Animal Welfare Amendment Act 2002

1: Title
1: This Act is the Animal Welfare Amendment Act 2002.
2: In this Act, the Animal Welfare Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to substantive provisions
3: Interpretation
1: Section 2(1) device ; and includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184, to be a device for the purposes of this Act
2: Section 2(1) trap trap
a: means a net, cage, snare, pen, pitfall, or mechanical or adhesive thing used for the purpose of killing, entrapping, capturing, entangling, restraining, or immobilising an animal; and
b: includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184
c: does not include—
i: any fenced area of land or other effective enclosure used for handling, herding, or mustering an animal; or
ii: any animal housing system used routinely or commonly in farm or other animal production systems; or
iii: any enclosure, such as a cage, that is being used for transporting an animal; or
iv: a firearm.
4: Strict liability
Section 13 subsection (1)
1A: In a prosecution for an offence against section 12
5: Defence
1: The heading before section 24 and rebuttable evidence
2: The heading to section 24 and rebuttable evidence
3: Section 24 subsection (1)
1: In a prosecution for an offence against section 21(1)(b) or section 22(2) or section 23
6: Strict liability
Section 30 subsection (1)
1A: In a prosecution for an offence against section 29(a) section 29(a)
7: Power to declare traps or devices to be prohibited or restricted traps or devices
Section 32 subsection (5)
5: An order may be general in its application or may relate to a particular trap or class of traps or a particular device or class of devices.
5A: An order relating to a restricted trap or class of traps, or a restricted device or class of devices, may relate to—
a: the use of a particular trap or class of traps, or a particular device or class of devices, in relation to a particular species or type of animal:
b: a specified district or subdivision of a district of a territorial authority, or any specified part of New Zealand.
8: Criteria
Section 33 paragraph (e)
e: the availability and cost-effectiveness of, and the feasibility of a transition to, other means of achieving the purpose of the trap or device (whether by means of another trap or device or by different means); and.
9: Review of code of welfare
Section 78
4: Despite subsection (1) section 78A
5: Where the Governor-General does so, subsection (1)
10: New section 78A inserted
The principal Act is amended by inserting, after section 78
78A: Review date may be extended
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the date at or by which any particular review under section 78
2: In deciding whether to recommend the making of an order under subsection (1)
a: consult in accordance with section 184
b: have regard to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.
11: Compliance with enforcement order
1: Section 145(2)(c) money received under paragraph (a)
2: Section 145
3: If the animal is sold under the powers given by subsection (2)
a: the person exercising those powers may retain the proceeds of the sale to the extent necessary to offset the costs and expenses to the person of complying with the order and of selling the animal; and
b: any remaining balance of the sale proceeds must be returned to the owner of the animal, if the owner can be found; and
c: if the owner cannot be found, the remaining balance must be paid into the Crown Bank Account.
12: Power to disqualify person from having custody of animals
Section 169
a: by inserting in subsection (2) subsection (1) or under section 16(1) of the Animals Protection Act 1960
b: by inserting in subsection (5)(a) subsection (1) or under section 16(1) of the Animals Protection Act 1960
c: by inserting in subsection 5(b) subsection (3) or an order made under section 16(1) of the Animals Protection Act 1960 subsection (2) of that section subsection (3) of this section
13: Consultation
Section 184(1)
a: by omitting the words definition of the term animal definitions of the terms animal device trap
b: by inserting, after the words or section 32(6) or section 78A or section 191(4) or section 200(4) or section 202(5)
2: Amendments to transitional provisions
14: Deemed codes of welfare
1: Section 191(1) 3 years 4 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)
2: Section 191
4: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 4 years specified in subsection (1)
5: In deciding whether to recommend the making of an order under subsection (4)
a: consult in accordance with section 184
b: have regard, to the extent relevant, to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.
6: An Order in Council made under subsection (4)
a: if made on or before 30 June in any year, expires on the close of 31 December of that year, except so far as it is expressly confirmed by Act of Parliament passed during that year; and
b: if made on or after 1 July in any year, expires on the close of 31 December in the following year, except so far as it is expressly confirmed by Act of Parliament passed before the end of that following year.
7: The expiry of an Order in Council under subsection (6)
15: Certain regulations to continue in force
1: Section 199
2: Subject to this section, the following regulations and circular are revoked:
a: clauses 1(a) and 2, and the heading preceding clause 2, of Part 7 of the First Schedule of the Fish Export Processing Regulations 1995 (SR 1995/54)
b: regulation 80(1) of the Game Regulations 1975 (SR 1975/174)
c: regulation 76 of the Meat Regulations 1969 (SR 1969/192)
d: the Slaughter of Stock, Game, and Poultry Regulations 1969 (SR 1969/194)
e: New Zealand Fishing Industry Agreed Implementation Standards 003.4 Live Eels and Rock Lobsters Circular 1995.
3: Despite subsection (2) subsection (4) Part 5 Part 5
4: The modifications referred to in subsection (3)
a: references in the Slaughter of Stock, Game, and Poultry Regulations 1969 Slaughter Regulations
i: premises and places used for primary processing within the meaning of the Animal Products Act 1999
ii: permanent slaughterhouses operated by homekill or recreational catch service providers within the meaning of that Act:
b: the requirements of the Slaughter Regulations, as well as applying to the animals specified in regulation 3(1) of those regulations
i: farmed deer (except to the extent that any other method has been approved by the Director-General as a safe and humane means of slaughter of deer); and
ii: stock as defined in clause 3 of the Meat (Game and Stock) Order 1998
c: regulation 9 regulation 8 of those regulations
d: the circular specified in subsection (2)(e) Animal Products Act 1999
5: Subsections (2) to (4) section 13 Animal Products (Ancillary and Transitional Provisions) Act 1999
2: Regulation 12 of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 (SR 2000/208)
16: Certain bylaws to continue in force
1: Section 200(1) 3 years 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)
2: Section 200
4: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1)
5: In deciding whether to recommend the making of an order under subsection (4)
a: consult in accordance with section 184
b: have regard to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.
17: Expiry of section 201
1: Section 202(1) 3 years 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (5)
2: Section 202(2) period of 3 years specified period referred to
3: Section 202
5: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1)
6: In deciding whether to recommend the making of an order under subsection (5)
a: consult in accordance with section 184
b: have regard to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.


1: Title
1: This Act is the Remuneration Authority (Members of Parliament) Amendment Act 2002.
2: In this Act, the Higher Salaries Commission Act 1977 principal Act
2: Commencement
This Act comes into force on 1 April 2003.
3: Amendments to principal Act
1: After the commencement of this Act, the principal Act is called the Remuneration Authority Act 1977
2: The provisions of the principal Act listed in Schedule 1
3: All references to the Higher Salaries Commission or to the Higher Salaries Commission Act 1977 Remuneration Authority Act 1977
4: Amendments to other Acts
1: The Acts listed in Schedule 2
2: The amendments to sections CB 7 and CI 1 of the Income Tax Act 1994 Part 1
3: The amendments to section OB 1 of the Income Tax Act 1994 Part 1
5: Review of services in respect of members of Parliament
1: The Parliamentary Service Commission must, as soon as practicable after the commencement of this Act, review the travel, accommodation, attendance, and communications services in respect of members of Parliament.
2: The Commission must consult with the Minister who has, with the authority of the Prime Minister, for the time being assumed responsibility for Ministerial services and with the Commissioner of Inland Revenue.
3: The Parliamentary Service Commission must, at the end of the review, make a recommendation to the Speaker of the House of Representatives.
4: The Speaker must, as soon as practicable,—
a: consider the recommendation and make a determination under section 20A Civil List Act 1979
b: present a copy of the recommendation and a copy of the determination to the House of Representatives.
6: Review of services in respect of Executive
1: The Minister who has, with the authority of the Prime Minister, for the time being assumed responsibility for Ministerial services must, as soon as practicable after the commencement of this Act, review any additional or alternative services in respect of Executive travel, accommodation, attendance, and communications.
2: The Minister must consult with the Parliamentary Service Commission and with the Commissioner of Inland Revenue.
3: The Minister must, as soon as practicable after the review,—
a: make a determination under section 20A Civil List Act 1979
b: present a copy of the determination to the House of Representatives.
7: Transitional provision
1: This section applies if the Remuneration Authority makes a determination that supersedes the Parliamentary Salaries and Allowances Determination 2001 (2001/392) section 5
2: The provisions of the Parliamentary Salaries and Allowances Determination 2001
a: to the extent that the Speaker so specifies by notice in the Gazette
b: for a period specified in the notice, which period may begin not earlier than 1 April 2003 and end not later than 30 June 2003 or the date on which the Speaker determines those services, whichever first occurs.
3: Subsection (2) Parliamentary Salaries and Allowances Determination 2001


1: Title
1: This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2002.
2: In this Act, the Agricultural Compounds and Veterinary Medicines Act 1997 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Continuation of licences
Section 94 subsection (1)
1: If, before the commencement of this Act, the importation or manufacture of an animal remedy was licensed under section 21 of the Animal Remedies Act 1967
a: the date that the licence expires in accordance with the terms and conditions of the licence; or
b: the last day of a period of 3 years from the commencement of this Act; or
c: the day before the date that the animal remedy is registered in accordance with regulations made under section 88


1: Title
1: This Act is the Antarctic Marine Living Resources Amendment Act 2002.
2: In this Act, the Antarctic Marine Living Resources Act 1981 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) paragraph (b) New Zealand national
b: an individual who is ordinarily resident in New Zealand, as defined in section 2(2) and (2A) of the Overseas Investment Act 1973


Bills of Exchange Amendment Act 2002

1: Title
1: This Act is the Bills of Exchange Amendment Act 2002.
2: In this Act, the Bills of Exchange Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Inland and foreign bills
Section 4 subsection (1)
1: An inland bill
a: both drawn and payable in New Zealand; or
b: drawn in New Zealand on a person who resides or has a place of business in New Zealand.
1A: Any other bill is a foreign bill.


Bail Amendment Act 2002

1: Title
1: This Act is the Bail Amendment Act 2002.
2: In this Act, the Bail Act 2000 the principal Act
2: Commencement
Except as provided in section 7(2)
3: Evidence in bail hearing
Section 20 subsection (2)
2: Despite subsection (1) section 8(2)(b)
a: the court may only consider a statement, document, information, or matter that would be admissible in a court of law if made by the appropriate person or given or produced in proper form; but
b: for the purpose of the bail hearing, it does not matter whether the evidence—
i: is given or produced by the appropriate person or given or produced in sworn or unsworn form; or
ii: is otherwise given or produced in a form in which it would be admissible in a court of law.
4: Defendant admitted to bail by member of police
Section 21 subsection (2)
2A: Despite section 7
5: Appeal from decision of District Court relating to bail
Section 41 subsection (5)
6: Schedule 1 Schedule 1 section 45 subsection (4) subsection (3)
7: Schedule 2
1: Schedule 2 Extradition Act 1999 section 44(3) section 46(1)(a)
2: The amendment in subsection (1)


1: Title
1: This Act is the Births, Deaths, and Marriages Registration Amendment Act 2002.
2: In this Act, the Births, Deaths, and Marriages Registration Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Schedule 1A amended
1: Schedule 1A The following table is small in size and has 3 columns. This table amends Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995 and should be read with that table to provide understanding of the context. Department for Courts (Maori Land Court Unit) Death information To identify deceased Maori landowners
2: Schedule 1A The following table is small in size and contains 3 columns. This table amends Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995 and should be read with that table to provide understanding of the context. Department of Work and Income Birth information, marriage information, and death information To— (a) verify a person's eligibility or continuing eligibility for benefits, war pensions, grants, loans, or allowances: (b) verify a person's eligibility or continuing eligibility for a community services card: (c) identify debtors, including any person no longer in receipt of a benefit, war pension, grant, loan, or allowance
3: Schedule 1A The following table is small in size and contains 3 columns. This table amends Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995 and should be read with that table to provide understanding of the context. Ministry of Education Birth information and death information To verify and update student information on the National Student Index
4: Consequential amendment to Privacy Act 1993
The Third Schedule Tax Administration Act 1994 The following table is small in size and contains 2 columns. This table amends Schedule 3 of the Privacy Act 1993 and should be read with that table to provide understanding of the context. Births, Deaths, and Marriages Registration Act 1995 Section 78A


1: Title
1: This Act is the Chatham Islands Council Amendment Act 2002.
2: In this Act, the Chatham Islands Council Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Persons liable to pay council dues
1: Section 16 subsection (3)
3A: A person required by notice under subsection (3)
a: holds the dues collected in trust for the Chatham Islands Council; and
b: must pay those dues into a separate account at a bank.
2: Section 16 subsection (5)
5A: If a person required by notice under subsection (3) subsection (5)
a: add to the amount owing a penalty of 10% of the amount owing; but
b: remit all or part of a penalty added under paragraph (a)
5B: Subsection (5A)


District Courts Amendment Act 2002

1: Title
1: This Act is the District Courts Amendment Act 2002.
2: In this Act, the District Courts Act 1947 the principal Act
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council.
3: New Part 5 substituted
The principal Act is amended by repealing Part 5
V: Appeals
71: Interpretation
In this Part,— decision section 112 make
72: General right of appeal
1: This subsection applies to every decision made by a District Court other than a decision of a kind in respect of which an enactment other than this Act—
a: expressly confers a right of appeal; or
b: provides expressly that there is no right of appeal.
2: A party to proceedings in a District Court may appeal to the High Court against the whole or any part of any decision to which subsection (1)
73: Agreements that decision would be binding
1: An appeal may not be brought under section 72
2: Subsection (1) section 72
74: Security for appeal
1: Unless granted legal aid under the Legal Services Act 2000 section 72
2: If any security required is not given within the time required by the High Court Rules, the appellant's appeal must be treated as having been abandoned.
75: Appeals to be by way of rehearing
All appeals under section 72
76: Powers of High Court on appeal
1: Having heard an appeal under section 72
a: make any decision or decisions it thinks should have been made:
b: direct the District Court in which the decision appealed against was made—
i: to rehear the proceedings concerned; or
ii: to consider or determine (whether for the first time or again) any matters the High Court directs; or
iii: to enter judgment for any party to the proceedings concerned the High Court directs:
c: make any further or other orders it thinks fit (including any orders as to costs).
2: The High Court must state its reasons for giving a direction under subsection (1)(b)
3: The High Court may give the District Court any direction it thinks fit relating to—
a: rehearing any proceedings directed to be reheard; or
b: considering or determining any matter directed to be considered or determined.
4: The High Court may act under subsection (1)
5: Even if an interlocutory decision made in the proceedings concerned has not been appealed against, the High Court—
a: may act under subsection (1)
b: may set the interlocutory decision aside; and
c: if it sets the interlocutory decision aside, may make in its place any interlocutory decision or decisions the District Court could have made.
6: The powers given by this section may be exercised in favour of any respondent or party to the proceedings concerned, even if the respondent or party did not appeal against the decision concerned.
77: Repayment of judgment sum and interest
1: This subsection applies if—
a: a party to proceedings in a District Court (party A) (party B)
b: on appeal under section 72
2: If subsection (1)
a: may order party B to repay to party A some or all of the amount paid by party A; and
b: may also order party B to pay to party A interest at a rate not greater than the prescribed rate (within the meaning of section 87(3) of the Judicature Act 1908
78: Enforcement proceedings
For the purposes of enforcement proceedings, a judgment or order of the High Court under paragraph (a) or paragraph (c) of section 76(1) section 77(2)
79: Right of appeal in respect of contempt of Court
1: This subsection applies to any order under section 112
2: A person against whom an order to which subsection (1)
3: Sections 116 to 144 of the Summary Proceedings Act 1957
4: Consequential amendments
The enactments specified in the Schedule are amended in the manner indicated in that schedule.
5: Transitional
An appeal, under any enactment, commenced before the commencement of section 3 sections 3 4


Citizenship Amendment Act 2002

1: Title
1: This Act is the Citizenship Amendment Act 2002.
2: In this Act, the Citizenship Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Schedule 4
1: Schedule 4 Department of Work and Income Toâ€” (a) verify a person's eligibility or continuing eligibility for benefits, war pensions, grants, loans, or allowances: (b) verify a person's eligibility or continuing eligibility for a community services card
2: Schedule 4 Ministry of Education To verify and update student information on the National Student Index
4: Consequential amendment to
Privacy Act 1993 The Third Schedule of the Privacy Act 1993 Social Security Act 1964 Citizenship Act 1977 Section 26A


Fire Service Amendment Act 2002

1: Title
1: This Act is the Fire Service Amendment Act 2002.
2: In this Act, the Fire Service Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Evacuation schemes for public safety
Section 21A
13: For the purpose of carrying out his or her functions under this section, the National Commander, or any person authorised in writing by the National Commander, may have free access on reasonable conditions to all land and buildings (except household units).
14: Reasonable notice must be given in relation to any proposed entry, and identification must be shown on entry and at any subsequent time if requested.
15: This section does not apply to any Crown land or buildings, or any class or classes of Crown land or buildings, that—
a: are specified by the Minister by notice in the Gazette
b: are premises of the mission as defined in Schedule 1 of the Diplomatic Privileges and Immunities Act 1968
4: Command and operation of Fire Service
Section 23(2) for the purposes of any of the matters set out in section 29
5: Control of Fire Region
1: Section 24A(1) in charge in the charge
2: Section 24A(2)(d) for the purposes of any of the matters set out in section 29
6: Control of Fire Area
Section 25A(2)(d) for the purposes of any of the matters set out in section 29
7: Commission may undertake to give special protection to Harbour Board or to owner of property outside a Fire District
1: The heading to section 39 to Harbour Board or
2: Section 39
a: by omitting the words with a Harbour Board or
b: by omitting the words Harbour Board or of that
8: Expenditure of Commission
1: Section 44(1)(b) the members of the Appeal Board and any any person appointed by the Minister in relation to an
2: Section 44(1)(h) Commissioner Commission
9: Commission to submit financial forecasts and estimates to Minister
Section 45(3) and any expenditure from the Restructuring Fund established under section 62B(1) of this Act
10: Levy
Section 48(6)(a) property building
11: Liability for levy where agents of owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
Section 49(2) a return in the prescribed form
12: Liability for levy where owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
Section 49A(2) a return in the prescribed form
13: Liability for levy by owner of property where cover for risk including fire is provided by any company, corporation, partnership, or person associated with owner of property
Section 49B(2) a return in the prescribed form
14: Payment of levy
Section 50(2) a certificate in the prescribed form
15: Companies, corporations, partnerships, and local and public authorities to supply evidence of insurance arrangements
Section 51A(1) a statutory declaration in the prescribed form
16: New
section 87 The principal Act is amended by repealing section 87
87: Service of notices
1: If a notice or other document must be served on a person for the purposes of this Act, it may be served—
a: by delivering it personally to the person; or
b: by delivering it at the usual or last known place of residence or business of the person, including by facsimile; or
c: by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.
2: If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (1)
3: If a notice or other document is to be served on a partnership, service on any 1 of the partners in accordance with subsection (1) or subsection (2)
4: If a notice or other document is sent by post to a person in accordance with subsection (1)(c)
17: Repeals
1: Sections 62B to 62F
2: The Fire Service Amendment Act 1994 (1994 No 71)


Extradition Amendment Act (No 2) 2002

1: Title
1: This Act is the Extradition Amendment Act (No 2) 2002.
2: In this Act, the Extradition Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Meaning of extradition offence
1: Section 4(1)(a)
a: omitting the words An offence punishable under the law of an In relation to an extradition country, an offence punishable under the law of the
b: omitting the words ; and :
2: Section 4(1)(b) to a request by
4: Request for surrender
1: Section 18(1) made to the Minister of Foreign Affairs and Trade for transmission transmitted
2: Section 18(4)(a) subparagraph (i)
i: a warrant for the arrest of the person for the offence issued in the extradition country by a court or a Judge or other person having authority under the law of the extradition country to issue it; or .
5: Provisional arrest warrant may be issued
Section 20(1) paragraph (a)
a: a warrant for the arrest of a person has been issued in an extradition country by a court or a Judge or other person having authority under the law of the extradition country to issue it; and.
6: Powers of court
Section 22 subsection (3)
3: Despite section 46(1) and (2) of the Summary Proceedings Act 1957 section 153 of that Act section 28(2) of the Bail Act 2000
7: Determination of eligibility for surrender
Section 24(3)(b) that except in relation to a matter referred to in section 30(2)(ab)
8: Record of case may be submitted by exempted country at hearing
1: Section 25(3) paragraph (b)
b: a certificate by a person described in subsection (3A)
2: Section 25 subsection (3)
3A: A person referred to in subsection (3)(b)
a: the Attorney-General or principal law officer of the exempted country, or his or her deputy or delegate; or
b: any other person who has, under the law of the exempted country, control over the decision to prosecute.
3: Section 25 subsection (5)
5: A court to which a certificate under subsection (3)(b) subsection (3A)
9: Minister must determine whether person to be surrendered
Section 30(2) paragraph (a)
ab: if the Minister is satisfied that a mandatory restriction on the surrender of the person applies under the provisions of the treaty (if any) between New Zealand and the extradition country; or.
10: Discharge of person if not surrendered within 2 months
Section 36
4: Despite subsection (1)
a: it appears to the court that another request has been made under this Act for the surrender of the person, that request having been received—
i: on or before the date on which the warrant referred to in subsection (1)(a)
ii: if an appeal or application referred to in subsection (1)(b)
b: a final decision on the surrender of the person in relation to that request has not been made.
5: For the purposes of subsection (4) request Part 4
11: Endorsement of warrant issued in extradition country
Section 41(1) a judicial officer of a court having lawful authority other person having lawful authority under the law of the extradition country
12: Issue in New Zealand of provisional arrest warrant
Section 42(1)(a) a judicial officer of a court having lawful authority other person having lawful authority under the law of the extradition country
13: Powers of court
Section 43 subsection (3)
3: Despite section 46(1) and (2) of the Summary Proceedings Act 1957 section 28(2) of the Bail Act 2000
14: Referral of case to Minister in certain circumstances
1: Section 48(1)(c) ,— ; or
2: Section 48(1) paragraph (c)
d: it appears to the court that another request has been made under this Act for the surrender of the person, and a final decision on the surrender of the person in relation to that request has not been made,—
3: Section 48 subsection (1)
1A: For the purposes of subsection (1)(d) request
15: Discharge of person if not surrendered within 2 months
Section 57
4: Despite subsection (1) section 48
a: it appears to the court that another request has been made under this Act for the surrender of the person, that request having been received—
i: on or before the date on which the warrant referred to in subsection (1)(a)
ii: if an appeal or application referred to in subsection (1)(b)
b: a final decision on the surrender of the person in relation to that request has not been made.
5: For the purposes of subsection (4) request
16: Extension of Act for individual requests
Section 60 subsection (7)
7: Without limiting subsection (6) Part 3
17: Application to appeal of certain provisions of
Summary Proceedings Act 1957
1: The heading to section 69 and Bail Act 2000
2: Section 69 paragraph (h) (q)
3: Section 69 subsection (2)
2: Section 47 of the Bail Act 2000 Part 4 of the Summary Proceedings Act 1957


Fisheries Amendment Act 2002

1: Title
1: This Act is the Fisheries Amendment Act 2002.
2: In this Act, the Fisheries Act 1996 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 265A The principal Act is amended by inserting, after section 265
265A: Recommendation for fishing year beginning on 1 October 2003
1: The Minister of Fisheries must, in making the recommendation under section 264 section 265
a: for each of the fishing years or financial years to which each of the orders specified in subsection (2)
b: in relation to the period during which the transitional levies specified in the Second Schedule of the Fisheries Amendment Act 1994
2: The orders are—
a: Fisheries (Cost Recovery Levies) Order 1995 (SR 1995/280)
b: Fisheries (Cost Recovery Levies) Order 1996 (SR 1996/267)
c: Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)
d: Fisheries (Cost Recovery Levies) Order 1998 (SR 1998/278)
e: Fisheries (Cost Recovery Levies) Order 1999 (SR 1999/268)
f: Fisheries (Cost Recovery Levies) Order (No 2) 1999 (SR 1999/411)
g: Fisheries (Cost Recovery Levies) Order 2000 (SR 2000/178)
h: Fisheries (Cost Recovery Levies) Order 2001 (SR 2001/281)


1: Title
1: This Act is the International Crimes and International Criminal Court Amendment Act 2002.
2: In this Act, the International Crimes and International Criminal Court Act 2000 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Procedure following arrest
Section 39 subsection (3)
3: If the District Court remands the person on bail, the District Court may impose any conditions of bail that the District Court thinks fit in addition to any conditions that the District Court may impose under section 31(1) to (3) of the Bail Act 2000 section 49 of that Act
4: Powers of District Court
1: Section 41(1) paragraph (b)
b: the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:
i: Part 2 and sections 203, 204, and 206 of the Summary Proceedings Act 1957
ii: Parts 1 sections 9 to 12 2, and 3 of the Bail Act 2000
iii: section 121 of the Criminal Justice Act 1985
2: Section 41(3) (1) to (3) (1) and (2)
3: Section 41 subsection (4)
4: Section 41 subsection (5)
5: Section 171 of the Summary Proceedings Act 1957 sections 52 and 54 of the Bail Act 2000 section 46 or section 49
6: To avoid doubt, if an application is made for the variation of conditions of bail of a person who is detained under section 46 49 section 40(1) (2)
5: Procedure following determination on eligibility or consent to surrender
Section 46(2)(a) 171(3) 171(2)
6: Application to appeal of certain provisions of
Summary Proceedings Act 1957
1: The heading to section 68 and Bail Act 2000
2: Section 68 paragraph (h)
3: Section 68 subsection (2)
2: Section 47 of the Bail Act 2000 Part 4 of the Summary Proceedings Act 1957


Judicature Amendment Act 2002

1: Title
1: This Act is the Judicature Amendment Act 2002.
2: In this Act, the Judicature Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Review of, or appeals against, decisions of Masters
Section 26P
1AA: The determination of the High Court on a review under subsection (1)
1A: Rules under section 51C
a: specify the nature and extent of reviews or classes of review under subsection (1)
b: regulate the procedure for hearing applications or classes of application under subsection (1)
c: regulate the procedure for hearing applications or classes of application for leave under subsection (1AA)


Law Commission Amendment Act 2002

1: Title
1: This Act is the Law Commission Amendment Act 2002.
2: In this Act, the Law Commission Act 1985 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 3A The principal Act is amended by inserting, after section 3
3A: Interpretation
In this Act, unless the context otherwise requires, responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.
4: Consequential amendments to principal Act
The principal Act is amended in the manner specified in the Schedule.


1: Title
1: This Act is the Oaths and Declarations Amendment Act 2002.
2: In this Act, the Oaths and Declarations Act 1957 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 4A The principal Act is amended by inserting, after section 4
4A: Oaths and affirmations in Maori
1: If a te reo Maori equivalent of any of the oaths or affirmations set out in this Act is prescribed by regulations made under section 30A
2: This section applies despite anything in section 4 sections 16 to 21
4: Declarations made in New Zealand
1: Section 9 paragraph (i)
i: an employee of the Land Transport Safety Authority of New Zealand, authorised for that purpose (by name, or as the holder for the time being of a specified office or title) by the Minister of Justice by notice in the Gazette
ia: an employee of Public Trust constituted under the Public Trust Act 2001 Gazette
2: Section 9 subsection (2)
2: Despite subsection (1) First Schedule section 30A First Schedule
3: So much of Schedule 2 of the Public Trust Act 2001
5: Witnesses under 12 may make declarations
Section 13 subsection (2)
2: Despite subsection (1) subsection (1) section 30A subsection (1)
6: New
section 30A The principal Act is amended by inserting, after section 30
30A: Regulations
The Governor-General may, by Order in Council, make regulations prescribing te reo Maori equivalents for any or all of the following:
a: the affirmation set out in section 4(2)
b: the affirmation set out in section 4(3)
c: the declaration set out in section 13(1)
d: the oath set out in section 16
e: the oath set out in section 17
f: the oath set out in section 18
g: the oath set out in section 19
h: the oath set out in section 20
i: the oath set out in section 21
j: the declaration prescribed in the First Schedule


1: Title
1: This Act is the New Zealand Horticulture Export Authority Amendment Act 2002.
2: In this Act, the New Zealand Horticulture Export Authority Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2 Ministers Minister
2: The definition of the term product section 2 paragraph (b)
ba: any moss, algae, fungi, or related organisms: .
4: Authority to implement general policy of Government
1: Section 9(1) Ministers Minister
2: Section 9 subsection (1)
1A: However, the Authority must give effect to the policy of Government in relation to international trade matters as communicated to it by notice in writing by the Minister of the Crown who (under the authority of any warrant or with the authority of the Prime Minister) is in charge of international trade.
5: Consequential amendments
The principal Act is amended in the manner indicated in the Schedule.


Patents Amendment Act 2002

1: Title
1: This Act is the Patents Amendment Act 2002.
2: In this Act, the Patents Act 1953 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 68B The principal Act is amended by inserting, after section 68A
68B: Regulatory review exception
It is not an infringement of a patent for a person to make, use, exercise, or vend the invention concerned solely for uses reasonably related to the development and submission of information required under New Zealand law or the law of any other country that regulates the manufacture, construction, use, or sale of any product.


Privacy Amendment Act 2002

1: Title
1: This Act is the Privacy Amendment Act 2002.
2: In this Act, the Privacy Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Damages
1: Section 88(2) is not of full mental capacity lacks the capacity to manage his or her own financial affairs
2: Section 88(3) is not of full mental capacity lacks the capacity to manage his or her own financial affairs
4: Fifth Schedule amended
The Fifth Schedule of the principal Act is amended by inserting, as the last 2 items under the heading Police Records The following table is small in size and has 3 columns. There are no headings for these columns. Protection orders Details of protection Department of Corrections orders made under the (access is limited to Domestic Violence Act obtaining information 1995 about any offender who is subject to a protection order while also subject to— (a) a full-time custodial sentence (including while released on parole); or (b) a sentence of periodic detention, supervision, community service, or community programme; or (c) a non-association order. Access is for the purpose of managing the offender's sentence in a manner consistent with any protection order.) Restraining orders Details of restraining orders made under the Harassment Act 1997 Department of Corrections(access is limited to obtaining information about any offender who is subject to a restraining order while also subject to— (a) a full-time custodial sentence (including while released on parole); or (b) a sentence of periodic detention, supervision, community service, or community programme; or (c) a non-association order. Access is for the purpose of managing the offender's sentence in a manner consistent with any restraining order.)


Sale of Liquor Amendment Act 2002

1: Title
1: This Act is the Sale of Liquor Amendment Act 2002.
2: In this Act, the Sale of Liquor Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Variation, suspension, or cancellation of licences other than special licences
1: Section 132(1)(a) Authority or a District Licensing Agency
2: Section 132(6)(a) Authority or a District Licensing Agency


Radiocommunications Amendment Act 2002

1: Title
1: This Act is the Radiocommunications Amendment Act 2002.
2: In this Act, the Radiocommunications Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 11B The principal Act is amended by inserting, after section 11A
11B: Variation of conditions in record of management rights
1: The conditions that apply to licences created in relation to a record of management rights may be varied, added to, or removed at any time by mutual agreement between the manager and the Secretary.
2: The Registrar must be notified of any agreement referred to in subsection (1)
3: Nothing in this section affects the operation of sections 57, 57A, 57B, and 57C
4: No variation, addition, or removal of a condition made under subsection (1)
4: Content of record of management rights
Section 34 paragraph (e)
ea: any variation, addition, or removal of a condition that applies to the licences created in relation to the record of management rights; and.
5: Modification of spectrum licence where 2 or more managers
Section 57C 45(3) 45(2)
6: Part to apply to frequencies where no record of management rights registered
1: The heading to section 110 where no record of management rights registered unless or until record of management rights registered and rights commence
2: Section 110 subsection (1)
1: This Part applies to every radio frequency unless or until a record of management rights is registered and the rights have commenced under Part II
3: Section 110(2) registered and commenced
7: Regulations prescribing fees
Section 135(1) and providing for the waiver or refund


Contracts (Privity) Amendment Act 2002

1: Title
1: This Act is the Contracts (Privity) Amendment Act 2002.
2: In this Act, the Contracts (Privity) Act 1982 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 Court Court .
4: Limitation on variation or discharge of promise
Section 5 arbitrator arbitral tribunal
5: Availability of defences
Section 9(1) or an arbitration
6: Sections 10 11 The principal Act is amended by repealing sections 10 11
7: New
section 13A The principal Act is amended by inserting, after section 13
13A: Act does not apply to promises, contracts, or deeds governed by foreign law
This Act does not apply to any promise, contract, or deed, or any part of any promise, contract, or deed, that is governed by a law other than New Zealand law.


Contractual Mistakes Amendment Act 2002

1: Title
1: This Act is the Contractual Mistakes Amendment Act 2002.
2: In this Act, the Contractual Mistakes Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) Court Court
4: Purpose of Act
Section 4(1) and arbitrators
5: Act to be a Code
Section 5(3)
a: by omitting the words or an arbitrator
b: by omitting the words or his
6: Sections 9 10 The principal Act is amended by repealing sections 9 10
7: New
section 11A The principal Act is amended by inserting, before section 12
11A: Act does not apply to contracts governed by foreign law
This Act does not apply to any contract, or any part of any contract, that is governed by a law other than New Zealand law.


Contractual Remedies Amendment Act 2002

1: Title
1: This Act is the Contractual Remedies Amendment Act 2002.
2: In this Act, the Contractual Remedies Act 1979 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 Court Court
4: Cancellation of contract
Section 7 subsections (3)(b) (c) (4)(a) stipulation term
5: Rules applying to cancellation
Section 8(1) paragraph (b)
b: before the time at which the party cancelling the contract evinces, by some overt means reasonable in the circumstances, an intention to cancel the contract, if—
i: it is not reasonably practicable for the cancelling party to communicate with the other party; or
ii: the other party cannot reasonably expect to receive notice of the cancellation because of that party's conduct in relation to the contract.
6: Sections 12 13 The principal Act is amended by repealing sections 12 13
7: New
section 14A The principal Act is amended by inserting, after section 14
14A: Act does not apply to contracts governed by foreign law
This Act does not apply to any contract, or any part of any contract, that is governed by a law other than New Zealand law.


Frustrated Contracts Amendment Act 2002

1: Title
1: This Act is the Frustrated Contracts Amendment Act 2002.
2: In this Act, the Frustrated Contracts Act 1944 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New section 2 substituted
The principal Act is amended by repealing section 2
2: Interpretation
In this Act, Court


Illegal Contracts Amendment Act 2002

1: Title
1: This Act is the Illegal Contracts Amendment Act 2002.
2: In this Act, the Illegal Contracts Act 1970 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 Court Court
4: Illegal contract defined
Section 3 means any contract governed by New Zealand law
5: Court may grant relief
Section 7(3) under subsection (1) of this section , and the nature and extent of any relief to be granted,
6: Sections 9 and 9A repealed
The principal Act is amended by repealing sections 9 9A


Disputes Tribunals Amendment Act 2002

1: Title
1: This Act is the Disputes Tribunals Amendment Act 2002.
2: In this Act, the Disputes Tribunals Act 1988 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Jurisdiction of Tribunals
1: Section 10 subsection (1)
1A: A Tribunal has jurisdiction to exercise any power conferred on a Court by any enactment listed in Part 1 of Schedule 1
a: the occasion for the exercise of the power arises in the course of proceedings properly before the Tribunal; and
b: subject to section 13
2: Section 10(2) the First Schedule to this Act Part 2 of Schedule 1
4: Further limitations on jurisdiction
1: Section 11(5) section 10(2) of this Act section 10(1A) or (2)
2: Section 11(7) subsection (2) of section 10 of this Act section 10(1A) or (2)
5: Extension of jurisdiction by agreement between the parties
Section 13(1) subsection (1) or subsection (2) of section 10 of this Act section 10(1), (1A), or (2)
6: Power of Tribunal to award interest
Section 20(4) section 10(3) section 10(1A) and (3)
7: Consequential amendments
The principal Act is amended by repealing sections 62 to 66 68 77 78
8: New
Schedule 1 The principal Act is amended by repealing the First