Walking Access Act 2008

1: Title
This Act is the Walking Access Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is—
a: to provide the New Zealand public with free, certain, enduring, and practical walking access to the outdoors (including around the coast and lakes, along rivers, and to public resources) so that the public can enjoy the outdoors; and
b: to establish the New Zealand Walking Access Commission with responsibility for leading and supporting the negotiation, establishment, maintenance, and improvement of—
i: walking access (including walkways, which are one form of walking access) over public and private land; and
ii: types of access that may be associated with walking access, such as access with firearms, dogs, bicycles, or motor vehicles.
4: Interpretation
In this Act, unless the context otherwise requires,— administering authority cadastre section 4 chief executive section 4 code of responsible conduct code section 17 controlling authority
a: is appointed as a controlling authority under section 35
b: becomes a controlling authority under section 36 Crown section 2(1) department public service agency defined in section 5 enforcement officer
a: means an enforcement officer appointed under section 43 section 46
b: includes a person described in section 44 firearm
a: has the same meaning as in section 2
b: includes anything from which a shot, bullet, missile, or other projectile can be discharged other than by force of explosive foreshore
a: on the landward side, by the line of mean high water springs; and
b: on the seaward side, by the line of mean low water springs honorary enforcement officer section 45 section 46 in writing lake landholder
a: means the owner or occupier of land; and
b: includes any employee or other person acting under the authority of the owner or occupier; and
c: includes the administering authority of public land local authority section 5(1) Maori freehold land section 4 Maori Land Court section 6 Minister New Zealand Walking Access Commission Commission section 6 occupier offence personal mobility device
a: a vehicle that—
i: is designed and constructed, or is adapted, for use by persons who require mobility assistance due to a physical or neurological impairment; and
ii: is powered by hand or by a motor that has a maximum power output not exceeding 1 500 W; or
b: a vehicle that has been declared under section 168A(1) private land
a: means—
i: any land that is held in fee simple by any person other than the Crown:
ii: any Maori land (within the meaning of section 4
iii: any land that is held by a person under a lease or licence granted to the person by the Crown; but
b: does not include any road public land
a: means any land that is not private land; but
b: does not include any road register section 9 Registrar-General section 231 river road
a: means a formed or unformed road; but
b: does not include a private road (within the meaning of section 315(1) Sport and Recreation New Zealand section 7 structure
a: includes—
i: a bridge, fence, gate, shelter, or stile; and
ii: a boundary marker, hoarding, marker, notice, poster, or sign; but
b: does not include a bivouac, a tent, or a temporary structure erected for temporary shelter Surveyor-General section 5 vehicle
a: means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; but
b: does not include—
i: a pram or pushchair:
ii: a personal mobility device walking access
a: passing or repassing on foot over a walkway or other land over which the public has rights of access; and
b: performing any activity that is reasonably incidental to that passing or repassing walkway
a: means any walkway declared under section 24 31
b: includes any part of a walkway; and
c: includes any walkway, established or administered under the New Zealand Walkways Act 1990 Section 4 department amended 7 August 2020 section 135 Public Service Act 2020 Section 4 register replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 4 Registrar-General amended 12 November 2018 section 250 Land Transfer Act 2017
5: Act binds the Crown
This Act binds the Crown.
2: New Zealand Walking Access Commission
1: Establishment, objective, and functions of Commission
Establishment of Commission
6: New Zealand Walking Access Commission established
This section establishes the New Zealand Walking Access Commission.
7: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
8: Board of Commission
1: The Commission consists of no fewer than 5, and no more than 8, members.
2: Members of the Commission are the board for the purposes of the Crown Entities Act 2004
3: The Minister must, after consultation with the Minister of Māori Affairs, appoint at least 1 member who has a knowledge of tikanga Māori (Māori customary values and practices). Objective, functions, and priorities of Commission
9: Objective of Commission
The objective of the Commission is to lead and support the negotiation, establishment, maintenance, and improvement of walking access and types of access that may be associated with walking access, such as access with firearms, dogs, bicycles, or motor vehicles.
10: Functions of Commission
1: In meeting its objective under section 9
a: providing national leadership on walking access by—
i: preparing and administering a national strategy; and
ii: co-ordinating walking access among relevant stakeholders and central and local government organisations, including Sport and Recreation New Zealand:
b: providing local and regional leadership on, and co-ordination of, walking access in collaboration with local authorities:
c: compiling, holding, and publishing maps and information about land over which members of the public have walking access:
d: providing advice on walking access to the Minister or any other person:
e: facilitating resolution of disputes about walking access, including initiating negotiations about disputed issues, mediating disputes, and referring disputes to a court, tribunal, or other dispute resolution body:
f: negotiating with landholders to obtain walking access (including walkways, which are one form of walking access) over public or private land:
g: negotiating rights in addition to any walking access that is obtained, such as the right of access with firearms, dogs, bicycles, or motor vehicles:
h: administering a fund to finance the activities of the Commission, or any other person, in obtaining, developing, improving, maintaining, administering, and signposting walking access over any land:
i: receiving and managing private funding, contributions, or sponsorship for the promotion of walking access:
j: researching, educating the public about, and participating in topics and programmes related to walking access:
k: developing, promoting, and maintaining the code of responsible conduct:
l: administering walkways under this Act, with planning and supervision focused at a local level:
m: monitoring the compliance with, and enforcement of, this Act in relation to walkways.
2: If the Commission is aware that a site is culturally sensitive, it must consider whether it is appropriate to publish a map or information indicating the location of the site before doing so.
11: Consideration of priorities for walking access over private land
In considering its priorities for negotiating walking access over private land, the Commission must take into account the desirability of walking access—
a: over land on the coast where there is not already walking access over the foreshore or the land adjoining the foreshore on its landward side:
b: over land adjoining rivers or lakes where there is not already walking access over the land:
c: to parts of the coast, rivers, or lakes to which there is not already walking access:
d: being continuous over land adjoining the coast, rivers, or lakes (for example, by replacing walking access that has become obstructed by being submerged beneath a body of water):
e: to conservation areas (within the meaning of section 2(1)
f: to areas of scenic or recreational value:
g: to sports fish (within the meaning of section 2(1) section 2(1)
2: Code of responsible conduct
12: Purpose and status of code
The purpose of sections 13 to 19
a: users of walking access; and
b: landholders of land on which walking access is located; and
c: landholders of land adjoining land on which walking access is located; and
d: controlling authorities of walkways.
13: Contents of code
1: The code may include all or any of the following:
a: summaries of benefits conferred and obligations imposed, by this Act or any other enactment, on members of the public and relevant landholders in relation to walking access:
b: recommendations on the standards of behaviour to be observed by users of walking access and relevant landholders, including in relation to sites of cultural significance:
c: information about the administration of walkways under this Act, including conditions on the use of walkways and the powers of enforcement officers in relation to walkways:
d: information about tikanga Māori (Māori customary values and practices) and Māori relationships with land and waterways:
e: any other information that the Commission considers would be useful for users of walking access and relevant landholders.
2: The code may make recommendations that are specific to a local area or a region.
14: Preparation of draft code
The Commission must prepare a draft code as soon as practicable after the commencement of this Act.
15: Notice of draft code to public
1: The Commission must, by any means it thinks appropriate,—
a: give notice of the draft code to the public; and
b: invite members of the public to comment on the draft code.
2: The Commission must ensure that—
a: the notice is widely published; and
b: the draft code is readily available to members of the public; and
c: a reasonable period of time is allowed for members of the public to comment on the draft code.
3: The Commission must consider each comment it receives under this section.
16: Matters to be considered
1: Before issuing a code under section 17
a: reconsider the content of the draft code; and
b: be satisfied that the recommendations on standards of behaviour (if any) are appropriate.
2: In complying with subsection (1), the Commission must have regard to—
a: any comments about the code received by the Commission; and
b: the purpose of this Act; and
c: any other matters that the Commission thinks are relevant to its considerations.
17: Issue of code
The Commission may issue the code at a time, and in a manner and form, that the Commission thinks appropriate.
18: Amendment or revocation of code
1: The Commission may, at any time,—
a: amend the code; or
b: revoke the code and substitute another code.
2: Sections 14 to 17
3: However, sections 14 to 17
19: Availability of code
The Commission must ensure that copies of the code are readily available to members of the public—
a: for inspection; and
b: for purchase at a reasonable price.
3: Walkways: Establishment and administration
1: Establishment of walkways
Establishment of walkways over public land
20: Proposal to declare walkway over public land
If the Commission considers that all or part of any public land should be made available for use as a walkway, it may propose to declare all or that part of the land (as the case may be) to be a walkway.
21: Administering authority's consent required for walkway over public land
1: If the Commission proposes to declare any public land to be a walkway, it must obtain the written consent of the administering authority of the land to do so.
2: If the administering authority consents to the declaration of the walkway, it may impose any conditions in relation to the walkway when granting consent.
22: Plan of walkway over public land
1: Any public land that is to be declared a walkway must be defined on a plan.
2: The plan must define the land in accordance with rules made by the Surveyor-General under section 49 section 47(5)
3: The plan must be lodged with the chief executive and recorded in the cadastre.
23: Name of walkway over public land
1: The Commission must assign a distinctive name to a walkway over public land.
2: In assigning the name, the Commission must take into account the views (if any) of—
a: hapū or iwi that have manawhenua (customary authority over land) in the area in which the walkway is located; and
b: any other persons or organisations that the Commission considers representative of persons who have an interest in the naming of the walkway.
24: Declaration of walkway over public land
1: The Commission may, after complying with sections 21 to 23
a: declaring the land to be a walkway; and
b: assigning a distinctive name to the walkway; and
c: specifying any conditions imposed in relation to the walkway by the Commission or by the administering authority when granting consent to the walkway.
2: A notice under this section is secondary legislation ( see Part 3
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 •	notify it in the Gazette •	publicly notify it in a daily or other newspaper circulating in the area in which the walkway is located •	if the Commission thinks it desirable in the circumstances, publicly notify it by any other method Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 24(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
25: Registration of notice declaring walkway over public land
1: If public land that is declared to be a walkway is subject to the Land Transfer Act 2017 section 24(1)
2: The Registrar-General must record the particulars of the Section 25(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 25(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Establishment of walkways over private land
26: Negotiation of walkway over private land
If the Commission considers that all or part of any private land should be made available for use as a walkway, it may negotiate an agreement with the landholder for—
a: an easement or lease over all or that part of the land (as the case may be) for use as a walkway; or
b: the purchase of any land that includes all or that part of the land (as the case may be) proposed for use as a walkway.
27: Maori freehold land
1: If the Commission proposes to negotiate under section 26
a: in the case of Maori freehold land vested in the trustees of a trust constituted under Part 12
b: in the case of Maori freehold land vested in a Maori incorporation (within the meaning of Te Ture Whenua Maori Act 1993
c: in the case of Maori freehold land vested other than in trustees or an incorporation referred to in paragraph (a) or (b), with the sole owner, joint tenants, or owners in common of that land, as the case may be; and
d: in the case of Maori freehold land owned, vested, or held in any other capacity, with the person in whose name the land is registered.
2: The provisions of Te Ture Whenua Maori Act 1993
a: any easement or lease obtained over Maori freehold land for use as a walkway; and
b: any purchase of Maori freehold land that includes land proposed for use as a walkway.
28: Plan of walkway over private land
1: Any private land that is to be declared a walkway must be defined on a plan.
2: The plan must define the land in accordance with rules made by the Surveyor-General under section 49 section 47(5)
3: The plan must be lodged with the chief executive and recorded in the cadastre.
4: To avoid doubt, this section and section 29 record of title Section 28(4) amended 12 November 2018 section 250 Land Transfer Act 2017
29: Registration of easement, lease, or transfer
1: The Commission must lodge with the Registrar-General, in a form registrable under the Land Transfer Act 2017
a: an easement or lease obtained under section 26
b: a transfer to the Commission of the fee simple estate in land purchased under section 26
2: The Registrar-General must register the easement, lease, or transfer upon receiving it. Section 29(1) amended 12 November 2018 section 250 Land Transfer Act 2017
30: Name of walkway over private land
1: The Commission must assign a distinctive name to a walkway over private land.
2: In assigning the name, the Commission must take into account the views (if any) of—
a: hapū or iwi that have manawhenua (customary authority over land) in the area in which the walkway is located; and
b: any other persons or organisations that the Commission considers representative of persons who have an interest in the naming of the walkway.
31: Declaration of walkway over private land
1: This section applies to private land proposed for use as a walkway and in respect of which the Commission has complied with sections 26 to 30
2: The Commission must publish a notice
a: declaring the land to be a walkway; and
b: assigning a distinctive name to the walkway; and
c: specifying any conditions imposed under the easement or lease (if any) in relation to the walkway.
3: A notice under this section is secondary legislation ( see Part 3
4: 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 •	notify it in the Gazette •	publicly notify it in a daily or other newspaper circulating in the area in which the walkway is located •	if the Commission thinks it desirable in the circumstances, publicly notify it by any other method Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 31(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
32: Registration of notice declaring walkway over private land
1: The Commission must lodge with the Registrar-General a copy of the section 31(2)
2: The Registrar-General must record the particulars of the Section 32(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 32(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
2: Rights of public and powers of Commission in relation to walkways
33: Rights of public to use walkways
1: Members of the public may, at any time and without charge,—
a: pass or repass over any walkway on foot; and
b: perform any activity that is reasonably incidental to that passing or repassing.
2: Subsection (1) does not prevent any member of the public who requires mobility assistance due to a physical or neurological impairment from using a personal mobility device on a walkway.
3: Subsections (1) and (2) are subject to—
a: the provisions of this Act and any other enactment relating to the administration or control of public land; and
b: any conditions imposed in relation to a walkway.
34: Powers of Commission in relation to walkways
The Commission's powers in relation to walkways include the power to—
a: make any arrangements that the Commission considers necessary or desirable to make a walkway reasonably accessible to members of the public:
b: promote, supervise, or control activities of committees appointed, or organisations approved, by the Commission for the establishment or enjoyment of walkways by the public:
c: monitor controlling authorities in the exercise of their powers and performance of their functions:
d: provide for enforcement under Part 4
3: Controlling authorities of walkways
35: Appointment of controlling authorities
1: The Commission may appoint a department, local authority, or public body, or the Commissioner of Crown Lands, to be the controlling authority of a walkway.
2: The Commission may, at any time, review an appointment made under subsection (1) and, if the Commission thinks fit, revoke the appointment.
3: However, before appointing a department under subsection (1) or revoking the appointment of a department under subsection (2), the Commission must obtain the consent of the Minister responsible for the department.
4: A local authority of a district or region may be appointed as the controlling authority of a walkway despite any part of the walkway being located within the district or region (as the case may be) of another local authority, but only if the Commission first consults both local authorities.
5: This section is subject to section 36
36: Appointment of controlling authorities for walkways on public land
1: If public land has been declared to be a walkway under section 24
2: However, if the administering authority advises the Commission, in writing, that it does not consent to becoming the controlling authority,—
a: subsection (1) does not apply; and
b: the Commission may appoint a controlling authority in accordance with section 35
3: If there is no controlling authority under this section or section 35
4: To avoid doubt, if the Commission becomes the controlling authority under subsection (3), the Commission may subsequently, in accordance with section 35
37: Functions and powers of controlling authorities
1: A controlling authority of a walkway has the following functions:
a: erecting and maintaining poles, markers, or other suitable indicators to mark the line of the walkway:
b: erecting and maintaining, at the controlling authority’s discretion,—
i: any stiles, fences, or other structures that are necessary or desirable to enable members of the public to use the walkway:
ii: notices warning members of the public who use the walkway not to trespass on any land adjoining the walkway:
c: providing for the proper control and use of the walkway:
d: generally promoting and maintaining the walkway for the pleasure, safety, and welfare of members of the public.
2: A controlling authority of a walkway has the power to do anything that is reasonably necessary or desirable to enable it to carry out its functions, including—
a: developing, improving, and maintaining the walkway:
b: establishing any camping grounds, huts, hostels, accommodation houses, or other facilities or amenities on the walkway or land adjoining the walkway:
c: imposing charges for the use of facilities or amenities:
d: spending money in the discharge of its functions and powers in respect of the walkway, as long as the controlling authority is not prohibited from doing so by another enactment or any rule of law.
3: A controlling authority may establish, or impose a charge for, facilities or amenities on a walkway or land adjoining a walkway only if—
a: it is not inconsistent with any conditions imposed in relation to the walkway; and
b: either—
i: it is provided for by the easement or lease relating to the walkway (if any), but only in the case of facilities or amenities on the walkway; or
ii: the controlling authority obtains the written consent of the landholder of the land on which the facilities or amenities are, or are proposed to be, located.
4: Closure and revocation of walkways
38: Closure of walkways
1: A controlling authority may close a walkway if it is satisfied on reasonable grounds that the walkway should be closed—
a: for safety reasons; or
b: during an emergency; or
c: for maintenance or development work on the walkway; or
d: at the request of the landholder of land adjoining the walkway.
2: A controlling authority must close a walkway if it considers that the closure is necessary to comply with a condition imposed in relation to the walkway.
3: A walkway must not be closed for any longer than the controlling authority considers necessary.
4: A controlling authority—
a: must notify the Commission of a closure—
i: in advance of the closure (if advance notice is reasonably practicable); or
ii: immediately after the closure (if advance notice is not reasonably practicable); and
b: must notify members of the public of a closure in accordance with section 39
39: Public notification of closure of walkway
1: A closure must be publicly notified—
a: by signs erected at all points at which the closed walkway could be entered; and
b: in a daily or other newspaper circulating in the area in which the walkway is located; and
c: if the controlling authority thinks it desirable in the circumstances, by any other method of giving public notice.
2: All signs and notices under subsection (1) must specify—
a: the name of the walkway; and
b: the period during which the walkway will be closed; and
c: that it is an offence to enter the walkway during the period of closure; and
d: the reason for the closure.
3: A closure is not invalid merely because a notice required under subsection (1)(b)—
a: was not published; or
b: was published late; or
c: did not contain the information required by subsection (2).
40: Revocation of notice declaring walkway
1: The Commission may by notice
a: the land on which the walkway is located is no longer suitable or available for use as a walkway; or
b: the Commission and the controlling authority of the walkway agree that it is no longer appropriate to retain the walkway.
2: Land may become unsuitable or unavailable for use as a walkway for any reason, including because of—
a: the expiry of the easement or lease over the land; or
b: a condition imposed in relation to the walkway; or
c: the need to protect the environment; or
d: the need for public safety.
3: A notice under this section is secondary legislation ( see Part 3
4: 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 •	notify it in the Gazette •	publicly notify it in a daily or other newspaper circulating in the area in which the walkway is located •	if the Commission thinks it desirable in the circumstances, publicly notify it by any other method Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 40(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 40(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 40(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
41: Registration of notice revoking walkway
1: If a walkway is revoked under section 40 Land Transfer Act 2017 section 40(3)
2: The Registrar-General must record the particulars of the Section 41(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 41(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 41(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
42: Surrender of easements and leases
If a walkway over private land is revoked under section 40
a: the easement or lease relating to the former walkway (if any) is surrendered; and
b: the surrender is registered.
4: Compliance, enforcement, and miscellaneous provisions
1: Enforcement officers and their powers in relation to walkways
Appointment and removal
43: Appointment and removal of enforcement officers
1: The Commission may, by written notice, appoint as enforcement officers—
a: people who are suitably qualified and trained:
b: on the recommendation of a controlling authority, officers of the controlling authority who are suitably qualified and trained.
2: An enforcement officer—
a: is appointed for a term not exceeding 3 years, but may be reappointed:
b: may be removed from office by the Commission, by written notice, for inability to perform the functions of the office, legal incapacity, neglect of duty, or misconduct, proved to the satisfaction of the Commission:
c: may at any time resign office by written notice to the Commission.
3: An enforcement officer appointed under subsection (1) is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 Public Service Act 2020 Section 43(3) amended 7 August 2020 section 135 Public Service Act 2020
44: Other persons also enforcement officers under this Act
The following persons are, by right of office, also enforcement officers for the purposes of this Act:
a: every sworn member of the police; and
b: every fish and game ranger and warranted officer, within the meaning of section 2(1)
45: Appointment and removal of honorary enforcement officers
1: The Commission may, by written notice, appoint fit and proper people who are suitably qualified and trained to be honorary enforcement officers.
2: An honorary enforcement officer—
a: is appointed for a term not exceeding 3 years, but may be reappointed; and
b: may be removed from office by the Commission, by written notice, if the Commission considers for any reason that the person is no longer a fit and proper person to be an honorary enforcement officer; and
c: may at any time resign office by written notice to the Commission.
3: The Commission may reimburse an honorary enforcement officer for reasonable expenses incurred while performing his or her duties under this Act if the Commission—
a: has authorised the officer to incur expenses up to a specified amount; and
b: has subsequently approved those expenses.
4: An honorary enforcement officer is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 Public Service Act 2020 Section 45(4) amended 7 August 2020 section 135 Public Service Act 2020
46: Warrants of appointment
1: The Commission must issue a written warrant to—
a: every enforcement officer appointed under section 43(1)
b: every honorary enforcement officer appointed under section 45(1)
2: A warrant of appointment must state—
a: the powers the officer may exercise under sections 50 51
b: the area or areas in relation to which the officer may exercise the powers, or that the officer may exercise the powers throughout New Zealand.
47: Surrender of warrant
On the termination of the appointment of an enforcement officer or honorary enforcement officer, the officer must surrender to the Commission—
a: his or her warrant issued under section 46
b: any article of uniform, badge of office, or equipment issued to the officer. Powers of enforcement officers and honorary enforcement officers
48: Exercise of powers
1: Before an enforcement officer or honorary enforcement officer exercises his or her powers under this Part, the officer must produce his or her warrant of appointment (unless it would be impracticable to do so).
2: It is sufficient evidence that a person is an officer under this Part if the person produces—
a: his or her warrant of appointment as an enforcement officer or honorary enforcement officer; or
b: evidence that the officer holds an office described in section 44
3: An enforcement officer or honorary enforcement officer exercising a power under this Part may call on any person in the vicinity for assistance, and the person called upon is authorised to assist the officer, as long as the person acts under the direction and supervision of the officer.
49: Use of dog or vehicle
An enforcement officer or honorary enforcement officer exercising a power under this Part may enter onto a walkway with a vehicle or a dog if the officer believes, on reasonable grounds, that the vehicle or dog is necessary for the purposes of exercising the power.
50: Power to interfere to prevent or stop offending
An enforcement officer or honorary enforcement officer may—
a: summarily interfere to prevent an offence; and
b: require a person whom he or she believes on reasonable grounds to be committing, or to be about to commit, an offence, to stop doing an act.
51: Power to require personal details
If an enforcement officer or honorary enforcement officer believes, on reasonable grounds, that a person has committed, is committing, or is about to commit, an offence, the enforcement officer may require the person—
a: to give his or her full name, residential address, and date of birth; and
b: to produce evidence of his or her full name, residential address, and date of birth.
52: Protection of persons acting under authority of this Part
A person who does, or omits to do, an act in the course of performing a duty or exercising a power under this Part is under no civil or criminal liability for that act or omission unless the person acts, or omits to act, in bad faith or without reasonable grounds.
2: Offences and penalties in relation to walkways
53: How proceedings commenced
1: Proceedings are commenced by filing a charging document under section 14
1A: Despite anything to the contrary in section 25
2: Any person, including the Commission, an enforcement officer, or an honorary enforcement officer, may file a charging document Section 53(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(1A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences
54: Strict liability offences
1: Every person commits an offence who, without lawful authority under this Act (for example, under section 55(2)
a: takes any plant (other than a noxious weed) growing on or adjacent to a walkway; or
b: has in his or her possession a firearm while on a walkway; or
c: discharges a firearm on, adjacent to, or across a walkway; or
d: brings a horse or dog onto, or has control of a horse or dog on, a walkway; or
e: sets a net, trap, or snare, or places poison or explosives, on or adjacent to a walkway (except a net or trap set for the purposes of fishing in a water body or lake adjacent to a walkway); or
f: lights a fire on a walkway (other than in a fireplace provided by the controlling authority responsible for the walkway); or
g: having lit a fire on a walkway in a fireplace provided by the controlling authority, fails to extinguish the fire before leaving the walkway; or
h: uses a vehicle on a walkway; or
i: erects a structure on or over a walkway.
2: The onus is on the defendant to prove that at the time of the alleged offence an activity is authorised.
3: In prosecuting an offence against subsection (1), the prosecution does not need to prove that the defendant—
a: intentionally or recklessly committed the offence; or
b: knew that the offence occurred on or in relation to a walkway.
4: In this section,— dog section 2 noxious weed plan Part 5 plant
a: means any member of the plant kingdom and any part of or seed or spore from any plant; and
b: includes any algae, bacteria, or fungi take
a: by any means; and
b: whether or not the plant or part of it is removed from, or subsequently returned alive or dead to, the land on which it grew. Section 54(4) noxious weed amended 18 September 2012 section 93 Biosecurity Law Reform Act 2012
55: Defences to strict liability offences
1: It is a defence to an offence against section 54(1)
a: that the defendant took all reasonable steps to ensure that the offence was not committed; or
b: that the act or omission of the defendant took place or occurred in an emergency and was consistent with providing for the safety and welfare of a person.
2: A person is not guilty of an offence against section 54(1)
a: was at the time the landholder of the land on which the walkway is located; or
b: did that thing—
i: with the permission of the landholder of that land; or
ii: in accordance with an agreement between the landholder of that land and the controlling authority of the walkway.
3: The defences set out in this section do not limit any other defences that may be available.
56: Offences requiring knowledge, intent, or recklessness
1: Every person commits an offence who, without authority from the landholder on whose land a walkway is located or, if relevant, the landholder of the land adjacent to the walkway,—
a: enters or remains on the walkway if the walkway—
i: is closed under section 38
ii: was closed under section 28
b: interferes with or disturbs livestock or wildlife on or adjacent to the walkway; or
c: damages, destroys, or alters a structure that is on, over, or adjacent to the walkway.
2: Every person commits an offence who—
a: obstructs walking access on or over a walkway; or
b: after being required to remove an obstruction that is on or over a walkway by an enforcement officer or honorary enforcement officer, fails to remove the obstruction; or
c: makes a false report that an offence against section 54
d: annoys, disturbs, or endangers—
i: any person using a walkway; or
ii: an enforcement officer, an honorary enforcement officer, or the landholder on whose land a walkway is located or whose land adjoins a walkway; or
e: obstructs, threatens, or attempts to intimidate—
i: the landholder on whose land a walkway is located or whose land adjoins a walkway; or
ii: a person using a walkway; or
f: fails to comply with a requirement of an enforcement officer or honorary enforcement officer acting under section 51
g: impersonates or falsely represents himself or herself to be an enforcement officer or honorary enforcement officer or a person acting under the instructions of an officer; or
h: while an enforcement officer or honorary enforcement officer is acting in the exercise of his or her powers or in the discharge of his or her duties under this Part,—
i: obstructs, resists, threatens, or attempts to intimidate the officer or any person acting under the instructions of the officer; or
ii: uses language that is abusive or threatening to the officer or assisting person; or
iii: behaves in a threatening manner to the officer or assisting person.
3: In prosecuting an offence against subsection (1) or (2), the prosecution must prove that the defendant knowingly, intentionally, or recklessly committed the offence.
4: In this section,— livestock section 2(1) obstructs wildlife section 2(1)
57: Not offence if authorised by regulations
A person is not guilty of an offence against this Act if the act or omission of the person is authorised by regulations made under this Act.
58: Relationship with offence provisions in other enactments
If there is an inconsistency between an offence under this Act and an offence under any other enactment, in relation to the administration or control of public land, the provisions of that other enactment prevail. Penalties
59: Penalties
1: A person who commits an offence against section 54
2: A person who commits an offence against section 56 Section 59(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 59(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
60: Penalties for continuing offences
A person who commits an offence against section 56(2)(b)
61: Penalties for bodies corporate
A body corporate that commits an offence against section 54 56 Section 61 amended 1 July 2013 section 413 Criminal Procedure Act 2011
62: Liability of directors and managers
If a body corporate is convicted of an offence, every director and every person concerned in the management of the body is guilty of the same offence, if the prosecution proves—
a: that the act or omission that constituted the offence took place or occurred with the director’s or the manager’s authority, permission, or consent; or
b: that the director or the manager knew or could reasonably be expected to have known that the offence was committed, was being committed, or was about to be committed, and failed to take all reasonable steps to prevent or stop it.
63: Sentence of community work
A court may sentence a person who commits an offence against section 54 56 Part 2
64: Offenders liable for loss, damage, or costs
1: A person convicted of an offence under this Part is liable, in addition to the penalty for the offence, for any loss, damage, and expenses arising from, or caused by, the act or omission constituting the offence, including (as the case may be)—
a: the full market value of any thing removed from a walkway or from land adjoining a walkway; and
b: the reasonable costs—
i: of returning any animals or plants to the walkway or to land adjoining the walkway; and
ii: of repairing any damage done to the walkway or to land adjoining the walkway; and
c: all necessary and reasonable actions required to—
i: remedy any loss caused by the offence; or
ii: prevent an offence.
2: In assessing an amount payable under subsection (1), the court may take into account the salaries, wages, and incidental expenses incurred in investigating the act constituting the offence or in remedying any loss or damage caused by the offence.
3: An amount payable under subsection (1) may be awarded by the court in fixing a penalty and is recoverable in the same manner as a fine.
65: Evidence in proceedings
1: In any proceedings for an offence, a certificate, lease, licence, map, plan, or copy certified as true by the Commission, the Director-General of Conservation, or the chief executive (or an officer authorised by the Commission, the Director-General of Conservation, or the chief executive) is sufficient evidence of its contents—
a: without production of the original records; and
b: without the personal attendance of the certifying officer or proof of his or her signature.
2: Subsection (1) applies unless the defendant adduces evidence to the contrary and the interests of justice require the attendance of the certifying officer.
3: Miscellaneous provisions
Liability of landholders in relation to walking access
66: Limitation on liability of landholders
1: A landholder is not liable for any loss or damage suffered by a person using—
a: walking access on the landholder's land, in the case of private land; or
b: a walkway on the landholder's land, in the case of public land.
2: The liability referred to in subsection (1)—
a: means liability under—
i: the Occupiers’ Liability Act 1962
ii: any common law rule referred to in section 3
b: includes liability for both compensatory and exemplary damages.
3: However, subsection (1) does not apply to any loss or damage caused by the landholder’s deliberate act or omission. Regulations and bylaws in relation to walkways
67: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the maintenance of good order on walkways:
b: providing for the conditions under which the public may enter, remain on, or use any walkway:
c: prescribing conditions applying and charges payable in respect of the use of facilities on any walkway:
d: providing for strict liability offences in the event of a breach of any regulation and prescribing penalties, not exceeding $1,000, for those offences:
e: providing for any other matters contemplated by or necessary to give full effect to this Act and for its due administration.
2: Regulations made under this section may apply—
a: throughout New Zealand; or
b: to an area specified in the regulations; or
c: to any walkway specified in the regulations.
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 67(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
68: Bylaws
1: A controlling authority (other than a department that is a controlling authority) may make bylaws for 1 or both of the following purposes:
a: providing for the maintenance of good order on walkways:
b: providing for the conditions under which the public may use any walkway.
2: Bylaws apply to any walkway—
a: over which the controlling authority has jurisdiction; and
b: that is specified in the bylaws.
3: Bylaws made under subsection (1)—
a: must not be inconsistent with this Act or any regulations made under section 67
b: must be made,—
i: if the controlling authority is a local authority, in accordance with section 156(1)
ii: if the controlling authority is not a local authority,—
A: only after the controlling authority has taken into account the views (if any) of the persons or organisations that it considers representative of the interests of persons likely to be substantially affected by the bylaws; and
B: by resolution of the controlling authority and signed by at least 2 members of the controlling authority who are authorised to do so.
4: Despite anything to the contrary in this Act or in any other enactment, the controlling authority must not delegate the power conferred by subsection (1).
5: A person who fails to comply with any bylaw made under this section contravenes this subsection and is liable, on Section 68(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
69: Bylaws to be approved by Commission and published
1: A controlling authority that makes bylaws under section 68
2: The approved bylaws are secondary legislation ( see Part 3
3: That Act applies as if—
a: the Commission were the maker of the bylaws; and
b: the bylaws were made by the Commission approving them.
4: Publication of the bylaws in accordance with subsection (2) is, in the absence of proof to the contrary, evidence that the bylaws have been properly made and approved under this Part. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	publish it in the Gazette •	publish it in a daily or other newspaper circulating in the area in which the walkway is located •	if the controlling authority thinks it desirable in the circumstances, by any other method of giving public notice •	make copies of it available for inspection and purchase at the offices of the controlling authority, and if the controlling authority is not a local authority, at the office of every local authority in whose district or region the walkway is located Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 69 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
70: Minor changes and error corrections
1: Despite the requirements for approval and publication under section 69
a: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
b: an existing status or capacity of any person to whom the bylaw applies.
2: In this section, publicly notify
a: in a daily or other newspaper circulating in the area in which the walkway is located; and
b: if the controlling authority thinks it desirable in the circumstances, by any other method of giving public notice. Section 70 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
71: Certain other requirements do not apply to bylaws
Section 157 section 68 Transitional provisions
72: Existing controlling authorities of walkways to continue
1: An entity that, immediately before the commencement of this Act, is a controlling authority appointed under section 11 section 35
2: If an administering authority or the Minister of Conservation is, immediately before the commencement of this Act, still deemed to be a controlling authority under section 11(3) section 36
73: Easements, leases, and agreements to vest in Commission
1: On the commencement of this Act, all easements, leases, and agreements entered into for the purposes of the New Zealand Walkways Act 1990
2: If an enactment provides for an easement to be granted or provided to the Crown under the New Zealand Walkways Act 1990
3: However, the Crown and the Commission are, together and separately, subject to any obligation or liability to which—
a: the Crown was subject, immediately before the commencement of this Act, under an easement, lease, or agreement referred to in subsection (1); and
b: the Commission is subject under an easement referred to in subsection (2) when that easement is granted or provided to the Commission.
4: The Crown is not in breach of any obligation referred to in subsection (3) as long as it takes all reasonable steps to satisfy the obligation.
5: Subsections (1) and (2) have effect whether or not any enactment, deed, or agreement permits, or requires consent to, those matters.
6: This section is subject to section 74
74: Agreements made under New Zealand Walkways Act 1990
1: This section applies to all agreements—
a: made under section 16(1)(a)
b: that were in existence immediately before the commencement of this Act.
2: The agreements referred to in subsection (1) are administered by the Minister of Conservation.
75: Grants and gifts to Commission
1: All money received under section 18 section 67
a: vests in the Commission; and
b: must be applied for the purposes for which the money was granted or gifted.
2: The vesting referred to in subsection (1)(a) occurs on the commencement of this Act.
76: Liability of Commission
1: The Commission is not liable for acts or omissions of any person under the New Zealand Walkways Act 1990
2: However, a proceeding commenced under the New Zealand Walkways Act 1990 Government Superannuation Fund in relation to Commission
77: Current contributors to Government Superannuation Fund
1: This section applies to any person who, immediately before being employed by the Commission, was a contributor to the Government Superannuation Fund under Part 2 2A
2: A person to whom subsection (1) applies is, for the purposes of the Government Superannuation Fund Act 1956
3: A person ceases to be deemed to be employed in the Government service when that person ceases to be employed by the Commission.
78: No entitlement to recommence contributions to Government Superannuation Fund
Section 77
79: Commission is controlling authority
For the purposes of applying the Government Superannuation Fund Act 1956 section 77 Review of Act
80: Minister must review Act
1: The Minister must, as soon as is reasonably practicable after the expiry of the period of 10 years from the commencement of this Act,—
a: prepare the terms of reference for a review of the Act, after consultation with the Commission; and
b: commence a review in accordance with those terms of reference to consider—
i: the need for this Act; and
ii: its operation and effectiveness; and
iii: whether any amendments to this Act are necessary or desirable.
2: Within 11 years of the commencement of this Act, the Minister must—
a: report on the findings of the review and any recommendations relating to this Act; and
b: present a copy of the report to the House of Representatives. Repeal and amendments
81: New Zealand Walkways Act 1990 repealed
The New Zealand Walkways Act 1990 2008-09-30 New Zealand Walkways Act 1990
82: Acts amended
The Acts specified in the Schedule 2008-09-30 Conservation Act 1987 Crown Entities Act 2004 Crown Pastoral Land Act 1998 Hauraki Gulf Marine Park Act 2000 Litter Act 1979 Ombudsmen Act 1975 Summit Road (Canterbury) Protection Act 2001


1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General and technical provisions
3: Purpose
1: The purpose of this Act is to confirm and validate certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
2: The validations effected by sections 12 14 15 section 4
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 12 14 15
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating any of those enactments; or
c: override any presumption that would otherwise apply to any of those enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2007 2008-09-30 Subordinate Legislation (Confirmation and Validation) Act 2007
2: Confirmations and validations
7: Animal Products Act 1999
The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2008 (SR 2008/137) are confirmed.
8: Civil Aviation Act 1990
The Civil Aviation (Aeronautical Information Service) Levies Amendment Order 2008 (SR 2008/130) is confirmed.
9: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Blackcurrants) Order 2007 (SR 2007/329):
b: Commodity Levies (Feijoas) Order 2008 (SR 2008/102).
10: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition (Trout) Order 2007 (SR 2007/298):
b: Excise and Excise-equivalent Duties (Tobacco Products Indexation) Amendment Order 2007 (SR 2007/345):
c: Customs Export Prohibition (Livestock for Slaughter) Order 2007 (SR 2007/400):
d: Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2008 (SR 2008/124).
11: Electronic Transactions Act 2002
The Electronic Transactions (Amendments to Schedule) Order 2008 (SR 2008/113) is confirmed.
12: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2008 (SR 2008/53) is validated and confirmed.
13: Road User Charges Act 1977
The Road User Charges (Rates) Order 2008 (SR 2008/178) is confirmed.
14: Tariff Act 1988
The following orders are validated and confirmed:
a: Tariff (Concession) Amendment Order (No 2) 2007 (SR 2007/315):
b: Tariff (Concession Reference Number 80) Amendment Order 2008 (SR 2008/154).
15: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2008 (SR 2008/56) is validated and confirmed.


1: Title
This Act is the Holidays (Transfer of Public Holidays) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Principal Act amended
This Act amends the Holidays Act 2003 2008-09-30 Holidays Act 2003
4: Purpose
The purpose of this Act is to amend the public holidays provisions of the principal Act to provide for the transfer of public holidays in limited circumstances.
2: Amendments to principal Act
5: Interpretation
Section 5(1) public holiday public holiday
a: means a day specified in section 44(1); and
b: if there is a written agreement under section 44A
i: includes a period of 24 hours agreed to be treated as a public holiday; but
ii: excludes a part of a day specified in section 44(1) agreed to be treated as not part of a public holiday .
6: Purpose of this subpart
Section 43
b: to provide for the transfer of public holidays in limited circumstances:
c: to specify the entitlements of employees in relation to public holidays.
7: Days that are public holidays
Section 44
8: New section 44A inserted
The following section is inserted after section 44
44A: Transfer of public holiday
1: This section applies if—
a: an employee is to start work on a day and finish work on the following day; and
b: 1 or both of those days are specified in section 44(1).
2: The employee and his or her employer may agree in writing (whether in an employment agreement or otherwise)—
a: that part of 1 or both days specified in section 44(1) is to be treated as not part of a public holiday; and
b: that,—
i: if the agreement relates to only 1 day specified in section 44(1), a period of 24 hours is to be treated as a public holiday if the period—
A: is to start or finish during the day specified in section 44(1); and
B: includes the period from when the employee is to start work to when the employee is to finish work:
ii: if the agreement relates to 2 days specified in section 44(1), 2 separate periods of 24 hours are to be treated as public holidays if each period—
A: is to start or finish during the days specified in section 44(1); and
B: includes the period from when the employee is to start work to when the employee is to finish work.
3: To avoid doubt, a period of 24 hours agreed under this section to be treated as a public holiday is a public holiday whether or not the employee works during that period.
4: An agreement under subsection (2) Example An employee is to work from 10 pm on 24 April to 6 am on Anzac Day and from 10 pm on Anzac Day to 6 am on 26 April. The employer and employee can agree to treat 10 pm to midnight on Anzac Day as not part of a public holiday in exchange for treating a period of 24 hours that finishes on Anzac Day as a public holiday. Just when the 24-hour period starts before or finishes after a work period is a matter for the parties to agree on. For instance, they could agree that it runs from midday on 24 April to midday on Anzac Day.


1: Title
This Act is the Public Lending Right for New Zealand Authors Act 2008.
2: Commencement
This Act comes into force on 1 January 2009.
1: Preliminary provisions
3: Purposes
The purposes of this Act are—
a: to establish the public lending right for New Zealand authors scheme; and
b: to disestablish the New Zealand Authors' Fund.
4: Interpretation
In this Act, unless the context requires another meaning,— advisory group section 17 author section 5 book section 6 chief executive Minister
a: under the authority of a warrant; or
b: under the authority of the Prime Minister New Zealand author section 7 New Zealand library section 8 register section 13(1) regulations scheme
5: Meaning of author
1: Author
a: satisfies subsection (2); and
b: satisfies whichever of subsections (3) to (5) is applicable to him or her; and
c: is not excluded from being an author by any of subsections (6) to (8); and
d: satisfies conditions applicable to him or her added to this definition by regulations, if there are any such regulations.
2: Author
3: If a book's intellectual content is expressed only in text, author
4: If a book's intellectual content is expressed only in illustrations, author
5: If a book's intellectual content is expressed in text and in illustrations, author
6: Author
7: Author
8: Author
6: Meaning of book
1: Book
a: is listed in the national bibliographic database of the National Library of New Zealand Te Puna Mātauranga o Aotearoa; and
b: is not excluded from being a book by any of subsections (2) to (5); and
c: satisfies conditions applicable to it added to this definition by regulations, if there are any such regulations.
2: Book
3: Book
4: Book
5: Book
7: Meaning of New Zealand author
New Zealand author
a: is a New Zealand resident as defined in section YD 1
b: satisfies conditions applicable to him or her added to this definition by regulations, if there are any such regulations.
8: Meaning of New Zealand library
New Zealand library
a: makes its books available for use in New Zealand; and
b: satisfies conditions applicable to it added to this definition by regulations, if there are any such regulations.
9: Act binds the Crown
This Act binds the Crown.
2: Public lending right for New Zealand authors scheme
10: Establishment of scheme
This Act establishes the public lending right for New Zealand authors scheme.
11: Purpose of scheme
The purpose of the scheme is to provide for New Zealand authors to receive payments in recognition of the fact that their books are available for use in New Zealand libraries.
12: Payments under scheme
1: The chief executive must make annual payments under the scheme to New Zealand authors in accordance with regulations.
2: If a New Zealand author dies after entering his or her name in the register for the year, the chief executive must make the annual payment to which the author is entitled to the administrator of the author's estate.
13: Register for purposes of scheme
1: The chief executive must keep a register in accordance with regulations.
2: A person who is eligible under regulations for payments under the scheme, and who wants to receive payments under the scheme, must enter his or her name in the register annually in accordance with regulations.
14: Matters that may be dealt with in regulations
1: Regulations may deal with the matters described in this section.
2: Regulations may add conditions to the definitions of author book New Zealand author New Zealand library sections 5 to 8
3: Regulations may specify the eligibility criteria for both books and New Zealand authors that entitle authors to payments under the scheme.
4: Regulations may specify the kind of New Zealand library in which a New Zealand author's book must be available so as to entitle the author to payments under the scheme.
5: Regulations may specify how New Zealand libraries are to be surveyed or sampled to establish the availability in them of a New Zealand author's book.
6: Regulations may describe the method by which payments under the scheme are calculated.
7: Regulations may prescribe requirements for the keeping of the register.
8: Regulations may specify who may enter his or her name in the register and how he or she is to do it.
9: Regulations may describe the process that a person must follow to challenge a decision affecting him or her made in the course of the scheme's administration.
10: Regulations may provide for any other matters that are contemplated by this Act, necessary for its administration, or necessary to give it full effect.
15: Consultation on proposal for regulations
1: The chief executive must consult the advisory group on a proposal to make regulations.
2: The chief executive must—
a: give the advisory group notice of the proposal; and
b: give the advisory group an opportunity to give its advice; and
c: consider the advice.
3: The chief executive must advise the Minister of the results of the consultation.
4: The Minister must—
a: satisfy himself or herself that the chief executive has consulted as required by subsection (2); and
b: take the results of the consultation into account; and
c: decide whether or not to recommend the making of the regulations to the Governor-General.
16: Regulation-making power
1: The Governor-General may make regulations by Order in Council about one or more of the matters described in section 14
2: The Governor-General may make the regulations only after being advised by the Minister to do so.
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 16(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Advisory group
17: Establishment of advisory group
1: The chief executive must appoint an advisory group for the scheme.
2: The advisory group is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.
3: The members of the advisory group may be paid, out of public money, remuneration by way of fees, salaries, or allowances, and travelling allowances and travelling expenses, under the Fees and Travelling Allowances Act 1951. The provisions of that Act apply accordingly.
18: Membership of advisory group
1: The members of the advisory group—
a: must be persons who have appropriate experience, knowledge, and skills, in the chief executive's opinion; and
b: must include—
i: at least 1 representative of organisations of authors:
ii: at least 1 representative of organisations of librarians:
iii: a representative of 1 or more relevant government departments; and
c: may include any other person to whom paragraph (a) applies.
2: The following provisions apply to the terms of appointment of members of the advisory group:
a: the chief executive must fix a term of appointment for each member; and
b: each term must be for a period of less than 5 years; and
c: each term may be renewed.
3: A member of the advisory group ceases to be a member if he or she—
a: dies; or
b: gives the chief executive written or electronic notice of his or her resignation as a member; or
c: is adjudged bankrupt under the Insolvency Act 2006; or
d: becomes a special patient as defined in section 2(1)
e: becomes the subject of an order under the Protection of Personal and Property Rights Act 1988; or
f: is convicted of an offence punishable by a term of imprisonment of 2 years or more.
4: The chief executive may appoint a member to replace a member who has ceased to be a member.
5: The chief executive must consult the Minister before appointing members to the advisory group.
19: Functions of advisory group
1: The functions of the advisory group are—
a: to advise the chief executive on a proposal to make regulations when consulted under section 15
b: to advise the chief executive on policy and administrative matters affecting the scheme when at a meeting called under section 20
2: In addition to the occasions described in subsection (1), the chief executive may ask for the advisory group's advice at any time by any written or electronic means.
20: Meetings of advisory group
The chief executive must call a meeting of the advisory group at least once every 3 years.
21: New Zealand Authors' Fund
When this Act commences,—
a: section 31
b: the New Zealand Authors' Fund established by section 31 of the Arts Council of New Zealand Toi Aotearoa Act 1994 is dissolved; and
c: assets and liabilities of the New Zealand Authors' Fund become assets and liabilities of the scheme. 2009-01-01 Arts Council of New Zealand Toi Aotearoa Act 1994


1: Title
This Act is the Taxation (Urgent Measures and Annual Rates) Act 2008.
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: In Part 1 sections 3 4 15
a: the subsections (1)
b: the subsections (2)
c: the subsections (3)
3: In Part 2
a: sections 24 27 28
b: section 19(1)(a)
c: sections 19(1)(c) 21 25 26
d: sections 19(1)(d) 20(2) to (7) 22
4: In Part 3
a: sections 33(1) 40
b: section 41
c: sections 34 35
d: sections 29 31 33(2) 36(2) 37 39
e: section 32
5: In Part 4 sections 43 44 45 46 48 50 52 53 54 55 56(2) and (3) 57 58
1: Personal tax cuts
3: Application
In this Part sections 6 7 8 9 10 11 17
a: the subsections (1)
b: the subsections (2)
c: the subsections (3) Amendments to Income Tax Act 2007
4: Income Tax Act 2007
Sections 5 to 14 2009-04-01 Income Tax Act 2007
5: Payment of extra pay with other PAYE income payments
1: Section RD 17(2) Between $48,000 and $70,000
2: If the sum of the amounts referred to in subsection (1) is more than $48,000 but no more than $70,000, the amount of tax for the extra pay that must be withheld is the amount determined using the basic amounts of tax for PAYE income payments set out in schedule 2, part B, table 1, row 2 (Basic tax rates for PAYE income payments).
2: Section 5(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
6: Single rate option
1: In section RD 58(1) 64% 61%
2: Section 6(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
7: Alternate rate option
1: In section RD 59(3) 64% 61%
2: Section 7(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
8: Close company option
1: In section RD 60(3)(a) 64% 61%
2: Section 8(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
9: Small business option
1: In section RD 61(3)(a) 64% 61%
2: Section 9(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
10: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits: part A
1: Schedule 1 Table 1 Row Range of dollar in taxable income Tax rate 1 $0 – $14,000 0.125 2 $14,001 – $48,000 0.210 3 $48,001 – $70,000 0.330 4 $70,001 upwards 0.380 How to use this table:Find the range in the second column for each dollar in the person's taxable income, and apply the relevant rate for the dollar in the third column.
2:
3: Section 10(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009 Section 10(3) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
11: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits: part C
1: Schedule 1 Table 1 Row Range of dollar in all-inclusive pay Tax rate 1 $0 – $12,250 0.1429 2 $12,251 – $39,110 0.2658 3 $39,111 – $53,850 0.4925 4 $53,851 upwards 0.6129 How to use this table:Find the range in the second column for each dollar in the person's all-inclusive pay under section RD 51, and apply the relevant rate for the dollar in the third column.
2:
3: Section 11(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009 Section 12(3) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
12: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits: part D
1: Schedule 1 Table 1 Row ESCT rate threshold amount Tax rate 1 $0 – $16,800 0.125 2 $16,801 – $57,600 0.210 3 $57,601 upwards 0.330 How to use this table:Find the range in the second column for the last dollar of the amount of salary or wages under section RD 69(1), and apply the relevant rate in the third column.
2:
3: Section 12(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009 Section 13(3) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
13: Schedule 2—Basic tax rates for PAYE income payments: part A
1: In schedule 2 0.39 0.38
2:
3: Section 13(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009 Section 13(3) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
14: Schedule 2—Basic tax rates for PAYE income payments: part B
1: In schedule 2 0.39 0.38
2:
3: Section 14(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009 Section 14(3) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009 Amendments to Tax Administration Act 1994
15: Tax Administration Act 1994
Sections 16 17 Tax Administration Act 1994 2009-04-01 Tax Administration Act 1994
16: PAYE tax codes
1: Section 24B(3)(c)
c: S
d: SH .
2: Section 16(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
17: Annual returns of income not required
1: In section 33A(1)(b)
a: subparagraph (iv)(AA) is repealed:
b: in subparagraph (iv)(A), more than $40,000 but not more than $60,000 more than $48,000 but not more than $70,000
c: subparagraph (iv)(BA) is repealed:
d: subparagraph (v)(AA) is repealed:
e: in subparagraph (v)(A), more than $40,000 but not more than $60,000 more than $48,000 but not more than $70,000
f: subparagraph (v)(BA) is repealed:
g: subparagraph (vi)(AA) is repealed:
h: in subparagraph (vi)(A), more than $40,000 but not more than $60,000 more than $48,000 but not more than $70,000
i: subparagraph (vi)(BA) is repealed:
j: in subparagraph (vib), more than $40,000 more than $48,000
2: Section 17(2) repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
2: Research and development tax credits repeal
Amendments to Income Tax Act 2007
18: Income Tax Act 2007
Sections 19 to 22 Income Tax Act 2007 2008-04-01 Income Tax Act 2007 2009-04-01 Income Tax Act 2007 2009-10-01 Income Tax Act 2007
19: Subpart LH—Tax credits for expenditure on research and development
1: In subpart LH
a: in section LH 2
i: in subsection (1)(b), or a later income year
ii: in subsection (5), paragraphs (c) and (d) are repealed:
b: in section LH 6(5)
i: in paragraph (b), or a later income year
ii: in paragraph (c),––
A: or before
B: or a later income year
c: sections LH 1 to LH 6 LH 8 to LH 14 LH 16
d: section LH 15
2: Subsection (1)(a) and (b)
3: Subsection (1)(c)
20: Definitions
1: This section amends section YA 1
2: The definition of district health board
3: The definition of industry research co-operative
4: The definition of listed research provider
5: The definition of overseas eligible expenditure
6: The definition of research and development project
7: The definition of tertiary institution
21: Some definitions
1: Section YB 20(2)(ob)
2: Subsection (1)
22: Schedule 21 repealed––Expenditure and activities related to research and development
Schedule 21 Amendments to Tax Administration Act 1994
23: Tax Administration Act 1994
Sections 24 to 27 Tax Administration Act 1994 2007-12-19 Tax Administration Act 1994 2009-04-01 Tax Administration Act 1994
24: Interpretation
In section 3(1) response period
a: in subparagraph (i), 1–year period 2-year period
b: in subparagraph (ii), 1–year period 2-year period
25: Annual returns of income not required
1: Section 33A(2)(db)
2: Subsection (1)
26: Non-active companies may be excused from filing returns
1: Section 43A(2)(d)(iib)
2: Subsection (1)
27: Time bar for amendment of income tax assessment
In section 108(1B)(b) 1 year has 2 years have Amendments to Taxation (Business Taxation and Remedial Matters) Act 2007
28: Sections repealed
Sections 188(5) 229 232 (2) 2007-12-19 Taxation (Business Taxation and Remedial Matters) Act 2007
3: Annual rates, independent earner tax credit, and consequential personal tax cuts amendments
Annual rates of income tax for 2009–10 tax year
29: Rates of income tax for 2009–10 tax year
1: Income tax imposed by section BB 1 schedule 1
2: Section 61 2009-04-01 Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008 Amendments to Income Tax Act 2007
30: Income Tax Act 2007
Sections 31 to 37 Income Tax Act 2007 2008-04-01 Income Tax Act 2007 2008-10-01 Income Tax Act 2007 2009-04-01 Income Tax Act 2007
31: New heading and section LC 13
After section LC 12 Tax credits for independent earners
LC 13: Tax credits for independent earners
When this section applies
1: This section applies for a natural person, for a period (the credit period
a: is not receiving an income-tested benefit; and
b: is not receiving a veteran's pension; and
c: is not receiving New Zealand superannuation; and
d: is not entitled to a WFF tax credit; and
e: is not the spouse, civil union partner, or de facto partner of a person who is entitled to a WFF tax credit; and
f: is not receiving an amount that is—
i: granted outside New Zealand; and
ii: in the nature of, and paid for similar purposes as, a benefit, pension, superannuation payment, or tax credit described in paragraphs (a) to (d)
g: is not the spouse, civil union partner, or de facto partner of a person who receives an amount that is—
i: granted outside New Zealand; and
ii: in the nature of, and paid for similar purposes as, a tax credit described in paragraph (d)
h: is resident in New Zealand. Amount of credit
2: For the credit period, the person has a tax credit equal to the positive amount calculated using the formula–– (person's credit − full year abatement) × credit period months / 12. Definition of items in formula
3: The items in the formula are defined in subsections (4) to (6) Person's credit
4: Person's credit Full year abatement
5: Full year abatement Credit period months
6: Credit period months Defined in this Act: amount, civil union partner, de facto partner, income-tested benefit, net income, New Zealand superannuation, resident in New Zealand, tax credit, tax year, veteran's pension, WFF tax credit .
32: Tax credits for independent earners
Section 32 repealed 29 May 2009 section 3 Taxation (Budget Tax Measures) Act 2009
33: Interest
1: In section RE 12(3)(a) clause 4 or 5 clause 3 or 4
2: In section RE 12 Modification for 2009–10
4: Despite subsection (3)(a), the amount of tax that the person must withhold and pay may, if the person chooses, be calculated, under subsection (3), using a tax rate
a: the payment of resident passive income is made in the 2009–10 tax year; and
b: the tax rate under subsection (3)(a) would be 0.39 in the absence of this subsection.
34: Standard method: new personal tax rate persons from 1 October 2008 to end 2012–13 income year
1: In the heading to section RZ 5B 2012–13 2009–10
2: Section RZ 5B(4) to (6) is repealed.
35: GST ratio method: new personal tax rate persons from 1 October 2008 to end 2013–14 income year
1: In the heading to section RZ 5C, 2013–14 2009–10
2: Section RZ 5C(4) to (7) is repealed.
36: Definitions
1: This section amends section YA 1
2: In the definition of civil union partner and section LC 4 (Tax credits for transitional circumstances) and in sections LC 4 and LC 13
37: Schedule 2—Basic tax rates for PAYE income payments: part A
1: In the heading to schedule 2 M ML M ME ML
2: In schedule 2 M ML M ME ML
3: In the heading to schedule 2 M ML M ME ML
4: In schedule 2 M ML M ME ML Amendments to Tax Administration Act 1994
38: Tax Administration Act 1994
Sections 39 40 Tax Administration Act 1994 2008-04-01 Tax Administration Act 1994 2009-04-01 Tax Administration Act 1994
39: PAYE tax codes
In section 24B(3)
a: in paragraph (a), section LC 4 section LC 4 or LC 13
b: after paragraph (a), the following is inserted:
ab: ME section LC 13 .
40: Write-off of tax by Commissioner
After section 177C(1)
1B: The Commissioner may write off an amount of outstanding tax to the extent to which the amount––
a: is outstanding from the 2008–09 tax year; and
b: is tax payable under section MF 5(2) or MF 6(2) of the Income Tax Act 2007, or is otherwise the result of WFF tax credit overpayment or overcrediting; and
c: is outstanding due to amendments to the family scheme made by the Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008.
1C: The Commissioner must write off an amount, not exceeding $100, of outstanding tax to the extent to which the amount––
a: is outstanding from the 2008–09 tax year; and
b: is tax payable under section MF 5(2) or MF 6(2) of the Income Tax Act 2007, or is otherwise the result of WFF tax credit overpayment or overcrediting. Amendments to Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008
41: Sections repealed
Sections 7(2) to (4) 8(2) to (4) 10(2) to (4) 11(3) and (4) 13(2) and (3) 14(2) and (3) 15(2) and (3) 16(2) and (3) 18(2) and (3) 2008-05-29 Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008
4: KiwiSaver: 2% employee and employer contribution rates, and repeal of employer tax credits
Amendments to KiwiSaver Act 2006
42: KiwiSaver Act 2006
Sections 43 to 50 KiwiSaver Act 2006 2008-12-15 KiwiSaver Act 2006 2009-04-01 KiwiSaver Act 2006
43: Contribution rate
1: Section 64(1)(a)
a: 2% of the employee's gross salary or wages, if––
i: section 60(1)(a), (b) or (c) first applied in respect of the employee on or after 1 April 2009 and the employee has not given his or her employer a notice under subsection (2)
ii: section 66A applied in respect of the employee immediately before 1 April 2009; or
ab: 4% of the employee's gross salary or wages, if section 60(1)(a), (b) or (c) first applied in respect of the employee before 1 April 2009 and the employee has not given his or her employer a notice under paragraph (b); or .
2: Section 64(2)
2: Despite subsection (1) subsection (1) new rate
44: Contribution rates may be changed by Order in Council
In section 65(1)(a) either or both of the rates a rate
45: Obligation to make deductions: general rule
In section 66 , unless section 66A applies
46: Section 66A repealed
Section 66A
47: Compulsory contributions must be paid on top of gross salary or wages except to the extent that parties otherwise agree after 13 December 2007
Subsection 101B(4)
4: However, on and after 13 December 2007, parties to an employment relationship are free to agree contractual terms and conditions that disregard the purpose of this section described in subsection (1), and, to the extent of such agreement, subsections (1) to (3) do not apply, unless, in respect of the employer and employee,––
a: section 60(1)(a), (b) or (c) first applies on or after the day of assent for the Taxation (Urgent Measures and Annual Rates) Act 2008; and
b: the contractual terms and conditions do not account for the amount of compulsory contributions the employer is required to pay.
4A: In the circumstances described in subsection (4)(a) and (b) subsection (4)
a: compulsory contributions must be paid in addition to an employee's gross salary or wages described in section 101D(3), in accordance with the purpose of this section described in subsection (1); and
b: subsections (2) and (3) apply.
48: Compulsory employer contribution amount: general rule
Section 101D(4)(b)
b: 2%, if the payment of gross salary or wages is made for a pay period that is in a year starting on or after 1 April 2009.
49: New section 235
After section 234
235: Protection from non-compliance: Taxation (Urgent Measures and Annual Rates) Act 2008
1: If, as a result of amendments provided by the Taxation (Urgent Measures and Annual Rates) Act 2008, there is non-compliance with an Act related to securities before 14 February 2009, the non-compliance is ignored unless it continues on or after 14 February 2009.
2: Every provider of a KiwiSaver scheme or a complying superannuation fund, and every person acting on behalf of a provider is exempted in connection with the KiwiSaver scheme or complying superannuation fund from complying with regulation 7A(4) of the Securities Regulations 1983 in respect of information that must be disclosed in an investment statement because of changes to the scheme, fund, or the securities arising from any provision of the Taxation (Urgent Measures and Annual Rates) Act 2008.
3: The exemption in subsection (2)
4: The exemption in subsection (2)
a: set out in a consistent style or format; and
b: clearly identified as relating to particular questions.
5: Subsections (2) to (4)
50: Schedule 4 repealed––Transitional rates for employers and employees
Schedule 4 Amendments to Income Tax Act 2007
51: Income Tax Act 2007
Sections 52 to 57 Income Tax Act 2007 2009-04-01 Income Tax Act 2007
52: Contributions to employee's superannuation schemes
Section DC 7(1B)
53: Tax credits for superannuation contributions
Section MK 1(2)
54: Heading and sections MK 9 to MK 14 repealed
The heading before section MK 9
55: Employer's superannuation contributions
In section RD 65
a: subsection (4)(a) and (b) are replaced by the following:
a: for the employee's KiwiSaver scheme, or for their complying superannuation scheme and subject to the complying fund rules; and
b: no more than the amount of compulsory employer contributions that would be required, for the payment of salary or wages to which the current contribution relates, by subpart 3A of the KiwiSaver Act 2006 in the absence of section 101D(5)(a) of that Act. :
b: subsections (5) to (11) are repealed:
c: in subsection (13), the definitions of complying fund calculation period KiwiSaver calculation period
d: in the list of defined terms compulsory employer contribution
56: Definitions
1: This section amends section YA 1
2: The definition of complying fund calculation period
3: The definition of KiwiSaver calculation period
57: Schedule 28––Requirements for complying fund rules
In schedule 28 section 66 or 66A of the KiwiSaver Act 2006, ignoring the 8% contribution rate section 66, ignoring the 8% and 4% contribution rates Amendment to KiwiSaver Regulations 2006
58: Regulation 20 replaced
Regulation 20 of the KiwiSaver Regulations 2006 is replaced by the following:
20: Fee subsidy
1: This regulation applies for a person if––
a: the person is an employee who is a member of a KiwiSaver scheme, and is subject to the automatic enrolment rules before 1 April 2009:
b: the person is an employee who is a member of a KiwiSaver scheme, and opts in under section 34(1)(b) of the Act before 1 April 2009:
c: a KiwiSaver scheme provider receives a valid application for membership for the person before 1 April 2009.
2: The chief executive of the Department must pay a fee subsidy of $20 for the person on each of the dates for the person provided in subclause (3)
3: For the person,––
a: if 1 or 3 fee subsidy instalments have been paid before 1 April 2009, the date for the purpose of subclause (2)
b: if no fee subsidy instalment has been paid before 1 April 2009, the dates for the purpose of subclause (2)
i: the date on which the Crown contribution made under section 226 of the Act is payable in respect of the person; and
ii: 6 months after the date described in subparagraph (i)
4: Each payment of the fee subsidy must be paid to the provider of the person's KiwiSaver scheme.
5: The provider must use the contribution allocation for the person to credit each payment of the fee subsidy across the investment products of the KiwiSaver scheme to which the member has subscribed or been allocated.
6: However, if the person has subscribed or been allocated to more than 1 investment product of a KiwiSaver scheme and 1 or more of those investment products contain unvested employer contributions or any other contributions that are not fully vested in the member, the provider must, to the extent practicable, credit the fee subsidy on a pro rata basis across only the investment products that do not contain those sorts of contributions. 2009-04-01 KiwiSaver Regulations 2006


Bail Amendment Act 2008

1: Title
This Act is the Bail Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Bail Act 2000 2008-12-17 Bail Act 2000
4: Consideration of just cause for continued detention
1: Section 8(1)(a) real and significant
2: Section 8(3)


Employment Relations Amendment Act 2008

1: Title
This Act is the Employment Relations Amendment Act 2008.
2: Commencement
1: This Act (except sections 6 7
2: Sections 6 7
1: Preliminary provisions
3: Principal Act amended
This Act amends the Employment Relations Act 2000 2008-12-16 Employment Relations Act 2000 KiwiSaver Act 2006 2009-03-01 Employment Relations Act 2000
4: Purpose
The purpose of this Act is—
a: to provide when an employment agreement may specify a trial period of 90 days or less, during which an employee can be dismissed and cannot bring a personal grievance or other legal proceedings in respect of the dismissal, subject to certain exceptions; and
b: to repeal the amendments made by the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
5: Application
The amendments made by sections 6 7
2: Amendments to principal Act
6: Probationary arrangements
Section 67 or trial
7: New sections 67A and 67B inserted
The following sections are inserted after section 67
67A: When employment agreement may contain provision for trial period for 90 days or less
1: An employment agreement containing a trial provision, as defined in subsection (2) subsection (3) subsection (4)
2: Trial provision
a: for a specified period (not exceeding 90 days), starting at the beginning of the employee's employment, the employee is to serve a trial period; and
b: during that period the employer may dismiss the employee; and
c: if the employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.
3: Employee
4: Employer
5: To avoid doubt, a trial provision may be included in an employment agreement under—
a: section 61(1)(a), but subject to section 61(1)(b):
b: section 63(2)(b).
67B: Effect of trial provision under section 67A
1: This section applies if an employer terminates an employment agreement containing a trial provision under section 67A
2: An employee whose employment agreement is terminated in accordance with subsection (1)
3: Neither this section nor a trial provision prevents an employee from bringing a personal grievance or legal proceedings on any of the grounds specified in section 103(1)(b) to (g).
4: An employee whose employment agreement contains a trial provision is, in all other respects (including access to mediation services), to be treated no differently from an employee whose employment agreement contains no trial provision or contains a trial provision that has ceased to have effect.
5: Subsection (4)
a: in observing the obligation in section 4 of dealing in good faith with the employee, the employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and
b: the employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section.
8: Personal grievance
Section 103(1)(h)
9: Section 110A repealed
Section 110A
10: Consequential amendment to KiwiSaver Act 2006
Section 101B(5)(b)


1: Title
This Act is the Education (National Standards) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Education Act 1989 2008-12-17 Education Act 1989
1: School enrolment and attendance
4: Penalty for failure to enrol
Section 24(1) $1,000 $3,000
5: Penalty for irregular attendance
1: Section 29(1) $15 $30
2: Section 29(2)
a: omitting $150 $300
b: omitting $400 $3,000
6: Ensuring attendance of students
Section 31(7) or any person appointed by a board the Secretary, or any person appointed by a board or the Secretary
2: Literacy and numeracy standards
7: Interpretation
The definition of national education guidelines section 60 national standards, national curriculum statements,
8: National education guidelines
Section 60A(1)
ba: national standards
9: School charter
Section 61(4)(a) , including the assessment of students against any national standard published under section 60A(1)(ba)


1: Title
This Act is the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Energy (Fuels, Levies, and References) Act 1989 2008-12-23 Energy (Fuels, Levies, and References) Act 1989
1: Repeal of biofuel obligation
4: Part 3A repealed
Part 3A is repealed.
2: Consequential amendments to principal Act
5: Regulations
1: Section 35(1)(ea) is amended by omitting section 34O and
2: Section 35(1) is amended by repealing paragraphs (eb) to (ef).
3: Section 35(1A) is repealed.
4: Section 35(2) is amended by omitting or an Order in Council made under section 34F, 34G, or 34I
6: Keeping of records
Section 35B(2) is amended by repealing paragraphs (a) to (c).
7: Power to inspect property, obtain information, and enter land to conduct compliance check
1: The definition of compliance check
a: repealing paragraphs (a) and (b); and
b: omitting from paragraph (f) 34V or
2: The definition of person liable to be checked
8: Power of Minister to require information
1: Section 36(1) is amended by repealing paragraphs (b), (d), and (e).
2: Section 36(1A) is amended by omitting (1)(d) (1)(f)
3: Section 36(1B) is amended by repealing paragraphs (a) to (c).
9: Offences
Section 37(2) is amended by omitting Part 3A,
10: Issue of search warrants
Section 37A(1) is amended by repealing paragraph (b).
11: Form and content of search warrant
Section 37C(c)(ii) is amended by omitting the breach of section 34L or 34N(2) or
12: Disposal of things seized
Section 37J(1) is amended by omitting or a civil penalty
13: Court order to be suspended on conviction or on order of civil penalty
1: The heading to section 37K is amended by omitting or on order of civil penalty
2: Section 37K(1) is amended by omitting or ordered to pay a civil penalty
14: Schedule 5 repealed
Schedule 5 is repealed.
15: Order revoked
The Biofuel Obligation (Exempt Persons and Energy Content Values) Order 2008 2008-12-23 Biofuel Obligation (Exempt Persons and Energy Content Values) Order 2008


1: Title
This Act is the Sentencing (Offences Against Children) Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Sentencing Act 2002 2008-12-17 Sentencing Act 2002
4: New heading and section 9A inserted
The following heading and section are inserted after section 9 Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years
9A: Cases involving violence against, or neglect of, child under 14 years
1: This section applies if the court is sentencing or otherwise dealing with an offender in a case involving violence against, or neglect of, a child under the age of 14 years.
2: The court must take into account the following aggravating factors to the extent that they are applicable in the case:
a: the defencelessness of the victim:
b: in relation to any harm resulting from the offence, any serious or long-term physical or psychological effect on the victim:
c: the magnitude of the breach of any relationship of trust between the victim and the offender:
d: threats by the offender to prevent the victim reporting the offending:
e: deliberate concealment of the offending from authorities.
3: The factors in subsection (2) section 9
4: Nothing in this section implies that a factor referred to in subsection (2)


1: Title
This Act is the Electricity (Renewable Preference) Repeal Act 2008
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Electricity Act 1992 2008-12-23 Electricity Act 1992
1: Part 6A repealed
4: Part 6A repealed
Part 6A is repealed.
2: Consequential amendments to principal Act
5: Regulations
1: Section 169(1)(25) is amended by omitting , the Commission,
2: Section 169(1)(26B) (to be inserted by section 26 of the Electricity Amendment Act 2006) is amended by omitting , the Commission,
3: Section 169(1)(30) is amended by omitting , the Commission,
6: Party must co-operate with investigations
Section 172KB is amended by omitting Part 6A or
7: Functions of Commission
Section 172O(1) is amended by repealing paragraphs (ja) to (jd).