1: Title
This Act is the Education (Tertiary Education and Other Matters) Amendment Act 2018.
2: Commencement
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 Education Act 1989 principal Act 2018-03-30 Education Act 1989
1: Amendments to principal Act relating to international and domestic school students
4: Section 2 amended (Interpretation)
In section 2(1) contract of enrolment
5: Section 4 amended (Enrolment of international students)
1: In section 4(2) section 4B and to subsections (3) and (4) sections 4B and 13A (2A)
2: After section 4(2)
2A: If an international student’s conduct is in breach of the contract of enrolment, the board of the school may take appropriate disciplinary action against the student.
2B: For the purposes of subsection (2A) section 238F
6: Cross-heading above section 13 amended
In the cross-heading above section 13 of domestic
7: Section 13 amended (Purpose)
In section 13 of a student of a domestic student
8: New section 13A inserted (Application of sections 14 to 18AA)
After section 13
13A: Application of sections 14 to 18AA
Sections 14 to 18AA
2: Amendments to principal Act and other enactment relating to tertiary education
9: Section 159 amended (Interpretation)
1: In section 159(1) community tertiary education provider section 232AA educational outcome
a: a qualification listed on the Qualifications Framework; or
b: an award that recognises the successful completion of a training scheme; or
c: recognition for successfully meeting the learning outcomes of a standard listed on the Directory of Assessment Standards record of achievement
2: In section 159(1) tertiary education provider (for example, community education providers)
10: Section 159E amended (Charging)
In section 159E subsections (3) to (7)
3: The Commission may charge an organisation a fee relating to the cost of the Commission investigating whether the organisation has breached or is breaching a condition subject to which the organisation was given funding approval under section 159YA section 159ZC
4: However, the Commission may charge a fee under subsection (3)
5: In reaching a decision on whether to charge an organisation a fee under subsection (3)
a: the nature and seriousness of the breach; and
b: the effect that a fee would have on the operation, long-term viability, and performance of the organisation.
6: The Governor-General may, by Order in Council, on the recommendation of the Minister made in accordance with subsection (7)
a: prescribing the criteria against which the Commission must assess a breach to determine the nature and seriousness of the breach for the purposes of subsection (5)
b: prescribing the criteria against which the Commission must assess a proposed fee to determine, for the purposes of subsection (5)
c: specifying the maximum percentage or proportion of the cost incurred by the Commission in its investigation that may be charged as a fee by the Commission under subsection (3)
7: Before making a recommendation under subsection (6)
11: Section 159M amended (Restrictions on design of funding mechanisms)
In section 159M section 159L or in varying a determination under section 159OA
12: New section 159OA inserted (Variation of determination of design of funding mechanisms)
After section 159O
159OA: Variation of determination of design of funding mechanisms
1: After the Commission has implemented, or started to implement, the funding mechanisms under section 159O
2: The Minister may only vary a determination—
a: if it is reasonably necessary to do so; and
b: by making changes in relation to the matters mentioned in section 159L(2) and (3)
3: Before deciding to vary a determination, the Minister must consult—
a: all organisations that would be affected by a variation that the Minister proposes; and
b: all other persons and organisations that the Minister considers ought to be consulted.
4: However, the Minister is not required to consult under subsection (3)
5: If the Minister varies a determination, an organisation affected by the variation must—
a: consider whether any amendments are needed to its plan as a result of the variation; and
b: if it considers that a significant amendment is needed to its plan, or that its plan needs to be replaced, ask the Commission to approve the significant amendment to, or the replacement of, its plan under section 159YK
6: If the Minister varies a determination and, as a result of the variation, the Commission must attach new conditions to funding under a funding mechanism,—
a: the Commission must attach the new conditions to any funding approval that it has given under that funding mechanism; and
b: the Commission must notify any affected organisation of the attachment of the new conditions to the organisation’s funding approval; and
c: the new conditions take effect on the date on which the affected organisation is so notified.
7: If the Minister varies a determination, the variation takes effect on a date specified by the Minister that must be no earlier than whichever is the later of the following:
a: the day that is 3 months after the date on which the Minister varies the determination:
b: the beginning of the calendar year after the calendar year during which the Minister varies the determination.
13: Section 159U amended (Exemption from requirement to submit proposed plan)
After section 159U(3)
4: If the Commission exempts an organisation under subsection (1), the Commission may fund that organisation under section 159ZC as if it were an organisation for which a funding mechanism provides for funding other than via plans.
14: Section 159YC amended (Conditions on receiving funding under section 159YA)
1: In section 159YC(2)(b) will be achieved ; or
2: After section 159YC(2)(b)
c: conditions that the Commission considers reasonably necessary to enable the Commission to effectively monitor the performance of organisations and the tertiary education sector generally.
3: After section 159YC(2)
2A: If the Commission intends to give funding approval subject to a condition of the type described in subsection (2)(c)
a: give the affected organisation at least 21 days’ notice of the proposed condition; and
b: consider any submissions on the proposed condition made by the organisation.
15: Section 159YD amended (Accountability for funding received under section 159YA)
In section 159YD(1) (other than an institution)
16: Section 159YE amended (Expiry of funding approval)
In section 159YE(2) revoked or withdrawn
17: Section 159YG amended (Commission may suspend or revoke funding given under section 159YA)
1: In the heading to section 159YG or revoke , revoke, or withdraw
2: After section 159YG(5)
6: The Commission may withdraw some or all funding given under section 159YA at the written request of the organisation to which the funding has been given.
7: If the Commission withdraws some or all funding under subsection (6)
18: Section 159YI amended (Effect of suspending or revoking funding given under section 159YA)
1: In the heading to section 159YI or revoking , revoking, or withdrawing
2: In section 159YI(2) revoking or withdrawing
3: In section 159YI(2)(b) revoked or withdrawn
19: Section 159YK amended (Organisation may seek approval for significant amendment, or replacement, of plan)
1: In section 159YK(2) plan if the organisation considers that the criteria for significant amendment to a plan or the criteria for replacement of a plan are satisfied
2: After section 159YK(2)
2A: The Commission must—
a: set the criteria for significant amendment to a plan; and
b: set the criteria for replacement of a plan; and
c: publish those criteria in the Gazette
3: In section 159YK(7) it if the Commission considers that the criteria for significant amendment to a plan or the criteria for replacement of a plan are satisfied
20: Section 159ZE amended (Accountability for funding received under section 159ZC)
In section 159ZE(1) (other than an institution)
21: Section 159ZF amended (Commission may suspend or revoke funding given under section 159ZC)
1: In the heading to section 159ZF or revoke , revoke, or withdraw
2: After section 159ZF(4)
5: The Commission may, at the written request of an organisation, withdraw some or all payment, or any or all further payments, of any funding given to the organisation under section 159ZC.
6: If the Commission withdraws funding under subsection (5)
22: Section 167 replaced (Affixing of council’s common seal)
Replace section 167
167: Common seal
1: An institution may have a common seal if its council adopts one by statute.
2: A council may, by statute,—
a: specify the type or class of documents that may be executed by affixing the common seal to them; and
b: specify the type or class of documents that may be executed only by affixing the common seal to them; and
c: specify any member or members of the council, and any member or members of the staff of the institution, who may countersign documents (or a specified type or class of documents) to which the common seal is affixed.
3: The common seal of an institution must be judicially noticed in all courts and for all purposes.
23: New section 167A inserted (Method of contracting)
After section 167
167A: Method of contracting
1: An institution may enter into a contract or other enforceable obligation as provided in this section.
2: An obligation that, if entered into by an individual, is required to be entered into by deed may be entered into by the council in writing, signed under the name of the institution by 2 or more members of the council.
3: An obligation that, if entered into by an individual, is required to be entered into in writing may be entered into by the council in writing, signed by 1 person or more than 1 person acting under the institution’s express or implied authority.
4: An obligation that, if entered into by an individual, is not required to be entered into in writing may be entered into by the council in writing or orally by a person acting under the institution’s express or implied authority.
5: This section applies to a contract or other enforceable obligation—
a: whether or not that obligation was entered into in New Zealand; and
b: whether or not the law governing that obligation is the law of New Zealand.
24: Section 176 amended (Casual vacancies)
In section 176(2) 3 6
25: Section 178 amended (Meetings of councils)
After section 178(4)
4A: Meetings may be held by means of audio, audio and visual, or electronic communication if—
a: each member who wishes to participate in the meeting has access to the technology needed to participate in the meeting; and
b: a quorum of members can simultaneously communicate with each other throughout the meeting.
4B: If a meeting is held in accordance with subsection (4A)
26: New sections 201C to 201E inserted
After section 201B
201C: Council may establish common fund
1: This section and sections 201D and 201E
2: The council of an institution may—
a: establish a common fund; and
b: subject to subsections (3) and (4)
3: If the council has in its possession trust funds of a trust of which the council is a co-trustee, the council may only invest those trust funds in the common fund with the consent of all the other co-trustees.
4: The council may not invest trust funds in the common fund if this would be inconsistent with the terms of any trust instrument governing the investment of the trust funds.
201D: Investment of funds held in common fund
1: The council may invest funds that are held in a common fund only in accordance with the provisions of the Trustee Act 1956
2: Investments of funds held in a common fund must not be made on account of, and do not belong to, any particular trust, but the council must, at all times, maintain an account showing the entitlement of each trust in the common fund.
3: If trust funds are invested in a type or class of investment in which the common fund may be invested, the council may transfer that investment to the common fund and, if it does so,—
a: the investment ceases, at the time of transfer, to belong to the trust that held the investment; and
b: the council must give credit in the common fund to the trust for the fair market value of the investment at the time of transfer.
4: Any profit or loss upon the realisation of any investment in a common fund is to be credited or debited to the common fund.
201E: Income and capital of common fund
1: Each financial year, the council must—
a: pay or allocate the income from the common fund to the trusts entitled to the amounts invested in the common fund—
i: in proportion to the value of their respective interests in the common fund; and
ii: at a uniform rate determined by the council; and
b: hold the capital of the common fund on behalf of the trusts entitled to the amounts invested in the common fund in proportion to the value of their respective interests in the common fund; and
c: hold any income that is not paid or allocated to trusts, and any capital that is not held on behalf of trusts, in a reserve fund separate from other trust funds.
2: The council may apply funds held in the reserve fund, including any income derived from investments of the reserve fund, for any of the following purposes:
a: augmenting the capital of the common fund:
b: reinstating any losses of capital in the common fund:
c: increasing or supplementing the income paid or allocated to trusts that have interests in the common fund.
3: The council may withdraw any amount from the common fund to the credit of a trust that has an interest in the common fund—
a: for the purpose of investing the amount on a separate account for the trust; or
b: for any other purpose relating to the exercise and discharge of its duties, powers, authorities, and functions.
4: If any amount is withdrawn from the common fund to the credit of a trust that has an interest in the common fund,—
a: that amount may, at the discretion of the council, be paid or provided in cash or rateably in investments, or partly in cash and partly rateably in investments; and
b: as from the date of its withdrawal, the trust has no claim on the fund in respect of the amount, whether for interest or otherwise.
5: The council—
a: may charge a reasonable fee, payable out of the income received by the common fund, for services provided by the council in relation to the administration or management of the common fund; and
b: must publish the amount of any such fee, and the method by which the fee is calculated or applied (and any change to that method), in the annual report.
27: Section 220 amended (Annual report)
After section 220(2B)
2C: A statement of service performance under subsection (2A)(f) must be prepared in accordance with generally accepted accounting practice, within the meaning of section 8 of the Financial Reporting Act 2013
28: Section 227A amended (Ministerial direction to institutions relating to compulsory student services fees)
Replace section 227A(1)(d)
d: requires the institution or institutions to include the following information in the institution’s annual report (under section 220
i: a description of the services funded out of the student services fee:
ii: a statement of the fee income and expenditure for each type of student service:
iii: the student services fee expressed as an amount payable per student:
iv: a statement describing how the institution has complied with any requirement to hold fees in a manner specified in a direction given under paragraph (b)
e: requires the institution or institutions to publish information about the following matters on an Internet site maintained by the institution:
i: the student services fee expressed as an amount payable per student:
ii: the arrangements that the institution has established for decisions to be made jointly or in consultation with students or their representatives in accordance with paragraph (c)
iii: how students can participate in the process of joint decision making or consultation mentioned in paragraph (c)
29: New section 232AA and cross-heading inserted
After section 232 Recognition of community tertiary education provider
232AA: Minister may recognise community tertiary education provider
1: The Minister may, by notice in the Gazette
2: The Minister must, by notice in the Gazette
30: Section 235 amended (Refund entitlements of domestic students)
After section 235(1)
1A: A private training establishment must—
a: allow every domestic student enrolled for a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by the Authority; and
b: refund to every domestic student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the programme or training scheme.
31: Section 235D amended (Ministerial direction to registered private training establishments relating to compulsory student services fees)
Replace section 235D(1)(d)
d: requires the establishment or establishments to provide each year to students a written report including the following information:
i: a description of the services funded out of the student services fee:
ii: a statement of the fee income and expenditure for each type of student service:
iii: the student services fee expressed as an amount payable per student:
iv: a statement describing how the establishment has complied with any requirement to hold fees in a manner specified in a direction given under paragraph (b)
e: requires the establishment or establishments to publish information about the following matters on an Internet site maintained by the establishment:
i: the student services fee expressed as an amount payable per student:
ii: the arrangements that the establishment has established for decisions to be made jointly or in consultation with students or their representatives in accordance with paragraph (c)
iii: how students can participate in the process of joint decision making or consultation mentioned in paragraph (c)
32: Section 238I amended (Purpose and administration of export education levy)
1: In section 238I(1A)(a) establishment or a private school
2: In section 238I(1A)(b) 18 , or the private school held a current registration under section 35A
3: In section 238I(1A)(c) establishment or private school
4: In section 238I(1B)(a), (b), and (c)(ii) establishment or private school
33: Cross-heading above section 253C replaced
Replace the cross-heading above section 253C Use of certain terms in name or description of registered establishment or wananga
34: Section 253C amended (Minister may consent to registered establishments using certain terms in their names)
1: Replace the heading to section 253C Minister may consent to use of certain terms in name or description of registered establishment or wananga
2: Repeal section 253C(1)
3: Replace section 253C(2)
2: A registered establishment may apply to the Minister for consent to describe itself using the term university, college of education, polytechnic, or institute of technology.
2A: A wananga may apply to the Minister for consent to describe itself using the term university, college of education, polytechnic, or institute of technology.
4: In section 253C(3) and (4) (2) or (2A)
5: In section 253C(3)(b) Authority and from the Commission
6: In section 253C(3)(d) appropriate ; and
7: After section 253C(3)(d)
e: in the case of a wananga, consult with such persons or bodies who are knowledgeable in āhuatanga Māori (Māori tradition) and tikanga Māori (Māori custom) within a kaupapa Māori pedagogy as the Minister considers appropriate.
8: Replace section 253C(5)
5: The Minister may grant consent under subsection (2) or (2A)
a: ensure that students, employers, and members of the public are adequately informed of the legal status or characteristics of the registered establishment or wananga to which the consent is granted; and
b: ensure adequate protection of the quality and reputation of the institutions that may use the term without applying to do so; and
c: protect the interests of the tertiary education system and the nation as a whole.
5A: The Minister may, at any time, carry out a review of a registered establishment or wananga to assess whether it is continuing to comply with any conditions subject to which it was granted consent under subsection (2) or (2A)
9: In section 253C(6) If , having regard to a review carried out under subsection (5A)
10: In section 253C(6) establishment or wananga
11: In section 253C(6) requirements for consent to use the term for which consent has been given conditions subject to which it was granted consent under subsection (2) or (2A)
35: Section 292 amended (Offences relating to use of certain terms)
In section 292(1)(a)(ii), (b)(ii), (c)(ii), and (d)(ii) registered establishment or wananga
36: Section 292C amended (Offence to issue false qualifications and falsify records)
1: Replace section 292C(3)
3: A person commits an offence if the person—
a: enters or changes an educational outcome on a student’s record of achievement, knowing that or being reckless as to whether the entry or change has the effect of falsifying the student’s record; or
b: fails to enter an educational outcome on a student’s record of achievement, knowing that or being reckless as to whether the omission has the effect of falsifying the student’s record; or
c: without reasonable excuse or lawful authority, causes an entry or a change to be made on a student’s record of achievement that has the effect of falsifying the student’s record.
2: In section 292C(4) against this section under subsection (2)
3: After section 292C(4)
5: A person who commits an offence under subsection (1) or (3)
37: New Part 5A of Schedule 1 inserted
In Schedule 1, after Part 5 Part 5A Schedule 1
38: Consequential amendment
Amend the enactment specified in Schedule 2 2018-03-30 Public Bodies Contracts Act 1959


1: Title
This Act is the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General provisions
3: Purpose of this Act
The purpose of this Act is to reduce prejudice, stigma, and all other negative effects, arising from a conviction for a historical homosexual offence by—
a: enabling an application for expungement of the conviction to be made under this Act by an eligible person (before that person’s death) or a representative (after the eligible person’s death); and
b: expunging the conviction if the Secretary’s decision on the application is that, on the balance of probabilities, the conviction meets the test for expungement.
4: Interpretation
In this Act, unless the context otherwise requires,— controlling public office section 4 convicted person criminal record
a: charges that result in the conviction; and
b: the conviction as entered (including any item on a list of previous convictions); and
c: sentences imposed or other dispositions of the case (including any item on a list of previous sentences); and
d: orders that, as a result of the conviction, are imposed on, or made in respect of, the convicted person or any other offender eligible person expunged conviction
a: means a conviction that—
i: has been expunged under section 8
ii: has not ceased to be an expunged conviction under section 20
b: in section 9 government department a public service agency as defined in section 5 historical homosexual offence historical offence section 5 including law enforcement agency
a: an agency that holds, or has access to, information described in Schedule 4
b: the Ministry of Business, Innovation, and Employment, the Inland Revenue Department, and the New Zealand Customs Service legal proceeding
a: a proceeding conducted by a court, or by a person acting judicially; and
b: any interlocutory or other application to a court, or to a person acting judicially, and connected with that proceeding officer post public record section 4 representative
a: the executor, administrator, or trustee of, acting on behalf of, the estate of the convicted person:
b: a spouse, civil union partner, or de facto partner, of the convicted person:
c: a parent, sibling, or child, of the convicted person:
d: a person who the Secretary has decided under section 16 see also section 15(2) Secretary Section 4 government department amended 7 August 2020 section 135 Public Service Act 2020 Section 4 law enforcement agency amended 1 December 2020 section 217 Privacy Act 2020
5: Historical homosexual offence defined
1: In this Act, unless the context otherwise requires, historical homosexual offence historical offence
a: on or after 4 August 1908 (which is the date on which the Crimes Act 1908
b: before 8 August 1986 (which is the date on which the Homosexual Law Reform Act 1986
2: The relevant repealed sections are—
a: section 141
b: section 142
c: section 146
d: section 153 (unnatural offence) of the Crimes Act 1908
e: section 154 (attempt to commit unnatural offence) of the Crimes Act 1908
3: The definition in subsection (1) applies regardless of whether the offence was committed in all or any of the following ways (if applicable):
a: as any, or the only, principal offender for the offence, or as a party to the offence:
b: as an attempt to commit the offence (unless the offence is itself specified as, or provides it may be completed on, an attempt):
c: by way of a conspiracy to commit the offence (alone, or with 1 or more other offences):
d: by being an accessory after the fact in relation to the offence.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Expungement of convictions
Test for, and effects of, expungement
8: Test for expungement
1: A conviction for a historical offence is expunged if—
a: an application for expungement of the conviction is made under this Act by an eligible person or a representative ( see sections 15 16
b: the Secretary’s decision on the application is that, on the balance of probabilities, the conviction meets the test for expungement ( see section 19
2: The test is that the conduct constituting the offence, if engaged in when the application was made, would not constitute an offence under the laws of New Zealand.
9: General effects of expungement
Expungement has effects set out in this section
1: If a conviction for a historical offence is an expunged conviction, its expungement has, for the purposes of the laws of New Zealand, the effects set out in this section. Criminal history questions are taken not to refer to expunged conviction
2: A question about the convicted person’s criminal history (including one put in a legal proceeding and required to be answered under oath or affirmation) is to be taken not to refer to any expunged conviction, but to refer only to any conviction that the person has that is not expunged. Convicted person is not required to disclose expunged conviction
3: The convicted person is not required to disclose to any other person for any purpose (including when giving evidence on oath or affirmation in a legal proceeding) information concerning any expunged conviction. Enactments and arrangements do not apply to expunged conviction
4: In the application to the convicted person of an enactment or arrangement (including an agreement, contract, deed, or trust),—
a: a reference to a conviction, however expressed, is to be taken not to refer to any expunged conviction; and
b: a reference to the convicted person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of any expunged conviction. Status cannot be refused or revoked on ground of expunged conviction
5: Any expunged conviction, or the non-disclosure of any expunged conviction, is not a proper ground for—
a: refusing the convicted person any appointment, post, status, or privilege; or
b: revoking any appointment, status, or privilege held by the convicted person, or dismissing the convicted person from any post.
6: The fact that a refusal, revocation, or dismissal of that kind occurred, solely on account of that conviction, before the conviction became an expunged conviction is not a proper ground for a refusal, revocation, or dismissal, solely on account of that conviction, occurring after the expungement. Expungement does not authorise or require destruction of criminal records
7: Expungement of a conviction neither authorises, nor requires, destruction of criminal records of the expunged conviction. Sentencing Act 1991 s 105J (Vict)
10: Relationship with other laws
1: This Act does not limit or affect the application to the convicted person of the Criminal Records (Clean Slate) Act 2004
2: This Act does not limit or affect the application to the convicted person of the Royal prerogative of mercy.
3: This Act does not limit or affect the convicted person’s rights under the Privacy Act 2020 2002 No 9 s 144 2004 No 36 s 21(3) Section 10(3) amended 1 December 2020 section 217 Privacy Act 2020
11: Duties of controlling public offices that hold criminal records
1: This section applies to the chief executive of a controlling public office that holds, or has access to, criminal records.
2: The chief executive must take all reasonable steps to ensure that the office, and any employee or contractor of the office,—
a: conceals criminal records of an expunged conviction when requests are made for their disclosure other than as authorised under section 13(3)
b: does not use criminal records of an expunged conviction other than for a purpose authorised under section 13(3)
3: The reasonable steps include the development of policies and procedures. 2004 No 36 s 15
12: Effect of expungement on requests to disclose, and use of, criminal records
1: This section applies to a controlling public office, or any officer, employee, or contractor of a controlling public office, that holds, or has access to, criminal records.
2: The office, officer, employee, or contractor, in responding to a request for the disclosure of a convicted person’s criminal record or any information about a convicted person’s criminal record, must not disclose the criminal record of an expunged conviction other than as authorised under section 13(3)
3: The office, officer, employee, or contractor is not entitled to use criminal records of an expunged conviction other than for a purpose authorised under section 13(3) 2004 No 36 s 16
13: Offence to unlawfully disclose information required to be concealed
1: This section applies to a person who—
a: is an officer, employee, or contractor of a controlling public office, government department, or law enforcement agency; and
b: has access to criminal records that are held by, or accessible to, the office, department, or agency.
2: The person commits an offence if the person—
a: discloses to any person, body, or agency the criminal record, or information about the criminal record, of an expunged conviction other than as authorised under subsection (3); and
b: discloses that record or that information knowing that the person does not have, or being reckless as to whether or not the person has, lawful authority under subsection (3).
3: Subsection (2) does not apply to or prevent disclosure of the criminal record, or information about the criminal record, and that is all or any of the following:
a: any disclosure or communication of (or of information about) criminal records of an expunged conviction, when the convicted person expressly requests the convicted person’s criminal history, including any expunged conviction of the convicted person, be disclosed directly to the convicted person under the Privacy Act 2020 section 10(3)
b: any research, or publication, that relates to historical offences, expunged convictions, or both, and that is anonymised (because it does not identify, and is not likely to lead to the identification of, any person who has an expunged conviction):
c: any disclosure or communication of (or of information about) criminal records of expunged convictions, when those criminal records are classified as open access records, and made available for inspection by members of the public, publication, or copying, under the Public Records Act 2005
d: any disclosure or communication necessary or desirable for the administration of this Act (including for recording in criminal records that a conviction has become an expunged conviction).
4: A person who commits an offence against subsection (2) is liable on conviction to a fine not exceeding $20,000. 2004 No 36 s 17 Section 13(3)(a) amended 1 December 2020 section 217 Privacy Act 2020
14: Offence to require or request that individual disregard expungement
1: A person commits an offence if the person requires or requests that an individual—
a: disregard the effect of expungement under this Act when answering a question about the individual’s criminal history, or disclosing information concerning any convictions of the individual, or both; or
b: disregard the effect of expungement under this Act and disclose, or give consent to the disclosure of, any criminal records of an expunged conviction of the individual that are or may be disclosed to the individual under the Privacy Act 2020 section 10(3)
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000. 2004 No 36 s 18 Section 14(1)(b) amended 1 December 2020 section 217 Privacy Act 2020 Process for making and deciding application
15: Application for expungement
1: An application for expungement of a conviction for a historical offence may be made by—
a: an eligible person (before that person’s death); or
b: a representative (after the eligible person’s death).
2: A representative section 16
3: The application—
a: must be made in the form and manner (if any) approved by the Secretary; and
b: may include a request under section 16 see
c: must include any supporting information, and supporting submissions, the eligible person or representative wishes the Secretary to consider.
4: Nothing in this Act prevents a person (including an agent, a donee of an enduring power of attorney, or a welfare guardian) from acting under this Act on behalf of an eligible person or a representative.
16: Request to represent deceased convicted person
1: This section applies to a conviction for a historical offence if the convicted person has died and a person wishes to make an application for expungement of the conviction as a representative under paragraph (d) of the definition of that term in section 4
2: The person may, by a written request made to the Secretary, ask the Secretary to decide that the person can represent the convicted person for an application for expungement of the conviction.
3: If a person makes a request under this section, the Secretary must decide as soon as is reasonably practicable whether the person can represent the convicted person for an application for expungement of the conviction.
4: The Secretary’s decision must be based on whether the representation concerned would be in the interests of the deceased convicted person.
5: The decision must be in writing copied promptly to the requester.
17: Further documents, things, or information
1: This section applies if, in making a decision under section 16 19 20
a: is necessary to enable the Secretary to make the decision; and
b: is not available to the Secretary, but is, or may be, in the possession of, under the control of, or available from, a person; and
c: is unlikely to be able to be obtained by the Secretary through any means other than a notice under this section.
2: The Secretary may, by written notice given to the person, seek from the person all or any of the following:
a: access to, or a copy, duplicate, or reproduction of, or extract from, any document or thing that is or may be relevant to, or to specified aspects of, the decision:
b: information or further information (including written evidence given on oath or affirmation and by affidavit) that is or may be relevant to, or to specified aspects of, the decision.
18: Offence to fail or refuse to comply with notice
1: A person (other than one specified in subsection (2)) commits an offence if the person, without reasonable excuse,—
a: fails to produce, or to allow access to, or copying, duplication, or reproduction of, or the taking of extracts from, any document or thing, as required by a notice under section 17
b: refuses to give information, or further information, or to be sworn or to affirm and give evidence, as required by a notice under section 17
2: Subsection (1) does not apply to the eligible person or representative, or to an officer, employee, or contractor of a controlling public office, government department, or law enforcement agency, that holds, or has access to, criminal records.
3: Every person who commits an offence against subsection (1)(a) or (b) is liable, on conviction, to a fine not exceeding $1,000. 1999 No 10 s 8 2013 No 60 ss 29(1)(b), (c), (2) 30
19: Secretary decides application
1: The Secretary must decide an application for expungement by making, in accordance with section 8
2: The decision must be copied promptly to the eligible person or representative and, if it is to the effect that the conviction does not meet the test for expungement, must include written reasons for that decision.
20: Reconsideration of decisions
1: The Secretary may reconsider a decision made under section 16 19
2: The power to reconsider may be used on all or any of the following grounds:
a: further relevant information has become available to the Secretary since the decision was made:
b: the decision was made on an application that included, or was supported by, all or any of the following:
i: false or misleading information:
ii: documents that are false or misleading:
c: any other grounds that the Secretary is satisfied make it, or may make it, necessary or desirable to reconsider the decision.
3: The Secretary may appoint an independent reviewer to assist with a reconsideration.
4: The Secretary may, as a result of the reconsideration, confirm, reverse, or modify the decision (and section 19(2)
5: A conviction that, as a result of a reconsideration decision, is no longer an expunged conviction ceases to be an expunged conviction on and from the date of the reconsideration decision. Spent Convictions Act 2000 s 19G (ACT); Criminal Records Act 1991 s 19I (NSW)
21: Evidence, independence, and process
In making a decision under section 16 19 20
a: may receive as evidence any statement, document, information, or matter that, in the Secretary’s opinion, may help the Secretary to make the decision, whether or not it would be admissible in a court of law; and
b: must act independently; and
c: must decide on the papers, unless the Secretary considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice. 2011 No 4 s 71(2) 2013 No 60 s 19(a) 2016 No 48 s 169(5)
22: Protection for person providing information
No person who provides information in, or in support of, an application or request under this Act is criminally or civilly liable for the action of providing the information if that action—
a: was taken in good faith; and
b: was reasonable in the circumstances. 2009 No 35 s 77 No entitlement to compensation
23: No entitlement to compensation
1: A person who has an expunged conviction is not entitled to compensation of any kind, on account of that conviction becoming an expunged conviction, in respect of the fact that the person—
a: was charged with, or prosecuted for, the offence; or
b: admitted committing or pleaded guilty to, or was found to have committed, was convicted of, was sentenced for, or had an order or a direction made against the person for, the offence; or
c: served a sentence for, or complied with an order or a direction made against the person because of committing, the offence; or
d: was required to pay a fine or other money (including costs or any amount by way of restitution or compensation) on account of committing, or being convicted of, or sentenced for, the offence; or
e: incurred any loss, or suffered any consequence (including being sentenced, or otherwise dealt with, as an offender, or as a repeat offender, of any kind), as a result of any circumstance referred to in paragraph (a), (b), (c), or (d); or
f: has an expunged conviction.
2: Nothing in subsection (1) prevents a person being entitled to compensation in respect of anything that occurred while the person was serving a sentence or complying with an order or a direction. Sentencing Act 1991 s 105S (Vict) Consequential amendments
24: Amendments to Criminal Records (Clean Slate) Act 2004
1: This section amends the Criminal Records (Clean Slate) Act 2004 principal Act
2: Amend the principal Act as indicated in Schedule 2 2018-04-10 Criminal Records (Clean Slate) Act 2004


1: Title
This Act is the Appropriation (2016/17 Confirmation and Validation) Act 2018.
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 confirm and validate matters relating to the 2016/17 financial year; and
b: to validate a matter relating to the 2015/16 financial year.
4: Interpretation
1: In this Act,— 2015/16 financial year 2016/17 financial year
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989 2016/17 financial year
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2017 2018-05-08 Public Finance (Transfers Between Outputs) Order 2017 To be confirmed — see LI 2015/146 for a sample.
6: Confirmation of expenses incurred in excess of existing appropriations and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1
3: The amounts of the approved expenses are shown in column 4 of Schedule 1
7: Validation of unappropriated expenses and capital expenditure for 2016/17 financial year
1: The incurring of expenses or capital expenditure by a department in the circumstances set out in subsection (2), (3), (4), or (5) is validated for the purposes of section 26C
2: The circumstances in this subsection are that,—
a: for the 2016/17 financial year, the department incurred expenses in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 2
b: the expenses referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.
3: The circumstances in this subsection are that,—
a: for the 2016/17 financial year, the department incurred expenses, not within the scope of any existing appropriation, against the categories of expenses set out in column 3 of Schedule 3
b: the expenses referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.
4: The circumstances in this subsection are that,—
a: for the 2016/17 financial year, the department incurred capital expenditure, not within the scope of any existing appropriation, against the categories of capital expenditure set out in column 3 of Schedule 4
b: the capital expenditure referred to in paragraph (a) was incurred under the authority of an Imprest Supply Act.
5: The circumstances in this subsection are that,—
a: for the 2016/17 financial year, the department incurred expenses in advance of the appropriations set out in column 3 of Schedule 5
b: the expenses referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.
6: In this section,— capital expenditure Schedule 4 department Schedule 2 3 4 5 expenses Schedule 2 3 5
8: Validation of unauthorised capital injection for 2016/17 financial year
1: The making of the capital injection set out in subsection (2) is validated for the purposes of section 26CA
2: The capital injection is the capital injection of $2,050,000 that—
a: was made to the Department of Conservation in the 2016/17 financial year; and
b: was made without authority under an Appropriation Act; and
c: was not made under the authority of an Imprest Supply Act. 2015/16 financial year
9: Validation of unappropriated expenses for 2015/16 financial year
1: The incurring of expenses by the Department of Internal Affairs in the circumstances set out in subsection (2) is validated for the purposes of section 26C
2: The circumstances are that,—
a: for the 2015/16 financial year, the Department of Internal Affairs incurred expenses of $2,584,000 for Vote Internal Affairs against the category of non-departmental other expenses “Members of the Executive - Travel”; and
b: the expenses referred to in paragraph (a)—
i: were not within the scope of any existing appropriation; and
ii: were not incurred under the authority of an Imprest Supply Act.


1: Title
This Act is the Brokering (Weapons and Related Items) Controls Act 2018.
2: Commencement
1: The following provisions come into force on 1 February 2019:
a: Part 1
b: subparts 2 3
c: sections 36 to 42
2: The rest of this Act comes into force on 1 June 2019.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: regulate the brokering of weapons and related items; and
b: support New Zealand’s commitments under the Arms Trade Treaty.
4: Application
1: This Act applies to any brokering activity that is carried out—
a: in any place (including any brokering activity that is carried out wholly or partially outside New Zealand) and by a person—
i: who is in New Zealand; or
ii: who is a New Zealand citizen or ordinarily resident in New Zealand; or
iii: that is an entity incorporated or registered under the law of New Zealand; or
b: wholly or partially on board a ship or an aircraft described in section 36(1)(b)
2: See sections 11 36
5: Interpretation
1: In this Act, unless the context otherwise requires,— Arms Trade Treaty broker subpart 2 brokering activity section 6 department section 2(1) dual-use goods
a: that may have a civilian use but that are intended for military end-use or that may have a military application; and
b: that fall within a specified category equivalent overseas regime section 7 goods
a: has the meaning given in section 5(1)
b: includes documents (within the meaning of section 5(1) military end-use
a: incorporation into military items that fall within a specified category; or
b: use, production, or testing of equipment and components for the development, production, or maintenance of military items that fall within a specified category; or
c: use of any unfinished products for the production of military items that fall within a specified category Minister ordinarily resident in New Zealand section 4 permit subpart 3 prohibited use
a: the development, production, or deployment of nuclear, chemical, or biological weapons or their means of delivery:
b: military end-use:
c: use as parts or components of military items that fall within a category of the strategic goods list that is specified for the purposes of the definition of military end-use Secretary specified category dual-use goods military end-use strategic goods list section 96 weapon or related item
2: The Secretary may, by notice
3: A notice under subsection (2) 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: LA19 ss 73 74(1)(a) cl 14 •	publish it in the Gazette •	publish it on a website maintained by, or on behalf of, the Secretary 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 5(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
6: Meaning of brokering activity
In this Act, brokering activity
a: means arranging, facilitating, or negotiating a transaction that involves the international transfer of weapons or related items from a place outside New Zealand to another place outside New Zealand; and
b: includes,—
i: in relation to a transaction described in paragraph (a), acting as an agent for a person involved in the transaction or as an intermediary between 2 or more persons involved in the transaction; and
ii: acquiring or storing weapons or related items in a place outside New Zealand for the purpose of transferring the weapons or related items to any person outside New Zealand; but
c: does not include the provision of any service that is merely ancillary to an activity described in paragraph (a) or (b) (for example, the provision of administrative, customs broking, or financial services in relation to weapons or related items).
7: Meaning of equivalent overseas regime
In this Act, an overseas regime that regulates brokering activity, or that imposes export controls in relation to weapons or related items, is an equivalent overseas regime
a: substantially the same as the regime under this Act; or
b: sufficiently equivalent, in relation to the regulation of brokering activity in accordance with the Arms Trade Treaty, to the regime under this Act.
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
9: Act binds the Crown
This Act binds the Crown.
2: Brokering activity, registration, and permits
1: Main requirements and offences relating to brokering activity
10: Registration and permit required for brokering activity
A person must not carry out a brokering activity unless the person—
a: is registered as a broker; and
b: has a permit for the activity.
11: Exceptions to requirements for registration and permit
1: Section 10
a: who carries out a brokering activity in relation to a weapon or related item that is dual-use goods; and
b: who, before the person carries out the brokering activity, has taken reasonable steps to ensure that the dual-use goods will not be used for a prohibited use.
2: Section 10
a: who carries out a brokering activity from a place outside New Zealand; and
b: who complies with an equivalent overseas regime in relation to the brokering activity.
3: Section 10 section 10
4: Section 10
12: Offence to carry out brokering activity without registration or permit
1: A person commits an offence if—
a: the person carries out a brokering activity in breach of section 10
b: none of the exceptions described in section 11
c: at the time that the person carries out the activity, the person knows or ought to know that (except in some circumstances) a person must not carry out a brokering activity unless the person—
i: is registered as a broker; and
ii: has a permit for the activity.
2: It may be presumed, in the absence of any evidence to the contrary, that an exception described in section 11
3: The prosecutor need not assert, in a charging document relating to an offence against subsection (1), that an exception described in section 11
4: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 5 years or a fine not exceeding the amount described in subsection (5), or both:
b: in any other case, to a fine not exceeding the amount described in subsection (5).
5: The maximum amount of the fine is the greater of—
a: $100,000 (in the case of an individual) or $1 million (in any other case); and
b: if a court is satisfied that the offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain.
13: Broker must comply with conditions of registration and permit
A broker must comply with—
a: any conditions of the broker’s registration; and
b: any conditions of a permit held by the broker.
14: Offence to breach conditions of registration or permit when carrying out brokering activity
1: A broker who knowingly or recklessly carries out a brokering activity in breach of section 13
a: in the case of an individual, to a term of imprisonment not exceeding 5 years or a fine not exceeding the amount described in subsection (2), or both:
b: in any other case, to a fine not exceeding the amount described in subsection (2).
2: The maximum amount of the fine is the greater of—
a: $100,000 (in the case of an individual) or $1 million (in any other case); and
b: if a court is satisfied that the offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain.
15: Offence to breach conditions of registration or permit other than in course of carrying out brokering activity
A broker who, without reasonable excuse and other than in the course of carrying out a brokering activity, breaches section 13
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or a fine not exceeding $10,000, or both:
b: in any other case, to a fine not exceeding $20,000.
2: Registration of brokers
16: Application for registration
1: A person may apply to the Secretary for registration as a broker.
2: The application must be made in accordance with section 38
17: Criteria for registration
1: The Secretary may register a person as a broker only if the Secretary is satisfied that the person is a fit and proper person.
2: For the purpose of considering whether a person is a fit and proper person, the Secretary may take into account—
a: any conviction for any offence punishable by imprisonment for 12 months or longer, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act; and
b: if the person has been previously registered as a broker, whether the person breached a condition of that registration or whether that registration has been cancelled; and
c: if the person has been given a permit under this Act, whether the person has breached a condition of that permit or whether that permit has been cancelled; and
d: the financial position of the person; and
e: whether the application for registration contains information that is false or misleading; and
f: any other information and evidence (including in relation to any associate of the person) that may be relevant.
3: If the person is a body corporate, subsection (2)(a), (b), and (c) must be read as if it refers to the body corporate and its officers.
4: The Secretary may, for the purposes of subsection (2),—
a: seek and receive any information as the Secretary thinks fit; and
b: consider information obtained from any source.
18: Refusal to register broker
If the Secretary refuses to register a person as a broker, the Secretary must give the person written notice of the refusal and the reasons for it.
19: Registration of broker
If the Secretary approves an application for registration, the Secretary must, as soon as practicable,—
a: give the broker written notice specifying the date on which the registration takes effect and the duration of the registration; and
b: enter the following information on the public register:
i: the broker’s full name and trading name:
ii: the date of registration and the date of its expiry:
iii: any other particulars that may be prescribed in regulations.
20: Secretary may impose conditions on registration
1: The Secretary may impose any conditions on a broker’s registration that are consistent with or for the purpose of—
a: the effective administration of this Act:
b: the security, defence, or international relations of New Zealand:
c: New Zealand’s international obligations.
2: The Secretary may impose the conditions when registering the broker or at any other time.
21: Brokers must provide annual report
1: It is a condition of a broker’s registration that the broker must provide an annual report to the Secretary.
2: The annual report must be provided in the prescribed form and manner and contain the prescribed particulars.
22: Duration of registration
1: A broker’s registration is effective from the date of registration until the earliest of the following:
a: the close of the day that is 3 years after the date of registration:
b: the end of the period specified by the Secretary in the written notice under section 19(a)
c: the cancellation or surrender of the registration.
2: A registration may be renewed by paying the prescribed fee (if any) to the Secretary at any time during the period that the registration is effective.
3: On payment of the prescribed fee, the Secretary may renew the registration for a further period determined by the Secretary (not being longer than 3 years) unless the Secretary is no longer satisfied of the matters set out in section 17
23: Cancellation or surrender of registration
1: The Secretary may, by written notice, cancel a broker’s registration if—
a: the Secretary is no longer satisfied of the matters set out in section 17
b: the broker breaches section 10 13 24 39(1)
2: The cancellation of a broker’s registration takes effect on the date specified by the Secretary in the notice, which must be a date after the date of that notice.
3: A broker may surrender the broker’s registration by written notice to the Secretary.
4: The surrender takes effect on the date specified by the broker in the notice, which must be a date after the date of that notice.
5: If a broker’s registration is cancelled or surrendered, any permit held by the broker under subpart 3 Obligation to keep and produce records and answer questions
24: Brokers must keep and produce records and answer questions
1: A broker must keep any prescribed records for a period of at least 7 years after the end of the calendar year to which the records relate.
2: A broker must, when required,—
a: make the records available to the Secretary or a constable:
b: provide copies of the records to the Secretary or a constable:
c: answer any questions in respect of the records that are asked by the Secretary or a constable.
25: Offence to fail to keep or produce records or answer questions
A broker who, without reasonable excuse, fails to comply with section 24
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or a fine not exceeding $10,000, or both:
b: in any other case, to a fine not exceeding $20,000.
3: Permits for brokering activity
26: Application for permit
1: A broker must apply to the Secretary for a permit to carry out a brokering activity.
2: The application may be for 1 or more transactions.
3: The application must be made in accordance with section 38
27: Criteria for permit
1: The Secretary may give a broker a permit to carry out a brokering activity if, having regard to the prescribed criteria and to any other matters that the Secretary considers appropriate, the Secretary is satisfied that the activity—
a: is consistent with New Zealand’s international obligations; and
b: would not prejudice the security, defence, or international relations of New Zealand.
2: The Secretary may, for the purposes of this section,—
a: seek and receive any information as the Secretary thinks fit; and
b: consider information obtained from any source.
28: Refusal to give permit
If the Secretary refuses to give a broker a permit, the Secretary must give the broker notice of the refusal and the reasons for it.
29: Duration of permit
1: A permit must specify the period, not longer than 3 years, for which the permit is effective.
2: The permit ceases to be effective on the earliest of the following:
a: the end of the period specified in the permit:
b: the cancellation or surrender of the permit:
c: the date on which the broker’s registration ceases to be effective.
30: Secretary may impose conditions on permit
1: The Secretary may impose any conditions on a permit that are consistent with or for the purpose of—
a: the effective administration of this Act:
b: the security, defence, or international relations of New Zealand:
c: New Zealand’s international obligations.
2: The Secretary may impose the conditions when giving the permit to the broker or at any other time.
31: Cancellation or surrender of permit
1: The Secretary may, by written notice, cancel a permit given under this subpart if—
a: the Secretary is no longer satisfied of the matters set out in section 27
b: the broker breaches section 10 13 24 39(1)
2: The cancellation takes effect on the date specified by the Secretary in the notice, which must be a date after the date of that notice.
3: A broker may surrender a permit by written notice to the Secretary.
4: The surrender takes effect on the date specified by the broker in the notice, which must be a date after the date of that notice.
4: Civil enforcement
32: Civil enforcement
1: This subpart applies to a person if,—
a: without lawful justification or reasonable excuse, the person has breached section 10 13 24 39(1)
b: there are reasonable grounds to believe that the person is likely to breach section 10 13 24 39(1)
2: The Attorney-General may—
a: issue a formal warning to the person (in any prescribed manner and containing any prescribed information):
b: accept an enforceable undertaking from the person under section 33:
c: seek an order of the court under section 34 against the person for breach of an enforceable undertaking:
d: seek an injunction under section 35 against the person. 2009 No 35 ss 78 79
33: Enforceable undertakings
1: The Attorney-General may accept a written undertaking given by a person in connection with the person’s compliance with section 10 13 24 39(1)
2: The person may withdraw or vary the undertaking at any time, but only with the consent of the Attorney-General. 2009 No 35 s 81
34: Enforcement of undertakings
1: If the Attorney-General considers that a person who gave an undertaking under section 33
2: The court may, if satisfied that a person has breached 1 or more of the terms of an enforceable undertaking, make any or all of the following orders:
a: an order directing the person to comply with any of the terms of the undertaking:
b: an order directing the person to pay to the Crown an amount up to the amount of any financial benefit that the person has obtained directly or indirectly from, and that is reasonably attributable to, the breach:
c: any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach. 2009 No 35 s 82
35: Injunctions
1: The court may grant an injunction restraining a person from breaching section 10 13 24 39(1)
2: The injunction may be an interim one if the court thinks that is desirable, but the court must not—
a: require the Crown to give an undertaking as to damages as a condition of granting the interim injunction; or
b: take into account that the Crown is not required to give an undertaking as to damages.
3: The court may rescind or vary an injunction granted under this section.
4: Subsections (1) and (2) apply whether or not the person—
a: intends to engage again, or to continue to engage, in conduct that breaches section 10 13 24 39(1)
b: has previously engaged in such conduct.
5: The powers in this section do not limit any other powers of the High Court relating to the granting of injunctions. 2007 No 7 s 44 ss 84 87–89
3: Miscellaneous provisions
Extraterritorial application
36: Offences committed outside New Zealand
1: Even if the acts or omissions alleged to constitute an offence against any of sections 12 14 15 25 39
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: is an entity incorporated or registered under the law of New Zealand; or
b: if any of the acts or omissions are alleged to have occurred on board—
i: a ship registered, or required to be registered, under the Ship Registration Act 1992
ii: a ship used as a ship of the New Zealand Defence Force; or
iii: an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 2023
iv: an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or
v: an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand.
2: The following sections do not apply in respect of an offence against section 12 14 15 25 39
a: section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):
b: section 400
3: Nothing in this section limits the application of section 12 14 15 25 39
a: acts or omissions that occurred wholly in New Zealand; or
b: the application of section 7
i: an act or omission forming part of an offence; or
ii: an event necessary to the completion of an offence; or
c: the application of section 8A 1961 No 43 s 7A Section 36(1)(b)(iii) amended 5 April 2025 section 486 Civil Aviation Act 2023 Attorney-General’s consent
37: Attorney-General’s consent required
1: No charging document may be filed against any person in relation to an offence under this Act unless the Attorney-General consents to the filing of the charging document.
2: A person alleged to have committed an offence may be arrested or a warrant for his or her arrest may be issued and executed, and he or she may be remanded in custody or on bail, even though the consent of the Attorney-General has not yet been obtained under subsection (1), but no further or other proceedings may be taken until the consent has been obtained. Applications for registration and permits
38: Applications for registration and permits
1: An application under section 16 26
a: be in the form approved by the Secretary for the purposes of that section; and
b: contain the information required by the form; and
c: be accompanied by any documents that the form requires; and
d: be accompanied by the fee (if any) prescribed by the regulations.
2: The Secretary may request an applicant to provide such additional information as the Secretary considers necessary to enable the Secretary to decide the application.
3: The Secretary may approve a form for the purposes of section 16 26
39: False or misleading information
1: A person must not, in relation to an application for registration or a permit under this Act, supply any information that the person knows or ought to know is materially false or misleading.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or a fine not exceeding $10,000, or both:
b: in any other case, to a fine not exceeding $20,000. Appeals against decisions about registration and permits
40: Appeals against certain decisions to District Court
1: A person who has applied for registration or been registered under subpart 2
a: to refuse to register the person as a broker:
b: to impose a condition on the person’s registration:
c: to cancel the person's registration.
2: A broker who has applied for a permit or been given a permit under subpart 3
a: to refuse to give the permit:
b: to impose a condition on the permit:
c: to cancel the permit.
3: An appeal under subsection (1) or (2) must be made within 30 days after the decision appealed against is given, or within any further period that the District Court may allow.
4: A decision against which an appeal is lodged continues in force unless the District Court orders otherwise.
5: An appeal under subsection (1) or (2) is by way of rehearing. Regulations and further miscellaneous provisions
41: Regulation-making powers
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for any or all of the following purposes:
a: prescribing fees or charges for applications under sections 16 26
b: prescribing particulars of brokers that must be entered on the public register under section 19(b)
c: prescribing the form of the annual report to be provided under section 21
d: prescribing the records to be kept under section 24
e: prescribing matters to which the Secretary must have regard when considering whether to give a permit under section 27
f: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations made under subsection (1)(a) may—
a: make different provision for different cases on any differential basis:
b: prescribe any of the following:
i: the method by which the fees or charges are to be assessed:
ii: the persons liable to pay the fees or charges:
iii: when the fees or charges must be paid:
iv: circumstances in which the fees or charges may be refunded, remitted, or waived (wholly or partly).
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Disclosure of information to overseas authority
1: The Secretary may disclose any information held by the Secretary to an overseas authority for the purpose of assisting the authority to carry out its functions related to, or involving,—
a: the regulation or monitoring of brokering activity:
b: the prevention, detection, investigation, prosecution, or punishment of offences that are, or if committed in New Zealand would be, offences under this Act.
2: Information may be disclosed under this section if—
a: the information is disclosed subject to conditions stating—
i: the use that the overseas authority may make of the information; and
ii: either—
A: that the overseas authority must not disclose the information to any other agency, body, or person; or
B: that the overseas authority may disclose the information, or part of it, to a specified agency, body, or person subject to certain conditions; and
b: the Secretary makes and keeps a record of—
i: the information that was disclosed; and
ii: the overseas authority or authorities to which it was disclosed; and
iii: the conditions subject to which it was disclosed.
3: In this section, overseas authority
4: This section does not prevent or limit any disclosure of information that is required or authorised by or under any law, or under any treaty, agreement, or arrangement concluded by the Government of New Zealand.
43: Register of brokers
1: The Secretary must keep and maintain a register of brokers.
2: The Secretary must ensure that the register is available to the public on an Internet site maintained by or on behalf of the Secretary.
3: The register must show in relation to each registered broker—
a: the information described in section 19(b)
b: a statement as to whether the broker’s registration is subject to any conditions.
4: Despite subsection (3)(a), the Secretary may omit or remove any particular prescribed in regulations made under section 19(b)(iii)
a: the person requests the Secretary to do so on the basis that the particular is personal information; and
b: the Secretary considers that the disclosure of the information on the public register would constitute an unreasonable interference with the privacy of any individual.
44: Consequential amendment
2019-06-01 Privacy Act 1993 see section 2(2) Section 44 repealed 1 December 2020 section 217 Privacy Act 2020


Families Commission Act Repeal Act 2018

1: Title
This Act is the Families Commission Act Repeal Act 2018.
2: Commencement
This Act comes into force on the later of—
a: 30 June 2018; and
b: the day after the date of Royal assent.
1: Preliminary provisions
3: Purposes
The purposes of this Act are to—
a: repeal the Families Commission Act 2003
b: disestablish the Families Commission; and
c: provide for the consequences of that disestablishment; and
d: make consequential amendments to other Acts.
4: Interpretation
In this Act, unless the context otherwise requires,— appointment position
a: the position of Families Commissioner:
b: membership of the Families Commission:
c: membership of the Social Science Experts Panel assets Commission section 6 employee section 10(1) liabilities Ministry
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Disestablishment of Families Commission
7: Repeal of Families Commission Act 2003
The Families Commission Act 2003 2018-06-30 Families Commission Act 2003
8: Families Commission disestablished
The Commission is disestablished.
9: Residual assets, liabilities, agreements, leases, and licence arrangements, information, money payable, etc
1: All residual assets, liabilities, agreements, leases, and licence arrangements of the Commission in existence immediately before the commencement of this Act are vested in the Crown as assets or liabilities of the Ministry.
2: All information held by the Commission immediately before the commencement of this Act is transferred to the Ministry.
3: All money payable to or by the Commission immediately before the commencement of this Act becomes payable to or by the Ministry.
4: Unless the context otherwise requires, anything done, omitted to be done, or to be done by, or in relation to, the Commission is to be treated as having been done, having been omitted to be done, or having to be done by, or in relation to, the Ministry.
10: Employment and appointments
1: Section 9 Schedule 1
2: All employment and appointment positions with the Commission are dissolved.
3: To avoid doubt, the entitlement (if any) to a redundancy payment of a person who, immediately before the commencement of this Act, was an employee, is subject to sections 61A to 61B
11: Consequential amendments
The Acts set out in Schedule 2 2018-06-30 Crown Entities Act 2004 Ombudsmen Act 1975
12: Repeal of this Act
This Act is repealed on 30 June 2019. 2019-06-30 Families Commission Act Repeal Act 2018


1: Title
This Act is the Subordinate Legislation Confirmation Act 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to confirm the Civil Aviation (Safety) Levies Amendment Order 2017 section 47C(1)(a)
4: Act binds the Crown
This Act binds the Crown.
5: Civil Aviation (Safety) Levies Amendment Order 2017 confirmed
The Civil Aviation (Safety) Levies Amendment Order 2017 2018-06-20 Civil Aviation (Safety) Levies Amendment Order 2017


1: Title
This Act is the Appropriation (2017/18 Supplementary Estimates) Act 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2
2: The rest of this Act applies to the 2017/18 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 12A
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2017/18 financial year scope shown in the Supplementary Estimates
a: in the case of an appropriation under section 6,—
i: in the table headed “Annual and Permanent Appropriations”; and
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7,—
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2018
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2017/18 financial year
Existing appropriations varied
1: If an appropriation specified in column 3 of Schedule 1 Appropriation (2017/18 Estimates) Act 2017
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount. New appropriations authorised
2: Each amount specified in column 4 of Schedule 1 Other matters concerning appropriations
3: Subsections (1) and (2) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
4: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
5: Each appropriation varied or authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2017/18 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Existing multi-year appropriations varied
1: If an appropriation specified in column 3 of Schedule 2
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount. New multi-year appropriations authorised
2: Each amount specified in column 5 of Schedule 2 Other matters concerning multi-year appropriations
3: Subsections (1) and (2) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
4: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
5: Each appropriation varied or authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2017/18 financial year; and
ii: in advance, but within the scope, of the appropriation.
6: In column 4 of Schedule 2 Existing multi-year appropriations revoked
7: The appropriation authorised by section 7 Broadband Investment (Crown Fibre Holdings Capital Costs (UFB2)) 2016-2021 MYA subsection (1)
8: The appropriation authorised by section 7 Communications: Broadband Investment (Crown Fibre Holdings Capital Costs) 2016-2021 subsection (1)
9: The appropriation authorised by section 7 Chatham Islands Wharf Redevelopment
10: The appropriation authorised by section 7 Party and Member Support - Māori subsection (1)
11: The appropriation authorised by section 7 Party and Member Support - United Future subsection (1)
12: The appropriation authorised by section 7 Historical Treaty of Waitangi Settlements 2017 - 2021
8: Capital injections authorised for 2017/18 financial year
Limits of existing authorisations varied
1: If the Appropriation (2017/18 Estimates) Act 2017 Schedule 3
a: if the amount is in brackets, the limit is decreased by that amount; and
b: if the amount is not in brackets, the limit is increased by that amount. New capital injections authorised
2: The Crown is authorised to make capital injections during the 2017/18 financial year to each department specified in column 1 of Schedule 3 subsection (1)
3: The capital injections authorised by subsection (2) to a department are limited to the amount specified in column 3 of Schedule 3 Capital injections made in advance under Imprest Supply Act included in authorisation
4: Each authorisation varied or given by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2017/18 financial year; and
b: in advance of the authorisation.


1: Title
This Act is the Imprest Supply (First for 2018/19) Act 2018.
2: Commencement
This Act comes into force on 1 July 2018.
3: Repeal of this Act
This Act is repealed on the coming into force of the main Appropriation Act for the 2018/19 year. Repealed on the coming into force of the main Appropriation Act for the 2018/19 year. // 2018 No 23 came into force 21 August 2018. 2018-08-21 Imprest Supply (First for 2018/19) Act 2018
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2018/19 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments and Offices of Parliament during the 2018/19 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2018/19 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
1: Expenses may, during the 2018/19 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) must not exceed in the aggregate the sum of $16,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2018/19 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $2,500 million.
8: Authority to make capital injections
1: Capital injections may, during the 2018/19 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act.
2: Capital injections made under subsection (1) must not exceed in the aggregate the sum of $400 million.