require the Board of a state school to abandon its enrolment scheme on the grounds that the Secretary is satisfied that there is not, or is not likely to be, overcrowding at the school if the enrolment scheme is abandoned; and the Board must resolve at its next meeting to abandon the scheme.
4: When a Board abandons an enrolment scheme, it must—
a: notify the Secretary of the date on which the enrolment scheme ended or will end; and
b: give notice of the date on which the scheme ended or will end.
11M: Amendment of enrolment scheme
1: The Board of a state school that has adopted an enrolment scheme may amend it.
2: A Board must not amend a scheme unless it is satisfied that an enrolment scheme is still necessary in order to avoid overcrowding, or the likelihood of overcrowding, at the school.
3: If the Board of a state school (school A) adopts or amends an enrolment scheme, the Secretary may require the Board of any nearby state school that also has an enrolment scheme to develop a proposed amendment to its enrolment scheme, in order to take into account the effect of school A's scheme.
4: Sections 11A to 11L
11N: Pre-enrolment in schools with enrolment schemes
1: The Board of a state school may apply the pre-enrolment procedures of an enrolment scheme at any time after notice has been given of the scheme under section 11J(1)
2: In the case of applications by applicants who will be subject to a ballot, the Board must notify each applicant, in writing, of—
a: when and how the ballot will be held; and
b: when and how applicants will be advised of the results of the ballot; and
c: the rights and responsibilities of applicants after the ballot.
3: The Board must give written notice to every applicant whose application is declined of—
a: the reason why the application has been declined; and
b: the Secretary's powers under section 11P(2)
4: The Board must give written notice to every applicant whose name was included in a ballot of the outcome of the ballot as it relates to the applicant.
11O: Enrolment may be annulled if based on false information
1: The Board of a state school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if the Board believes on reasonable grounds that the student's enrolment or pre-enrolment form falsely claimed, for the purpose of securing enrolment, that—
a: the student was living in the school's home zone when the student enrolled at the school; or
b: the student was entitled to a particular priority in the ballot for places (for example, by falsely claiming the applicant to be the sibling (as defined in section 11F(3)
2: The address given in a student's pre-enrolment form as the address where the student lives will be taken to be the address at which the student is living on enrolment, unless the Board is notified otherwise.
3: The Board may annul the enrolment of any student, or may refuse an application for enrolment by any person, who claimed or claims priority in a ballot as a sibling of a student whose enrolment the Board has annulled under this section.
4: If the Board annuls an enrolment under subsection (1) or subsection (3), the annulment takes effect at the end of the school year.
5: A Board that annuls the enrolment of a student must immediately advise the Secretary of the name of the student and the date of annulment.
11P: Secretary may direct Board to enrol applicant
1: The Secretary may direct the Board of any state school (including the Board of the school at which the student was enrolled) to enrol a student whose enrolment has been annulled under section 11O
2: The Secretary may direct the Board of any state school to enrol an applicant whose application for enrolment it has declined if the Secretary is satisfied that—
a: the Board has declined the application on the ground that the applicant is not living in the school's home zone, but in fact the applicant is living in the school's home zone; or
b: the consequences of not giving the direction would be so disadvantageous to the applicant that overriding the enrolment scheme in this case is justified.
3: The Secretary must not give a direction about a person under subsection (1) or subsection (2)(b) unless he or she has taken all reasonable steps to consult the person's parents, the Board of the proposed school, and (if appropriate, having regard to the age and maturity of the person) the person.
4: The Secretary may not direct the Board of a Kura Kaupapa Maori, a designated character school, or an integrated school to enrol a person under this section unless the person's parents agree, and accept the special character of that school.
5: A Board must comply with a direction under this section, and the direction overrides the provisions of any enrolment scheme the school may have in place.
11PA: Annual review of enrolment scheme
1: The Board of a state school that has an enrolment scheme in place on 1 February in any year must, before 1 May of that year,—
a: review the operation of the enrolment scheme, having regard to the purpose and principles of enrolment schemes; and
b: ask the Secretary whether he or she agrees with the Board's view about the continuing need for a scheme to prevent overcrowding, or the likelihood of overcrowding, at the school.
2: The Secretary may exempt a Board for any period not exceeding 3 years from the obligation to conduct an annual review if the Secretary considers that compliance is unnecessary.
3: The Secretary may at any time rescind an exemption given under subsection (2), and may require the Board to conduct a review of its enrolment scheme within a period specified by the Secretary.
11PB: Enrolment schemes of certain state schools
1: Sections 11A to 11PA
a: all references to overcrowding or the likelihood of overcrowding must be read as if they were references to there being, or being likely to be, more applicants for enrolments at the school than there are places available; and
b: the enrolment scheme need not define a home zone for the school, nor provide for balloting of applicants who live outside any home zone, but must accord priority to applicants for whom the school is a reasonably convenient school; and
c: section 11J
i: subsection (1) applies as if paragraph (a) read a general description of the enrolment scheme
ii: subsection (2) applies as if paragraphs (a) to (c) were replaced with the words the likely number of places available and the significant pre-enrolment dates and procedures that will apply
iii: subsection (3)(b) does not apply; and
d: in the case of a Kura Kaupapa Maori, the application of the sections must not result in inconsistency with section 155
e: in the case of a designated character school, the application of the sections must not result in inconsistency with the school's charter or section 156
f: in the case of an integrated school, the application of the sections must not result in inconsistency with the school's integration agreement or the Private Schools Conditional Integration Act 1975
2: Sections 11A to 11PA Gazette Age discrimination removed
5: Recommendation that student should attend particular school
Section 18A(1) under 18 Annual reports
6: Annual reports
Section 87
2: A report given under subsection (1) must include—
a: the names of all the Board's elected trustees, appointed trustees, and co-opted trustees; and
b: the date on which each trustee goes out of office. Removal of bulk funding for payment of teacher salaries
7: Application
Section 91B
8: Repeal of section 91D
Section 91D
9: Limitations on appointment and employment of regular teachers at payrolled schools
1: Section 91H(1) prescribe limitations on the number of regular teachers who may be employed at payrolled schools during the next year.
2: Section 91H
2: An order under subsection (1) may do any 1 or more of the following:
a: apply different limitations to different types of school, or to particular schools:
b: impose limitations on the numbers of particular types of teachers who may be employed:
c: set out 1 or more mechanisms by which the applicable limitations are calculated:
d: specify circumstances in which the Secretary may exempt any school or type of school from a limitation, and any conditions applying to such an exemption.
10: Secretary may grant exemptions in individual cases
Section 91I in accordance with criteria in the circumstances and in accordance with any conditions Provisions relating to school governance
11: Constitution of Boards of state schools
Section 94(1)
b: the principal of the school or, in the case of a combined Board, the principals of the schools administered by the Board; and
12: Boards may alter their own constitutions
1: Section 94B
2: Section 94B(1)(h)
3: Section 94B(8) to have a member who is a student representative or
13: Staff and student representatives
Section 97(2) above form III in form III or above
14: Elections of trustees
1: Section 101
1: Before 1 September in every year, the Board of a state school or of a special institution, that is required to have a student representative, must fix a day in September in that year for the holding of an election for a student representative.
2: The Board of a school or institution to which subsection (1) applies must hold an election of any student representative on the day fixed for that purpose under subsection (1).
2: Section 101
10: This section is subject to section 101A
15: New sections 101A and 101B inserted
The principal Act is amended by inserting, after section 101
101A: Staggered elections for parent representatives
1: This section and section 101B
2: A Board may decide, in accordance with this section, to adopt a staggered election cycle in which half the number of its parent representatives are elected at an election held at a mid-term election, and the remainder are elected at an election held in an election year.
3: For the purposes of subsection (2), if there is an odd number of parent representatives on the Board, half the number of its parent representatives
4: A Board that has decided to adopt a staggered election cycle must—
a: hold a mid-term election in the month that is 18 months after the month in which the election in the preceding election year was held; and
b: conduct every mid-term election in accordance with the provisions of this Part and any regulations under this Act relating to the election of trustees (modified as necessary to give effect to this section and section 101B).
5: If the Board's decision under subsection (2) is made at a time when the next election due to be held is in an election year, the Board must ensure that at that election the nomination forms and voting papers indicate which nominees are standing for 18 months and which are standing for 3 years.
6: If the Board's decision under subsection (2) is made within 18 months after an election in an election year, the Board must decide which of its parent representatives will stand down at the mid-term election; and that decision must be by consensus of the parent representatives or, if consensus cannot be reached, by ballot of all the parent representatives.
7: Every parent representative who, in accordance with subsection (6), is to stand down at a mid-term election, goes out of office at the close of the day before the day on which the successor takes office following the election.
8: A Board that has a staggered election cycle may decide to revert to holding elections only in election years. In that case, at the next election held in an election year, all the parent representatives go out of office in accordance with section 102(8)
101B: Consultation requirements for staggered elections of parent representatives
1: Every decision under section 101A(2)
2: Before making a decision under section 101A(2)
a: the time, day, and place of the meeting of the Board at which the decision is to be made; and
b: the nature of the decision; and
c: the fact that they have a right to attend the meeting.
16: Term of office
1: Section 102(6) the third Tuesday in May in an election year, the person or body by whom or which any trustee then holding office was appointed an appointed trustee's term of office expires, the person or body by whom or which the trustee was appointed
2: Section 102
8A: Subject to subsection (9), the appointment or co-option of a trustee may be for a term not exceeding 3 years.
3: Section 102
a: by omitting from subsection (7) the words (in the year following the year of election)
b: by omitting from subsection (8) the words , appointed, and co-opted
c: by inserting in subsection (9), after the expression subsection (8) or subsection (8A)
d: by omitting from subsection (10) the expression subsection (8) subsection (8A)
e: by omitting from subsection (11) the expression section 104 sections 101A and 104
17: Certain persons ineligible to be trustees
Section 103
18: New section 105A inserted
The principal Act is amended by inserting, after section 105
105A: Minister may approve alternative constitution in certain cases
1: The Minister may from time to time, by notice in the Gazette
a: the Minister has reasonable cause to believe that an alternative constitution is in the best interests of the school or schools governed by the Board, and—
i: the Chief Review Officer, in a written report, recommends the Minister consider devising an alternative constitution; or
ii: 20% or more of the parents of children enrolled at the school or schools have requested an alternative constitution; or
iii: the Board has requested an alternative constitution; and
b: the Minister has consulted such persons or organisations as the Minister considers appropriate about whether an alternative constitution is in the best interests of the school or schools.
2: In the case of an integrated school, the Minister must consult with the proprietor of the school when conducting the consultation required under subsection (1)(b).
3: A constitution approved under this section applies instead of a constitution under section 94
4: A notice under this section must establish a Board comprising 1 or more persons who are to be elected or appointed as trustees in the manner specified in the notice; and the notice may (without limitation)—
a: set out a procedure for any election, appointment, or co-option of trustees:
b: set out the manner in which vacancies are to be filled:
c: provide for the appointment of returning officers and set out their functions:
d: set out other formal and procedural provisions for the purposes of any election, appointment, or co-option of trustees.
5: While a notice that approves an alternative constitution under this section is in force, sections 94, 94A, 94B, 95, 96, 97, 98, 99, 101, 102, 104, and 105
6: In their application to a Board that has an alternative constitution under this section, the other sections and any schedules of this Act relating to Boards must be read subject to this section and subject also to all modifications necessary to give effect to this section.
19: New section 109A inserted
The principal Act is amended by inserting, after section 109
109A: Provisions relating to Board with staggered election cycle where commissioner appointed
1: This section applies if a commissioner has been appointed in place of a Board that has, or had decided to have, a staggered election cycle, and the commissioner has appointed a date under section 109(5)
2: Despite anything in section 102
3: Despite anything in section 102
4: If the date that the commissioner has appointed under section 109(5)
20: Boards may combine
Section 110(1)
ba: the number of trustees on the Board who are parent representatives will exceed the number of other trustees on the Board; and
21: Restrictions on combining
Section 111
22: New section 116A inserted
The principal Act is amended by inserting, after section 116
116A: Appointment of principal of combined Board
The powers conferred on a combined Board by section 65
23: Minister may merge schools
Section 156A
4: Unless it was (immediately before the merger took effect) a combined Board established under section 110
4A: Each Board of the merging schools must be represented on the Board of the continuing school by a co-opted trustee for the balance of that Board's term of office, and—
a: the Board of the continuing school must co-opt the trustee within 28 days after notice of the merger is published under subsection (1); and
b: each co-opted trustee holds office until the trustees elected at the next election take office, and then the co-opted trustee goes out of office; and
c: section 94C Tertiary students associations
24: Requirements as to constitutions of Councils
1: Section 171(2)
e: at least 1, but not more than 3, persons who must be appointed,—
i: in the case of an institution at which membership of a students association is compulsory, in accordance with the constitution or rules of the association; or
ii: in any other case, following an election (conducted in accordance with statutes made by the Council) by the students at the institution:
2: Section 171
25: New sections 229A to 229D substituted
The principal Act is amended by repealing sections 229A to 229R
229A: Institutions at which membership of students association is compulsory
1: This section applies to every institution at which membership of a students association is compulsory.
2: The students association that, at the commencement of this section, is recognised by the Council of the institution as being the institution's students association for the purpose of representation on the Council, is the students association at that institution for the purposes of section 171(2)(e) sections 229B and 229C
3: The Council must, if asked to by the institution's student association, collect the membership fees of the association, but only if the association provides the Council with—
a: a copy of its current constitution; and
b: an independently audited set of financial accounts of the association for the last financial year.
4: The Council must pay all membership fees collected on behalf of the students association to the association in a timely manner, but may charge the association for the actual and reasonable costs incurred by the Council in collecting the fees.
5: A students association may, on the grounds of hardship, exempt any student from the obligation to pay the membership fee of the association; and a student so exempted may nonetheless be a member of the association.
6: A students association may exempt any student from membership of the association on the grounds of conscientious objection; and, if exempted, the association must pay the student's membership fee to a charity of its choice.
7: Every students association must ensure that information about the rights in subsections (5) and (6) is available to students before enrolment, and must make rules for dealing in a fair, timely, and consistent way with applications for exemption under either subsection.
229B: Initiating change relating to compulsory membership of students association
1: The students of an institution at which membership of a students association is compulsory may request the Council to conduct a vote of all students at the institution on whether membership of the students association should continue to be compulsory.
2: The students of an institution at which membership of a students association is not compulsory may request the Council to conduct a vote of all students at the institution on whether membership of a specified students association at the institution should become compulsory.
3: A request under subsection (1) or subsection (2) is not effective unless it is accompanied by a petition requesting the vote, signed by at least 10% (as calculated according to figures provided by the Ministry) of all students currently enrolled at the institution.
229C: Council to conduct vote on issue of compulsory membership of students association
1: A Council that receives an effective request under section 229B
2: The Council must make statutes setting out the procedures for conducting a vote under this section in consultation with,—
a: in the case of an institution at which membership of a students association is compulsory, the institution's students association; or
b: in the case of an institution at which membership of a students association is not compulsory, any associations that represent students and that the Council considers should be consulted.
3: The result of a vote of students held under this section determines whether, in and after the following year, membership of the association referred to in the vote is compulsory or not.
4: Despite subsection (1), a vote may be held in 2000 under this section.
229D: Sections 229A to 229C apply to private training establishments
Sections 229A to 229C
a: every reference to an institution includes a reference to a private training establishment; and
b: every reference to a Council includes a reference to the governing body of the private training establishment.
2: Amendments, repeals, and transitional provisions
Consequential amendments and repeal
26: Consequential amendments to principal Act
1: Section 2(1) enrolment scheme section 11G section 11H section 11K section 11M
2: Section 9(2) section 11M of this Act (which relates to enrolment schemes) this Act that relates to enrolment schemes, or in the enrolment scheme of any school
3: Section 11Q(2) section 11G(6) section 11J
4: Section 18A
3: A Board must comply with a direction under subsection (1), and the direction overrides the provisions of any enrolment scheme the school may have in place.
5: Section 156(8) section 11P section 11PB
6: Section 159(1) association of students
7: Section 236A(1)(a)(i) fees as provided in Part 16A for students who become members of associations of students students association membership fees
27: Repeal
The Education (Tertiary Students Association Voluntary Membership) Amendment Act 1998 Transitional provisions
28: Enrolment schemes applying to 2001 school year
1: Subsections (2) to (5) apply to every state school that is not a Kura Kaupapa Maori, a designated character school, an integrated school, or a special school, and that has an enrolment scheme that is—
a: in force on the date that this section comes into force; and
b: intended to apply to the 2001 school year.
2: If a school's enrolment scheme identifies applicants who may enrol at the school by reference to whether or not they live within a defined geographic area, the school may, unless subsection (3) applies, apply its enrolment scheme to applications for the 2001 school year, subject to the following:
a: the defined geographic area is to be treated as the school's home zone; and
b: section 11F section 11G
c: sections 11A 11B 11D 11G 11J 11L 11M 11N 11O 11P
d: sections 11A to 11P
3: A school may not apply an enrolment scheme to which subsection (2) applies if, within 28 days of this section coming into force, the Board of the school receives a notice from the Secretary that the scheme is not to apply.
4: A school to which subsection (2) applies must, in 2000, advise the Secretary of any special programmes offered by the school and, in giving notice as required by section 11J
a: the fact that students living in the home zone are entitled to enrol at the school; and
b: the order of priority for balloting, as provided in section 11F
c: any special programmes offered by the school.
5: If a school's enrolment scheme does not identify students who may enrol by reference to a defined geographical area, then the school may not apply its enrolment scheme to applications for the 2001 school year, and if it wants an enrolment scheme to apply to the 2001 school year, it must prepare a new enrolment scheme in accordance with sections 11A to 11P
6: Any state school that did not have an enrolment scheme in force for the 2000 school year, but will have one in place for the 2001 school year, must prepare its enrolment scheme in accordance with sections 11A to 11P
7: Any Kura Kaupapa Maori, designated character school, integrated school, or special school that has an enrolment scheme in place when this section comes into force may apply that enrolment scheme to the 2001 school year, but any enrolment scheme to apply after that year must comply with sections 11A to 11PB
29: Transitional provisions relating to bulk funding agreements
1: All agreements under section 91D
2: All agreements under section 91D
3: The following provisions apply to agreements under section 91D
a: the Board may cancel the agreement with effect at the close of 23 January 2001; but
b: if the Board does not cancel the agreement with effect at the close of 23 January 2001, the agreement is cancelled at the close of 10 July 2001 (if still in force immediately before the close of that date).
4: On the cancellation of an agreement by or under this section, the following provisions apply:
a: so far as the agreement remains unperformed at the time of the cancellation, no party is obliged or entitled to perform it further:
b: so far as the agreement has been performed at the time of the cancellation, no party is, merely because of the cancellation, to be divested of any money paid under the agreement:
c: section 91C
30: Crown to provide financial assistance to schools unable to meet liability under employment contract
1: A Board of Trustees that is affected by section 29
2: The Crown must provide an amount of financial assistance determined by the Minister if the Minister is satisfied that—
a: the employment contract relates to a permanent or fixed-term appointment to a teaching position at the school made before 18 June 1998; and
b: the Board's financial disadvantage is solely and directly attributable to the cancellation by or under section 29
3: The Governor-General may, by Order in Council, specify the criteria and methods of assessment that must be applied by the Minister in dealing with a request for financial assistance under subsection (1).
4: A Board is financially disadvantaged if a is greater than b: where—
a: is the sum of the grant under section 79 section 29
b: is the sum of the grant under section 79 section 91C
5: The sums in subsection (4) are those applicable as at the date of the cancellation of the agreement concerned. Related amendments
31: Amendment to Royal New Zealand Foundation for the Blind Act 1963
Section 4 of the Royal New Zealand Foundation for the Blind Act 1963
32: Amendment to Private Schools Conditional Integration Act 1975
Section 77
33: Amendment to Music Teachers Act 1981
Section 18(1) has attained the age of 20 years, and