1: Title
This Act is the Land Transport Amendment Act (No 2) 2014.
2: Commencement
This Act comes into force on 1 December 2014.
3: Principal Act
This Act amends the Land Transport Act 1998 principal Act 2014-12-01 Land Transport Act 1998
1: Amendments to principal Act
4: Section 11 amended (Drivers not to exceed specified alcohol limits)
1: In section 11(a) 400 250
2: In section 11(b) 80 50
5: Section 56 amended (Contravention of specified breath or blood-alcohol limit)
1: After section 56(1)
1A: A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.
2: After section 56(2)
2A: A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72(1)(b) to (e) or 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood but does not exceed 80 milligrams of alcohol per 100 millilitres of blood.
2B: A person commits an infringement offence if—
a: the person fails or refuses to undergo an evidential breath test after having been required to do so under section 69; and
b: analysis of a blood specimen subsequently taken from the person under section 72(1)(a) indicates that the person drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the person's blood exceeded 50 milligrams of alcohol per 100 millilitres of blood but did not exceed 80 milligrams of alcohol per 100 millilitres of blood.
6: Section 60 amended (Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test)
After section 60(3A)
3B: Subsection (3C)
a: is required to permit a blood specimen to be taken under section 72(1)(a), (b), or (e); and
b: when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)(a), (b), or (e), was medically or physically unable to provide a blood specimen.
3C: A person described in subsection (3B)
7: Section 64 amended (Defences)
After section 64(1)
1AA: Subsection (1) is subject to section 60(3B) and (3C)
8: Section 67 amended (Blood test fee)
Replace section 67(1)
1: The following persons who undergo a blood test are liable to pay the blood test fee that applied on the date of that test and any associated medical expenses:
a: any person who—
i: elects or is required to undergo the blood test under section 70A(1) or 72(1); and
ii: before undergoing the blood test is advised in accordance with section 69(4A)(d) 72(1E)
b: any person who undergoes a blood test under section 73.
1A: Subsection (1) section 56(2B)
1B: The blood test fee and any associated medical expenses payable by a person under subsection (1)
a: in the case of a person who is convicted of an offence against any of sections 56(2), 57(2), 57AA, 57A, 58, 61(1)(b), 61(2), and 62, are deemed to be a fine imposed on the conviction of the person for that offence; and
b: in all other cases, are recoverable from the person as a debt due to the Crown.
1C: An enforcement officer may waive or refund the blood test fee and any associated medical expenses payable or paid by a person under subsection (1)
a: the result of the blood test does not indicate that the person contravened a specified blood-alcohol limit; and
b: the blood test—
i: was taken under section 72(1)(a) and the enforcement officer is satisfied, on the evidence of a medical practitioner, that the person's failure or refusal to undergo an evidential breath test was because of—
A: a pre-existing medical condition or pre-existing disability that precluded undergoing the test; or
B: an injury, sustained in a motor vehicle accident that gave rise to the obligation to undergo the test; or
ii: was taken under section 73.
9: Section 69 amended (Who must undergo evidential breath test)
After section 69(4)
4A: An enforcement officer who requires a person to undergo an evidential breath test under subsection (4) must, without delay, advise the person—
a: that if the person fails or refuses to undergo the evidential breath test, the person will be required to permit the taking of a blood specimen under section 72(1)(a); and
b: that if the result of a blood test indicates the presence of alcohol in the person’s blood the person may be issued with an infringement offence notice or charged with an offence, depending on the proportion of alcohol; and
c: of the infringement fee payable for a breach of section 56(2B)
d: that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.
10: Section 70A replaced (Right to elect blood test)
Replace section 70A
70A: Right to elect blood test
1: A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), to elect to have a blood test to assess the proportion of alcohol in his or her blood, if the result of that person's evidential breath test appears to be positive, and—
a: the result of the person's evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
b: the person is apparently younger than 20; or
c: the person holds an alcohol interlock licence or a zero alcohol licence.
2: A person does not have the right to elect to have a blood test to assess the proportion of alcohol in his or her blood if the result of the person's positive evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.
3: Subsection (2)
11: Section 72 amended (Who must give blood specimen at places other than hospital or surgery)
1: After section 72(1)
1AA: Subsection (1)(b) does not apply in the case of a person (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) if the result of the evidential breath test under section 69(4) indicates that the proportion of alcohol in the person's breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.
2: After section 72(1C)
1D: An enforcement officer who advises a person of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of an evidential breath test) must also, without delay, advise the person that if the person elects to have a blood test the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of that blood test establishes that the person has committed an offence against this Act.
1E: An enforcement officer who requires a person to permit the taking of a blood specimen under subsection (1)(c), (d), or (e) must advise the person that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.
12: Section 74 amended (Procedure for dealing with blood specimens)
Replace section 74(7)(a)(iii)
iia: in the case of an infringement offence, the date on which the defendant is served with an infringement notice in respect of the infringement offence; or
iii: in any case to which subparagraph (i), (ii), or (iia) .
13: Section 77 amended (Presumptions relating to alcohol-testing)
Replace section 77(3)
3: Except as provided in subsections (3B)
a: the person who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained,—
i: that the test was positive; and
ii: of the consequences specified in subsection (3A)
b: the person who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a)
ii: complies with section 72(2).
3A: The consequences referred to in subsection (3)(a)(ii)
a: that the positive test could of itself be conclusive evidence to lead to that person's conviction for an offence against this Act if—
i: the test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
ii: the person is younger than 20 and the proportion of alcohol in the person's breath exceeds 150 micrograms of alcohol per litre of breath; or
iii: the person holds an alcohol interlock licence or a zero alcohol licence:
b: that the positive test could of itself be conclusive evidence that the person has committed an infringement offence against this Act if the person is younger than 20 and the test indicates that the person's breath contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.
3B: Subsection (3)
14: Section 121 amended (Enforcement officer may immobilise vehicle, etc, in specified circumstances)
In section 121(3) where the result of an evidential breath test undergone by the person indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath, where the person has undergone an evidential breath test and it appears to the enforcement officer that the test is positive,
2: Technical and consequential amendments
15: Technical and consequential amendments to principal Act
Amend the principal Act as set out in Schedule 1
16: Consequential amendments to regulations
Amend the regulations listed in Schedule 2 2014-12-01 Land Transport (Offences and Penalties) Regulations 1999


Parliamentary Privilege Act 2014

1: Title
This Act is the Parliamentary Privilege Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General provisions
3: Purposes of this Act
1: The main purposes of this Act are to—
a: reaffirm and clarify the nature, scope, and extent of the privileges, immunities, and powers exercisable by the House of Representatives, its committees, and its members; and
b: ensure adequate protection from civil and criminal legal liability for communication of, and of documents relating to, proceedings in Parliament.
2: The subsidiary purposes of this Act, to help it to achieve its main purposes, are to—
a: reaffirm generally in a single Act and clarify the purpose and certain other aspects of, but avoid comprehensive codification of, parliamentary privilege; and
b: provide for Article 9 of the Bill of Rights 1688 to be taken to have, for the avoidance of doubt, a specified effect (in addition to any other operation, and subject to specified overriding offence provisions); and
c: define, for the avoidance of doubt, proceedings in Parliament Attorney-General v Leigh
d: abolish and prohibit evidence being offered or received, questions being asked, or statements, submissions, or comments made, concerning proceedings in Parliament, to inform or support effective repetition Buchanan v Jennings
e: replace with modern legislation the law formerly contained in the Legislature Act 1908 Legislature Amendment Act 1992 Defamation Act 1992
4: Interpretation of this Act
1: This Act must be interpreted in a way that—
a: promotes its main and subsidiary purposes; and
b: promotes the principle of comity that requires the separate and independent legislative and judicial branches of government each to recognise, with the mutual respect and restraint that is essential to their important constitutional relationship, the other’s proper sphere of influence and privileges; and
c: ensures privileges, immunities, and powers of the House of Representatives, its committees, and its members are exercisable for the purpose stated in section 7
2: Subsection (1) Part 2 Section 4(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
5: Interpretation
1: In this Act, unless the context otherwise requires,— committee communication
a: communication to or for any people, in any form, on any basis, and using any medium or media, of the document or proceedings; and
b: live or delayed original communication, and delayed recommunication, of the document or proceedings; and
c: live or delayed communication to the public of the document or proceedings Examples
Delivery of a printed copy of the document Email of an electronic copy of the document Internet posting for viewing or downloading of an electronic copy of the document Radio broadcast of, or of an audio file or recording of, the proceedings Television broadcast (free of charge or by payment) of, or of a video file or recording of, the proceedings Internet webcast or podcast (on-demand or scheduled) of, or of an audio or video file or recording of, the proceedings Transmission solely as a distributor, a reproducer of content, or a supplier of transmission services, of the document or of, or of an audio or video file or recording of, the proceedings. communication to the public copy court
a: the Supreme Court, the Court of Appeal, the High Court, or the District
b: any of the following specialist courts: the Court Martial of New Zealand established by section 8 Court Martial Appeals Act 1953 District Court
a: the Family Court and the Youth Court; and
b: the District Court sitting in its admiralty jurisdiction document
a: any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, including (without limitation) material that is any of the following:
i: a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:
ii: a book, map, plan, graph, or drawing:
iii: a photograph, film, or negative:
b: information electronically recorded or stored (including, without limitation, an audio or video file or recording), or information derived from that information:
c: a copy of, or part of, a document as defined in paragraph (a) or (b) exercisable House member section 10(4) officer
a: in subpart 4
i: the Clerk, or the Deputy Clerk, of the House; or
ii: a Clerk-Assistant of the House; or
iii: the Serjeant-at-Arms; and
b: in the rest of this Act, means any officer of the House (including, without limitation, an officer referred to in paragraph (a)(i), (ii), or (iii) proceedings in Parliament section 10 report
a: a record or transcript; and
b: part of a report Speaker
a: every person who is the Speaker of the House (as chosen and confirmed, and continuing in office, under sections 12 13
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 after the general election, every person who held on that polling day the office of Speaker of the House or Deputy Speaker of the House summons
a: that is a process of, or issued by or on behalf of, the court or tribunal; and
b: that requires attendance at the court or tribunal tribunal section 6 under the House's or a committee's authority
2: The examples provided in subsection (1) section 14
a: do not limit that provision; and
b: may extend the operation of that provision.
3: A reference in this Act or in an enactment it amends to article 9 of the Bill of Rights 1688 is a reference to the ninth article of section 1 of the Bill of Rights 1688 so far as that article is part of the laws of New Zealand under section 3(1) Schedule 1 Section 5(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 5(1) District Court replaced 1 March 2017 section 261 District Court Act 2016
6: Act binds the Crown
This Act binds the Crown.
2: Parliamentary privilege: fundamental provisions
1: Privileges generally of House, committees, and members
7: Purpose of parliamentary privilege
The privileges, immunities, and powers exercisable in accordance with the rest of this Act by the House, committees, and members, are exercisable to—
a: uphold the integrity of the House as a democratic legislative assembly; and
b: secure the independence of the House, committees, and members, in the performance of their functions.
8: Privileges exercisable and part of laws of New Zealand, journals as evidence
Privileges, etc, exercisable
1: The privileges, immunities, and powers exercisable by the House, committees, and members are every privilege, immunity, or power that complies with both of the following:
a: it was on 1 January 1865 (by parliamentary custom or practice and rules, statute, or common law) exercisable by the Commons House of Parliament of Great Britain and Ireland, its committees, or its members; and
b: it is not inconsistent with, or repugnant to, the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom as in force on (the date of the coming into operation of the Parliamentary Privileges Act 1865, namely) 26 September 1865. Privileges, etc, part of laws of New Zealand
2: Those privileges, immunities, and powers are part of the laws of New Zealand. Judicial notice of privileges, etc
3: All courts and all persons acting judicially must take judicial notice of those privileges, immunities, and powers. Use, on privileges, etc, inquiry, of House of Commons Journal
4: On any inquiry touching those privileges, immunities, and powers, a copy of the Journals of the Commons House of Parliament that purports to be printed or published by order of the Commons House of Parliament must be admitted as evidence of those journals by all courts, persons acting judicially, and other persons, without any proof being given that the copy was so printed or published. 1865 No 13 ss 4, 5; 1908 No 101 s 242
2: Effect of Article 9 of Bill of Rights 1688, and proceedings in Parliament defined
Reaffirmation, and clarification of aspects, of Article 9
9: Article 9 to be taken to have specified effect
Article 9 of the Bill of Rights 1688 must be taken to have, in addition to any other operation, the effect required by this subpart Crimes Act 1961
a: section 102
b: section 103
c: section 109 1908 No 101 ss 252 253(4) Definition
10: Proceedings in Parliament defined
1: Proceedings in Parliament
2: The definition in subsection (1)
a: the giving of evidence (and the evidence so given) before the House or a committee:
b: the presentation or submission of a document to the House or a committee:
c: the preparation of a document for purposes of or incidental to the transacting of any business of the House or of a committee:
d: the formulation, making, or communication of a document, under the House's or a committee's authority (and the document so formulated, made, or communicated):
e: any proceedings deemed by an enactment to be (or a thing said or produced, or information supplied, in an inquiry or proceedings, if an enactment provides the thing or information is privileged in the same way as if the inquiry or proceedings were) for those purposes proceedings in Parliament.
3: In determining under subsection (1) subsection (1)
4: In determining under subsection (1)
5: Necessity test
6: Subsections (2) and (3) subsection (1)
7: This section applies despite any contrary law (including, without limitation, every enactment or other law in the decision in Attorney-General v Leigh Parliamentary Privileges Act 1987 s 16(2) (Aust) Scope of prohibited impeaching or questioning, in court or tribunal proceedings, of proceedings in Parliament
11: Facts, liability, and judgments or orders
In proceedings in a court or tribunal, evidence must not be offered or received, and questions must not be asked or statements, submissions, or comments made, concerning proceedings in Parliament, by way of, or for the purpose of, all or any of the following:
a: questioning or relying on the truth, motive, intention, or good faith of anything forming part of those proceedings in Parliament:
b: otherwise questioning or establishing the credibility, motive, intention, or good faith of any person:
c: drawing, or inviting the drawing of, inferences or conclusions wholly or partly from anything forming part of those proceedings in Parliament:
d: proving or disproving, or tending to prove or disprove, any fact necessary for, or incidental to, establishing any liability:
e: resolving any matter, or supporting or resisting any judgment, order, remedy, or relief, arising or sought in the court or tribunal proceedings. Parliamentary Privileges Act 1987 s 16(3) (Aust)
12: Production or use of documents or oral evidence House or committee received in private, or as secret evidence
1: This subsection applies to a document that has been prepared for the purpose of submission, and submitted, to the House or a committee, and that—
a: was received (as advice, evidence, or otherwise) in private by, and so is confidential to, the House or the committee; or
b: was received as secret evidence by the House or the committee, and so generally cannot be disclosed.
2: A court or tribunal must not require to be produced, or admit into evidence, or admit evidence relating to, a document to which subsection (1)
3: This subsection applies to oral evidence taken by the House or a committee, and that—
a: was received (as advice, evidence, or otherwise) in private by, and so is confidential to, the House or the committee; or
b: was heard as secret evidence by the House or the committee, and so generally cannot be disclosed.
4: A court or tribunal must not admit evidence concerning, or require to be produced or admit into evidence a document recording or reporting, oral evidence to which subsection (3) Parliamentary Privileges Act 1987 s 16(4) (Aust)
13: Use of certain documents in interpretation of legislation
1: This section applies to proceedings in a court or tribunal so far as those proceedings are for the purpose of ascertaining the meaning of, or the meaning that can be given to, an enactment.
2: Neither this subpart
a: admitting in evidence (or taking judicial notice of) a document relating to proceedings in Parliament communicated under the House's or a committee's authority; or
b: allowing the making of statements, submissions, or comments based on that document. Parliamentary Privileges Act 1987 s 16(5)(b) (Aust)
14: Operation of Parts 3 and 4
Neither this subpart Parts 3 4 Examples
A court’s or tribunal’s presiding judicial officer under section 17(4) section 17 section 31 A court or tribunal under section 30 section 31
15: Use of proceedings to establish, without impeaching or questioning, historical events or other facts
1: In relation to proceedings in a court or tribunal, neither this subpart
2: This section is explanatory only, and does not limit or affect the prohibition in Article 9 of the Bill of Rights 1688 (operating as this subpart Subpart is declaratory, and prospective only
16: Subpart is for avoidance of doubt, and does not apply to existing court or tribunal proceedings
1: This subpart
2: However (in accordance with section 32 subpart
a: in a court or a tribunal; and
b: that commenced before this Act's commencement. Parliamentary Privileges Act 1987 s 16(7) (Aust)
3: Communicating proceedings in Parliament
1: Stays of court or tribunal proceedings in respect of specified communications
17: Communications of proceedings in Parliament, related documents, or specified copies
1: This section applies if civil or criminal proceedings in a court or tribunal are commenced against a person in respect of either or both of the following:
a: the communication, by the person or the person's agent or employee, and under the House's or a committee's authority, of either or both of the following:
i: proceedings in Parliament:
ii: a document relating to proceedings in Parliament:
b: the communication, by the person or the person's agent or employee, of a copy of a document (an authorised parliamentary communication
i: relating to proceedings in Parliament; and
ii: communicated under the House's or a committee's authority.
2: The Speaker may, on an application for the purpose made to the Speaker by or on behalf of the person, grant the person a certificate—
a: stating that the person, or the person's agent or employee did (as the case may be) all or any of the following:
i: communicated, under the House's or a committee's authority, the proceedings in Parliament, the document relating to proceedings in Parliament, or both:
ii: communicated the authorised parliamentary communication; and
b: appending copies of each document relating to proceedings in Parliament or authorised parliamentary communication communicated, and stating that true copies of them were communicated; and
c: signed by the Speaker.
3: The person may, by doing both of the following, apply for a stay of the proceedings in the court or tribunal:
a: filing in, or lodging with, the court or tribunal (without fee) a notice of application for the purpose appending the certificate (and that may, but need not, include or append a draft order staying the proceedings); and
b: serving (or taking all reasonable steps to serve) copies on, or on counsel for, all other parties to the proceedings (including, without limitation, the plaintiff or prosecutor in the proceedings).
4: The court’s or tribunal’s registrar must, if satisfied (on any evidence the registrar requires) the person has applied for a stay of the proceedings in accordance with subsection (3)
5: The order staying the proceedings must (without fee) be sealed, dated, and served, and entered in the court’s or tribunal’s formal or permanent record, in accordance with its practice and procedure.
6: The stayed proceedings are required by this section to be taken to be finally determined.
7: This section does not prevent or restrict the plaintiff’s or prosecutor’s discontinuing or withdrawing the proceedings. 1954 No 46 ss 18, 19; 1992 No 106 ss 2 4 5
2: Qualified immunity from civil or criminal liability
18: Effect and operation of qualified immunity under this Act
1: Qualified immunity under this Act is an immunity from any civil or criminal liability for the relevant communication.
2: The immunity is a defence to liability, but the defence is available to the defendant only if—
a: the defence is pleaded, or otherwise raised as a defence, by or on behalf of the defendant; and
b: the defence is not made unavailable by subsection (3)
3: The defence is unavailable if, in proceedings against the defendant that relate to the relevant communication, the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant abused the occasion of communication.
4: The defendant abused the occasion of communication if the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant did either or both of the following:
a: acted in bad faith:
b: acted with a predominant motive of ill will.
5: Subsection (4) subsection (3) 1992 No 105 ss 16(1), (3) 17 19 Schedule 1
19: Delayed communication to public, not under House's authority, of proceedings in Parliament
A delayed communication to the public, by any communicator, of proceedings in Parliament, if not made under the House's or a committee's authority, is protected by qualified immunity. 1992 No 105 ss 16(1), (3) 17 19 Schedule 1
20: Communication of certain parliamentary documents
The following communications are protected by qualified immunity:
a: the communication of a fair and accurate report of proceedings in Parliament:
b: the communication of a fair and accurate extract from, or summary of,—
i: a document communicated under the House's or a committee's authority; or
ii: a document relating to proceedings in Parliament, and communicated under—
A: the House's or a committee's authority; or
B: the authority of any enactment. 1992 No 105 ss 16(1) 17 19 Schedule 1
21: Other laws unaffected
1: This Act does not limit or affect any laws relating to absolute privilege or qualified privilege.
2: Those laws include, without limitation, sections 13 to 19 of the Defamation Act 1992. 1992 No 105 ss 15 16(3)
4: Parliamentary privilege: other provisions
1: House's power to fine for contempt
22: House may impose fine on person determined by House to have committed contempt of House
Power to fine for contempt of House
1: The House may by resolution impose on a person, for a contempt of the House determined by the House to have been committed by that person, a fine not exceeding $1,000. Enforcement
2: A fine imposed on a person under subsection (1) is payable and enforceable under Part 3 Summary Proceedings Act 1957 section 79(1)
3: The Clerk of the House must ensure a copy of a resolution under subsection (1)
a: for service on the person under the Summary Proceedings Act 1957 (as if it contained the same information, except appeals information, as a notice of fine under section 84(2) of that Act); and
b: for enforcement against the person under that Act. Power to fine is exclusive, but other penalty powers unaffected
4: This section replaces all other powers, if any, of the House, under any other laws, to impose a fine on a person for a contempt of the House determined by the House to have been committed by that person, but does not limit or affect the House's powers to penalise the person for the contempt otherwise than by imposing a fine on the person (whether the other penalty is instead of, or as well as, the imposition of a fine). Power to fine is for avoidance of doubt
5: Subsection (1) (except for the $1,000 maximum) declares and enacts, for the avoidance of doubt, part of the effect that section 242 Parliamentary Privileges Act 1987 s 7(5)–(8) (Aust)
2: House has no power to expel from membership of House
23: Members' seats become vacant only as provided in Electoral Act 1993
1: The House has no power to make a member's seat become vacant by expelling the member (whether to discipline or punish the member, to protect the House by removing an unfit member, or for any reason or purpose) from membership of the House.
2: Subsection (1) overrides any law to the contrary. Parliamentary Privileges Act 1987 s 8 (Aust)
3: Parliamentary witnesses
24: House or committee may administer oath or affirmation
The House or a committee respectively may, for the purpose of taking evidence on oath or affirmation from a witness examined before the House or that committee, administer an oath or affirmation to the witness. 1908 No 101 s 252
25: Privileges and immunities of witness giving evidence on oath or affirmation
1: A witness examined before the House or a committee and giving evidence on oath or affirmation has, in respect of that evidence, the same privileges and immunities as has a witness giving evidence on oath or affirmation in a court.
2: This section is subject to any contrary enactment. 1875 No 20 s 2; 1908 No 101 s 253(5)
4: Members' and certain officers' participation in court or tribunal proceedings
26: Member or officer may apply to Speaker for certificate exempting from attendance
A member (other than the Speaker) or officer may apply to the Speaker to be exempted from attendance if the member or officer is required by a court's or tribunal's summons to attend personally at the court or tribunal—
a: as a party or witness in a civil proceeding; or
b: as a witness in a criminal proceeding. 1908 No 101 ss 257 261
27: Speaker determines application for exemption certificate
1: The Speaker must, on an application under section 26
a: delay injuriously, or defeat, the interests of justice; or
b: cause irreparable injury to a party to the proceeding.
2: The certificate must be signed by the Speaker, attach a copy of the summons, and identify the attendance concerned. 1908 No 101 s 263
28: Extent of exemption under certificate granted
An exemption certificate granted to a member or an officer under section 27
a: the end of the session during which the certificate was granted:
b: the end of the calendar year after the calendar year during which the certificate was granted. 1908 No 101 s 264
29: Order or certificate exempting Speaker from attendance
When and how House to consider making exempting order
1: This subsection applies if the Speaker—
a: is required by a court's or tribunal's summons to attend personally at the court or tribunal—
i: as a party or witness in a civil proceeding; or
ii: as a witness in a criminal proceeding; and
b: either has already acted under subsection (5) but can now submit the matter to the House without delay because the House has since ceased to be adjourned, or cannot act under subsection (5) because—
i: the House is not adjourned; or
ii: the House is adjourned but the Speaker is not satisfied that it is necessary to act without delay.
2: The Speaker must if subsection (1) applies submit the matter to the House at the first convenient opportunity.
3: The House may, on a matter submitted under subsection (2), make any order the House thinks fit, but an order of the House that the Speaker be exempted from attendance exempts the Speaker from attendance (whether in compliance with the summons, or otherwise) until the earlier of the following times:
a: the end of the session during which the order was made:
b: the end of the calendar year after the calendar year during which the order was made. Speaker to grant temporary exempting certificate if House adjourned, etc
4: This subsection applies if the Speaker—
a: is required by a court's or tribunal's summons to attend personally at the court or tribunal—
i: as a party or witness in a civil proceeding; or
ii: as a witness in a criminal proceeding; and
b: cannot submit the matter to the House without delay because the House is adjourned; and
c: is satisfied that it is necessary to act without delay; and
d: is not satisfied, after any inquiry the Speaker thinks fit to make, that non-compliance with the summons would—
i: delay injuriously, or defeat, the interests of justice; or
ii: cause irreparable injury to a party to the proceeding.
5: The Speaker must if subsection (4) applies grant to the Speaker an exemption certificate.
6: The certificate must be signed by the Speaker, attach a copy of the summons, and identify the attendance concerned.
7: An exemption certificate granted under subsection (5) exempts the Speaker from attendance (whether in compliance with the summons, or otherwise) until both of the following have occurred:
a: the matter is submitted at the first convenient opportunity to the House, under subsection (2); and
b: the House has made an order on the matter, under subsection (3). 1908 No 101 s 260
30: Effect of certificate or order
If a certificate granted, or order made, under section 27 29
a: the member, officer, or Speaker is exempted from attendance as provided in (as the case requires) section 28 29(3) or (7)
b: no proceedings (civil or criminal) may be commenced or continued against the member, officer, or Speaker in respect of his or her non-compliance with the summons, or other non-attendance during his or her exemption; and
c: the court or tribunal may adjourn the proceeding on any terms it thinks convenient and just in light of that exemption. 1908 No 101 s 264
5: Judicial notice of Speaker's signature on certificates
31: Judicial notice must be taken of Speaker's signature
All courts and all persons acting judicially must take judicial notice of the Speaker's signature on a certificate granted under section 17 27 29 1908 No 101 s 268
6: Evidence of parliamentary journals
Subpart 6 inserted 28 October 2021 section 16 Legislation (Repeals and Amendments) Act 2019
31A: Copies of parliamentary journals to be evidence
1: This section applies to copies of the Journals of the Legislative Council or the House of Representatives of New Zealand that purport to be printed by the Government Printer or published under the House’s authority.
2: All courts and all persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were so printed or published. 2012 No 119 s 19 Section 31A inserted 28 October 2021 section 16 Legislation (Repeals and Amendments) Act 2019
5: Savings provision, related amendments, and repeals
Savings provision
32: Existing court or tribunal proceedings
This Act's provisions (other than this section) do not apply to proceedings—
a: in a court or a tribunal; and
b: that commenced before this Act's commencement. Parliamentary Privileges Act 1987 s 16(7) (Aust) Related amendments
33: Canterbury Earthquake Recovery Act 2011 amended
1: This section amends the Canterbury Earthquake Recovery Act 2011
2: In section 71(6)(c) or the New Zealand Bill of Rights Act 1990 the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014 2014-08-08 Canterbury Earthquake Recovery Act 2011
34: Defamation Act 1992 amended
1: This section amends the Defamation Act 1992
2: In the heading to section 13 Parliamentary proceedings proceedings in Parliament
3: In section 13(1) and (2) the House of Representatives Parliament
4: In section 13(3)(c) record of the proceedings of the House of Representatives report of proceedings in Parliament
5: After section 13(3)
4: Proceedings in Parliament section 10
6: In Schedule 1 2014-08-08 Defamation Act 1992
35: Epidemic Preparedness Act 2006 amended
1: This section amends the Epidemic Preparedness Act 2006
2: In section 12(3)(c) or the New Zealand Bill of Rights Act 1990, the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014,
3: In section 15(3)(c) or the New Zealand Bill of Rights Act 1990, the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014, 2014-08-08 Epidemic Preparedness Act 2006
36: Imperial Laws Application Act 1988 amended
1: This section amends the Imperial Laws Application Act 1988
2: In Schedule 1 section 1 [ the ninth article of which must be taken to have, in addition to any other operation, the effect specified in section 9 2014-08-08 Imperial Laws Application Act 1988
37: Intelligence and Security Committee Act 1996 amended
1: This section amends the Intelligence and Security Committee Act 1996
2: In section 16(1) Article 9 of the Bill of Rights 1688 and the Parliamentary Privilege Act 2014
3: In section 16(2) of the House of Representatives in Parliament (as defined in section 10 2014-08-08 Intelligence and Security Committee Act 1996 Repeals
38: Legislature Act 1908 and Legislature Amendment Act 1992 repealed
1: The Legislature Act 1908
2: The Legislature Amendment Act 1992 2014-08-08 Legislature Act 1908 Legislature Amendment Act 1992


1: Title
This Act is the Kaikōura (Te Tai o Marokura) Marine Management Act 2014
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: recognise the local, national, and international importance of the coast and sea around Kaikōura ( Te Tai o Marokura
b: provide measures to assist the preservation, protection, and sustainable and integrated management of the coastal and marine environment and biological diversity of Te Tai o Marokura:
c: acknowledge the importance of kaitiakitanga and local leadership:
d: establish an advisory committee to provide advice regarding biosecurity, conservation, and fisheries matters within a marine management area:
e: establish, within Te Tai o Marokura,—
i: a marine reserve:
ii: a whale sanctuary:
iii: a New Zealand fur seal sanctuary:
iv: various mātaitai reserves and taiāpure-local fisheries:
f: amend the Fisheries (Amateur Fishing) Regulations 2013
4: Interpretation
In this Act, unless the context otherwise requires,— biosecurity, conservation, and fisheries legislation
a: Biosecurity Act 1993
b: Conservation Act 1987
c: Fisheries Act 1996
d: Marine Mammals Protection Act 1978
e: Marine Reserves Act 1971
f: Reserves Act 1977
g: Wildlife Act 1953 Director-General Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area clause 1
5: Act binds the Crown
This Act binds the Crown.
2: Te Tai o Marokura management measures
1: Kaikōura Marine Guardians and Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
6: Kaikōura Marine Guardians established
1: This section establishes an advisory committee for Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.
2: The advisory committee is named the Kaikōura Marine Guardians.
3: The Minister of Conservation and the Minister responsible for the administration of the Fisheries Act 1996
a: appoint and remove members of the Kaikōura Marine Guardians:
b: disestablish the Kaikōura Marine Guardians.
4: Before appointing or removing any member of the Kaikōura Marine Guardians in accordance with subsection (3)(a), the Ministers must be satisfied that, following the appointment or removal, the following interests and areas of expertise will be represented on the advisory committee:
a: Te Rūnanga o Ngāi Tahu; and
b: the Kaikōura community; and
c: biosecurity, conservation, education, environment, fishing, marine science, and tourism.
5: The Kaikōura Marine Guardians may, subject to any directions given to them by 1 or both of the Ministers, determine their own procedure.
6: For the purposes of this section, member
7: Kaikōura Marine Guardians may advise Ministers and persons exercising statutory powers and performing statutory functions
1: The Kaikōura Marine Guardians may provide advice on any biosecurity, conservation, or fisheries matter related to the marine and coastal environment within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area to any of the following:
a: the Minister responsible for the administration of the Biosecurity Act 1993
b: the Minister of Conservation:
c: the Minister responsible for the administration of the Fisheries Act 1996
d: any person exercising a power or performing a function under the biosecurity, conservation, and fisheries legislation.
2: The Kaikōura Marine Guardians may provide advice under subsection (1) on request or on their own initiative.
3: If the matter relates exclusively to Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, the person receiving the advice must take the advice into account.
4: If the matter also relates to any area outside of Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, the person receiving the advice may, but is not required to, take the advice into account. Ministerial review
8: Ministerial review
1: The Minister of Conservation and the Minister responsible for the administration of the Fisheries Act 1996
2: The measures are—
a: the Kaikōura Marine Guardians established under section 6
b: the marine reserve established under section 9
c: the whale sanctuary established under section 11
d: the New Zealand fur seal sanctuary established under section 12
e: the mātaitai reserves established under sections 21 22 23
f: the taiāpure-local fisheries established under sections 26 27
3: Before initiating a review under subsection (1), the Ministers must consult the Kaikōura Marine Guardians on the terms of reference for the review.
4: The Ministers must ensure that, as part of the review, there is reasonable opportunity for interested persons to make submissions on the operation and effectiveness of the measures specified in subsection (2).
5: The Ministers must—
a: prepare a report on the review; and
b: present the report to the House of Representatives.
2: Hikurangi Marine Reserve
9: Hikurangi Marine Reserve
1: The area described in clause 1
2: The marine reserve is named Hikurangi Marine Reserve.
10: Effect of declaration of marine reserve
The marine reserve declared by section 9 section 4(1)
3: Te Rohe o Te Whānau Puha Whale Sanctuary and Ōhau New Zealand Fur Seal Sanctuary
Te Rohe o Te Whānau Puha Whale Sanctuary
11: Te Rohe o Te Whānau Puha Whale Sanctuary
1: The area described in clause 1
2: The whale sanctuary is named Te Rohe o Te Whānau Puha Whale Sanctuary. Ōhau New Zealand Fur Seal Sanctuary
12: Ōhau New Zealand Fur Seal Sanctuary
1: The area described in clause 3
2: The New Zealand fur seal sanctuary is named Ōhau New Zealand Fur Seal Sanctuary. Provisions that apply to both sanctuaries
13: Provisions that apply to Te Rohe o Te Whānau Puha Whale Sanctuary and Ōhau New Zealand Fur Seal Sanctuary
1: Sections 14 to 20
2: In this section and sections 14 to 20 sanctuary
14: Minister of Conservation may vary sanctuary
1: The Minister of Conservation may, by notice
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
15: Minister of Conservation may impose restrictions in respect of sanctuary
1: The Minister of Conservation may, by notice
2: A notice imposing a restriction may specify circumstances in which an application for an exemption from the restriction (in whole or in part) may be granted by the Director-General.
3: Before imposing a restriction, the Minister of Conservation must—
a: publish a notice in the Gazette proposal
b: consider any submissions received within 28 days after the date of publication of the notice describing the proposal; and
c: obtain any consent required under subsection (5).
4: Subsection (5) applies where the proposal affects any matter within the responsibilities of any other Minister.
5: The Minister of Conservation must obtain the consent of the other Minister to the proposal and indicate, in the
6: For the purposes of subsections (4) and (5), other Minister
7: The Minister of Conservation need not comply with subsections (3) to (5) before varying restrictions imposed in respect of a sanctuary where the variation has no more than a minor effect or corrects errors or makes minor technical changes.
8: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
16: Restrictions to be imposed following commencement
1: Within 1 month after the commencement of this Act, the Minister of Conservation must publish notices in the Gazette section 15(1)
a: on seismic surveying within Te Rohe o Te Whānau Puha Whale Sanctuary:
b: on access to Ōhau New Zealand Fur Seal Sanctuary.
2: Section 15(3) to (5) Gazette
17: Director-General may recover costs of assessing application
1: This section applies to any person who applies, in accordance with section 15(2) section 15(1)
2: The Director-General may require the person to pay any costs incurred by the Director-General in assessing the application.
3: The Director-General may,—
a: before assessing the application, estimate the costs and require the person to pay the estimated costs before the Director-General assesses the application; and
b: after assessing the application, determine the actual costs and provide a refund or require further payment as appropriate.
4: If the costs are wholly or partly unpaid 20 working days after a request for payment, the Director-General may recover the unpaid costs from the person as a debt due.
18: Offences related to sanctuaries
1: A person commits an offence who—
a: fails to comply with a restriction imposed in respect of a sanctuary by a section 15(1)
b: makes any false or misleading statement in any application to the Director-General for an exemption from a restriction.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
3: If a person is convicted of an offence against subsection (1) and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable, instead of any other penalty prescribed for the offence, to—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000. Section 18(1)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
19: Application of Marine Mammals Protection Act 1978: offences and enforcement
1: The following provisions of the Marine Mammals Protection Act 1978 section 22
a: section 22(5)
b: section 26(3)
c: section 26A
2: In relation to a sanctuary, every person declared or appointed to be a Marine Mammals Officer under section 11(1) or (2)
a: is entitled to be provided with subsistence and accommodation in accordance with section 12
b: may exercise powers of search in accordance with section 13
c: may obtain a warrant in accordance with section 14
d: is protected (together with the Crown and any person acting under the officer's instructions) from proceedings in respect of certain actions in accordance with section 15
3: For the purposes of subsections (1) and (2),—
a: a breach of a restriction imposed by a section 15(1) Marine Mammals Protection Act 1978
b: an offence against section 18 Marine Mammals Protection Act 1978
4: Subsections (5) and (6) apply where any person causes an officer to incur any expense—
a: by that person failing to comply with or acting in contravention of any restriction imposed by a section 15(1)
b: by that person failing to comply with or acting in contravention of any order, direction, requirement, or condition reasonably and properly given or imposed in accordance with this subpart or by a section 15(1)
5: The person must reimburse the Crown for the amount of the expense that—
a: is reasonably and properly incurred; and
b: the officer would not otherwise have incurred.
6: The amount is recoverable from the person as a debt due to the Crown. Section 19(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(3)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021
20: Application of Marine Mammals Protection Act 1978: administration of sanctuaries and policies, strategies, and plans
Sections 3A to 3H section 22 Section 20 amended 28 October 2021 section 3 Secondary Legislation Act 2021
4: Mātaitai reserves and taiāpure-local fisheries
Mātaitai reserves declared
21: Mangamaunu Mātaitai
1: The area described in clause 1
2: The mātaitai reserve is named Mangamaunu Mātaitai.
22: Oaro Mātaitai
1: The area described in clause 2
2: The mātaitai reserve is named Oaro Mātaitai.
23: Te Waha o te Marangai Mātaitai
1: The area described in clause 3
2: The mātaitai reserve is named Te Waha o te Marangai Mātaitai.
24: Appointment of Tangata Tiaki/Kaitiaki for mātaitai reserves
1: Te Rūnanga o Kaikōura may nominate Tangata Tiaki/Kaitiaki for each mātaitai reserve declared by sections 21 22 23 form 1
2: The Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of the Fisheries Act 1996
25: Effect of declaration of mātaitai reserve
1: A mātaitai reserve declared by section 21 22 23 Gazette regulation 20
2: An appointment of a Tangata Tiaki/Kaitiaki under section 24 regulation 21
3: Regulation 22(1)(a) and (b) and (2) Taiāpure-local fisheries declared
26: Te Taumanu o Te Waka a Māui Taiāpure
1: The area described in clause 4
2: The taiāpure-local fishery is named Te Taumanu o Te Waka a Māui Taiāpure.
27: Oaro-Haumuri Taiāpure
1: The area described in clause 5
2: The taiāpure-local fishery is named Oaro-Haumuri Taiāpure.
28: Effect of declarations of taiāpure-local fisheries
A taiāpure-local fishery declared by section 26 27 section 175
5: Consequential amendments
29: Amendments to the Fisheries (Amateur Fishing) Regulations 2013 relating to Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
1: This section amends the Fisheries (Amateur Fishing) Regulations 2013
2: Amend the provisions set out in Schedule 5
3: After Schedule 10 Schedule 10A Schedule 6 2014-08-08 Fisheries (Amateur Fishing) Regulations 2013
30: Consequential amendments
Amend the enactments specified in Schedule 7 2014-08-08 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013


1: Title
This Act is the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
2: Commencement
1: Sections 7 to 9 1 May 2016
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Fisheries Act 1996 principal Act 2014-08-08 Fisheries Act 1996 except for sections 7 to 9 which come into force on 1 May 2016
1: Registration of fishing vessels
Amendments taking effect on day after date on which Act receives Royal assent
4: Section 103 amended (Fishing vessels must be registered)
1: Replace section 103(1)(c)
c: that person complies with all conditions of registration.
2: In section 103(4) to impose (and such conditions may include, but are not limited to, conditions that relate to fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels)
3: After section 103(4)
4A: The chief executive may, from time to time, by written notice to the operator of a vessel with effect from the date specified in the notice amend, add to, or revoke any conditions of the consent to the registration of the vessel.
4: After section 103(6)(b)
ba: any risk associated with fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels that the chief executive considers would be likely to result if the vessel were to be registered; and .
5: After section 103(6)
6AA: All conditions of the chief executive's consent to the registration of a vessel in the Fishing Vessel Register are deemed for all purposes to be conditions of the registration of the vessel.
5: New sections 106A and 106B inserted
After section 106
106A: Suspension of consent to registration
1: The chief executive may, after complying with subsections (4) and (5)
2: If any person, department, or agency in the course of performing or exercising functions, duties, or powers under any Act obtains any information that is relevant for the purposes of subsection (1)
3: For the purposes of subsection (1)
4: The chief executive must notify the operator of the vessel in writing stating—
a: that he or she is satisfied on reasonable grounds that there has been a breach of any condition of consent to registration; and
b: the grounds on which the chief executive has based his or her belief; and
c: the actions the chief executive requires the operator to undertake or cease; and
d: the period within which the actions must be undertaken or cease (which must not be less than 72 hours from the date on which the operator is notified).
5: If the actions specified in the notice given under subsection (4)
a: give the operator not less than 7 days’ notice in writing of the intention to suspend consent to registration; and
b: give the operator a reasonable opportunity to make submissions to the chief executive; and
c: consider any submissions made to the chief executive by the operator.
6: The chief executive may impose conditions and requirements in respect of the implementation and operation of a suspension under this section.
7: If the chief executive suspends consent to a vessel's registration,—
a: he or she must notify the operator in writing that consent to the vessel's registration has been suspended; and
b: the notification must state—
i: the reasons for the suspension of the chief executive's consent to the vessel's registration; and
ii: the period of the suspension; and
iii: the conditions and requirements imposed under subsection (6)
iv: the rights of review and appeal available to a person directly affected under section 106B
8: A period of suspension may be extended by the chief executive from time to time if he or she is satisfied that any conditions and requirements referred to in subsection (7)(b)(iii) subsection (7)(except paragraph (b)(iv))
9: The chief executive may lift the suspension of consent if satisfied that suspension conditions and requirements referred to in subsection (7)(b)(iii)
10: A person commits an offence and is liable to the penalty set out in section 252(5) if the person uses a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale while the chief executive's consent to registration of the vessel is suspended.
11: Nothing in this section requires the chief executive to remit or refund any fees, charges, or levies paid or payable by the operator under this Act for the period from the date of registration to the close of the period of suspension.
12: For the purposes of section 103(1), a vessel must be treated as being not registered while the chief executive's consent to its registration is suspended under this section.
106B: Rights of review and appeal relating to suspension of consent to registration of vessel
1: A person directly affected by the chief executive's decision under section 106A(1)
2: The chief executive must, within 14 days after the date of receipt of an application under subsection (1)
3: If the applicant is dissatisfied with the chief executive's decision under subsection (2)
4: The District Court may confirm, reverse, or modify the decision appealed against.
5: If any party to any proceedings before the District Court under this section is dissatisfied with any determination of the court as being erroneous in point of law, the party may appeal to the High Court by way of case stated for the opinion of the court on a question of law only.
6: On an appeal under subsection (5)
7: Appeals under this section must be heard and determined in accordance with any applicable rules of court.
8: The operation of a decision to suspend the chief executive's consent to a vessel's registration continues in force pending the determination of a review or appeal under this section, except where the chief executive (in the case of a review) or the court hearing the appeal (in any other case) otherwise directs.
9: This section confers no right of review or appeal in relation to a decision under section 106A(8)
6: Section 252 amended (Penalties)
After section 252(5)(g)
ga: section 106A(10) . Amendments taking effect on 1 May 2016
7: Section 2 amended (Interpretation)
In section 2(1) foreign-owned New Zealand fishing vessel section 103(4) section 103A(4) 2016-05-01 Fisheries Act 1996 Sections 7 to 9 only come into force on 1 May 2016
8: Section 103 replaced (Fishing vessels must be registered)
Replace section 103
103: Fishing vessels must be registered
1: A person must not use a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale, in New Zealand fisheries waters, unless—
a: the vessel is a New Zealand ship or has been exempted under section 103A(1)
b: the vessel is registered under this section in the Fishing Vessel Register as a fishing vessel; and
c: that person complies with all conditions of registration.
2: An application to register a fishing vessel must—
a: be made by the operator of that fishing vessel; and
b: be made to the chief executive in the approved form and be accompanied by the prescribed fee (if any); and
c: be supported by evidence of the vessel's registration as a New Zealand ship or its exemption under section 103A(1)
3: Consent under section 103A(4)
4: If the chief executive, having received an application made in accordance with this section, is satisfied that the vessel is registered as a New Zealand ship or has been exempted under section 103A(1)
a: register the fishing vessel,—
i: in the case of a New Zealand ship, for a period not exceeding 5 years; or
ii: in the case of a vessel exempted from the requirement to be a New Zealand ship, for the relevant period under section 103A(3)
b: issue to the operator a certificate of registration in respect of that vessel.
5: All conditions of the chief executive's consent to the registration of a vessel in the Fishing Vessel Register are deemed for all purposes to be conditions of the registration of the vessel.
6: This section does not require that a vessel be registered as a fishing vessel merely because it is used to take fish, aquatic life, or seaweed produced as part of a lawful fish farming operation.
7: A person commits an offence and is liable to the penalty set out in section 252(5) if the person contravenes subsection (1)
103A: Process for granting exemption from requirement to be New Zealand ship and granting consent to registration
1: The chief executive may, on application, exempt a vessel from the requirement to be a New Zealand ship if satisfied that—
a: the vessel will be used only for carrying out fisheries-related research commissioned or approved by the chief executive; and
b: the operator of the vessel or, if the operator is an overseas person, the authorised agent has made reasonable efforts to find a replacement vessel that is a New Zealand ship but was unsuccessful; and
c: the exemption will be in New Zealand’s interests; and
d: there will be sufficient New Zealand control of the operations of the vessel during the period for which it is exempted.
2: An application under subsection (1)
a: be made by the operator of the vessel or, if the operator is an overseas person, by the authorised agent; and
b: be made in the approved form; and
c: be accompanied by the prescribed fee and the evidence specified in the approved form.
3: An exemption may be granted for the period specified in the special permit issued for the purposes of the fisheries-related research.
4: For the purposes of section 103(3)
a: grant consent, either generally or particularly, to the registration of 1 or more foreign-owned vessels operated by any person; and
b: grant consent under this section subject to any conditions that the chief executive thinks fit to impose (and such conditions may include, but are not limited to, conditions that relate to fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels).
5: The chief executive must have regard to the following matters before deciding whether or not to grant consent under this section:
a: any risk associated with fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels that the chief executive considers would be likely to result if the vessel were to be registered; and
b: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charter party, notified user, master, or crew; and
c: the nature of the charter or other agreement with the operator (if any); and
d: any other matters that the chief executive considers relevant.
6: The chief executive may, from time to time, by written notice to the operator of a vessel with effect from the date specified in the notice amend, add to, or revoke any conditions of the consent to the registration of the vessel.
7: If the chief executive grants an exemption under subsection (1)
a: for the purposes of the Minimum Wage Act 1983 Wages Protection Act 1983 Immigration Act 2009
b: for the purposes of the Minimum Wage Act 1983 Wages Protection Act 1983 paragraph (a)
i: if the operator of the vessel is the employer or contractor of those persons, the operator:
ii: in any other case, the person from whom the operator has, by virtue of a lease, a sublease, a charter, a subcharter, or otherwise, for the time being obtained possession and control of the vessel:
c: for the purpose of determining whether the payment to any person engaged or employed to do work on any such vessel meets the requirements of the Minimum Wage Act 1983
d: Labour Inspectors within the meaning of the Employment Relations Act 2000 paragraph (a) paragraph (a) or (b)
e: if the operator of any vessel is not the employer by virtue of paragraph (b) subsection (2) paragraph (a)
f: the authorised agent referred to in subsection (2) paragraph (a)
g: the Employment Relations Authority and the Employment Court may exercise jurisdiction in respect of any employment relationship that arises by virtue of paragraph (a) or (b)
9: Saving and transitional provisions
1: This section applies to every fishing vessel registered under the principal Act immediately before the commencement of this section.
2: On the commencement of this section, every vessel to which this section applies that is not a New Zealand ship is deemed to be an unregistered fishing vessel under the principal Act.
2: Observers and other matters
Amendments taking effect on day after date on which Act receives Royal assent
10: Section 2 amended (Interpretation)
In section 2(1) fisheries services fish farming (including any observer performing or exercising a function, duty, or power in accordance with the observer programme)
11: Section 223 amended (Observer programme established)
1: Replace section 223(1)
1: The observer programme is established for the purposes of—
a: collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement:
b: collecting reliable and accurate information about vessel safety and employment on fishing vessels:
c: collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels.
2: Replace section 223(3)
3: The chief executive may place any observer appointed under this section on any vessel to—
a: observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and
b: collect reliable and accurate information specified in subsection (1)
3: In section 223(4) the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter,
4: In section 223(4)(d) vessel (including any matter relating to vessel safety, the employment of any person on the vessel, or maritime rules relating to pollution and the discharge of waste material from vessels)
5: In section 223(4)(e) or seaweed seaweed, waste, or any other matter
6: After section 223(4)(f)
g: any other matter that may assist any person, department, or agency with statutory responsibilities for vessel safety, employment matters, or maritime rules relating to pollution and the discharge of waste material from vessels to obtain, analyse, or verify information relevant to those responsibilities.
12: Section 225 amended (Powers of observers and obligations of persons on vessels carrying observers)
After section 225(1)(d)
da: have access to any safety equipment and to any document concerning the manufacture or operation of the equipment:
db: have access to any person engaged or employed to do work on the vessel so that, if the observer so wishes, the observer may discuss with that person any matter concerning his or her engagement or employment on the vessel: .
13: New section 227A inserted (Installation and maintenance of equipment on vessels may be required)
After section 227
227A: Installation and maintenance of equipment on vessels may be required
The chief executive may require, in relation to any vessel, that specified equipment to observe fishing and transportation be installed and maintained on the vessel in accordance with regulations made under section 297(1)(ca)
14: Section 262 amended (Cost recovery principles)
After section 262(c)
ca: costs of fisheries services relating to any observer performing or exercising a function, duty, or power in accordance with the observer programme must, so far as practicable, be attributed to the persons who benefit from those services: .
15: Section 297 amended (General regulations)
1: Replace section 297(1)(ca)
ca: prescribing requirements or matters relating to the installation and maintenance of equipment (including electronic equipment) to observe fishing or transportation, and to the payment of any associated prescribed fees and charges: .
2: After section 297(1)(ma)
mb: without limiting paragraph (m), prescribing fees and charges payable under this Act in respect of the functions of observers, including regulations—
i: authorising the chief executive to determine the amount payable in individual cases within the minimum and maximum amounts or rates prescribed in the regulations:
ii: prescribing different amounts or rates in respect of different areas or classes of vessels:
iii: specifying the period in respect of which fees and charges are payable, which period may begin when the observer is available to board the vessel concerned while it is waiting in port:
iv: specifying the method by which the amount payable in any case is to be determined: .