1: Title
This Act is the Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2010.
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 Financial Service Providers (Registration and Dispute Resolution) Act 2008 2010-07-01 Financial Service Providers (Registration and Dispute Resolution) Act 2008
4: Purpose
The purpose of this Act
5: Commencement
Section 2
(1): Part 2 and section 48 come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made that do either or both of the following:
a: bring different provisions into force on different dates:
b: bring provisions into force on different dates in respect of different types of financial service or financial service provider.
6: Overview
Section 3
2: In order to be registered, financial service providers are generally required to be members of a dispute resolution scheme if they provide financial services to retail clients.
7: Interpretation
1: The definitions of insurance business licensed service section 4
2: The definition of person section 4 an unincorporated body, and a superannuation scheme as defined in section 2A of the Superannuation Schemes Act 1989 and an unincorporated body
3: Section 4 broker broking service chartered accountant contract of insurance
a: means every contract of insurance including a contract of life insurance (including endowment and annuity contracts) and reinsurance; but
b: does not include a class of contract declared not to be a contract of insurance by regulations conveyancing practitioner incorporated law firm insurer licensed licensed service
a: provide the service; or
b: hold out that the person provides the service licensing enactment retail client section 49 wholesale client section 49 .
4: The definition of financial adviser service section 4 sections 10 and 12 section 9
8: Meaning of financial service
1: Section 5
ab: a broking service: .
2: Section 5
i: participating in an offer of securities to the public in either of the following capacities (within the meaning of those terms under section 2(1) of the Securities Act 1978):
i: as an issuer of the securities:
ii: as a promoter:
ia: acting in any of the following capacities (within the meaning of those terms under section 2(1) of the Securities Act 1978) in respect of securities offered to the public:
i: as a trustee:
ii: as a unit trustee:
iii: as a superannuation trustee:
iv: as a manager: .
3: Section 5
m: acting as an insurer: .
9: New section 7 substituted
Section 7
7: Application of Act
1: This Act applies to persons who are in the business of providing a financial service.
2: None of the following persons are in the business of providing a financial service for the purposes of this Act to the extent this subsection applies to them:
a: a lawyer, incorporated law firm, conveyancing practitioner, chartered accountant, tax agent, or real estate agent providing a service in the ordinary course of business of the relevant kind:
b: a government department listed in Schedule 1 of the State Sector Act 1988:
c: the Reserve Bank of New Zealand (and any subsidiaries):
d: the statutory entities listed in Schedule 1 of the Crown Entities Act 2004:
e: a person engaged in terminating the business of a financial service provider after that provider has been deregistered:
f: a non-profit organisation in respect of free financial services:
g: an affiliated entity:
h: an executor, administrator, or trustee in respect of services provided in the administration of an estate or a trustee in respect of services provided to beneficiaries of a family trust:
i: a nominated representative (within the meaning of the Financial Advisers Act 2008) while acting in that capacity:
j: an employer while providing services to enable employees of the employer to obtain rights or benefits under a registered superannuation scheme (as defined in section 2(1) of the Superannuation Schemes Act 1989) or a KiwiSaver scheme (as defined in section 4(1) of the KiwiSaver Act 2006), being a scheme in which that employer participates for the benefit of its employees:
k: any person exempted, under regulations made under this Act or by or under any other enactment, from the application of this Act or from the requirement to register under this Act (to the extent of the relevant exemption).
3: If subsection (2) A
4: However, subsections (2) and (3)
10: New section 8A inserted
The following section is inserted after section 8
8A: Territorial scope
This Act applies to a person who—
a: is ordinarily resident in New Zealand (within the meaning of section 4 of the Crimes Act 1961) or has a place of business in New Zealand, regardless of where the financial service is provided; or
b: is, or is required to be, a licensed provider under a licensing enactment.
11: No being in business of providing financial service unless registered
Section 11(1) for that service registered
12: No holding out that in business of providing financial service unless registered
Section 12
1: A person to whom this Act applies must not—
a: hold out that the person is registered under this Act unless that person is registered under this Part; or
b: hold out that the person is registered in respect of a particular service or entitled, qualified, able, or willing to be in the business of providing a financial service unless that person is registered for that service under this Part.
13: Qualifications for registration as financial service provider
Section 13
c: if a licensing enactment requires the person to be a licensed provider, the person is, or will be (on and from commencing to be in the relevant business), a licensed provider.
14: Application to be registered as financial service provider
1: Section 15(1)(e) or levy fee
2: Section 15(2) prescribed information required information required, by or under the licensing enactment,
15: Registration of financial service provider
Section 16(1)(a)
iia: the type or types of financial service for which the provider is registered: .
16: Duty to notify changes relating to financial service provider
Section 17(1)
a: a financial service provider, if—
i: the provider knows that the provider is no longer qualified for registration in accordance with section 13; or
ii: the provider is in a business of providing a financial service for which the provider is not registered; or
iii: the provider knows that any details on the register are no longer correct:
b: the licensing authority, if the licensing authority knows that a financial service provider has ceased to be licensed: .
17: Deregistration of financial service provider
1: Section 18(1)
b: is not in the business of providing a financial service (at any time after the expiry of 3 months after registration); or .
2: Section 18(1)(d) or levy confirmation fee
18: Reregistration of financial service provider
Section 22(1)(b) or levy confirmation fee
19: Purpose of register
Section 26(a)(ii)
BA: the type or types of financial service for which a financial service provider is registered; and .
20: Contents of register
Section 27
ba: the type or types of financial service for which the registered financial service provider is registered: .
21: Annual confirmation
Section 28(2)(a) and any levy payable by the provider
22: Registrar must amend register in certain circumstances
Section 29
e: regulations made under this Act require the Registrar to do so in circumstances specified by the regulations.
23: Registrar's inspection powers
Section 37(9)(a) or a particular financial service financial service
24: Regulations under Part 1 and this Part
1: Section 44(1) on the recommendation of the Minister Order in Council
2: Section 44(1)
aa: declaring a class of contract to be a contract of insurance for the purposes of this Act: .
3: Section 44(1)
ab: exempting any service or person or class of service or persons from the application of this Act, and prescribing the terms and conditions (if any) of the exemption: .
4: Section 44
1A: The Minister must, in relation to a recommendation under subsection (1)(ab)
a: before making a recommendation, have regard to New Zealand's obligations under the FATF Recommendations; and
b: not make the recommendation unless the Minister is satisfied that the costs of compliance with this Act would be unreasonable or not justified by the benefit of compliance.
5: Section 44(3) or levy fee
25: Section 46 repealed
Section 46
26: Financial service provider must be member of dispute resolution scheme
1: Section 48(1) the public a retail client
2: Section 48
3: However, this obligation does not apply—
a: to a financial service provider if—
i: it is in the business of providing financial services only because it is an issuer or promoter participating in 1 or more offers of securities to the public; and
ii: doing so is not its only or principal business; or
b: to a financial service provider if it is exempted from the obligation by or under any other Act or by regulations made under section 79.
27: New sections 49 to 49G substituted
Section 49
49: Who are retail clients
1: A retail client is any person who receives a financial service who is not a wholesale client.
2: The following persons who receive a financial service are wholesale clients in respect of that financial service:
a: a person who is in the business of providing any financial service and receives the financial service in the course of that business:
b: a person whose principal business is the investment of money or who, in the course of and for the purposes of the person's business, habitually invests money:
c: an entity to which at least 1 of the following applied at the end of each of the last 2 completed accounting periods:
i: at the balance date, the net assets of the entity exceeded $1 million:
ii: the turnover of the entity for the accounting period exceeded $1 million:
d: a related body corporate (within the meaning of section 5B(2) of the Securities Markets Act 1988) of an entity to which paragraph (c)
e: a local authority, a Crown entity, a State enterprise, the Reserve Bank of New Zealand, and the National Provident Fund (and a company appointed under clause 3(1)(b) of Schedule 4 of the National Provident Fund Restructuring Act 1990):
f: a person who falls within 1 or more of the categories listed in section 3(2), 5(2CB), or 5(2CBA) of the Securities Act 1978 if the service relates to securities that may be offered to that person, or that have been subscribed for by that person, in a private offer of securities:
g: an eligible investor under section 49A:
h: if the financial service is a financial adviser service or a broking service, a person who is a wholesale client in respect of that service under the Financial Advisers Act 2008.
3: If subsection (2) applies to a person ( A
4: In this section,— entity
a: includes a body corporate and an unincorporated body (including partners in a partnership, members of a joint venture, or the trustees of a trust) and the sole trustee of a trust acting in his, her, or its capacity as trustee of that trust; but
b: does not include an individual private offer of securities
a: does not constitute an offer of securities to the public under section 3 of the Securities Act 1978; or
b: is exempt from Part 2 (other than sections 38B and 58) of that Act under section 5(2CB) or 5(2CBA) of that Act.
49A: Who are eligible investors
1: A client is an eligible investor if—
a: the client certifies in writing that the client understands that, as a consequence of certifying himself, herself, or itself to be an eligible investor, the financial service provider may not be a member of an approved dispute resolution scheme; and
b: the client states the reasons for this certification; and
c: a financial service provider signs a written acceptance of the certification in accordance with section 49B.
2: A certification may be specific to a particular service or class of services or may be general (but is effective only in relation to services provided after all of the requirements of subsection (1)(a) to (c)
49B: Acceptance of certification
1: A financial service provider must not accept a certification unless he, she, or it, having considered the client's reasons for the certification,—
a: is satisfied that the client has been sufficiently advised of the consequences of the certification; and
b: has no reason to believe that the certification is incorrect or that further information or investigation is required as to whether or not the certification is correct.
2: The person who accepts the certification of a client may be the person providing the financial services to the client (but does not need to be).
3: A financial service provider who accepts a certification without having complied with subsection (1)
4: Contravention of this section may give rise to a pecuniary penalty order or compensatory order ( see sections 79A and 79B
49C: Revocation of certification
1: A client who is an eligible investor may revoke a certification, in relation to a financial service provider to whom the certification has been given, by giving the financial service provider a signed notification to that effect.
2: A revocation is effective only in relation to services provided after it is given.
49D: How to opt out of being wholesale client
1: A person may opt out of being a wholesale client, in relation to a financial service provider, by giving the financial service provider a signed notification to that effect.
2: A notification may be specific to a particular service, or class of services, or may be general for all services provided by the financial service provider to whom it is given.
3: A person may vary or revoke a notification in the same way as the notification may be given.
4: A notification (or variation or revocation of a notification) under this section is effective only in relation to services provided after it is given.
5: This section does not apply if a person is a wholesale client by reason of being an eligible investor.
49E: Giving revocation of certification or notification of opt out
1: A revocation of a certification under section 49C section 49D
a: it is provided to the financial service provider; or
b: delivered or posted to the financial service provider at the person's business address stated on the register or (if not registered) the person's last known place of business in New Zealand; or
c: sent by fax or email to the person's fax number or email address stated on the register.
2: The revocation or notification is treated as received by the person no later than 7 days after it is posted or 2 days after it is faxed or emailed, unless the person to whom it is posted or sent proves that it was not received (otherwise than through fault on the person's part).
49F: Members of dispute resolution scheme must comply with rules and binding resolutions
1: A member of an approved dispute resolution scheme or the reserve scheme must comply with the rules of the scheme.
2: On the application of the person responsible for the scheme, a District Court may make an order requiring a member of the scheme to do either or both of the following:
a: comply with the rules of the scheme:
b: comply with a resolution of a complaint that constitutes a binding resolution under those rules (a binding settlement
3: If a District Court is satisfied that the terms of a binding settlement of a complaint are manifestly unreasonable, the court's order under subsection (2)
4: If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by a District Court for the payment of a sum of money.
49G: Offence to fail to comply with District Court order
1: A member of an approved dispute resolution scheme or the reserve scheme who, knowing that the member is subject to an order made under section 49F
2: Nothing in this section applies to an order or part of an order of a District Court referred to in section 49F(4)
28: Rules about approved dispute resolution scheme
Section 63
g: that the scheme has jurisdiction in respect of a breach of contract, statutory obligation, or industry code, or any other matter provided for in the rules: .
29: Duty to co-operate and communicate information in certain circumstances
Section 67
d: if there is a series of material complaints about a particular broker or class of broker, communicate that fact to the Securities Commission.
30: Appointment of reserve scheme
Section 72(1) ; and
c: prescribe rules about the funding of the reserve scheme ( see section 72A
31: New section 72A inserted
The following section is inserted after section 72
72A: Reserve scheme: rules about fees and charges
1: Rules made under section 72(1)(c)
a: provide for an applicant for membership, or for renewal of membership, to pay a fee in respect of the application:
b: require members to pay a membership fee:
c: if a complaint is made about a member, require the member to pay a charge in respect of the complaint in circumstances provided in the rules:
d: exempt a person or class of persons from liability to pay a fee or charge in whole or in part:
e: provide for the refund or waiver of a fee or charge, in whole or in part, for a person or class of persons:
f: provide for the termination of the membership of a member who fails to pay a fee or charge within the period provided in the rules.
2: The charge under subsection (1)(c)
a: a fixed amount; or
b: an amount calculated by reference to the costs of investigating and determining the complaint; or
c: a combination of the amounts referred to in paragraphs (a) and (b)
3: Rules for the purposes of this section may make different provision for different classes of financial service provider.
32: Duty to co-operate and communicate information in certain circumstances
Section 76
d: if there is a series of material complaints about a particular broker or class of broker, communicate that fact to the Securities Commission.
33: Section 77 and heading above section 77 repealed
Section 77 and the heading above section 77
34: New heading and new section 78A inserted
The following heading and section are inserted after section 78 Levy
78A: Levy
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring registered financial service providers (or a prescribed class of financial service providers) to pay a levy to the Minister.
2: The purpose of the levy is to meet, in whole or in part, the costs of—
a: the Ministry's functions under this Part (including the costs of collecting the levy); and
b: the reserve scheme (to the extent that these are not met by fees and charges imposed in rules made under section 72(1)(c)
3: Regulations under this section may—
a: specify an amount payable as the levy or a method of calculating or ascertaining the levy (which may be based on the estimated costs):
b: include or provide for including in the levy any shortfall in recovering the actual costs:
c: refund or provide for refunds of any over-recovery of those actual costs:
d: specify the financial year or part financial year to which the levy applies, and apply the levy to that financial year and each subsequent financial year until the levy is revoked or repealed:
e: for the first financial year to which the levy applies, include in the levy costs from 1 January 2009:
f: require payment of a levy for a financial year or part financial year irrespective of the fact that the regulations may be made after that financial year has commenced:
g: provide for the collection and payment of the levy, including the time by which the levy must be paid:
h: exempt a person or class of persons from liability to pay the levy, in whole or in part:
i: provide for a waiver or refund of the levy, in whole or in part, for a person or class of persons:
j: provide for interest to be paid if a person fails to pay the levy by the due date.
4: Regulations under this section may make different provision for different classes of registered financial service providers including, without limitation, for—
a: members of the reserve scheme:
b: members of approved dispute resolution schemes:
c: those who provide different types of financial service.
5: The levy is recoverable as a debt due to the Crown.
6: Before making a recommendation under subsection (1)
7: A failure to comply with subsection (6)
35: Regulations under this Part
1: Section 79(1) made on the recommendation of the Minister by Order in Council
2: Section 79(1)
a: exempting any person or class of persons from the obligation to be a member of either an approved dispute resolution scheme or the reserve scheme, and prescribing the terms and conditions (if any) of the exemption: .
3: Section 79
1A: The Minister must not recommend the making of regulations under subsection (1)(a)
a: the exemption is consistent with the purposes of this Act; and
b: the costs of compliance with the obligation would be unreasonable or not justified by the benefits of compliance.
36: New sections 79A and 79B and heading inserted
The following sections and heading are inserted after section 79 Pecuniary and compensatory orders for contravening wholesale certification requirement
79A: Pecuniary order for contravening wholesale certification requirement
1: The High Court may, on application by the Commission, order a person to pay a pecuniary penalty to the Crown if the Court is satisfied that the person has, without reasonable excuse, contravened a wholesale certification requirement under section 49B.
2: The amount of the pecuniary penalty must not, in respect of each act or omission, exceed $100,000 in the case of an individual or $300,000 in the case of an entity.
3: In setting the amount of the pecuniary penalty, the Court must take into account all of the following matters:
a: the nature and extent of the contravention:
b: the nature and extent of any loss or damage suffered by a person as a result of the contravention, including the effect on a person of the loss of the opportunity to make a complaint to an approved dispute resolution scheme or the reserve scheme:
c: the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence):
d: whether the person has previously been found by the court in proceedings under this Act to have engaged in similar conduct.
4: A financial service provider may not be liable to more than 1 pecuniary penalty in respect of the same conduct.
5: Proceedings under this section may be commenced at any time within 3 years after the contravention occurred.
79B: Compensation for contravention of wholesale certification requirement
1: If the Court orders a person to pay a pecuniary penalty under section 79A in respect of the contravention of a wholesale certification requirement, the Court may, in addition, order a person to pay compensation to any person who has suffered, or is likely to suffer, loss or damage as a result of the contravention (the aggrieved person
2: An application for orders under this section may be made by the Commission or any aggrieved person.
3: The application must be made within 1 year of the date of the pecuniary penalty order.
4: The Court may make an order under this section whether or not any aggrieved person is a party to the proceedings.
5: In proceedings under this section, the Court may make such orders as it thinks fit.
37: Schedule 2 amended
Schedule 2


1: Title
This Act is the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010.
2: Commencement
1: Sections 12 to 14
2: The rest of this Act comes into force on 1 August 2010. Section 2(1): sections 12–14 brought into force 1 November 2010 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act Commencement Order 2010
3: Principal Act amended
This Act amends the Civil Aviation Act 1990 2010-08-01 Civil Aviation Act 1990 OIC SR 2010/365 2010-11-01 Civil Aviation Act 1990 ss 12, 13
1: Amendments to Civil Aviation Act 1990
4: Interpretation
The definition of rules section 2(1) or Governor-General Minister
5: Power of Minister to make ordinary rules
Section 28
5: An ordinary rule may, on any terms and conditions that are specified in the rule,—
a: require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; or
b: empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed.
5A: To avoid doubt, the terms and conditions specified in an ordinary rule may provide for—
a: consultation to be undertaken before the exercise of any of the powers given to the Authority, the Director, or any other person by the rule; or
b: public notice to be given of the exercise of any powers; or
c: any other matter.
6: Matters to be taken into account in making rules
Section 33(2) making any rule making, or recommending the making of, a rule
7: Procedure for making ordinary rules
1: Section 34
1: Before making any ordinary rule, the Minister must, as the Minister in each case considers appropriate,—
a: publish a notice of his or her intention to make the rule; and
b: consult—
i: the persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies; and
ii: the Environmental Risk Management Authority, established under the Hazardous Substances and New Organisms Act 1996, about the contents of any rule that relates to the transportation of hazardous substances as defined in section 2(1) of that Act.
2: Section 34(3) the persons so notified each person so notified (with effect from service of the rule on the person)
3: Section 34(4)
8: New section 34A inserted
The following section is inserted after section 34
34A: Governor-General may make ordinary rules
1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.
2: The Minister must have regard to the criteria specified in section 33(2) before making a recommendation under subsection (1)
3: Sections 32(1)(a) and 34(1) subsection (1)
4: An ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1)
5: The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1)
6: An Order in Council made under subsection (1)
a: is a regulation or an instrument for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation or an instrument for the purposes of the Acts and Regulations Publication Act 1989.
9: New section 36 substituted
Section 36
36: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:
a: any standards, requirements, or recommended practices of international aviation organisations:
b: any standards, requirements, or rules—
i: prescribed under law by any other contracting State of ICAO:
ii: of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:
iii: of any aviation sport or aviation recreation organisation:
c: any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Director (as the case may be); and
b: retained by the Director.
4: Any material incorporated in a rule by reference under subsection (1) subsection (1) subsections (5) and (6)
5: The Director must give notice in the Gazette
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
6: All material incorporated by reference under subsection (1) or (2)
7: The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.
8: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.
9: Subsections (1) to (8)
10: Exemption power of Director
Section 37(1) section 28 or section 29 or section 30 of this Act section 28, 29A, 29B, or 30
11: Evidence and proof
Section 71(1)
cb: the production of a certified copy of material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in a rule: .
12: New Part 12 inserted
The following Part is inserted after section 103
12: Cape Town Convention and Aircraft Protocol
104: Interpretation
1: In this Part, unless the context otherwise requires,— Aircraft Protocol Cape Town Convention Contracting State declaration de-registration request removal request
2: In this Part, any term defined in the Cape Town Convention or the Aircraft Protocol and used in this Part has the same meaning as in the Cape Town Convention or the Aircraft Protocol. 1996 No 40 s 2
105: Cape Town Convention and Aircraft Protocol to have force of law
The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have the force of law in New Zealand. 1994 No 60 s 4; 1990 No 98 s 91C
106: Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have effect in place of any other New Zealand law to the extent that the Convention or the Protocol applies to a matter to which the other law applies.
107: Governor-General may issue copies of declarations
1: If New Zealand makes a declaration under the Cape Town Convention or the Aircraft Protocol, the Governor-General may, by Order in Council, issue a copy of the declaration.
2: An Order in Council made under subsection (1)
a: New Zealand made the relevant declaration; and
b: the declaration takes or took effect.
3: An Order in Council made, or a declaration issued, under subsection (1)
108: Certificates about Contracting States
1: The Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, may sign a certificate that states whether, in respect of any specified day or period,—
a: a State is a Contracting State:
b: a declaration made under the Cape Town Convention or the Aircraft Protocol is effective in respect of a Contracting State and, if so, that specifies the contents of that declaration.
2: A certificate signed under subsection (1) 1994 No 60 s 6
109: Irrevocable de-registration and export request authorisations
1: A debtor must submit an irrevocable de-registration and export request authorisation to the Director if the debtor—
a: is the holder of a certificate of registration for a New Zealand registered aircraft; and
b: issues an irrevocable de-registration and export request authorisation substantially in the form annexed to the Aircraft Protocol.
2: A submission under subsection (1)
3: If the Director receives a submission under subsection (1)
110: De-registration requests
1: An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3)
2: In a request submitted under subsection (1)
a: the aircraft is not subject to any registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft; or
b: if the aircraft is subject to a registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft, the holder of the higher-ranking registered interest has consented to the de-registration and exportation of the aircraft.
3: A request under subsection (1)
4: If the Director receives a de-registration request under subsection (1) subsection (2)
5: If the Director revokes a certificate of registration under subsection (4)
111: Removal requests
1: An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3)
2: A debtor may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3)
a: has obtained the written consent of the authorised party to do so; and
b: provides a copy of the written consent to the Director with the removal request.
3: A removal request under subsection (1) or (2)
4: If the Director receives a removal request under subsection (1) or (2)
5: If the Director revokes an irrevocable de-registration and export request authorisation under subsection (4)
112: Director must prescribe and publish forms for de-registration requests
The Director must prescribe and publish the forms that an authorised party (or the authorised party's certified designee) must use to make a request for the de-registration of an aircraft under section 110
113: Director may not exercise certain powers
The Director may not exercise any power that the Director may exercise under this Act in relation to a certificate of registration if the exercise of that power would interfere with, or be contrary to, any right or obligation arising under this Part.
13: New Schedules 7 and 8 added
The schedules set out in Schedule 1
2: Miscellaneous provisions
14: Consequential amendments to other enactments
1: The Acts specified in Part 1
2: The civil aviation rules specified in Part 2 OIC SR 2010/365 2010-11-01 Companies Act 1993 Corporations (Investigation and Management) Act 1989 Insolvency Act 2006 Personal Property Securities Act 1999 Property Law Act 2007 Receiverships Act 1993 Civil Aviation Rules aren't in database.
15: Savings and transitional provisions
Despite section 9 section 36


1: Title
This Act is the Policing (Involvement in Local Authority Elections) Amendment Act 2010.
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 Policing Act 2008 2010-07-01 Policing Act 2008
4: Police involvement in elections
1: Section 99(1) or a member of a local authority
2: Section 99(1)(b) or subsections (2) to (4) of this section
3: Section 99(2) to (4)
5: Section 115 repealed
Section 115


Prisoners' and Victims' Claims (Expiry and Application Dates) Amendment Act 2010

1: Title
Section 1 repealed 30 June 2012 section 9(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
2: Commencement
Section 2 repealed 30 June 2012 section 9(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
3: Principal Act amended
2010-07-01 Prisoners' and Victims' Claims Act 2005 Section 3 repealed 30 June 2012 section 9(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
1: Amendment deferring expiry of restrictions on awarding of compensation
Part 1 repealed 30 June 2012 section 6(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
4: Purpose of this Part
Section 4 repealed 30 June 2012 section 6(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
5: Expiry of subpart
Section 5 repealed 30 June 2012 section 6(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
2: Amendment extending application of victims' claims process
Part 2 repealed 30 June 2012 section 9(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
6: Purpose of this Part
Section 6 repealed 30 June 2012 section 9(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
7: Compensation of prisoners, etc, must be paid to Secretary
Section 7 repealed 30 June 2012 section 9(1) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012


1: Title
This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2010.
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 Agricultural Compounds and Veterinary Medicines Act 1997 2010-07-07 Agricultural Compounds and Veterinary Medicines Act 1997
4: Waiver of notification
Section 15(3)(b)(i) this that
5: Reassessment of trade name products
1: Section 29(1)(a) or group of trade name products product
2: Section 29(2) , and those sections apply with any necessary modifications
6: Director-General may prohibit or restrict product
1: The heading to section 31 or group of products
2: Section 31 or group of trade name products product
7: Form and content of certificate of compliance
Section 35B(3) faint form


1: Title
This Act is the Tariff (Malaysia Free Trade Agreement) Amendment Act 2010.
2: Commencement
This  Act  comes  into  force  on  a  date  appointed  by  the Governor-General by Order in Council. Section 2 brought into force 1 August 2010 Tariff (Malaysia Free Trade Agreement) Amendment Act 2010 Commencement Order 2010
3: Principal Act amended
This Act amends the Tariff Act 1988 OIC SR 2010/188 2010-08-01 Tariff Act 1988
4: Interpretation
1: The definition of free trade agreement section 15A ; or
d: the Malaysia FTA .
2: Section 15A Malaysia FTA .
5: Provisional transitional safeguard measure
Section 15H(1)(b)(ii) China FTA or the AANZFTA, China FTA, the AANZFTA, or the Malaysia FTA,


Animal Products Amendment Act 2010

1: Title
This Act is the Animal Products Amendment Act 2010.
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 Animal Products Act 1999 2010-07-07 Animal Products Act 1999
4: Interpretation
Paragraph (a) of the definition of verification section 4(1) or the scheme requirements of the programme
5: Contents of and requirements for risk management programmes
Section 17(4) risk management programme risk management programme risk management programme
6: Removal of business operator from coverage of wider risk management programme
The heading to section 28A business operator animal product business
7: Scope of regulated control schemes
Section 39(3)
b: is satisfied that appropriate consultation has been carried out in accordance with section 163.
8: Conditions of recognition
Section 105 agency person agency or person


1: Title
This Act is the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010.
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 Births, Deaths, Marriages, and Relationships Registration Act 1995 2010-07-07 Births, Deaths, Marriages, and Relationships Registration Act 1995
4: Interpretation
The definition of delivery section 2
5: Births on New Zealand aircraft or ships
Section 8 Civil Aviation Regulations 1953 Civil Aviation Act 1990
6: Parents primarily responsible for notifying birth
Section 9(2)
ba: it is not reasonably practicable to obtain the other parent's signature because—
i: he or she is overseas; and
ii: he or she cannot be contacted within a period of time that is reasonable in the circumstances; or
7: Record of citizenship
1: Section 12A(1) and (2) on the birth record as part of the child's birth information
2: Section 12A(3)
b: any birth information registered under this Act or a former Act about the parents or parent of the person:
8: Registration of certain still-births
Section 13(3) registrar Registrar
9: Deaths on New Zealand aircraft or ships
Section 36 Civil Aviation Regulations 1953 Civil Aviation Act 1990
10: Marriages outside New Zealand
Section 54 sections 56 and 58 sections 56, 57, and 58
11: Section 61 repealed
Section 61
12: Restrictions on searches relating to adopted persons
Section 76(3)(c) section 11(4)(b) section 11(4)(a)


1: Title
This Act is the Armed Forces Discipline Amendment Act 2010.
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 Armed Forces Discipline Act 1971 2010-07-07 Armed Forces Discipline Act 1971
4: Interpretation
The definition of competent service authority section 2(1)
ab: includes every Judge; and .
5: Arrest of deserters from other armed forces
Section 92A(4) The provisions of subsections (3) to (7) of section 101 do not Section 101(3) to (5) does not
6: Charge must be certified if disciplinary officer may impose certain punishments
1: The heading to section 112 or make certain compensation orders
2: Section 112
1: A disciplinary officer must, after a charge is referred to him or her under section 109 or 110 but before the accused is brought before him or her, consider whether he or she may, if the accused were found guilty,—
a: impose a punishment consisting of or including 1 or more of the following:
i: detention:
ii: reduction in rank:
iii: a fine of an amount that exceeds the accused's basic pay for a period of 7 days; or
b: order the accused to pay an amount by way of compensation that exceeds the accused's basic pay for a period of 7 days.
3: Section 112(3)
a: he or she considers that, if the accused were found guilty,—
i: a punishment consisting of or including 1 or more of the punishments referred to in subsection (1)(a)
ii: an order for compensation referred to in subsection (1)(b) .
7: Procedures to be followed before imposing punishment
Section 117R(3)(c) of an amount that exceeds the offender's basic pay for a period of 7 days
8: Orders for compensation and restitution
Section 117ZA
3: The disciplinary officer must ensure that he or she has received a specified certificate if he or she intends to order the offender to pay an amount by way of compensation that exceeds the offender's basic pay for a period of 7 days.
9: Rules of procedure
1: Section 150
k: providing for the payment of fees, allowances, and expenses of witnesses and interpreters giving evidence before a military tribunal or a court of inquiry and prescribing the amount of the fees, allowances, and expenses payable or the method by which they are to be calculated: .
2: Section 150
10: Authority must consider petition for reconsideration
Section 154
2: However, if the Authority remits a punishment or part of a punishment, it must not make a decision that has the effect of imposing a punishment more severe than the punishment that had effect before that remission.


Building Amendment Act 2010

1: Title
This Act is the Building Amendment Act 2010.
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 Building Act 2004 2010-07-07 Building Act 2004
4: New section 177 substituted
Section 177
177: Application for determination
1: A party may apply to the chief executive for a determination in relation to either or both of the following:
a: whether particular matters comply with the building code:
b: the exercise, failure or refusal to exercise, or proposed or purported exercise by an authority in subsection (2), (3), or (4)
2: Subsection (1)(b)
a: a building consent:
b: an extension under section 52(b) of the period during which building work must be commenced before a building consent lapses:
c: an extension under section 93(2)(b)(ii) of the period during which the authority must decide whether to issue a code compliance certificate:
d: a code compliance certificate:
e: a compliance schedule:
f: a notice to fix.
3: Subsection (1)(b)
a: any waiver or modification of the building code under section 67:
b: a certificate of acceptance under section 96:
c: an exemption from building consent requirements under paragraph (k) of Schedule 1:
d: an amendment to a compliance schedule under section 106, 107, or 109:
e: a notice to fix:
f: sections 112, 113, 115, and 116 (which relate to alterations to, or changes in the use of, a building) and 124 and 129 (which relate to dangerous, earthquake-prone, and insanitary buildings):
g: a certificate for public use under section 363A:
h: a certificate under section 224(f) of the Resource Management Act 1991.
4: Subsection (1)(b)
5: Nothing in this section limits or affects section 70(4) or 446(1)(c).
5: Appeals to District Court
1: Section 208(1)
aa: a written direction given by the chief executive under section 190 to the applicant or another party, and requiring that person to meet some or all of the other party's costs in respect of, or in respect of an application for, a determination against which all or any of the persons referred to in subsection (2) have made an appeal under paragraph (a) (whether or not that appeal has been determined); or .
2: Section 208(2)(a) or (aa) subsection (1)(a)
6: Procedure for commencing appeal
Section 209(1)(a)
ia: in the case of an appeal under section 208(1)(aa) .
7: Steps after appeal is commenced
Section 210(1)(b) or (aa) section 208(1)(a)
8: Powers of District Court on appeal
1: Section 211(1)(a) , direction, determination
2: Section 211(1)(c) make any determination or decision that the chief executive could have made make or give any determination, direction, or decision that the chief executive could have made or given
3: Section 211(2) , direction, determination
4: Section 211(3) , direction, determination
9: Suspension or revocation of product certificate
Section 271(2)(b) product certification body proprietor of the building method or product
10: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
Section 412(2) (other than a compliance document) an instrument made or issued under this Act
11: Schedule 1 amended
1: Paragraph (a) of Schedule 1
iv: repair or replacement of a water storage heater connected to a solid-fuel heater or other supplementary heat exchanger (other than—
A: repair of an open-vented water storage heater using the same pipework; or
B: replacement of an open-vented water storage heater with a comparable heater using the same pipework): .
2: Paragraph (ad) of Schedule 1 and that is not repair or replacement to which paragraph (a)(iv) subsubparagraph (A) or (B)


Conservation Amendment Act (No 2) 2010

1: Title
This Act is the Conservation Amendment Act (No 2) 2010.
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 Conservation Act 1987 2010-07-07 Conservation Act 1987
4: Meetings of Fish and Game Councils
Section 26ZD(7)
5: Using hazardous substances to catch or destroy fish
Section 26ZR
2: Subsection (1) does not apply to actions taken by—
a: a warranted officer or a fish and game ranger; or
b: any person authorised in writing for the purpose by the Director-General, the Director, or the appropriate Fish and Game Council.
6: Section 26ZZQ substituted
Section 26ZZQ
26ZZQ: Dogs causing serious injury to protected wildlife
1: A person commits an offence if the person is the owner, or a person in charge, of a dog that attacks protected wildlife in a controlled dog area or an open dog area and causes—
a: the death of protected wildlife; or
b: injury to protected wildlife so that it becomes necessary to destroy the wildlife to end its suffering.
2: The person is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000, or both.
3: The court must, on convicting the person, make an order for the destruction of the dog unless satisfied that the circumstances of the attack were exceptional and do not justify destruction.
7: Schedule 1 amended
Schedule 1 Fisheries Act 1983: Part 5


Companies Amendment Act (No 2) 2010

1: Title
This Act is the Companies Amendment Act (No 2) 2010.
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 Companies Act 1993 2010-07-07 Companies Act 1993
4: Public notice
Section 3
3: However, subsections (1) and (2) do not apply to the public notice required to be given by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), and 360A(2)(b).
4: The public notice required to be given by the Registrar under the provisions referred to in subsection (3) Gazette
5: The Registrar must ensure that a copy of the notice referred to in subsection (4)
5: Transactions under netting agreement and effect on certain sections
Section 239AEM(2) 292(3) 292(4A)
6: Transactions under netting agreement and effect on certain sections
Section 310G(2) 292(3) 292(4A)


Copyright Amendment Act 2010

1: Title
This Act is the Copyright Amendment Act 2010.
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 Copyright Act 1994 2010-07-07 Copyright Act 1994
4: Interpretation
Paragraph (c) of the definition of prescribed library section 50(1) or provided and maintained by the New Zealand Law Society Lawyers and Conveyancers Act 2006


1: Title
This Act is the Chatham Islands Council Amendment Act 2010.
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 Chatham Islands Council Act 1995 2010-07-07 Chatham Islands Council Act 1995
4: Functions, duties, and powers
Section 7(1) ; and
c: a regional authority under the Building Act 2004.


Court Martial Amendment ActÂ 2010

1: Title
This Act is the Court Martial Amendment Act 2010.
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 Court Martial Act 2007 2010-07-07 Court Martial Act 2007
4: Schedule 1 amended
Item 14 in Schedule 1 Section 22(3)(b) Section 44(3)(b)


1: Title
This Act is the Court Martial Appeals Amendment Act 2010.
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 Court Martial Appeals Act 1953 2010-07-07 Court Martial Appeals Act 1953
4: Appeal against decision of Court Martial relating to bail
Section 6
4: On an appeal under this section, the court may—
a: confirm the decision; or
b: vary the decision; or
c: set the decision aside.
5: If subsection (4)(c)
a: could have been made in the first place; and
b: the court thinks appropriate.
5: Appeal by accused against finding relating to fitness to stand trial
Section 9EA(7) section 101E(c) section 101F(c)


1: Title
This Act is the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010.
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 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 2010-07-07 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980
4: Long Title amended
The Long Title is amended by omitting 1994;— 1994; and
d: the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel 1994;— .
5: Interpretation
The definition of United Nations operation section 2(1) ; or
c: if the operation is for the purpose of delivering humanitarian, political or development assistance in peace building; or
d: if the operation is for the purpose of delivering emergency humanitarian assistance .


Coroners Amendment Act 2010

1: Title
This Act is the Coroners Amendment Act 2010.
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 Coroners Act 2006 2010-07-07 Coroners Act 2006
4: Regulations
Section 140(a) salaries, fees,


Electoral Amendment Act 2010

1: Title
This Act is the Electoral Amendment Act 2010.
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 Electoral Act 1993 2010-07-07 Electoral Act 1993
4: New section 93 substituted
Section 93
93: Notification of marriages and civil unions
1: In this section, Registrar-General
2: As soon as is reasonably practicable after the registration of a marriage under Part 7 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, or the registration of a civil union under Part 7A of that Act, the Registrar-General must provide to the Chief Registrar the following information in respect of each of the parties to the marriage or civil union:
a: full name:
b: date of birth:
c: usual residential address:
d: date of marriage or civil union.
3: Subsection (4)
a: registered as an elector of any district; or
b: a person who has applied under section 82(2) for registration as an elector.
4: The Chief Registrar must—
a: send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and
b: if a change is required, amend the roll in accordance with the details supplied.
5: If an amendment to the roll is required under subsection (4)


Crown Entities Amendment ActÂ 2010

1: Title
This Act is the Crown Entities Amendment Act 2010.
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 Crown Entities Act 2004 2010-07-07 Crown Entities Act 2004
4: Method of appointment of members
1: Section 28(3) ; and
2: Section 28
4: The responsible Minister must ensure that the following are notified in the Gazette
a: the name of the appointee and the statutory entity; and
b: the date on which the appointment takes effect; and
c: the term of the appointment.


Defence Amendment Act 2010

1: Title
This Act is the Defence Amendment Act 2010.
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 Defence Act 1990 2010-07-07 Defence Act 1990
4: Unit and other non-public funds
Section 58(11) which for that purpose shall have all such powers as it has under that Act in respect of public money who for that purpose has all of the powers that he or she has under the Public Audit Act 2001 for the purposes of exercising or performing his or her functions, duties, or powers
5: Evidence
Section 90 section 147(2) of that Act sections 71 to 74 of the Court Martial Act 2007


Dog Control Amendment Act 2010

1: Title
This Act is the Dog Control Amendment Act 2010.
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 Dog Control Act 1996 2010-07-07 Dog Control Act 1996
4: Territorial authority to classify dangerous dogs
Section 31
1: A territorial authority must classify a dog as a dangerous dog ifâ€”
a: the owner of the dog has been convicted of an offence in relation to the dog under section 57A(2); or
b: the territorial authority has, on the basis of sworn evidence attesting to aggressive behaviour by the dog on 1 or more occasions, reasonable grounds to believe that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife; or
c: the owner of the dog admits in writing that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife.


Charitable Trusts Amendment Act 2010

1: Title
This Act is the Charitable Trusts Amendment Act 2010.
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 Charitable Trusts Act 1957 2010-07-07 Charitable Trusts Act 1957
4: New sections 26 and 26A substituted
Section 26
26: Dissolution by Registrar
1: The Registrar may make a declaration (a declaration of dissolution
a: is no longer carrying on its operations; or
b: has been registered because of a mistake of fact or law.
2: The Registrar must ensure that, as soon as practicable after it is made, the declaration of dissolution is—
a: recorded in the register; and
b: published—
i: in the Gazette
ii: on an Internet site maintained by, or on behalf of, the Registrar, at all reasonable times, for a period of not less than 20 working days.
3: A society is dissolved at the time the declaration of dissolution is recorded in the register, with effect from the date of the declaration.
4: If the Registrar is satisfied that a declaration of dissolution was made in error and should be revoked, the Registrar may make a declaration (a declaration of revocation
5: The Registrar must ensure that, as soon as practicable after it is made, the declaration of revocation is—
a: recorded in the register; and
b: published—
i: in the Gazette
ii: on an Internet site maintained by, or on behalf of, the Registrar, at all reasonable times, for a period of not less than 20 working days.
6: At the time the declaration of revocation is recorded in the register the society is revived, as if no dissolution had taken place, with effect from the time that the society was dissolved.
26A: Registrar may inquire whether Board still carrying on operations
1: It is sufficient to satisfy the Registrar, for the purposes of section 26(1)
a: the Registrar sends a registered letter to the Board, addressed to the Board at its registered office, inquiring whether it is still carrying on its operations; and
b: either—
i: the Registrar does not receive a reply to the registered letter within 6 months after the date that the letter is posted; or
ii: the letter is not delivered and is returned to the Registrar.
2: Nothing in this section prevents the Registrar from satisfying himself or herself in any other manner that the Board is no longer carrying on its operations.
5: Register of Boards and seal of Registrar
Section 28
1A: The register may be kept in any manner that the Registrar thinks fit, including, either wholly or partly, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded or stored to be readily inspected or reproduced in usable form.


1: Title
This Act is the Epidemic Preparedness Amendment Act 2010.
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 Epidemic Preparedness Act 2006 2010-07-07 Epidemic Preparedness Act 2006
4: New section 18 substituted
Sections 17 18
18: When immediate modification orders disallowed
An immediate modification order is disallowed if, within 6 sitting days after the day on which it was made, the House of Representatives resolves to disallow it.
5: Disallowance has effect of revocation
Section 19 notice of motion to disallow it is agreed to House of Representatives resolves to disallow it
6: Section 20 repealed
Section 20
7: Notice of resolution to disallow immediate modification order
Section 21(1) a resolution disallowing an immediate modification order is agreed to by the House of Representatives the House of Representatives resolves to disallow an immediate modification order
8: New section 22 substituted
Section 22
22: Application of Regulations (Disallowance) Act 1989
An immediate modification order cannot be disallowed under the Regulations (Disallowance) Act 1989.


Fire Service Amendment Act 2010

1: Title
This Act is the Fire Service Amendment Act 2010.
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 Fire Service Act 1975 2010-07-07 Fire Service Act 1975
4: Relevant building defined for purposes of sections 21B to 21H
Section 21A(1)
d: a place where hazardous substances are present in quantities exceeding the prescribed minimum amounts, whatever the purpose for which the building is used:


1: Title
This Act is the Flags, Emblems, and Names Protection Amendment Act 2010.
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 Flags, Emblems, and Names Protection Act 1981 2010-07-07 Flags, Emblems, and Names Protection Act 1981
4: Unauthorised use of certain commercial names
Section 20(3)
r: the name New Zealand Food Safety Authority
s: the word NZFSA


1: Title
This Act is the Immigration Advisers Licensing Amendment Act 2010.
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 Immigration Advisers Licensing Act 2007 2010-07-07 Immigration Advisers Licensing Act 2007
4: What constitutes immigration advice
Section 7
2: To avoid doubt, a person is not considered to be providing immigration advice within the meaning of this Act if the person provides the advice in the course of acting under or pursuant toâ€”
a: the Ombudsmen Act 1975; or
b: any other enactment by which functions are conferred on Ombudsmen holding office under that Act.
5: Upgrade of licence
Section 23
4: If an application for an upgrade of a licence has been made but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.
5: The grant of an upgrade of a licence takes effect from the date of expiry of the previous licence (as determined before the application of subsection (4)


Misuse of Drugs Amendment ActÂ 2010

1: Title
This Act is the Misuse of Drugs Amendment Act 2010.
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 Misuse of Drugs Act 1975 2010-07-07 Misuse of Drugs Act 1975
4: Evidence of analysis
1: Section 31(2) or by registered post using a traceable system
2: Section 31(2A) or by registered post using a traceable system


1: Title
This Act is the Incorporated Societies Amendment Act 2010.
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 Incorporated Societies Act 1908 2010-07-07 Incorporated Societies Act 1908
4: New section 28 substituted
Section 28
28: Dissolution by Registrar
1: The Registrar may make a declaration (a declaration of dissolution
a: is no longer carrying on its operations; or
b: has been registered because of a mistake of fact or law.
2: The Registrar must ensure that, as soon as practicable after it is made, the declaration of dissolution is—
a: recorded in the register; and
b: published—
i: in the Gazette
ii: on an Internet site maintained by, or on behalf of, the Registrar, at all reasonable times, for a period of not less than 20 working days.
3: A society is dissolved at the time the declaration of dissolution is recorded in the register, with effect from the date of the declaration.
4: If the Registrar is satisfied that a declaration of dissolution was made in error and should be revoked, the Registrar may make a declaration (a declaration of revocation
5: The Registrar must ensure that, as soon as practicable after it is made, the declaration of revocation is—
a: recorded in the register; and
b: published—
i: in the Gazette
ii: on an Internet site maintained by, or on behalf of, the Registrar, at all reasonable times, for a period of not less than 20 working days.
6: At the time the declaration of revocation is recorded in the register the society is revived, as if no dissolution had taken place, with effect from the time that the society was dissolved.
5: Registrar to keep register of incorporated societies
Section 33
1A: The register may be kept in any manner that the Registrar thinks fit, including, either wholly or partly, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded or stored to be readily inspected or reproduced in a usable form.
6: Powers of inspection of Registrar
Section 34A
1A: To avoid doubt, in subsection (1) registers, records, accounts, books, or papers


Insolvency Amendment Act 2010

1: Title
This Act is the Insolvency Amendment Act 2010.
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 Insolvency Act 2006 2010-07-07 Insolvency Act 2006
4: Meaning of execution process
Section 35 execution process
d: having an interim charging order made final under rule 17.59 of the High Court Rules: .


1: Title
This Act is the Juries Amendment Act 2008 Amendment Act 2010.
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 Juries Amendment Act 2008 2010-07-07 Juries Amendment Act 2008
4: Jury districts
1: Section 4
1AA: Section 5(1) is amended by adding (in this section referred to as a High Court jury district)
2: Section 4(1) if the jury district is a District Court jury district, section 5(3)(b)
3: Section 4(3)
3: Section 5 is amended by repealing subsection (4) and substituting the following subsection:
4: If, by virtue of subsection (3), a place would be in 2 or more jury districts (both or all of which are High Court jury districts, or both or all of which are District Court jury districts), the boundaries of each of those districts must be declared by the Governor-General, by notice in the Gazette
a: no place is included in 2 or more jury districts; and
b: no place included in a jury district for a Court town is more than 45 km by the most practicable route from the courthouse in that town.
5: New sections 14B and 14C inserted
1: Section 11(1)
1: The Registrar may permit a person summoned to attend as a juror on an occasion to defer that person's attendance to serve as a juror to a time within a period that—
a: starts at least 8 weeks, and ends no later than 1 year, after the date on which the person is required to attend under the summons; and
b: is specified by the Registrar but lasts for at least 1 month; and
c: the person has indicated would be a more convenient period for the commencement of any jury service of that person that may result from the person having been summoned to attend as a juror.
2: Section 11(1)
1: After accepting an application under section 14B, the Registrar must—
a: promptly record in some way the exercise of the power of deferral in respect of the summons in relation to which the application under section 14B was made; and
b: promptly delete the person's details from the panel that was—
i: compiled under section 13(1); and
ii: the basis of the issue of that summons; and
c: if a later panel is compiled under section 13(1) because jury trials are to be held in the court and that later panel is so compiled at a time that enables the person to be summoned for jury service at a time within the period specified for the person under section 14B(1)(b)
d: if satisfied that no jury trials are to be held in the court during the period specified for the person under section 14B(1)(b)
3: Section 11(2) section 13(3A)
a: the Registrar has, following an application under section 14B, permitted the person to defer that person's jury service and—
i: the person is summoned under a replacement summons issued under section 14C(1)(c)
ii: the Registrar has served on the person a written notice under section 14C(1)(d) .
4: Section 11(5)
5: Section 35(1) is consequentially amended by repealing paragraph (d) and substituting the following new paragraphs:
d: prescribing the method or methods by which either or both of the following applications can be made:
i: an application under section 14B for deferral of jury service:
ii: an application under section 15 or 16 to be excused from jury service:
da: prescribing the method or methods of service for a written notice under section 14C(1)(d) .


Marriage Amendment Act 2010

1: Title
This Act is the Marriage Amendment Act 2010.
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 Marriage Act 1955 2010-07-07 Marriage Act 1955
4: New section 11 substituted
Section 11
11: Other persons may be marriage celebrants
1: Any person may apply to the Registrar-General to have his or her name entered on the list.
2: The application must—
a: be made in a form approved for the purpose by the Registrar-General; and
b: contain, or be accompanied by, such information as the Registrar-General requires; and
c: be accompanied by the prescribed fee (if any).
3: The Registrar-General may approve an application made under subsection (1)
a: the applicant is—
i: a Justice of the Peace; or
ii: a person who is otherwise of good character; and
b: the applicant will conscientiously perform the duties of a marriage celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 1995; and
c: it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be a marriage celebrant.


1: Title
This Act is the New Zealand Institute of Chartered Accountants Amendment Act 2010.
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 Act that was previously called the Institute of Chartered Accountants of New Zealand Act 1996 2010-07-07 Institute of Chartered Accountants of New Zealand Act 1996
4: Long Title amended
Paragraph (a) of the Long Title is amended by omitting Institute of Chartered Accountants of New Zealand New Zealand Institute of Chartered Accountants
5: Name of principal Act changed
1: From the commencement of this section,—
a: the Institute of Chartered Accountants of New Zealand Act 1996 New Zealand Institute of Chartered Accountants Act 1996
b: a reference in an enactment or in a document to the Institute of Chartered Accountants of New Zealand Act 1996
2: Section 1(1) Institute of Chartered Accountants of New Zealand New Zealand Institute of Chartered Accountants
6: Interpretation
The definition of Institute section 2 Institute of Chartered Accountants of New Zealand New Zealand Institute of Chartered Accountants
7: Heading above section 4 substituted
The heading above section 4 New Zealand Institute of Chartered Accountants
8: Continuation of Society as Institute
Section 4(1) Institute of Chartered Accountants of New Zealand New Zealand Institute of Chartered Accountants
9: New section 18A inserted
The following section is inserted after section 18
18A: References to Institute of Chartered Accountants of New Zealand
A reference in an enactment or in a document to the Institute of Chartered Accountants of New Zealand must, unless the context otherwise requires, be read as a reference to the New Zealand Institute of Chartered Accountants.
10: Amendments to other Acts
The Acts specified in Schedule 1 2010-07-07 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Biosecurity Act 1993 Building Research Levy Act 1969 Building Societies Act 1965 Commodity Levies Act 1990 Companies Act 1993 Financial Advisers Act 2008 Financial Reporting Act 1993 Friendly Societies and Credit Unions Act 1982 Gambling Act 2003 Industrial and Provident Societies Act 1908 Lawyers and Conveyancers Act 2006 Maori Community Development Act 1962 Maori Fisheries Act 2004 Motor Vehicle Sales Act 2003 Prisoners' and Victims' Claims Act 2005 Racing Act 2003 Receiverships Act 1993 Securities Act 1978 Securities Transfer Act 1991 Superannuation Schemes Act 1989 Te Ture Whenua Maori Act 1993 Trustee Act 1956 Unclaimed Money Act 1971 Wool Industry Restructuring Act 2003
11: Amendments to other enactments
The enactments specified in Schedule 2 2010-07-07 Airport Authorities (Airport Companies Information Disclosure) Regulations 1999 Climate Change (Unique Emissions Factors) Regulations 2009 Commodity Levies (Eggs) Order 2004 Commodity Levies (Fish) Order 2002 Commodity Levies (Meat) Order 2004 Commodity Levies (Nelson–Marlborough Dredge Oysters) Order 2001 Commodity Levies (Winegrapes) Order 2004 Commodity Levies (Wool) Order 2004 Deer Industry New Zealand Regulations 2004 Lawyers and Conveyancers Act (Trust Account) Regulations 2008 Real Estate Agents (Audit) Regulations 2009 Securities Act (Friendly Societies) Exemption Notice 2002 Securities Act (Kawaroa Consultancy Limited) Exemption Notice 2006 Securities Act (KCL Investments Limited) Exemption Notice 2006 Securities Act (KCL Investments Limited) Exemption Notice 2007 Securities Act (One Riccarton Road Limited) Exemption Notice 2007 Securities Act (Real Property Proportionate Ownership Schemes) Exemption Notice 2002 Securities Act (Venture Capital Schemes) Exemption Notice 2008 Securities Markets (Investment Advisers and Brokers) Regulations 2007


National Parks Amendment ActÂ 2010

1: Title
This Act is the National Parks Amendment Act 2010.
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 National Parks Act 1980 2010-07-07 National Parks Act 1980
4: Interpretation
Section 2 foreshore foreshore .
5: New section 51A inserted
The following section is inserted after section 51
51A: Other activities in parks
1: The Minister may do, or authorise a person to do, any thing that the Minister considers appropriate for the proper and beneficial management, administration, and control of a park.
2: If there is a management plan for the park, the Minister must not do, or authorise a person to do, any thing that is inconsistent with the management plan.
3: If the Minister authorises a person to do any thing, the Minister may impose any terms and conditions the Minister considers appropriate in the circumstances, including a condition requiring the payment of fees.


1: Title
This Act is the New Zealand Superannuation and Retirement Income Amendment Act (No 2) 2010.
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 New Zealand Superannuation and Retirement Income Act 2001 2010-07-07 New Zealand Superannuation and Retirement Income Act 2001
4: Special disability allowance
Section 20(1)
b: the person's spouse or partner is eitherâ€”
i: a patient in a hospital (as defined in section 19(1)) who is in receipt of a reduced benefit under section 19(4) or (6); or
ii: a resident assessed as requiring care (as defined in section 136 of the Social Security Act 1964), and in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or 142 of that Act.


Property Law Amendment Act 2010

1: Title
This Act is the Property Law Amendment Act 2010.
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 Property Law Act 2007 2010-07-07 Property Law Act 2007
4: When mortgagee becomes mortgagee in possession
1: Section 139(1)
c: the date of the mortgagee's application to the court for the order if—
i: the mortgagee applies to the court for an order for possession of the land or goods; and
ii: the court, in response to the mortgagee's application, makes the order.
2: Section 139
3: Despite subsections (1) and (2), sections 156, 162, and 163 apply to a mortgagee who becomes a mortgagee in possession under subsection (1)(c)
a: as if the references in sections 156(1) and 162(1) to the mortgagee's entering into possession were references to the making of the order for possession of the land or goods by the mortgagee; and
b: as if the references in sections 156(1)(b) and (c) and 163(1)(a) to the date of entry into possession were references to the date of the making of that order.


1: Title
This Act is the Protection of Personal and Property Rights Amendment Act 2010.
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 Protection of Personal and Property Rights Act 1988 2010-07-07 Protection of Personal and Property Rights Act 1988
4: Creation of enduring power of attorney
Section 94A
4A: If 2 people appoint each other as attorney, a witness to the signature of one person as donor ( witness A
a: is a lawyer or legal executive in the same firm as witness A; or
b: is an officer or employee of the same trustee corporation as witness A.


Public Finance Amendment ActÂ 2010

1: Title
This Act is the Public Finance Amendment Act 2010.
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 Public Finance Act 1989 2010-07-07 Public Finance Act 1989
4: Payment of expenses relating to investment
Section 65J(1)(b) or, if the Minister directs, a Departmental Bank Account


Public Records Amendment Act 2010

1: Title
This Act is the Public Records Amendment Act 2010.
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 Public Records Act 2005 2010-07-07 Public Records Act 2005
4: Basis for determining access status of local authority records
Section 46(2) controlling public office controlling local authority
5: Transitional provisions
Section 65(2)(b) 42(2)(a)(iii) 42(3)(c)


Radiocommunications Amendment Act 2010

1: Title
This Act is the Radiocommunications Amendment Act 2010.
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 Radiocommunications Act 1989 2010-07-07 Radiocommunications Act 1989
4: Licensing of supply of radio apparatus
Section 131(1) and importation for supply supply
5: Offence
1: Section 132(1) and importation for supply supply
2: Section 132
2: Every person commits an offence who, not being the holder of a licence issued under section 131 authorising that person to do so, does any of the following:
a: supplies or imports for supply any restricted radio apparatus:
b: offers to supply or to import for supply any restricted radio apparatus:
c: possesses for supply any restricted radio apparatus.
6: Regulations
1: Section 134(1)(a) and importation for supply supply
2: Section 134(1)(b) and importation for supply supply
3: Section 134(1)(c) and importation for supply supply
4: Section 134(1)(g) or manufacture manufacture, or importation


Rates Rebate Amendment Act 2010

1: Title
This Act is the Rates Rebate Amendment Act 2010.
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 Rates Rebate Act 1973 2010-07-07 Rates Rebate Act 1973
4: Interpretation
Paragraph (b) of the definition of income section 2(1) or partner spouse


Real Estate Agents Amendment Act 2010

1: Title
This Act is the Real Estate Agents Amendment Act 2010.
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 Real Estate Agents Act 2008 2010-07-07 Real Estate Agents Act 2008
4: Search of register
Section 69(1) (if any) fee
5: Regulations
Section 156(1)(j)


Sentencing Amendment Act (No 2) 2010

1: Title
This Act is the Sentencing Amendment Act (No 2) 2010.
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 2010-07-07 Sentencing Act 2002
4: Interpretation
The definition of instrument of crime section 4(1) ; and
c: in relation to any property referred to in paragraphs (a) and (b), the proceeds of any disposition of that property or any other property into which that property is converted, after the commission of the qualifying instrument forfeiture offence, except to the extent provided otherwise by any order of a court under this Act or the Criminal Proceeds (Recovery) Act 2009, excluding any severable interest or granting relief .


Securities Amendment Act 2010

1: Title
This Act is the Securities Amendment Act 2010.
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 Securities Act 1978 2010-07-07 Securities Act 1978
4: Disclosure of information from inspection
Section 68B(1) section 67 section 67A


1: Title
This Act is the Social Security Amendment Act (No 2) 2010.
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 Social Security Act 1964 2010-07-07 Social Security Act 1964
4: Review of decisions
Section 10A(1A) district benefits
5: New section 12S inserted
The following section is inserted after section 12R
12S: Appeals to Supreme Court
1: Any person affected by a determination of the High Court made under section 12Q, or a determination of the Court of Appeal made under section 12R, may apply, in accordance with the Supreme Court Act 2003, to the Supreme Court for leave to appeal against the determination.
2: Subsection (1)
6: Interpretation
Paragraph (b) of the definition of weekly accommodation costs section 61E or subsequent renewal or any subsequent review
7: Grant or renewal of benefit after death of applicant
1: The heading to section 62 or renewal
2: Section 62 or for the renewal of a benefit
3: Section 62 or renew
8: Disability allowance
Section 69C(5)
b: the recipient's spouse or partner is either—
i: a patient in a hospital (as defined in section 75(1)) who is in receipt of a reduced benefit under section 75(3) or (4); or
ii: a resident assessed as requiring care (as defined in section 136), and in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or 142,— .
9: Limitation where applicant receiving another benefit or war pension
Section 72(a) and 69C 61GA, and 69C, and section 23 of the Social Security (Working for Families) Amendment Act 2004
10: Limitation where applicant entitled to claim under Family Protection Act 1955 or Maori Affairs Act 1953
1: The heading to section 73 or Maori Affairs Act 1953
2: Section 73(1) or under Part 11 of the Maori Affairs Act 1953
3: Section 73(3) or Part 11 of the Maori Affairs Act 1953
11: Residential requirements for certain benefits
Section 74AA
1A: Subsection (1) does not apply to a person at a time when—
a: there is in force under section 19(1) of the Social Welfare (Transitional Provisions) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and
b: he or she is ordinarily resident in that country.
12: Persons liable for income tax on earnings while employed overseas deemed to be resident in New Zealand
1: Section 79(1) , on or after 23 June 1987, the return
2: Section 79(1)(a) and (b) and present to have been resident
13: Commencement of benefits
Section 80(8)
c: the employment—
i: was temporary employment, whether or not the person was aware it would be temporary employment when accepting the offer; or
ii: was part-time work for a period of less than 26 weeks, whether or not the person was aware it would be part-time work for a period of less than 26 weeks when accepting the offer; and .
14: Unemployment benefit: pre-benefit activities
Section 96A(8) section 11D(5) section 11D(7)
15: Application and obligations of work test
Section 102(2)(h) (2B) (2C)
16: Regulations relating to childcare assistance
Section 132AC
3: For the purposes of any adjustment required under subsection (2), the amount of—
a: any income limit to be adjusted is the amount in force immediately before the adjustment takes effect; and
b: any increase must be rounded up to the nearest whole dollar amount, but any subsequent adjustment must be calculated on the amount of the increase without the rounding.
17: Regulations relating to this Act
Section 155(2) 1 March 31 March


Statistics Amendment Act 2010

1: Title
This Act is the Statistics Amendment Act 2010.
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 Statistics Act 1975 2010-07-07 Statistics Act 1975
4: Interpretation
Section 2 means to access an electronic schedule
5: Employment of persons for collection of statistics
Section 19(1)(b) controllers managers enumerators collectors
6: Census of population and dwellings
Section 23
3: At a suitable time after the Proclamation made under subsection (2), the Statistician must publish, in whichever newspapers and by whichever other means the Statistician considers sufficient for notifying the public of New Zealand, the following information about the census:
a: the date of the census:
b: details of where to seek advice and guidance related to the census:
c: details of how to obtain a schedule if one has not been received.
7: Section 25 substituted
Section 25
25: Duty of persons to obtain census schedule
1: A person who for any reason has not received either a schedule relating to a census of population and dwellings, or a means to access an electronic schedule, must obtain either a schedule, or a means to access an electronic schedule, in accordance with the details published by the Statistician of how to obtain a schedule.
2: A person who obtains a schedule, or a means to access an electronic schedule under subsection (1)
a: retain the completed schedule until it is collected by a census collector; or
b: return the completed schedule in accordance with any instructions received from the Statistician when the schedule, or the means to access the electronic schedule, was obtained.
3: The fact that neither a schedule, nor a means to access an electronic schedule, was delivered to a person is not a defence to a prosecution under this Act for failure to fill in a schedule.
8: Duty of occupier and other persons abiding in dwelling
1: Section 26
2: If a person in respect of whom particulars are required to be furnished under subsection (1) chooses to fill in and return an electronic schedule, the occupier or person in charge of the dwelling may comply with his or her duty under subsection (1) by—
a: sighting a confirmation of receipt of the schedule that is issued electronically by the Department—
i: to the person who returned the schedule; or
ii: to the occupier or person in charge of the dwelling; or
b: obtaining verbal confirmation from the Department that it has received the electronic schedule.
2A: Subsection (2B)
a: a person in respect of whom particulars are required to be furnished under subsection (1) does not choose to use an electronic schedule; or
b: the occupier or person in charge of a dwelling is unwilling or unable to provide a computer facility for that person to use to access an electronic schedule.
2B: If this subsection applies, the person in respect of whom particulars are required to be furnished under subsection (1)
a: ask the occupier or person in charge of the dwelling to supply a paper schedule; or
b: obtain a paper schedule in accordance with the details published by the Statistician of how to obtain a schedule.
2C: An occupier or a person in charge of a dwelling who is asked under subsection (2B)(a)
2D: Any person in respect of whom particulars are required to be furnished under subsection (1)
a: fill in any schedule or schedules that are personal to himself or herself; and
b: furnish to the occupier or person in charge of the dwelling any particulars necessary for filling in any other schedule or schedules.
2E: A person who fills in a schedule pursuant to subsection (2D)(a)
a: in the case of a paper schedule,—
i: return the schedule in accordance with any instructions received from the Statistician when the schedule was obtained; or
ii: hand the schedule to the occupier or person in charge of the dwelling:
b: in the case of an electronic schedule, either—
i: return the schedule himself or herself; or
ii: allow the occupier or person in charge of the dwelling to return the schedule.
2F: A person who is aged 15 years or over may deliver a paper schedule that he or she filled in pursuant to subsection (2D)(a)
a: the census district number:
b: the census sub-district number:
c: the schedule number or numbers:
d: the person's name.
2: Subsection 26(3) is amended by omitting enumerator collector
9: New section 30 substituted
Section 30
30: Delivery of schedules
1: Delivery to any person of a schedule for the purposes of this Act is effected by delivering to that person, by any of the methods described in subsection (2)
a: a schedule; or
b: the means to access an electronic schedule.
2: A schedule, or the means to access an electronic schedule, may be delivered—
a: by personal delivery to a person; or
b: by post addressed to the person by name, or by office,—
i: at the person's last known place of abode or business; or
ii: at any address given by the person; or
c: by post addressed to the occupier of the dwelling or premises; or
d: by electronic means, including (without limitation) by fax, email, or text messaging, to an address nominated by the person for the purpose of delivery of a schedule or the means to access an electronic schedule; or
e: if any other person is authorised to act on behalf of the person, by delivery to that other person by any of the methods set out in paragraphs (a) to (c)
3: The time that delivery of a schedule or the means to access an electronic schedule is, in the absence of proof to the contrary, deemed to be effected is,—
a: if delivery is effected by post, the time when in the ordinary course of post delivery would be expected; and
b: if delivery is effected by electronic means, the time when the electronic communication enters the associated information system.
10: Onus to complete schedules
1: Section 31
1: If a schedule purporting to be issued under this Act, or the means to access an electronic schedule, is delivered in accordance with section 30
a: fill in, sign, and return the schedule to the Department within the stated time; or
b: access, fill in, and return the electronic schedule to the Department within the stated time.
2: If a schedule purporting to be issued under this Act, or the means to access an electronic schedule, is delivered in accordance with section 30
a: the schedule is filled in, signed, and returned to the Department within the stated time; or
b: the electronic schedule is accessed, filled in, and returned to the Department within the stated time.
2A: Subsection (2)
a: is specifically named in the schedule; or
b: is personally served with the schedule or the means to access an electronic schedule.
3: If a schedule purporting to be issued under this Act, or the means to access an electronic schedule, is delivered in accordance with section 30
a: fill in, sign, and return the schedule to the Department within the stated time; or
b: access, fill in, and return the electronic schedule to the Department within the stated time.
3A: Subsection (3)
a: is specifically named in the schedule; or
b: is personally served with the schedule or the means to access an electronic schedule.
2: Section 31(4) or the means to access an electronic schedule schedule
3: Section 31(5) or the means to access an electronic schedule schedule


Summary Proceedings Amendment Act 2010

1: Title
This Act is the Summary Proceedings Amendment Act 2010.
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 Summary Proceedings Act 1957 2010-07-07 Summary Proceedings Act 1957
4: Withdrawal of information by prosecutor
Section 158(2)(b) 13A(6)(d) of the Evidence Act 1908 109(1)(d) of the Evidence Act 2006
5: Provision for person in custody to be present at taking of statement
1: Section 166(a) Superintendent of the penal institution manager of the prison
2: Section 166(b) Superintendent manager
6: Application of provisions of Part 2
Section 184(2)
7: High Court Judge must determine trial Court in certain cases
Section 184Q(6) 13C of the Evidence Act 1908 112 of the Evidence Act 2006
8: Dealing with defendant committed for trial or for sentence
1: Section 184T(3) psychiatric hospital hospital or secure facility
2: Section 184T
4: Before making an order under subsection (3), the District Court must be satisfied, on the production of a certificate or certificates by 2 health assessors, that—
a: the defendant is mentally impaired; and
b: the defendant's mental condition requires that, in the defendant's own interest, the defendant should be detained in a hospital or secure facility instead of in a prison.
5: In subsections (3) and (4)
a: health assessor
b: hospital
c: secure facility
9: Child complainant's evidence may be given by video record
Section 185D(2) 185C(1) 185C(2)


Takeovers Amendment Act 2010

1: Title
This Act is the Takeovers Amendment Act 2010.
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 Takeovers Act 1993 2010-07-07 Takeovers Act 1993
4: Interpretation
1: Section 2(1) code company
a: is a party to a listing agreement with a registered exchange and that has securities that confer voting rights quoted on the registered exchange's securities market; or
b: was within paragraph (a)
c: has 50 or more shareholders .
2: The definition of security section 2(1) specified company code company
3: The definition of specified company section 2(1)
5: Object of this Act
Section 4 specified companies code companies
6: Functions of Panel
1: Section 8(1)(a) and (c) specified companies code companies
2: Section 8(1)(d) Part 3 of this Act Parts 3 and 4
3: Section 8(2) Part 3 of this Act Parts 3 and 4
7: Annual fee in respect of funding of Panel
Section 17(1) specified company code company
8: Power to make takeovers code
Section 19(1) specified companies code companies
9: Objectives of takeovers code
Section 20(1)(b) specified companies code companies
10: Matters to be considered by Minister in making recommendations concerning takeovers code
Section 21(b) and (f) specified company code company
11: Specific provisions applying to takeovers code
Section 22 specified company code company
12: Takeovers code not to apply in certain cases
Section 23 specified company code company
13: Temporary restraining orders
Section 33 specified company code company
14: When Court may make pecuniary penalty orders and declarations of contravention
Section 33M(c)(i) specified company code company
15: What declarations of contravention must state
Section 33O(e) specified company code company
16: Persons who may apply
1: Section 35(1)(b) specified company's code company's
2: Section 35(1) and (3) specified company code company
3: Section 35(3)(a) specified company's code company's
17: Court may require person to give evidence or produce documents relating to interests in securities
Section 42(1)(a) specified company code company
18: False or misleading statement or information
Section 44B(1)(b)(i) specified company code company
19: Persons entitled to appear before Court
1: Section 44V(c) specified company's code company's
2: Section 44V specified company code company
20: Consequential amendments
The enactments specified in the Schedule 2010-07-07 Companies Act 1993 Takeovers Amendment Act 2006 Takeovers Code Approval Order 2000


1: Title
This Act is the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2010.
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 Taratahi Agricultural Training Centre (Wairarapa) Act 1969 2010-07-07 Taratahi Agricultural Training Centre (Wairarapa) Act 1969
4: Taratahi Agricultural Training Centre (Wairarapa) Trust Board
Section 3(2)(d) Farm Education and Training Association Agriculture Industry Training Organisation Incorporated
5: Borrowing powers of Trust Board
Section 11(3) the training centre or any part thereof or any of its personal property any real or personal property owned by the Board


Telecommunications Amendment Act 2010

1: Title
This Act is the Telecommunications Amendment Act 2010.
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 Telecommunications Act 2001 2010-07-07 Telecommunications Act 2001
4: Matters to be included in final TSO cost calculation determination
Section 93E(e) paragraph (c) paragraph (d)
5: Payment by liable persons to TSO provider
Section 94(1) section 92(f) and (g) section 93E(d) and (e)