1: Title
This Act is the New Zealand Public Health and Disability (Waikato DHB) Elections Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to cancel the 2019 triennial general election of the Waikato DHB in order to provide, until the repeal date, for the continuation of the term of office of a commissioner for the Waikato DHB.
4: Interpretation
In this Act, unless the context otherwise requires,— 2000 Act New Zealand Public Health and Disability Act 2000 commissioner section 31 repeal date section 8 triennial general election clause 1 Waikato DHB Schedule 1
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Cancellation of election
7: Cancellation of 2019 election of Waikato DHB
1: The triennial general election for the Waikato DHB in 2019 is cancelled.
2: The following provisions do not apply to the Waikato DHB in relation to the triennial general election of 2019:
a: clause 8 Local Electoral Act 2001
b: clause 9
c: section 7(f)
8: Repeal
This Act is repealed on the day on which elected members of the Waikato DHB come into office after the triennial general election of 2022, in accordance with clause 14 58 days after polling day for triennial general election of 2022. Check 3 October 2022 for when elected members come into office, to get specific date. 2022-10-03 New Zealand Public Health and Disability (Waikato DHB) Elections Act 2019


1: Title
This Act is the Health (Drinking Water) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Health Act 1956 principal Act 2019-08-01 Health Act 1956
1: Amendments to Part 2A of principal Act
4: Section 69C amended (Application of sections 69S to 69ZC generally)
In section 69C(2) to (7) or operator of a designated port or airport
5: Section 69H replaced (All practicable steps)
Replace section 69H
69H: All practicable steps
1: In this Part, all practicable steps
a: the nature and severity of the harm that may be suffered if the result is not achieved; and
b: the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and
c: the current state of knowledge about harm of that nature; and
d: the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each; and
e: their availability; and
f: their affordability, in light of the person’s financial position.
2: To avoid doubt, a person required by this Part to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.
3: A person who wishes to rely on subsection (1)(f)
a: must keep a full and complete record of that person’s financial position and those of any associated person (as defined in section YA 1 of the Income Tax Act 2007); and
b: must, as soon as practicable and in any event not more than 28 days after being so requested by a drinking-water assessor or designated officer,—
i: produce evidence that the step or steps are not affordable, including a copy of the records referred to in paragraph (a)
ii: justify to the assessor or officer why it was not practicable to take the step or steps.
6: Section 69P amended (Minister must consult before issuing, adopting, or amending drinking-water standards)
1: In section 69P(1) over a period of at least 3 years
2: In section 69P(1)(a) in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin in accordance with subsection (3)
3: After section 69P(2)
3: The notice under subsection (1)(a) must be published—
a: on an Internet site to which the public has free access; or
b: in 1 or more newspapers circulating in the area likely to be affected by the matter to which the notice relates.
4: The Minister may also publish the notice in any other way the Minister considers desirable.
7: Section 69R replaced (Commencement of drinking-water standards)
Replace section 69R
69R: Commencement of drinking-water standards
Drinking-water standards (and any amendments to those standards) come into force on a day specified in a notice under section 69Q(1) that is at least 28 days after the date of publication of that notice in the Gazette
8: Section 69S amended (Duty of suppliers in relation to provision of drinking water)
In section 69S(1) take all practicable steps to
9: Section 69U amended (Duty to take reasonable steps to contribute to protection of source of drinking water)
Repeal section 69U(4)
10: Section 69V amended (Duty to take all practicable steps to comply with drinking-water standards)
1: In the heading to section 69V take all practicable steps to
2: In section 69V(1) take all practicable steps to
3: In section 69V(2) standards to the satisfaction of a drinking-water assessor
11: Section 69Z amended (Duty to prepare and implement water safety plan)
1: In section 69Z(8)(b) risk management
2: After section 69Z(8)(b)
c: take all reasonable steps to—
i: comply with the timetable set out in the supplier’s water safety plan in accordance with subsection (2)(a)(v) and (b)(iv); and
ii: manage and control the critical points identified in the supplier’s water safety plan.
12: Section 69ZF amended (Duty to take remedial action if drinking-water standards breached)
After section 69ZF(b)
2: If a drinking-water supplier implementing provisions of an approved water safety plan for the purpose of section 69V(2) becomes aware of a risk to the drinking-water supply, the supplier must take all practicable steps to correct the problem.
13: Section 69ZK amended (Director-General may appoint drinking-water assessors)
1: In section 69ZK(1) persons or agencies individuals
2: In section 69ZK(2) a person or agency an individual
3: In section 69ZK(2) the person or agency the individual
4: Repeal section 69ZK(2)(b) and (3)
5: In section 69ZK(4) person individual
14: Section 69ZP amended (Powers of drinking-water assessors and designated officers)
Replace section 69ZP(1)(a)
a: exercise the powers in sections 128 and 128A for that purpose in their own right (whether or not they hold any office or authorisation referred to in section 128), as long as they comply with sections 69ZR (which restricts the exercise of their powers) and 69ZS (which requires a warrant to enter a dwellinghouse); and
15: Section 69ZZZB amended (Director-General must publish annual report)
Replace section 69ZZZB(1)
1: The Director-General must ensure that a report on drinking water is prepared and published, by or on behalf of the Director-General, before 1 July in each year.
2: Further amendments to principal Act
16: Section 69E amended (Application of sections 69S to 69ZC to water carriers)
In section 69E(1) and (2) or operator of a designated port or airport
17: Section 69F amended (Bulk suppliers, networked suppliers, water carriers, and designated ports or airports may elect earlier compliance)
1: In the heading to section 69F water carriers, and designated ports or airports and water carriers
2: In section 69F(1) and (2) water carrier, or designated port or airport or water carrier
18: Section 69G amended (Interpretation)
1: In section 69G critical points
2: In section 69G designated port or airport medical officer of health
3: In section 69G drinking-water assessor drinking-water assessor
4: In section 69G drinking-water supplier
5: In section 69G rural agricultural drinking-water supply commercial
6: In section 69G rural agricultural drinking-water supply a drinking-water supply using that part of a drinking-water supply that uses
19: Section 69J amended (Drinking-water register)
1: In section 69J(1)(a) operators of designated ports or airports,
2: In section 69J(3)(e) the operator of a designated port or airport,
20: Section 69K amended (Applications for registration)
Repeal section 69K(4)(a)(iii)
21: Section 69O amended (Minister may issue, adopt, amend, or revoke drinking-water standards)
In section 69O(3)(b) designated port or airport,
22: Section 69ZR amended (Restrictions on exercise of powers)
In section 69ZR(1)(c)
a: or designated officer who is not a medical officer of health
b: or officer
23: Section 69ZX replaced (Register of drinking-water assessors)
Replace section 69ZX
69ZX: Register of drinking-water assessors
1: The Director-General must maintain a register of individuals who have been appointed as drinking-water assessors.
2: The following particulars must be recorded in the register in respect of every individual registered as a drinking-water assessor:
a: the individual’s name and any business contact details; and
b: the date and term of the individual’s appointment; and
c: any conditions on the individual’s appointment; and
d: any other particulars that may be required by or under this Part or regulations made under section 69ZZY.
3: The register may also include any other information relevant to an individual’s appointment as a drinking-water assessor that the Director-General considers appropriate.


Misuse of Drugs Amendment Act 2019

1: Title
This Act is the Misuse of Drugs Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Misuse of Drugs Act 1975 principal Act 2019-08-13 Misuse of Drugs Act 1975
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
1: In section 2(1) Class C controlled drug includes any temporary class drug and
2: In section 2(1) controlled drug includes any temporary class drug and
3: In section 2(1) temporary class drug section 4C
5: New sections 4C to 4G inserted
After section 4B
4C: Temporary class drug order
1: The Minister may, by an order published in the Gazette
2: The Minister must not make an order if the substance, preparation, mixture, or article is already a Class A controlled drug, a Class B controlled drug, a Class C controlled drug (except a controlled drug analogue), or a precursor substance.
3: The Minister must not make an order unless satisfied that the substance, preparation, mixture, or article that is to be specified in the order—
a: poses, or may pose, a risk of harm to individuals or to society; and
b: has not been classified under this Act, except as a controlled drug analogue.
4: An order may describe the substance, preparation, mixture, or article by either or both of the following:
a: its chemical name, or one of its chemical names:
b: a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the order.
5: An order must state the date on which the order comes into force, and that date must not be earlier than the day after the date of the publication of the order in the Gazette
4D: Effect of temporary class drug order
1: This section applies to every temporary class drug while it remains subject to a temporary class drug order.
2: The temporary class drug must be treated for all purposes as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3.
3: See section 7(5)
4: A substance that has a structure substantially similar to the temporary class drug must not be treated as a controlled drug analogue just because of that similarity.
4E: Further action relating to temporary class drugs
1: While a temporary class drug order is in place, the Minister must seek advice, as the Minister considers appropriate, under section 5 or 5AA (or both) about the temporary class drug and its appropriate classification (if any, including as a precursor substance) under this Act.
2: As soon as possible after the publication of a temporary class drug order in the Gazette
a: on the Ministry of Health's Internet site, in an electronic form that is publicly accessible; and
b: in any other way that the Director-General considers appropriate in the circumstances.
4F: Duration of temporary class drug order
1: A temporary class drug order expires at the earliest of—
a: the close of the day that is 1 year after the date on which the order came into force; and
b: the date on which the substance, preparation, mixture, or article is—
i: classified as a Class A controlled drug; or
ii: classified as a Class B controlled drug; or
iii: classified as a Class C controlled drug; or
iv: added to Schedule 4 as a precursor substance; and
c: its revocation by the Minister by order in the Gazette
2: A temporary class drug order may be renewed by the Minister—
a: before the date of its expiry as calculated under subsection (1)
b: on 1 occasion only; and
c: only for the purpose of allowing sufficient time for the Minister to obtain the advice that is to be sought under section 4E(1)
4G: Status of temporary class drug order
A temporary class drug order is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
6: Section 7 amended (Possession and use of controlled drugs)
After section 7(4)
5: To avoid doubt, it is affirmed that there is a discretion to prosecute for an offence against subsection (1)(a), and a prosecution should not be brought unless it is required in the public interest.
6: When considering whether a prosecution is required in the public interest, in addition to any other relevant matters, consideration should be given to whether a health-centred or therapeutic approach would be more beneficial to the public interest.
7: Schedule 1 amended
In Schedule 1 5F-ADB: Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate AMB-FUBINACA: Methyl (2S)-2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoate
2: Amendment to Psychoactive Substances Act 2013
8: Psychoactive Substances Act 2013 amended
1: This section amends the Psychoactive Substances Act 2013
2: After section 9(3)(b)
ba: a substance, preparation, mixture, or article specified by an order made under section 4C 2019-08-13 Psychoactive Substances Act 2013


1: Title
This Act is the Copyright (Marrakesh Treaty Implementation) Amendment Act 2019.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council.
2: That date must be the date on which the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on 27 June 2013, enters into force for New Zealand. Section 2 brought into force 4 January 2020 clause 2 Copyright (Marrakesh Treaty Implementation) Amendment Act 2019 Commencement Order 2019
3: Principal Act
This Act amends the Copyright Act 1994 principal Act OIC LI 2019/276 2020-01-04 Copyright Act 1994
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
In section 2(1) accessible format copy authorised entity
a: an entity of a type set out in section 69(1)
b: in relation to the import into and export from New Zealand of accessible format copies, includes an entity authorised or recognised by the government of the relevant Marrakesh Treaty country as an authorised entity for the purposes of the Treaty charitable entity Marrakesh Treaty country print disability
a: means an impairment that prevents the person from enjoying a printed copyright work to the same degree as a person who does not have that impairment; but
b: excludes an impairment of visual function that can be improved, by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light
5: Section 69 replaced (Provision of Braille copies of literary or dramatic works)
Replace section 69
69: Authorised entity types
1: An entity that is 1 or more of the following may undertake the activities set out in section 69A
a: an educational establishment:
b: an educational resource supplier:
c: a prescribed library within the meaning given in section 50(1):
d: a charitable entity that has a purpose consistent with making accessible format copies available to persons who have a print disability.
2: Before beginning activities under section 69A
69A: Accessible format copy activities by authorised entity
1: An authorised entity does not infringe copyright in the relevant work if the entity acts in accordance with this section.
2: An authorised entity may make an accessible format copy if the entity—
a: has taken all reasonable steps to notify the owner of the copyright in the work of its intention to make an accessible format copy; and
b: is making the copy to provide it only to persons who have a print disability, persons acting on their behalf, or other authorised entities; and
c: ensures that the copy respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format.
3: An authorised entity ( A B
a: has taken all reasonable steps to notify the owner of the copyright in the work of its intention to make an accessible format copy; and
b: is importing the copy to provide it only to persons who have a print disability, persons acting on their behalf, or other authorised entities; and
c: has taken all reasonable steps to ensure that the copy respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format.
4: An authorised entity may do 1 or more of the following:
a: export from New Zealand an accessible format copy to an authorised entity, or a person who has a print disability, in another Marrakesh Treaty country:
b: reproduce copies—
i: made or imported into New Zealand under this section; or
ii: provided to the entity under section 69B(2)(c)
c: provide, by communication or otherwise, accessible format copies made or imported under this section or provided to the entity under section 69B(2)(c)
i: persons in New Zealand who have a print disability or persons acting on their behalf; and
ii: other authorised entities in New Zealand.
69B: Accessible format copy activities by person who is not authorised entity
1: A person who is not an authorised entity does not infringe copyright in the relevant work if he or she—
a: has a print disability or is acting on behalf of someone who has a print disability; and
b: intends the accessible format copy to be only for the use of the person who has a print disability; and
c: acts in accordance with subsection (2)
2: The person may do 1 or more of the following:
a: make an accessible format copy that respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format:
b: import into New Zealand an accessible format copy from an authorised entity in another Marrakesh Treaty country:
c: provide the accessible format copy that he or she made or imported under paragraph (a) or (b)
69C: Duties of authorised entity in regard to records and fees
1: An authorised entity must—
a: make and keep a record of a work of which it has—
i: made, provided, reproduced, imported, or exported an accessible format copy under section 69A
ii: received an accessible format copy under section 69B(2)(c)
b: permit the copyright owner to inspect the record—
i: during normal office hours; or
ii: at any reasonable time, if the entity does not have office hours.
2: An authorised entity may charge a fee for providing an accessible format copy to a person, but the fee must not be higher than the sum of the cost to the entity of making, providing, reproducing, importing, or exporting the copy (as applicable) and a reasonable contribution to the general expenses of the entity.
69D: Ministry must publish list of authorised entities on Internet site
The Ministry must publish on its Internet site a list of authorised entities that have given notice under section 69(2)
6: Section 93 amended (Subsequent dealings with copies made under this Part)
Replace section 93(2)(n)
n: sections 69A and 69B
7: Section 234 amended (Regulations)
Replace section 234(d)
d: prescribing bodies for the purposes of section 72, 89, 90, 185, 190, or 191:
8: New Part 3 of Schedule 1 inserted
In Schedule 1 Part 3 Schedule
2: Consequential amendment to Copyright (General Matters) Regulations 1995
9: Consequential amendment to Copyright (General Matters) Regulations 1995
This Part amends the Copyright (General Matters) Regulations 1995 OIC LI 2019/276 2020-01-04 Copyright (General Matters) Regulations 1995
10: Regulation 5 revoked (Prescribed bodies for purposes of section 69 of Act)
Revoke regulation 5


Contempt of Court Act 2019

1: Title
This Act is the Contempt of Court Act 2019.
2: Commencement
1: This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: the date that is 1 year after the date on which this Act receives the Royal assent.
2: One or more Orders in Council may be made under subsection (1)(a) appointing different dates for different provisions.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purposes
1: The principal purposes of this Act are to—
a: promote and facilitate the administration of justice and uphold the rule of law; and
b: maintain and enhance public confidence in the judicial system; and
c: reform the law of contempt of court.
2: For those purposes, this Act enables courts to make certain orders and impose certain sanctions so that—
a: civil and criminal court proceedings are heard and determined fairly by independent and impartial Judges; and
b: jury verdicts are based only on facts admitted or proved by properly adduced evidence after free, frank, and confidential jury discussions, and the finality of verdicts is protected; and
c: individual cases are heard and determined in a manner that is expeditious, efficient, and consistent with the principles of justice and the rule of law; and
d: except in proceedings where the law restricts access to the court or restricts the reporting of proceedings (such as proceedings in the Family Court or the Youth Court) or in unusual circumstances, proceedings are open to the public and news media; and
e: orders made by the courts are enforceable; and
f: the independence, integrity, impartiality, and authority of the judiciary are protected.
3: In reforming the law of contempt of court in New Zealand, this Act—
a: abolishes the common law contempts of—
i: contempt in the face of the court; and
ii: publishing information that interferes with a fair trial; and
iii: jurors researching information relevant to the trial; and
iv: disclosing juror deliberations; and
v: disobeying court orders; and
vi: scandalising the court; but
b: preserves the inherent jurisdiction of the High Court to punish for contempt of court in circumstances where this Act does not apply.
4: Interpretation
In this Act, unless the context otherwise requires,— bailiff section 4 category 3 offence category 4 offence section 6 charged Criminal Procedure Act 2011 constable section 4 court
a: the District Court:
b: the High Court:
c: the Court of Appeal:
d: the Supreme Court judicial officer
a: a High Court Judge:
b: a District Court Judge:
c: a Community Magistrate:
d: a Justice of the Peace officer of the court
a: a person who holds an office referred to in section 33
b: a person who is an officer of the court as defined in section 4 online content host person Police employee section 4 publish
a: insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or
b: send to any person, by post or otherwise; or
c: deliver to any person or leave upon premises occupied by any person; or
d: broadcast within the meaning of the Broadcasting Act 1989
e: include in any film or video recording; or
f: disseminate by means of the Internet or any other electronic, digital, or similar medium; or
g: display by way of a sign, a notice, a poster, or other means.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
1: This Act binds the Crown.
2: However, to avoid doubt, a court may not issue a warrant, impose a fine, or make an order under section 16(4)(a) or (b)
3: Nothing in subsection (2) Declaratory Judgments Act 1908
2: Provisions to promote and facilitate administration of justice
1: Prohibiting publication of certain criminal trial information
7: Offence to publish certain criminal trial information
1: This section applies if a person ( person A
a: applies from the time of the arrest or charge (whichever happens first) until the delivery of the verdict; and
b: ceases to apply if—
i: person A is not charged; or
ii: person A pleads guilty to the offence or a jury delivers a verdict for the offence; or
iii: the charge for the offence is withdrawn, dismissed, stayed, or otherwise disposed of; or
iv: a Judge-alone trial starts for the offence.
2: A person commits an offence if—
a: the person intentionally publishes any information; and
b: the information is relevant to any trial of person A; and
c: there is a real risk that the publication could prejudice person A’s right to a fair trial.
3: A person who commits an offence against subsection (2)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $25,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
4: A person has a defence in a prosecution for an offence against subsection (2)
a: at the time of the publication of the information and after taking all reasonable care, the person did not know or could not reasonably have known of person A’s arrest or charge or the possibility or existence of a jury trial; or
b: as the online content host or the distributor of the publication, after taking all reasonable care, the person did not know or could not reasonably have known that it contained information that created a real risk of prejudicing person A’s right to a fair trial.
5: Subsection (2)
8: How court determines whether publication creates real risk of prejudice to right to fair trial
1: In determining whether, for the purpose of section 7(2)(c)
a: the likely effect of the publication as a whole:
b: whether the publication is likely to be available to jurors or potential jurors:
c: the medium in which the publication is presented and its potential accessibility and durability:
d: the content of the publication:
e: the character of the publication, including the language and tone used in it:
f: any other relevant circumstances relating to the likely effect of the publication.
2: In its consideration of the content of the publication, the court may (without limitation) consider whether the publication includes any of the following:
a: information indicating that person A is of bad character, including previous misconduct, criminal or gang affiliations, criticism of person A’s personality, or information about previous charges or acquittals:
b: information indicating that person A has confessed to the charge, or any component of it, or to conduct that may result in person A being charged or convicted:
c: information commenting on the credibility of person A or any witnesses:
d: information given at trial in the jury’s absence or information that has been ruled inadmissible at trial:
e: photographs, pictorial information, or other information that reveals the appearance of person A if the identity of the alleged offender is, or is likely to be, in issue at trial.
9: Further provisions applying for purpose of section 7
1: If a person is convicted of an offence against section 7(2)
2: A person who knowingly or recklessly fails to comply with an order made under subsection (1) section 211
3: A person who fails to comply with an order made under subsection (1) section 211
4: Subpart 7 subsection (1)
2: Dealing with disruptive behaviour relating to court proceedings
10: Judicial officer may cite disruptive behaviour
1: This section applies if a judicial officer believes that any person is—
a: wilfully disrupting the proceedings of a court; or
b: wilfully and without lawful excuse disobeying any order or direction of the court in the course of the hearing of any proceedings.
2: The judicial officer may take 1 or more of the following actions:
a: order that the person be excluded from the sitting of the court:
b: cite the person for disruptive behaviour and order that the person be taken into custody and detained until a time no later than the time the court rises for the day.
3: Any constable or officer of the court, with or without the assistance of any other person, is authorised to execute the order and may take the person into custody or remove the person in accordance with the order.
4: Any person taken into custody under this section must be dealt with in accordance with the procedure in section 11
11: Procedure for dealing with person cited for disruptive behaviour
1: While being held in custody, a person cited for disruptive behaviour must be given a reasonable opportunity to—
a: obtain legal representation; and
b: apologise to the court.
2: Before the court rises for the day on which the person is cited and ordered to be detained, the judicial officer must review the matter and, if the judicial officer considers that further punishment is necessary, the judicial officer must—
a: provide a written statement to the person cited that specifies the behaviour that the judicial officer believes was disruptive behaviour; and
b: if the judicial officer is a Judge, consider whether there are exceptional circumstances that warrant a different Judge hearing the matter; and
c: set the matter down for determination before a Judge within the next 7 days.
3: If the matter is set down for determination, section 168
4: At the hearing,—
a: the Judge may receive from any person any evidence or statement that the Judge considers relevant; and
b: the Judge must make a finding under subsection (5)
5: On finding beyond reasonable doubt that the person is guilty of the conduct described in section 10(1)(a) or (b)
a: must not convict the person; but
b: may—
i: issue a warrant committing the person to imprisonment for a term not exceeding 3 months; or
ii: impose on the person a fine not exceeding $10,000; or
iii: order the person to do community work, not exceeding 200 hours, as the Judge thinks fit.
12: Further provisions applying for purpose of this subpart
1: Subparts 1 2 3 section 11(5)
2: Subpart 5 section 11(5)
3: A warrant for the committal of any person to prison under section 11(5)
4: Any person committed to prison by any court under section 11(5) Corrections Act 2004
3: Provisions relating to juries
13: Jury members who investigate or research case are liable to fine
1: This section applies if a person who is a member of a jury constituted for a trial,—
a: during the trial period, intentionally investigates or researches information relevant to the trial; and
b: does so when the person knew or ought reasonably to have known it is or may be information relevant to the trial.
2: This section does not apply if the person undertakes the investigation or research with the permission, or at the direction, of the trial Judge.
3: If this section applies, the Judge—
a: must explain or provide a written statement to the person that specifies the behaviour that the Judge believes may constitute a breach of subsection (1)
b: must give the person a reasonable opportunity to obtain legal advice; and
c: may receive from any person any evidence or statement that the Judge considers relevant; and
d: must make a finding under subsection (4)
4: On finding beyond reasonable doubt that the person is guilty of the conduct described in subsection (1)
a: must not convict the person; but
b: may impose on the person a fine not exceeding $5,000.
5: Subpart 5 subsection (4)
6: In this section,— information relevant to the trial
a: the defendant:
b: any other person involved in the events which are the subject of the trial:
c: any person involved in the trial, including a witness:
d: the events that are the subject of the trial:
e: the law relating to the trial:
f: the law of evidence investigate or research
a: ask a question or have a discussion (by any means) with a person who is not a jury member or the trial Judge:
b: search any information source, including the Internet:
c: visit or inspect a place or an object:
d: conduct an experiment:
e: ask another person to perform any of the actions listed above trial period
a: begins when a jury has been constituted under section 19 of the Juries Act 1981; and
b: ends when the jury is discharged or, in the case of an individual jury member who is discharged during the trial, the member is discharged.
14: Offence to disclose jury deliberations
1: A person commits an offence if the person intentionally discloses, solicits, or obtains information about statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in the course of their deliberations in proceedings before a court.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000; or
b: in the case of a body corporate, a fine not exceeding $40,000.
15: Exceptions to section 14
1: It is not an offence against section 14(1)
a: is sought by, or disclosed to, the court in the course of the performance of the jury’s functions; or
b: is disclosed to the trial Judge during or after the trial in a complaint or allegation of misconduct by a juror; or
c: is sought or disclosed by a current or former juror in discussions with a health practitioner who is treating the juror in relation to issues arising out of their jury service; or
d: is sought or disclosed during or after the trial with the permission of the presiding Judge or the relevant head of bench, including for the purpose of conducting research about juries or jury service; or
e: is sought or disclosed as directed by a court (including on an appeal); or
f: is disclosed under subsections (2) to (5)
2: A person who has reason to believe that an offence against section 14(1) subsection (3)
3: The persons concerned are—
a: the Solicitor-General:
b: a Police employee:
c: the prosecutor in the trial:
d: a lawyer acting for the defendant.
4: The person who refers the matter may disclose to the recipient information about statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in the course of their deliberations.
5: A recipient of information under subsection (4) section 14(1)
6: In this section, health practitioner section 5
4: Enforcement of certain court orders
16: Certain court orders and undertakings may be enforced
1: This section applies to—
a: any interim or final order, decision, decree, direction, or judgment of a court (a court order section 17
b: any undertaking given to the court if, on the faith of the undertaking, the court has sanctioned a particular course of action or inaction.
2: A court may enforce the court order or undertaking against the party, non-party, or other person bound by the order or undertaking by taking action provided for in subsections (3) and (4)
a: the party who sought the order or undertaking being enforced; or
b: a person who benefits from, or has an interest under, the order or undertaking; or
c: the Solicitor-General, if the Solicitor-General is satisfied that there is a high degree of public interest in enforcing the order or undertaking.
3: The court—
a: must not proceed further under this section unless it is satisfied that other methods of enforcing the court order or undertaking have been considered and are inappropriate or have been tried unsuccessfully; and
b: if so satisfied, must make a finding as to whether it is proved beyond reasonable doubt that—
i: the court order or undertaking being enforced has been made in clear and unambiguous terms and is clearly binding on the person; and
ii: the person had knowledge or proper notice of the terms of the court order or undertaking being enforced; and
iii: the person has, without reasonable excuse, knowingly failed to comply with the court order or undertaking being enforced.
4: On finding beyond reasonable doubt that the requirements of subsection (3)(b)(i) to (iii)
a: do any of the following:
i: issue a warrant committing the person or a director or an officer of the body corporate, as the case may be, to a term of imprisonment not exceeding 6 months:
ii: impose a fine,—
A: in the case of an individual, not exceeding $25,000; or
B: in the case of a body corporate, not exceeding $100,000:
iii: order the individual or a director or an officer of the body corporate, as the case may be, to do community work, not exceeding 200 hours, as the court thinks fit:
b: if the court is the High Court, make a sequestration order in accordance with the rules of court.
5: An applicant may apply under subsection (2) subsections (3) and (4)
6: Any enforcement action under this section does not operate to extinguish or affect the liability of the person to comply with a court order or an undertaking.
17: Jurisdiction to take certain action under section 16
1: A court may take action under section 16 section 3(2)
2: Only the High Court may take action under section 16
18: Provisions relating to fines and orders
1: If the court fines a person under section 16 section 16(2)(a) to (c)
2: If the remedy sought under section 16
3: Section 16
19: Application of Sentencing Act 2002 and Criminal Procedure Act 2011
1: Subparts 1 2 3 section 16(4)(a)
2: Subpart 5 section 16(4)(a) or (b)
20: Provisions relating to imprisonment imposed under section 16
1: A warrant for the committal of any person to prison under section 16(4)
2: Any person committed to prison by any court under section 16(4) Corrections Act 2004
3: If at any time it appears to the satisfaction of a Judge of the court that committed the person to prison that the person ought for any reason to be discharged, the Judge may order the person’s discharge from prison on any terms (including liability to rearrest if the terms are not complied with) that the Judge thinks fit.
5: Prohibiting publication of false statements about Judge or court, and power to make take-down orders
21: Interpretation
In this subpart,— court section 4 Judge
22: Offence to publish false statement about Judge or court
1: A person commits an offence if—
a: the person publishes a false statement about a Judge or court; and
b: the person knew or ought reasonably to have known that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court; and
c: there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or a fine not exceeding $25,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
23: Further provisions applying for purpose of section 22
1: A charging document for an offence against section 22(1)
2: Despite any other enactment, a proceeding against a defendant for an offence against section 22(1)
24: Power to make take-down order
Interim order
1: On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (2)
2: The court may make an order under subsection (1) interim order
a: the person has published a false statement about a Judge or court; and
b: there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
3: An interim order expires if—
a: an application for a permanent order is not made within 20 working days (as defined in section 5
b: an application for a permanent order is made within that period, but the application—
i: is declined; or
ii: is withdrawn or otherwise lapses; or
c: a permanent order is made. Permanent order
4: On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (5)
5: The court may make an order under subsection (4) permanent order
a: the person has published a false statement about a Judge or court; and
b: there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
3: General provisions and consequential amendments
25: Judicial powers exercisable as often as necessary to control proceedings
1: This section applies to any order that may be made, or action taken, under—
a: section 10
b: section 11
c: section 13
d: section 16
2: Unless the context otherwise requires, the power of a judicial officer to make any order or take any action under this Act to which this section applies is exercisable in any proceedings as often as the judicial officer considers necessary to control the proceedings.
26: How this Act relates to other authority or power to punish for contempt of court
1: Where this Act confers on a court or Judge any jurisdiction, authority, or power to punish a person for contravening or failing to comply with any provision of this Act, the court or Judge has no inherent jurisdiction or power to punish that conduct.
2: Nothing in this Act limits or affects any authority or power of a court, including the authority of the High Court under its inherent jurisdiction, to punish any person for contempt of court in any circumstances to which this Act does not apply.
3: However, if any court, tribunal, or inquiry constituted by or under an Act lacks authority to punish a contempt or enforce its processes, the High Court may punish a contempt or enforce the processes of the court, tribunal, or inquiry in the same manner as it may punish a contempt or enforce the processes of the High Court under this Act.
4: The Supreme Court and the Court of Appeal have the same authority as the High Court to punish any person for contempt of court in any circumstances to which this Act does not apply.
5: The following contempts are abolished as part of the common law of New Zealand:
a: contempt in the face of the court:
b: publishing information that interferes with a fair trial:
c: jurors researching information relevant to the trial:
d: disclosing juror deliberations:
e: disobeying court orders:
f: scandalising the court.
27: Maximum penalty and appeal rights for finding of contempt under inherent jurisdiction
1: The maximum penalty that may be imposed by the High Court in the exercise of its inherent jurisdiction to punish any person for contempt of court in any circumstances to which this Act does not apply is 6 months’ imprisonment.
2: Subpart 5
28: References in other Acts to contempt of court
Unless the context otherwise requires, references in any other Act to the power of a court to punish a person for contempt of court or to proceedings for contempt of court must be read as references to the power to punish for contempt of court, or to proceedings, under this Act.
29: Consequential amendments
Amend the enactments specified in Schedule 2 2020-08-26 Commissions of Inquiry Act 1908 Coroners Act 2006 Corporations (Investigation and Management) Act 1989 Courts Security Act 1999 Crimes Act 1961 Criminal Disclosure Act 2008 Criminal Procedure Act 2011 District Court Act 2016 Electoral Act 1993 Employment Relations Act 2000 Family Court Act 1980 Habeas Corpus Act 2001 Harassment Act 1997 Human Rights Act 1993 Inquiries Act 2013 Juries Act 1981 Lawyers and Conveyancers Act 2006 Parole Act 2002 Reserve Bank of New Zealand Act 1989 Resource Management Act 1991 Senior Courts Act 2016 Tax Administration Act 1994 Te Ture Whenua Maori Act 1993 Trustee Companies Management Act 1975 Victims’ Orders Against Violent Offenders Act 2014


1: Title
This Act is the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the KiwiSaver Act 2006 principal Act 2019-08-27 KiwiSaver Act 2006
4: Section 4 amended (Interpretation)
1: In section 4(1) CYPFA guardian
2: In section 4(1) guardian CYPFA guardian Oranga Tamariki guardian
3: In section 4(1) Oranga Tamariki guardian B
a: appointed by an order under section 110 of the Oranga Tamariki Act 1989 as the sole guardian of B or as a guardian of B in addition to any other guardians of B; or
b: appointed by an order under section 113A of that Act as a special guardian of B; or
c: whose sole guardianship of B arises under section 119 of that Act (about the death of a guardian appointed under section 110(1)(e) of that Act who, on his or her death, was B’s sole guardian)
5: Section 35 amended (Opting in by persons under 18)
1: Replace section 35(3)
3: A person who is 16 or 17 years old with a guardian or an Oranga Tamariki guardian may opt in if the person and 1 of their guardians or Oranga Tamariki guardians jointly contract directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—
a: contracting directly with the provider; and
b: 18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and
c: opting in under section 34(1)(a).
2: Replace section 35(5)
5: A person who is less than 16 years with an Oranga Tamariki guardian may opt in if 1 of the person’s Oranga Tamariki guardians (independently from the person, and from all other, if any, Oranga Tamariki guardians, guardians, or both, of the person) contracts directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—
a: contracting directly with the provider; and
b: 18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and
c: opting in under section 34(1)(a).
3: In section 35(6) CYPFA Oranga Tamariki
6: Section 59CB amended (Confirmed back-dated validation for those under 18 years at time of enrolment or opt-in)
After section 59CB(9)
10: References in this section to a guardian include an Oranga Tamariki guardian.
7: New section 242 inserted (Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019)
After section 241
242: Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019
Non-compliance with financial markets legislation, as defined in section 6(1) of the Financial Markets Conduct Act 2013, or the Fair Trading Act 1986 is ignored if the non-compliance results from the enactment of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019 and—
a: the non-compliance does not continue on or after the expiry of the 2-month period that starts on the date of Royal assent of that Act; or
b: the non-compliance relates to a product disclosure statement under the Financial Markets Conduct Act 2013 and the period of the non-compliance ends before the expiry of the 4-month period that starts on the date of Royal assent of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.


1: Title
This Act is the Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019.
2: Commencement
1: Part 1
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: One or more orders may be made under subsection (2) bringing different provisions into force on different dates.
4: Any provision that has not earlier been brought into force comes into force on 30 August 2021 Section 2(2) brought into force 14 March 2021 clause 2 Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act Commencement Order 2020 Section 2(4) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020
1: Amendments relating to derivative margins
1: Amendments to Reserve Bank of New Zealand Act 1989
3: Principal Act
This subpart amends the Reserve Bank of New Zealand Act 1989 principal Act 2019-08-31 Reserve Bank of New Zealand Act 1989
4: Section 122 amended (Moratorium)
After section 122(9)
9A: Nothing in subsection (1) limits or prevents the exercise of any rights to enforce a security interest over collateral to the extent that the security interest secures payment or performance of an obligation under or in relation to a qualifying derivative if—
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before the exercise of the rights, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the grantor) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing; and
c: the rights are exercised after the specified time.
9B: See sections 122A to 122E subsection (9A)
5: New sections 122A to 122E inserted
After section 122
122A: Definitions of terms relating to qualifying derivatives
1: For the purposes of sections 122(9A), 122B, 122C, 122D, and 122E collateral
a: a financial product:
b: gold, silver, or platinum:
c: a document of title, a chattel paper, an investment security, money, a negotiable instrument, or an intangible (with terms and expressions used in this paragraph having the same meanings as in section 16(1) of the Personal Property Securities Act 1999):
d: if a person (an intermediary paragraphs (a) to (c)
e: the proceeds of property of a kind specified in any of paragraphs (a) to (d) default time derivative intermediated collateral paragraph (d) overseas person
a: a natural person who is not ordinarily resident in New Zealand; or
b: an entity (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013) that is incorporated or established outside New Zealand possession section 122B section 173(1)(fc) and (fd) proceeds paragraphs (a) to (d) qualifying counterparty
a: a registered bank; or
b: the Accident Compensation Corporation (as continued by section 259 of the Accident Compensation Act 2001); or
c: the Guardians of New Zealand Superannuation established under section 48 of the New Zealand Superannuation and Retirement Income Act 2001; or
d: a specified operator; or
e: any prescribed entity; or
f: any other entity of a prescribed class qualifying derivative
a: the derivative is subject to—
i: a netting agreement to which sections 310A to 310O of the Companies Act 1993 or sections 255 to 263 of the Insolvency Act 2006 apply; or
ii: netting under the rules of a designated settlement system; and
b: the enforcing counterparty’s interest in the collateral is evidenced in writing security interest specified time
a: the default time; or
b: an earlier or a later time specified by the Bank in a notice issued under section 122C
2: For the purposes of the definition of overseas person, a natural person is ordinarily resident in New Zealand
a: is domiciled in New Zealand; or
b: is living in New Zealand and the place where that person usually lives, and has been living for the immediately preceding 12 months, is in New Zealand, whether or not that person has on occasions been away from New Zealand during that 12-month period.
122B: Matters relating to possession or control of collateral
1: For the purposes of section 122(9A)(b)
a: collateral must be taken not to be in the possession or under the control of the enforcing counterparty if,—
i: under the security interest, the grantor is free to deal with the collateral in the ordinary course of business until the enforcing counterparty’s interest in the collateral becomes fixed and enforceable; or
ii: regulations made under section 173(1)(fc)
b: intermediated collateral must be taken to be in the possession of the enforcing counterparty if that counterparty is the person in whose name the intermediary maintains the account:
c: intermediated collateral must be taken to be under the control of the enforcing counterparty if subsection (3)
d: collateral must be taken to be in the possession or under the control of the enforcing counterparty if regulations made under section 173(1)(fc)
2: Subsection (1)(a)(i)
3: For the purposes of subsection (1)(c)
a: the intermediary is not the grantor (but may be the enforcing counterparty or any other person); and
b: there is an agreement in force between the intermediary and 1 or more other persons, 1 of which is the enforcing counterparty or the grantor; and
c: the agreement has 1 or more of the following effects:
i: the person in whose name the intermediary maintains the account is not able to transfer or otherwise deal with the collateral:
ii: the intermediary must not comply with instructions given by the grantor in relation to the collateral without seeking the consent of the enforcing counterparty (or a person who has agreed to act on the instructions of the enforcing counterparty):
iii: the intermediary must comply, or must comply in 1 or more specified circumstances, with instructions (including instructions to debit the account) given by the enforcing counterparty in relation to the collateral without seeking the consent of the grantor (or any person who has agreed to act on the instructions of the grantor).
4: Subsections (1)(a)(i), (b), and (c), (2), and (3) section 122A(1) section 173(1)(fc) and (fd)
5: The fact that a grantor retains a right of 1 or more of the following kinds does not by itself stop section 122(9A)(b)
a: a right to receive and withdraw income in relation to the collateral:
b: a right to receive notices in relation to the collateral:
c: a right to vote in relation to the collateral:
d: a right to substitute other collateral that the parties agree is of equivalent value for the collateral:
e: a right to withdraw excess collateral:
f: a right to determine the value of collateral.
122C: Bank may reduce or extend stay on exercise of rights to enforce security interest over collateral
1: This section and section 122D section 122(9A) A
2: The Reserve Bank may, before the default time, issue a notice that states that the rights referred to in section 122(9A)
3: The time that is specified may be—
a: before the default time; or
b: after the default time if the Bank is satisfied of all of the matters set out in section 122D
4: The notice may relate to all rights referred to in section 122(9A)
5: Despite section 140(2)(b), this section applies to an associated person or a subsidiary of a registered bank only if the associated person or subsidiary is itself a registered bank.
122D: Matters Bank must be satisfied of under section 122C(3)(b)
The matters referred to in section 122C(3)(b)
a: A is able to meet all of the following liabilities as and when those liabilities become due and payable:
i: A’s liabilities under all netting agreements to which sections 310A to 310O of the Companies Act 1993 or sections 255 to 263 of the Insolvency Act 2006 apply:
ii: A’s liabilities in respect of security interests over collateral to the extent that the security interests secure payment or performance of obligations under or in relation to qualifying derivatives:
iii: A’s liabilities that are subject to netting under the rules of a designated settlement system; and
b: A is able to pay its debts as they become due in the normal course of business; and
c: either—
i: A complies with the minimum capital requirements (if any) to which it is subject under conditions imposed under section 74; or
ii: there are satisfactory arrangements in place to ensure that A meets all of its liabilities referred to in paragraph (a) subparagraph (i)
122E: Publication and status of notice under section 122C
1: The Bank must, as soon as practicable,—
a: publish any notice issued under section 122C
b: notify the issue of the notice in the Gazette
2: The notice may take effect at any time after it is published under subsection (1)(a)
3: The notice is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.
4: The notice cannot be varied or revoked.
6: Section 134 amended (Sale of property or assets subject to a security)
1: After section 134(6)(c)
d: is not a security interest referred to in subsection (8)
2: After section 134(7)
8: For the purposes of subsection (6)(d)
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before the exercise of rights to enforce the security interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the grantor) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
9: Terms and expressions defined in section 122A subsection (8)
10: Section 122B subsection (8)(b) section 122(9A)(b) subsection (8)(b)
7: Section 173 amended (Regulations)
1: After section 173(fa)
fb: prescribing entities and classes of entities for the purposes of the definition of qualifying counterparty in section 122A
fc: providing for when collateral must or must not be taken to be in the possession or under the control of a person for the purposes of section 122(9A)(b) section 122B
fd: providing that section 122B(1)(a)(i), (b), or (c)
2: In section 173
2: Regulations under subsection (1)(fb) to (fd)
a: the Minister; and
b: the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of the Companies Act 1993.
3: The Ministers may make a recommendation under subsection (2)
a: had regard to the matters set out in subsection (4)
b: consulted the persons (or representatives of the persons) that the Ministers consider will be substantially affected by the regulations, and those persons have had the opportunity to comment to the Ministers.
4: The Ministers must have regard to the following under subsection (3)(a)
a: the purposes of this Act, the Companies Act 1993, the Corporations (Investigation and Management) Act 1989, the Personal Property Securities Act 1999, the Property Law Act 2007, and the Receiverships Act 1993:
b: the effect of the regulations on—
i: the maintenance of a sound and efficient financial system; and
ii: the creditors of qualifying counterparties; and
iii: the integrity of statutory management, corporate insolvency, and personal property securities law.
8: Schedule 1 amended
In Schedule 1, after Part 1 Schedule 1
2: Amendments to Companies Act 1993
9: Principal Act
This subpart amends the Companies Act 1993 principal Act 2019-08-31 Companies Act 1993
10: New section 239ABMA inserted (Enforcement of security interest over collateral for qualifying derivative)
After section 239ABM
239ABMA: Enforcement of security interest over collateral for qualifying derivative
1: Nothing in sections 239ABC, 239ABD, 239ABE, and 239ABG limits or prevents any person referred to in subsection (2)
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before enforcement, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the secured creditor; or
ii: another person (who is not the company that granted the security interest) on behalf of the secured creditor, under the terms of an arrangement evidenced in writing.
2: The persons are—
a: the secured creditor:
b: a receiver or person appointed as mentioned in paragraph (a), (b), or (d) of the definition of enforce in section 239ABK as that definition applies in relation to the security interest, or any of the security interests (even if appointed after the decision period).
3: Terms and expressions defined in section 122A subsection (1)
4: Section 122B subsection (1)(b)
a: treating references to section 122(9A)(b) subsection (1)(b)
b: treating references to the enforcing counterparty as references to the secured creditor; and
c: treating references to the grantor as references to the company that granted the security interest.
11: Schedule 1AA amended
In Schedule 1AA, after Part 1 Schedule 2
12: Consequential amendment to Insolvency Practitioners Regulation (Amendments) Act 2019
1: This section amends the Insolvency Practitioners Regulation (Amendments) Act 2019
2: Replace section 57
57: New Part added to Schedule 1AA
In Schedule 1AA,—
a: insert the Part set out in Schedule 1 of this Act as the last part in Schedule 1AA; and
b: make all necessary consequential amendments. 2019-08-31 Insolvency Practitioners Regulation (Amendments) Act 2019
13: Schedule 7 amended
1: In Schedule 7, after clause 2(1)(b)(i)(C)
D: is not a security interest referred to in subclause (3A)
2: In Schedule 7, clause 2(2) subclause (1)(b) subclauses (1)(b) and (3A)
3: In Schedule 7, after clause 2(3)
3A: For the purposes of subclause (1)(b)(i)(D)
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before enforcement of the interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the company that granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
3B: Terms and expressions defined in section 122A subclause (3A)
3C: Section 122B subclause (3A)(b) section 122(9A)(b) subclause (3A)(b)
3: Amendments to Corporations (Investigation and Management) Act 1989
14: Principal Act
This subpart amends the Corporations (Investigation and Management) Act 1989 principal Act 2019-08-31 Corporations (Investigation and Management) Act 1989
15: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
16: Section 42 amended (Moratorium)
After section 42(9)
10: Nothing in subsection (1) limits or prevents the exercise of any rights to enforce a security interest over collateral to the extent that the security interest secures payment or performance of an obligation under or in relation to a qualifying derivative if—
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before the exercise of the rights, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the corporation that granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
11: Terms and expressions defined in section 122A subsection (10)
12: Section 122B subsection (10)(b) section 122(9A)(b) subsection (10)(b)
17: Section 51 amended (Sale of property or assets subject to a security)
1: After section 51(2)(b)(i)(A)
AB: is not a security interest referred to in subsection (8)
2: Replace section 51(2)(b)(ii)
ii: proceeds of inventory that are subject to a security interest that—
A: is not a purchase money security interest that has been perfected at the time specified in section 74 of the Personal Property Securities Act 1999; and
B: is not a security interest referred to in subsection (8)
3: After section 51(6)(c)
d: is not a security interest referred to in subsection (8)
4: After section 51(7)
8: For the purposes of subsections (2)(b)(i)(AB) and (ii)(B) and (6)(d)
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before the exercise of rights to enforce the security interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the corporation that granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
9: Terms and expressions defined in section 122A subsection (8)
10: Section 122B subsection (8)(b) section 122(9A)(b) subsection (8)(b)
18: Schedule replaced
1: Replace the Schedule Schedule 3
2: Section 73
4: Amendments to Personal Property Securities Act 1999
19: Principal Act
This subpart amends the Personal Property Securities Act 1999 principal Act 2019-08-31 Personal Property Securities Act 1999
20: New section 21A inserted (Transitional, savings, and related provisions)
Before section 22
21A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
21: New section 103B and cross-heading inserted
After section 103A Priority of interests under qualifying derivatives
103B: Priority of interests under qualifying derivatives
1: The security interest of a person (the enforcing counterparty
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before the enforcement of the security interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the debtor that granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
2: Terms and expressions defined in section 122A section 122A
3: Section 122B section 122(9A)(b) subsection (1)(b)
4: This section overrides anything in this Act to the contrary (other than section 103A).
22: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 4
5: Amendments to Property Law Act 2007
23: Principal Act
This subpart amends the Property Law Act 2007 principal Act 2019-08-31 Property Law Act 2007
24: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
25: Section 153 amended (Preferential claims)
1: After section 153(1)(a)(iii)
iv: is not a security interest referred to in subsection (7)
2: Replace section 153(2)(b)
b: secondly, to the payment of amounts secured by—
i: any perfected purchase money security interest over the accounts receivable or inventory concerned, or any perfected security interest arising from a transfer of accounts receivable for new value over the accounts receivable concerned, to the extent that it has priority over the mortgagee’s mortgage and, in the case of the application of income, so far as payment is then due; or
ii: any security interest referred to in subsection (7)
3: After section 153(6)
7: For the purposes of subsections (1)(a)(iv) and (2)(b)(ii)
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before enforcement of the security interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the person who granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
8: Terms and expressions defined in section 122A subsection (7)
9: Section 122B subsection (7)(b) section 122(9A)(b) subsection (7)(b)
26: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 5
6: Amendments to Receiverships Act 1993
27: Principal Act
This subpart amends the Receiverships Act 1993 principal Act 2019-08-31 Receiverships Act 1993
28: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
29: Section 30 amended (Preferential claims)
1: After section 30(1)(c)
d: is not a security interest referred to in subsection (6)
2: After section 30(2)(b)(ii)
iii: a security interest referred to in subsection (6)
3: After section 30(5)
6: For the purposes of subsections (1)(d) and (2)(b)(iii)
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before enforcement of the security interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the company that granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
7: Terms and expressions defined in section 122A subsection (6)
8: Section 122B subsection (6)(b) section 122(9A)(b) subsection (6)(b)
30: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 6
31: Consequential amendments to Insolvency Practitioners Regulation (Amendments) Act 2019
1: This section amends the Insolvency Practitioners Regulation (Amendments) Act 2019
2: In the heading to section 61 sections 3A and section
3: In section 61 sections are inserted after section 3 section is inserted after section 3A
4: In section 61
5: Replace section 76
76: New Part inserted in Schedule 1AA
In Schedule 1AA,—
a: insert the Part set out in Schedule 3 of this Act as the last part in Schedule 1AA; and
b: make all necessary consequential amendments.
6: Replace the Schedule 3
3: s 76 New Part inserted in Schedule 1AA
7: In Schedule 3 2019-08-31 Insolvency Practitioners Regulation (Amendments) Act 2019
2: Amendments relating to financial benchmarks
32: Principal Act
This Part amends the Financial Markets Conduct Act 2013 principal Act OIC LI 2020/314 2021-03-14 Financial Markets Conduct Act 2013 Remaining provisions brought into force
33: Section 6 amended (Interpretation)
1: In section 6(1) market service
g: acting as an administrator of a financial benchmark
2: In section 6(1) administrator of a financial benchmark contributor section 448C(4) financial benchmark subsections (6) and (7)
3: After section 6(5)
6: In this Act, a financial benchmark
a: referenced or otherwise used for purposes that include 1 or more of the following:
i: calculating the interest, or other amounts, payable under financial products or other securities:
ii: calculating the price at which a financial product or other security may be traded, redeemed, or dealt in:
iii: calculating the value of a financial product or other security:
iv: measuring the performance of a financial product or other security; and
b: made available to users (whether or not for a fee); and
c: generated periodically from 1 or more—
i: transactions, instruments, currencies, prices, estimates, rates (including an interest rate or exchange rate), indices, values, financial products or other securities; or
ii: other interests or property (whether tangible or intangible).
7: A financial benchmark
34: Section 18 amended (Interpretation in this Part)
In section 18 financial product
b: includes, for the purposes of any provision of this Part or section 464,—
i: any class or classes of financial product (within the meaning of section 5 of the Financial Advisers Act 2008) declared by the regulations to be a financial product for the purposes of that provision; and
ii: any security of a kind referred to in section 6(6)(c)
35: Section 351 amended (Regulations modifying this Part or Part 7 for licensed markets)
In section 351(1)(ab) 451(d) 451(1)(d)
36: Section 386 amended (Overview)
After section 386(1)(g)
ga: subpart 7A
37: Section 390 amended (When providers of other market services may be licensed)
Replace section 390(1)
1: In addition, a person may hold a market services licence—
a: to act as a provider of prescribed intermediary services (for example, a person-to-person lending intermediary or a crowd funding intermediary if prescribed by regulations); or
b: to act as an administrator of a financial benchmark.
38: Section 393 amended (Principles guiding the exercise of FMA powers)
Replace section 393(a)
a: exercising the power must be necessary or desirable in order to promote 1 or more of the following:
i: either or both of the main purposes specified in section 3:
ii: any of the additional purposes specified in section 4:
iii: in the case of a market services licence to act as an administrator of a financial benchmark, either or both of the additional purposes specified in section 448B
39: Section 396 amended (When licence must be issued)
After section 396(f)
g: in the case of an application for a licence to act as an administrator of a financial benchmark, the issue of a licence is necessary or desirable in order to promote either or both of the additional purposes set out in section 448B
40: Section 403 amended (When FMA may impose permitted conditions)
1: In section 403(2) subsection (3) subsections (3) to (5)
2: After section 403(3)
5: In the case of a licence to act as an administrator of a financial benchmark, a condition referred to in subsection (1) may also impose conditions to achieve the purposes set out in section 448B
41: Section 410 amended (Meaning of material change of circumstances)
In section 410(b) (f) (g)
42: Section 414 amended (FMA’s powers in case of contravention of market services licensee obligation, material change, etc)
In section 414(3)(b) (f) (g)
43: New subpart 7A of Part 6 inserted
After section 448
7A: Additional regulation of licences relating to financial benchmarks
448A: Application of subpart
This subpart applies to market services licences to act as an administrator of a financial benchmark.
448B: Additional purposes for licences relating to financial benchmarks
1: In relation to market services licences to act as an administrator of a financial benchmark, this Part has the purposes (in addition to those set out in sections 3 and 4) of—
a: ensuring the accuracy, integrity, and reliability of financial benchmarks, and providing for their continued availability, to support the purposes set out in sections 3 and 4; and
b: promoting the recognition of New Zealand financial benchmarks in overseas jurisdictions by ensuring that—
i: those benchmarks comply with applicable international requirements; and
ii: an administrator of a financial benchmark is subject to effective regulation when generating and operating those benchmarks; and
iii: those benchmarks may be referenced or otherwise used in international instruments.
2: This section does not limit section 3 or 4.
448C: FMA’s powers to direct contributor to provide information or data
1: The FMA may exercise a power under subsection (2)
a: a contributor has ceased or is likely to cease providing or making available information or data relevant to the generation or operation of the financial benchmark specified in a licence; and
b: it is necessary or desirable in order to promote any of the purposes set out in section 448B
2: The FMA may, by written notice and otherwise in the prescribed manner, give a direction to a contributor requiring the contributor to provide information or data to a licensee, an authorised body, or another entity, where the provision of that information or data is necessary or desirable for the generation or operation of the financial benchmark specified in a licence.
3: A direction may (without limitation) specify either or both of the following:
a: requirements relating to the manner and form in which the information or data must be provided:
b: the entity to which the information or data must be provided.
4: In this subpart, contributor
5: Subsection (4)
6: The contributor must comply with the direction ( see
448D: FMA’s powers to direct administration of financial benchmark
1: The FMA may exercise a power under subsection (2)
a: a licensee or an authorised body has ceased or is likely to cease generating or operating a financial benchmark specified in a licence; and
b: it is necessary or desirable in order to promote any of the purposes set out in section 448B
2: The FMA may, by written notice and otherwise in the prescribed manner, give a direction to a licensee or an authorised body—
a: to continue to generate or operate the financial benchmark in a particular way; or
b: to transfer or cease the generation or operation of the financial benchmark in a particular way.
3: A direction may (without limitation) specify 1 or more requirements relating to the following:
a: changes to the rules or procedures by which the financial benchmark is generated:
b: changes to the documents under which the financial benchmark is generated or operated (for example, any compliance documents required by a condition of the licence):
c: the orderly transfer of the generation or operation of the financial benchmark to another person:
d: the orderly cessation of the generation or operation of the financial benchmark:
e: the provision of material (including information, data, computer software, instructions, methodologies, formulas, or algorithms) to another person, where the provision of that material is necessary or desirable for the generation, operation, or transfer of that financial benchmark.
4: The licensee or authorised body must—
a: give the FMA all reasonable assistance to facilitate the continued generation and operation of the financial benchmark (or the orderly cessation of the financial benchmark); and
b: comply with the direction.
5: See
448E: Duration of direction
1: A direction under section 448C or 448D
2: The FMA may, by written notice, extend the period referred to in subsection (1)
448F: FMA must follow steps for giving direction
Sections 475 to 477 apply to a direction under section 448C or 448D
448G: FMA may give interim direction pending exercise of power
1: The FMA may give an interim direction (an interim direction section 448C or 448D subsection (2)
a: the FMA is considering, at any time, whether it may exercise a power under section 448C or 448D
b: the FMA considers that making an interim direction is necessary or desirable in the public interest.
2: An interim direction is in force from the time at which it is given until the close of—
a: the date that is 15 working days after the day on which it is given; or
b: a later date specified by the FMA by notice to the person to whom the interim direction relates.
3: For the purposes of subsection (2)(b)
a: the FMA may specify a later date if the FMA is of the opinion that it is not reasonably practicable for it to complete its consideration as referred to in subsection (1)(a) subsection (2)(a)
b: the later date must be a date that is no more than 30 working days after the day on which the interim direction is given.
4: The FMA—
a: may act under subsection (1) or (2)(b)
b: must, after acting under subsection (1) or (2)(b)
5: The person to whom the interim direction relates must comply with the direction ( see
448H: FMA must give notice after giving interim direction
If the FMA gives an interim direction, the FMA—
a: must, as soon as is reasonably practicable, give written notice to the person to whom the interim direction relates of—
i: the terms and conditions of the interim direction; and
ii: the reasons for the interim direction; and
iii: any other information the FMA thinks relevant in the circumstances; and
b: in the case of an interim direction to a contributor, must also give the written notice referred to in paragraph (a)
c: may also make the direction available on its Internet site; and
d: may also give notice to any other person of those matters.
448I: General provisions on FMA’s directions
1: The FMA may give a direction under this subpart on the terms and conditions that the FMA thinks fit.
2: The FMA may vary a direction in the same way as it may give the direction under this subpart.
3: The FMA may revoke a direction or suspend a direction on the terms and conditions it thinks fit.
448J: Protection for persons in respect of provision of material, information, or data under this subpart
No civil or criminal proceedings may be brought against a person by reason of the person having provided material, information, or data in good faith and in accordance with a direction under this subpart.
44: Section 449 amended (Part 6 services provisions)
After section 449(4)(k)
ka: section 448C, 448D, or 448G
45: Section 451 amended (Meaning of FMC reporting entity)
1: In section 451(b) scheme or a person referred to in subsection (2)
2: In section 451
2: Despite subsection (1)(b)
a: the licence only covers acting as an administrator of a financial benchmark; and
b: the person is not a person referred to in subsection (1)(a) or (c) to (k)
46: Section 452 amended (Company that issues equity securities not FMC reporting entity if fewer than 50 shareholders)
In section 452(1) 451(a) 451(1)(a)
47: Section 532 amended (Appeals against other decisions of FMA on questions of law only)
After section 532(f)
fa: a decision under section 448C, 448D, or 448G
48: Section 546 amended (Regulations for purposes of Part 6 (market services))
After section 546(1)(d)(iv)
v: in the case of a licence to act as an administrator of a financial benchmark, conditions of a kind described in section 403(5)
49: Section 548 amended (Other regulations)
1: After section 548(1)(d)(vii)
viii: excluding (whether by class or in a particular case) a price, estimate, rate, index, or value from being a financial benchmark for the purposes of section 6(7)
2: In section 548(2) and (v) (v), and (viii)
50: Section 550 amended (Procedural requirements for regulations relating to exemptions, exclusions, and definitions)
In section 550(2)(f) and (v) (v), and (viii)
51: Schedule 4 amended
In Schedule 4, clause 20(2A) 451(a) 451(1)(a)
52: Consequential amendments
Amend the enactments specified in Schedule 7 OIC LI 2020/314 2021-03-14 Fair Trading Act 1986 Financial Services Legislation Amendment Act 2019 Remaining provisions brought into force


1: Title
This Act is the Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012 principal Act 2019-08-31 Sale and Supply of Alcohol Act 2012
1: Main amendments
4: New sections 45A to 45G and cross-heading inserted
After section 45 Rugby World Cup 2019 extended trading hours
45A: Purpose
The purpose of sections 45B to 45G
a: for which an on-licence or a club licence is held; and
b: in which the licensee intends to televise, and televises, on a particular night, a notified game or games.
45B: Game, and other terms, defined
1: In section 45A sections 45C to 45G game Schedule 4 night televise
a: in any form, on any basis (for example, subscription to a television channel or service, or on-demand), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and
b: to or for, or to or for a class of, the public.
2: Permitted trading hours section 45A sections 45C to 45G
45C: Eligible premises
1: Sections 45D to 45F
a: is held, and not suspended or cancelled, immediately before a night—
i: on or after 20 September 2019 (New Zealand standard time); and
ii: before or on 2 November 2019 (New Zealand daylight time); and
b: has not been varied or suspended under section 280 within 12 months before the date on which the licensee gives notice under this section.
2: However, sections 45D to 45F
a: that the licensee intends to televise in the premises on the night the game, all games, or any 1 or more stated games, on the night; and
b: of the details of the noise management plan that is, or the other arrangements for managing noise levels that are, appropriate to the locality, and that the licensee is to have in place during every proposed extension under section 45D
3: The details under subsection (2)(b) section 45E(1)(c)
4: The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.
5: Sections 45D to 45F
a: an application for an order under section 280 suspending or cancelling the licence is made on the grounds, expressly stated in the application, that the premises have clearly been conducted in breach, without reasonable excuse, of any of sections 45D to 45F
b: a copy of the application is sent to, and received by, the licensee.
45D: Trading hours extended
1: The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised game or games notified by the licensee under section 45C
2: The premises can open 1 hour before the start of each game to be televised.
3: However, if the first or only game to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises can stay open after that period, and until that game starts.
4: The premises can be open during each game televised.
5: The premises are required to close for the sale of alcohol 30 minutes after the end of each game televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (2)
6: Sections 255 and 256 make it an offence for a person to whom section 255(1) applies to be found in (and for the licensee or a manager of the premises to allow the person to be on) any part of the premises, if they are on-licence premises used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—
a: is not a time when a special licence applies to the premises; and
b: is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
c: is—
i: more than 30 minutes after the premises are required to close for the sale of alcohol; or
ii: a time when the premises are required to be closed for the sale of alcohol. Example 1: game starts during and finishes outside permitted trading hours
The licensee notifies the Wales v Georgia game on 23 September at 22.15 NZST. The last period of permitted trading hours for the premises ends at 23.30 NZST. The premises can be open during the game televised, which ends at 00.00 NZST. The premises are required to be closed for the sale of alcohol at 0.30 NZST. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 1.00 NZDT and before 6.00 NZDT and until the next period of permitted trading hours for the premises begins. Example 2: game starts no more than 2 hours outside permitted trading hours
The licensee notifies the quarter-final game on 20 October at 23.15 NZDT. The last period of permitted trading hours for the premises ends at 22.00 NZDT. The premises can open 1 hour before the game (at 22.15 NZDT). However, as the game is to start no more than 2 hours after 22.00 NZDT, the premises can stay open after 22.00 NZDT until the game starts at or about 23.15 NZDT. The premises can be open during the game televised, which ends at 1.00 NZDT. The premises are required to be closed for the sale of alcohol at 1.30 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 2.00 NZDT and before 6.00 NZDT and until the next period of permitted trading hours for the premises begins. Example 3: game starts more than 2 hours outside permitted trading hours
The licensee notifies the Australia v Georgia game on Friday 11 October at 23.15 NZDT. The last period of permitted trading hours for the premises ends at 17.00 NZDT. The premises can open at 22.15 NZDT (1 hour before the start of the game). The game ends at 1.00 NZDT. The premises are required to be closed for the sale of alcohol at 1.30 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 2.00 NZDT and before 6.00 NZDT and until the next period of permitted trading hours for the premises begins.
45E: Effect of extensions (on one-way door restrictions, etc)
1: While the premises are open under an extension under section 45D
a: the licensee has, for the purposes of section 247(1), the authority of this Act to do any of the following things:
i: sell or supply alcohol on the premises for consumption there; or
ii: let people consume alcohol on the premises; and
b: sections 46 to 63 and 259(1) require the licensee to comply with all applicable requirements and restrictions imposed by or under this Act, and with every (and, in particular, with the most restrictive relevant applicable) condition subject to which the licence has been issued or renewed, except so far as those requirements, restrictions, or conditions are overridden under subsection (4)(a)
c: the licensee must comply with the following conditions:
i: outside areas cannot be used for any purpose (despite section 12 of the Smoke-free Environments Act 1990):
ii: outside audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used:
iii: bottles, or other rubbish, cannot be disposed of, or left for collection.
2: An extension under section 45D
a: must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)(a)) on a day on which alcohol may be sold and supplied; and
b: is not (for example, under sections 255(1)(c)(i) and (ii) and 256), while it operates, a time when the premises are required to close, or to be closed, for the sale of alcohol.
3: Any one-way door restriction (whether imposed on the licence, or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—
a: within 1 hour before an extension starts under section 45D(3)
b: during an extension under section 45D
c: within 1 hour and 30 minutes after the premises are required under section 45D(5)
4: Section 45D
a: override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and
b: do not affect closure under section 265 or 266 of the premises, or the operation of subpart 9 of Part 2 (other enforcement provisions) in respect of the premises.
5: A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if—
a: it complies with section 45D
b: it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours.
45F: Display of information about extensions
1: If sections 45D and 45E section 45C sections 45D and 45E
2: The statement must be displayed in the way section 57(1) or (2) requires display of a statement of all conditions subject to which the licence is issued.
45G: Special licences unaffected, and not limiting, but do not apply if notice given
1: Sections 45A to 45F
a: an application for a special licence issued in respect of an event related to a game or games; or
b: the operation of a special licence of that kind.
2: Section 45C(1) sections 45D and 45E
3: However, if the holder of the special licence gives notice under section 45C(2) sections 45D and 45E
a: sections 45D to 45F
b: for the period of the extension provided by section 45D
5: New Schedule 4 inserted
After Schedule 3 Schedule 4 Schedule
6: Repeal of extended trading hours provisions
Sections 44(3) 45(3) 45A to 45G 50(3) section 45A Schedule 4 2019-11-04 Sale and Supply of Alcohol Act 2012
2: Related amendments
7: Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)
After section 44(2)
3: This section is overridden by sections 45A to 45G
8: Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)
After section 45(2)
3: This section is overridden by sections 45A to 45G
9: Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)
After section 50(2)
3: This section is overridden by sections 45A to 45G


1: Title
This Act is the Appropriation (2019/20 Estimates) Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2 Schedule 2
2: The rest of this Act applies to the 2019/20 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 21
d: section 9 Schedule 4 see section 12A
e: section 10 Schedule 5
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2019/20 financial year Estimates The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2020 scope shown in the Estimates
a: in the case of an appropriation under section 6
i: in the table headed Annual Appropriations and Forecast Permanent Appropriations
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, directly under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation; and
c: in the case of an appropriation under section 7
i: in the table headed Multi-Year Multi-Category Appropriations
ii: in the column headed Title, Overarching Purpose and Period of Appropriations and Type and Scope of Categories
iii: in the statement directly under the name of each of the individual categories that are included in the appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2019/20 financial year
Appropriations authorised
1: Each amount specified in column 4 of Schedule 1 column 3 of Schedule 1 Other matters concerning appropriations
2: Subsection (1) applies only to the extent that the appropriation authorised is of a type set out in section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2019/20 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Multi-year appropriations authorised
1: Each amount specified in column 5 of Schedule 2 column 3 of Schedule 2 Other matters concerning multi-year appropriations
2: Subsection (1) applies only to the extent that the appropriation authorised is of a type set out in section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2019/20 financial year; and
ii: in advance, but within the scope, of the appropriation.
8: Expenses under section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 3
9: Capital injections authorised for 2019/20 financial year
1: The Crown is authorised to make capital injections during the 2019/20 financial year to each department and Office of Parliament specified in column 1 of Schedule 4
2: The capital injections authorised by this section to a department or an Office of Parliament are limited to the amount specified in column 3 of Schedule 4
3: Each authorisation given by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2019/20 financial year; and
b: in advance of the authorisation.
10: Repeals
The Acts specified in Schedule 5 2019-09-24 Appropriation (2017/18 Confirmation and Validation) Act 2019 Appropriation (2018/19 Estimates) Act 2018 Appropriation (2018/19 Supplementary Estimates) Act 2019