1: Title
This Act is the Accident Compensation Amendment Act 2019.
2: Commencement
1: The following come into force on 1 July 2019:
a: section 10
b: Part 2 Schedule 2
2: The rest of this Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Accident Compensation Act 2001 principal Act 2019-04-12 Accident Compensation Act 2001 Part 1, except section 10 (see section 2). 2019-07-01 Accident Compensation Act 2001 Section 10 (see section 2(1)(a))
1: Amendments to Accident Compensation Act 2001
4: Section 17 amended (Ordinarily resident in New Zealand)
Replace section 17(4)
4: A person must be treated as having New Zealand as the person’s permanent place of residence if—
a: the person—
i: intends to resume a place of residence in New Zealand; and
ii: is absent from New Zealand primarily in connection with the person’s employment duties (the remuneration for which is treated as income derived in New Zealand for New Zealand income tax purposes) or for up to 6 months following the completion of the person’s period of employment outside New Zealand; or
b: the person—
i: intends to resume (or assume) a place of residence in New Zealand; and
ii: is the spouse or partner, child, or other dependant of a person described in paragraph (a)
iii: is outside New Zealand during the period of employment of the person described in paragraph (a)
5: Section 324A replaced (Annual review of amounts prescribed by regulations made under section 324)
Replace section 324A
324A: Biennial review of certain amounts
1: The Corporation must conduct a review in 2020, and in every second year after that, of the amounts prescribed by regulations made under section 324 that the Corporation is liable to pay for the entitlement of rehabilitation.
2: The purpose of the review is to assess whether adjustment to any of the amounts is required to take into account changes in costs of rehabilitation.
3: The Corporation must, by 1 December of each year in which a review is conducted,—
a: provide a report on the results of the review to the Minister; and
b: include in that report any recommendations for change that it may have.
6: Section 329 amended (Regulations relating to levies)
Replace section 329(1)(a)
a: specifying, in relation to levies, the maximum amounts or deemed minimum amounts of earnings for levy purposes or methods for calculating any of those amounts:
7: Section 391 amended (Review and appeal proceedings for decisions under former Acts)
After section 391(1)
1A: Subsection (1) is subject to the following qualifications:
a: any appeal to which subsection (1) applies that is commenced on or after the date on which this subsection comes into force must be made to the District Court and not to the Accident Compensation Appeal Authority; and
b: to the extent practicable, the procedure for such an appeal is to be the same as the procedure for appeals under Part 5.
8: New section 402 and cross-heading inserted
After section 401 Disestablishment of Accident Compensation Appeal Authority
402: Disestablishment of Accident Compensation Appeal Authority
1: The Accident Compensation Appeal Authority that was established by section 155 of the Accident Compensation Act 1972 and continued by section 103 of the Accident Compensation Act 1982 is disestablished.
2: No member or employee of the Authority before its disestablishment is entitled to any payment or compensation for any loss arising out of the disestablishment.
9: Schedule 1AA amended
1: In the Schedule 1AA Transitional and savings provisions relating to amendments to this Act made by Accident Compensation Amendment Act 2015 Transitional, savings, and related provisions
2: In Schedule 1AA
1: Provisions relating to Accident Compensation Amendment Act 2015
3: In Schedule 1AA Schedule 1
10: Schedule 1 amended
1: In Schedule 1
52: Relationship between weekly compensation and New Zealand superannuation
1: Subclause (2)
a: first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The claimant loses entitlement to weekly compensation on reaching that age.
3: Subclause (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The claimant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this clause entitles a claimant to weekly compensation if the claimant is not otherwise entitled to it under this Act.
2: In Schedule 1
3: In Schedule 1
72: Relationship between other dependant’s weekly compensation and New Zealand superannuation
1: Subclause (2)
a: is entitled to weekly compensation immediately before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The dependant loses entitlement to weekly compensation on reaching that age.
3: Subclause (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The dependant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this clause entitles any other dependant to weekly compensation if the dependant is not otherwise entitled to it under this Act.
2: Related and consequential amendments
1: Amendment to New Zealand Superannuation and Retirement Income Act 2001
11: Amendment to New Zealand Superannuation and Retirement Income Act 2001
1: This section amends the New Zealand Superannuation and Retirement Income Act 2001
2: Replace section 7(2)
2: However, a person is not entitled to receive New Zealand superannuation in respect of the period for which the person has made an election, as contemplated by any of the following provisions, to be entitled to weekly compensation rather than to New Zealand superannuation:
a: clauses 5(4) and 6(4)
b: clause 16(3) or 17(3) 2019-07-01 New Zealand Superannuation and Retirement Income Act 2001 see section 2(1)(b)
2: Amendments to Veterans’ Support Act 2014
12: Amendments to Veterans’ Support Act 2014
Sections 13 to 16 Veterans’ Support Act 2014 2019-07-01 Veterans’ Support Act 2014 see section 2(1)(b)
13: Section 65 replaced (Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension)
Replace section 65
65: Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension
1: Subsection (2)
a: first becomes entitled to weekly income compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The veteran loses entitlement to weekly income compensation on reaching that age.
3: Subsection (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The veteran is entitled to weekly income compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this section entitles a veteran to weekly income compensation if the veteran is not otherwise entitled to it under this Act.
14: Section 104 replaced (Relationship between weekly compensation and New Zealand superannuation or veteran’s pension)
Replace section 104
104: Relationship between weekly compensation and New Zealand superannuation or veteran’s pension
1: Subsection (2)
a: first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The veteran loses entitlement to weekly compensation on reaching that age.
3: Subsection (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The veteran is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this section entitles a veteran to weekly compensation if the veteran is not otherwise entitled to it under this Act.
15: Schedule 1 amended
In Schedule 1, after clause 15 Part 3 Schedule 2
16: Schedule 2 amended
1: In Schedule 2
2: In Schedule 2
60: Relationship between other dependant’s weekly compensation and New Zealand superannuation
1: Subclause (2)
a: is entitled to weekly compensation immediately before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The dependant loses entitlement to weekly compensation on reaching that age.
3: Subclause (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The dependant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this clause entitles any other dependant to weekly compensation if the dependant is not otherwise entitled to it under this Act.


1: Title
This Act is the Health Practitioners Competence Assurance 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 Practitioners Competence Assurance Act 2003 principal Act 2019-04-12 Health Practitioners Competence Assurance Act 2003 Sections 47 to 49 also amend this Act. (Section 50 contains consequential amdts.)
1: Amendments to principal Act
4: Section 5 amended (Interpretation)
In section 5(1) medical practitioner
5: New section 5A inserted (Transitional, savings, and related provisions)
After section 5
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 12 amended (Qualifications must be prescribed)
After section 12(4)
5: An authority may, at any time, give notice to an educational institution accredited under subsection (2)(a) that the institution’s accreditation is revoked.
6: The revocation of an educational institution’s accreditation does not affect the registration of a health practitioner who qualified to practise within a scope of practice on the basis of having a degree or diploma from that institution.
7: Section 14 amended (Provisions relating to notices under sections 11 and 12)
After section 14(1)
1A: The amendment, revocation, or replacement of a notice published under section 12 does not affect the registration of a health practitioner who qualified to practise within a scope of practice on the basis of having had a prescribed qualification for that scope of practice under the notice before the notice was amended, revoked, or replaced.
8: Section 17 amended (Applications for registration of health practitioners and authorisations of scopes of practice)
1: After section 17(4)
4A: If any fine, costs, or expenses imposed on a former health practitioner by or under a former registration Act remain unpaid, the Registrar may decline to do any act, or to permit any act to be done, in relation to the registration of that health practitioner until the fine, costs, or expenses are paid.
2: In section 17(5) subsection (4) or (4A)
3: Replace section 17(6)
6: Subsections (4) and (4A) override subsection (3).
7: In subsection (4A),— former health practitioner
a: registered under a former registration Act; or
b: deemed to be registered under a former registration Act former registration Act
9: Section 29 amended (Decisions of authority as to practising certificate and scope of practice)
Replace section 29(4)(a)
a: issue the certificate to the applicant electronically or in hard copy form; and
10: Section 31 amended (Interim practising certificate)
In section 31(1) issue the interim practising certificate issue the interim practising certificate (electronically or in hard copy form)
11: Section 33 replaced (Surrender of practising certificate)
Replace section 33
33: Surrender of practising certificate
1: This section applies to a health practitioner who receives notice that his or her—
a: name is removed from the register; or
b: registration or practising certificate is suspended; or
c: practising certificate is required to be endorsed by the Registrar under section 32.
2: If the practitioner’s practising certificate was issued electronically, the practitioner must, within 14 days after receiving the notice, send to the Registrar an acknowledgement of receipt of the notice.
3: If the practitioner’s practising certificate was issued in hard copy form, the practitioner must, within 14 days after receiving the notice, send to the Registrar his or her practising certificate.
4: Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, being required to comply with subsection (2) or (3), fails to comply with that subsection.
12: Section 36 amended (When authority may review health practitioner’s competence)
After section 36(3)
3A: An authority that receives a notice under section 34(1) or (2) must inform the person from whom the notice was received as to whether it has decided to conduct a review of the competence of the health practitioner who is the subject of the notice.
13: Section 38 amended (Orders concerning competence)
Replace section 38(3) and (4)
3: If an order is made under this section following receipt of a notice given under section 34(1) or (2), the Registrar of the authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (1)(a), (b), (c), or (d), as the case may be, has been made.
14: Section 39 amended (Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment)
Replace section 39(4)
4: If an order is made under this section following a review conducted on receipt of a notice given under section 34(1) or (2), the Registrar of the responsible authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (2)(a), (b)(i) or (ii), as the case may be, has been made.
15: Section 48 amended (Interim suspension of practising certificate or inclusion of conditions in scope of practice in cases of suspected inability to perform required functions due to mental or physical condition)
1: In section 48(1) considers (whether or not as a result of a notice given under section 45 or of a recommendation made under section 79)
2: In section 48(3) subsection (1) subsection (2)
3: Replace section 48(5) and (6)
5: If an order is made under this section following receipt of a notice given under section 45, the Registrar of the authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (2)(a), (b)(i) or (ii), as the case may be, has been made.
16: Section 49 amended (Power to order medical examination)
1: Replace the heading to section 49 Power to order examination or testing
2: In section 49 a medical practitioner an assessor
3: In section 49 the medical practitioner the assessor
4: Replace section 49(5)
5: An assessor who conducts an examination or a test under this section may consult any other practitioner who the assessor considers is able to assist in the completion of the examination or test.
5: After section 49(7)
8: In this section and section 50, assessor
17: Section 50 amended (Restrictions may be imposed in case of inability to perform required functions)
1: In section 50(1)(a) medical practitioner assessor
2: Replace section 50(5), (6), and (7)
5: If an order is made under subsection (3) or (4) following receipt of a notice given under section 45, the Registrar of the authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (3) or (4), as the case may be, has been made.
18: Section 51 amended (Revocation of suspension or conditions)
1: In section 51(1) section 39 or section 50 section 39, 48, 50, or 67A
2: In section 51(2) section 39 or section 50 section 39, 48, 50, 67A, or 69A
3: In section 51(3) section 39 or section 50 section 39, 48, 50, 67A, or 69A
4: Replace section 51(6)
6: If an order is made under this section, the Registrar of the responsible authority must, as soon as practicable after the making of the order,—
a: ensure that a copy of the order is given to any person who,—
i: under section 39(4), has received a copy of an order made under section 39 to which the revocation relates; or
ii: under section 48(5) or 50(5), has received a copy of an order made under section 48 or 50 to which the revocation relates; and
b: take all administrative steps necessary to give effect to the order.
19: Section 58 amended (Reporting requirements)
In section 58(1) 6 months 1 year
20: Section 65 amended (Response to complaints referred by Health and Disability Commissioner)
After section 65(2)
3: If the authority decides to refer a complaint to a professional conduct committee, it must do so as soon as is reasonably practicable after it makes that decision.
21: New section 67A inserted (Action to be taken by authority on receipt of notice of conviction)
After section 67
67A: Action to be taken by authority on receipt of notice of conviction
1: This section applies if a responsible authority receives a notice of conviction—
a: given under section 67(a); or
b: given under section 67(b) and the conviction to which the notice relates—
i: is for an offence punishable by imprisonment or a fine of or exceeding $1,000; or
ii: is otherwise an offence that the authority considers raises concerns about the appropriateness of the conduct or about the safety of the practice of the health practitioner.
2: If this section applies, the responsible authority must, as soon as is reasonably practicable,—
a: refer the notice of conviction to a professional conduct committee; or
b: order the health practitioner to—
i: undergo any specified medical examination and treatment; or
ii: undergo any specified psychological or psychiatric examination, counselling, or therapy; or
iii: attend any specified course of treatment or therapy for alcohol or drug abuse.
3: The responsible authority may not make an order under subsection (2)(b) unless the health practitioner consents—
a: to the examination, treatment, counselling, or therapy concerned; and
b: to the provision to the responsible authority of a report on the outcome of the examination, treatment, counselling, or therapy.
4: An order made under subsection (2)(b) must specify—
a: the date by which the examination, treatment, counselling, or therapy is to be conducted, being a date that is not earlier than the date on which the order is, under section 156, to be treated as having been received by the health practitioner concerned; and
b: the date by which the person who has examined, treated, counselled, or provided therapy to the health practitioner must report to the responsible authority the outcome of that examination, treatment, counselling, or therapy.
5: After receiving a report referred to in subsection (4)(b), the responsible authority must promptly—
a: arrange for a copy of the report to be sent to the health practitioner to whom the report relates; and
b: consider the report.
6: After considering a report, the responsible authority may—
a: take no further action in respect of the notice of conviction; or
b: order that conditions be included in the health practitioner’s scope of practice if the authority is satisfied that the practitioner is able to perform the functions required for the practice of his or her profession, but only if those conditions are observed; or
c: refer the notice of conviction to a professional conduct committee.
22: Section 68 replaced (Referral of complaints and notices of conviction to professional conduct committee)
Replace section 68
68: Referral of information to professional conduct committee
1: If the responsible authority considers that information in its possession raises 1 or more questions about the appropriateness of the conduct or the safety of the practice of a health practitioner, it may refer the information and any or all of those questions to a professional conduct committee.
2: If at any time while a matter concerning a health practitioner is under consideration by a professional conduct committee the responsible authority thinks that a further matter concerning that practitioner should form part of the committee’s consideration, the authority may refer the further matter to the committee.
23: Section 69 amended (Interim suspension of practising certificate pending prosecution or investigation)
1: Replace the heading to section 69 Inclusion of conditions in health practitioner’s scope of practice or interim suspension of practising certificate pending prosecution or investigation if appropriateness of practitioner’s conduct in doubt
2: In section 69(4) revoke order the revocation of
3: Replace section 69(5)
5: An order made under subsection (4) takes effect immediately.
24: New section 69A inserted (Interim suspension of practising certificate pending prosecution or investigation if risk of harm to public)
After section 69
69A: Interim suspension of practising certificate pending prosecution or investigation if risk of harm to public
1: This section applies if a practitioner is alleged to have engaged in conduct that—
a: is relevant to—
i: a criminal proceeding that is pending against the practitioner; or
ii: an investigation about the practitioner that is pending under this Act or the Health and Disability Commissioner Act 1994; and
b: in the opinion of the responsible authority held on reasonable grounds, poses a risk of serious harm to the public.
2: If this section applies, the responsible authority may order that the health practitioner’s practising certificate be suspended.
3: The responsible authority is not obliged to give the health practitioner notice that the authority intends to make an order under this section.
4: The responsible authority must ensure that the health practitioner concerned is given the opportunity to—
a: make written submissions on the matter; and
b: be heard on the matter, either personally or by his or her representative, within 20 working days of the making of the order.
5: The responsible authority must revoke an order made under subsection (2) as soon as practicable after—
a: the authority is satisfied that the conduct of the health practitioner does not pose a risk of serious harm to the public; or
b: the criminal proceeding on which the practitioner’s suspension is based is disposed of otherwise than by his or her conviction; or
c: if the criminal proceeding on which the practitioner’s suspension is based results in the health practitioner being convicted, the authority is satisfied that no disciplinary action in respect of that conviction is to be taken or continued under this Act or the Health and Disability Commissioner Act 1994; or
d: if the investigation on which the practitioner’s suspension is based has been completed, the authority is satisfied that the practitioner will not be charged as a result of the investigation.
6: When revoking an order under subsection (5), the responsible authority may order that 1 or more conditions be included in the health practitioner’s scope of practice.
25: New section 92A inserted (Chairperson may prohibit publication of names pending hearing of charge)
After section 92
92A: Chairperson may prohibit publication of names pending hearing of charge
1: At any time after a notice has been given to a health practitioner under section 92(1), the parties to the proceedings may jointly apply to the chairperson of the Tribunal for an order prohibiting the publication of the name, or any particulars of the affairs, of—
a: the health practitioner; or
b: any other person; or
c: the health practitioner and any other person.
2: If, after having regard to the interests of any person (including, without limitation, the privacy of any complainant) and to the public interest, the chairperson of the Tribunal is satisfied that it is desirable to do so, the chairperson may make the order sought.
3: An order continues in force until whichever of the following occurs first:
a: the expiry of any period specified in the order:
b: the order is revoked by the chairperson of the Tribunal:
c: the charge against the health practitioner is heard by the Tribunal.
4: A person who contravenes an order without reasonable excuse commits an offence and is liable on conviction to a fine not exceeding $10,000.
26: Section 93 amended (Interim suspension of registration or imposition of restrictions on practice)
1: Replace section 93(1)
1: Subsections (1A) and (1B) apply at any time after a notice has been given to a health practitioner under section 92(1).
1A: If, in the opinion of the Tribunal held on reasonable grounds, the conduct in which the health practitioner is alleged to have engaged poses a risk of serious harm to the public, the Tribunal may order that, until the charge to which the notice relates has been disposed of, the registration of the practitioner be suspended.
1B: If the Tribunal is satisfied that it is necessary or desirable to do so, having regard to the need to protect the health or safety of members of the public, the Tribunal may order that, until the charge to which the notice relates has been disposed of, the health practitioner may practise as a health practitioner only in accordance with conditions stated in the order.
2: Replace section 93(5) and (6)
5: The appropriate executive officer of the Tribunal must ensure that a copy of the order is promptly given to—
a: the health practitioner concerned; and
b: the responsible authority; and
c: any employer of the practitioner.
6: If so directed, the responsible authority must ensure that a copy of the order is promptly given to any other persons specified by the Tribunal.
7: On receiving a copy of an order under subsection (5)(b), the Registrar of the responsible authority must take all administrative steps necessary to give effect to the order.
27: Section 94 amended (Health practitioner may apply for revocation of order)
1: In section 94(1) section 93(1) section 93(1A) or (1B)
2: In section 94(3)(b)(ii) section 93(1)(b) section 93(1B)
3: In section 94(4) section 93(1) section 93(1A) or (1B)
28: Section 95 amended (Hearings to be public unless Tribunal orders otherwise)
In section 95(7) who , without reasonable excuse,
29: Section 102 amended (Orders limiting restoration of registration)
1: Replace section 102(1)
1: When making an order that the registration of a health practitioner be cancelled, the Tribunal may do either or both of the following:
a: fix a date before which the person may not apply for registration again:
b: impose 1 or more conditions that the person must satisfy before the person may apply for registration again.
2: In section 102(2) conditions imposed under subsection (1)(b)
3: In section 102(3) under of the kind specified in
4: After section 102(3)
3A: If the Tribunal fixes a date before which the person may not apply for registration again, no application for registration may be made by the person before that date.
30: Section 103 amended (Orders of Tribunal)
1: After section 103(1)
1A: The appropriate executive officer of the Tribunal must ensure that a copy of an order made under section 92(4) is given to the health practitioner concerned.
2: After section 103(2)
2A: If the Tribunal makes any 1 or more of the orders authorised by section 101(1)(a) to (d) against a health practitioner who is an employee, the appropriate executive officer must, if so directed by the Tribunal, ensure that a copy of each order is given to the health practitioner's employer.
3: Repeal section 103(3) and (4)
31: New section 103A inserted (Resourcing Tribunal’s administration costs)
Before section 104
103A: Resourcing Tribunal’s administration costs
1: The responsible authorities must pay the Tribunal’s general administration costs.
2: Each responsible authority must pay to the Tribunal at the beginning of each financial year a proportion of the Tribunal’s estimated general administration costs for that financial year, with the proportion being determined—
a: by the Tribunal; and
b: by reference to the number of health practitioners registered with the authority who at the beginning of the financial year hold a current practising certificate.
3: If the Tribunal’s estimated general administration costs for any financial year exceed the Tribunal’s actual general administration costs for that year, the Tribunal must—
a: refund to the authorities, on a proportional basis, the amount of the excess; and
b: determine the proportion payable to each authority by reference to the amount paid by the authority toward the estimated costs.
4: If the Tribunal’s estimated general administration costs for any financial year are less than the Tribunal’s actual general administration costs for that year, the Tribunal may at any time (whether or not the year has ended)—
a: require the authorities to pay, on a proportional basis, the shortfall in costs; and
b: determine the proportion payable by each authority by reference to the amount paid by the authority toward the estimated costs.
5: The Tribunal must provide to each responsible authority at the end of each financial year a statement showing a full breakdown of its general administration costs for that financial year.
6: In this section, general administration costs
32: Section 104 amended (Resourcing of Tribunal and nomination of executive officers)
1: Replace the heading to section 104 Resourcing costs of proceedings and nomination of executive officers
2: In section 104(1)(c) Tribunal for the purpose of the proceeding
33: New section 104A inserted (Recovery of costs, fees, and expenses)
After section 104
104A: Recovery of costs, fees, and expenses
The following are recoverable in any court of competent jurisdiction by the Tribunal from an authority as a debt due to the Tribunal:
a: all costs payable by an authority under section 103A; and
b: all fees and expenses payable by an authority under section 104(1)(a) and (b).
34: Section 105 amended (Recovery of fines and costs)
Replace the heading to section 105 Recovery of costs and expenses of Health and Disability Commissioner or Director of Proceedings
35: New sections 116A to 116D and cross-heading inserted
After section 116 Amalgamation of authorities
116A: Authorities may be amalgamated
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: amalgamate an existing authority with 1 or more other existing authorities; and
b: either—
i: continue the existing authorities as one of the existing authorities; or
ii: continue the existing authorities as a new authority; and
c: provide for any arrangement to complete the amalgamation and provide for the subsequent management and operation of the amalgamated authority; and
d: amend any enactment (for example, this Act) to reflect and give effect to the amalgamation effected by the order.
2: The Minister may recommend that an Order in Council be made only if—
a: the Minister has consulted—
i: the authorities concerned; and
ii: any other organisations that the Minister considers will be affected by the amalgamation; and
b: the Minister is satisfied that it is in the public interest that the order be made.
3: An Order in Council is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
116B: Effect of amalgamation
On the date on which existing authorities amalgamate,—
a: the amalgamated authority succeeds to all the property, rights, powers, and privileges of each of the amalgamating authorities; and
b: the amalgamated authority succeeds to all the liabilities and obligations of each of the amalgamating authorities; and
c: proceedings pending by, or against, an amalgamating authority may be continued by, or against, the amalgamated authority; and
d: a conviction, ruling, order, or judgment in favour of, or against, an amalgamating authority may be enforced by, or against, the amalgamated authority.
116C: Final report of authority
1: As soon as practicable after an authority ( A
2: The final report must be for the period (the report period
a: commencing at the start of the financial year in which A was amalgamated; and
b: ending with the close of the day immediately preceding the date on which A was amalgamated.
3: The final report must include audited financial statements for the report period.
4: The Minister must present a copy of the final report to the House of Representatives within 16 sitting days after receiving it.
5: In this section, financial year
116D: Members not entitled to compensation for loss of office
No member of an authority is entitled to any compensation for loss of office resulting from an Order in Council made under section 116A.
36: New section 116E and cross-heading inserted
After new section 116D section 35 List of authorities
116E: Director-General of Health to publish list of responsible authorities
1: The Director-General of Health must—
a: maintain a list of responsible authorities appointed by or under this Act and the health professions in respect of which each of those authorities is appointed; and
b: publish that list in the Gazette
2: The Director-General of Health must republish the list if an Order in Council is made under—
a: section 115; or
b: section 116A
37: Section 118 amended (Functions of authorities)
1: Replace section 118(f)
f: to receive information from any person about the practice, conduct, or competence of health practitioners and, if it is appropriate to do so, act on that information:
2: In section 118(i) cultural competence cultural competence (including competencies that will enable effective and respectful interaction with Māori)
3: After section 118(j)
ja: to promote and facilitate inter-disciplinary collaboration and co-operation in the delivery of health services:
38: Section 120 amended (Membership of authorities)
After section 120(5)
6: If an authority is established by Order in Council under section 115(1)(b)(i), then, for a period not exceeding 3 months commencing on the day the order is made, subsection (2)(a) must be read as if the reference in that subsection to health practitioners were a reference to persons who are proposing to apply for registration as health practitioners with that authority.
39: New sections 122A and 122B and cross-heading inserted
After section 122 Performance reviews of authorities
122A: Performance reviews
1: From time to time, there must be conducted in respect of each authority a review of how effectively and efficiently the authority is performing its functions (a performance review
2: The first performance review must be conducted within 3 years after the commencement of this section.
3: Subsequent performance reviews must be conducted at intervals that are no more than 5 years apart.
4: For each performance review to be conducted in respect of an authority, the Ministry of Health must, in consultation with the authority,—
a: appoint an independent person to conduct the review (a reviewer
b: set the terms of reference for the review.
5: Before setting the terms of reference for a review, the Ministry of Health may, but is not obliged to, consult any other person, organisation, or group about the terms of reference.
6: A reviewer must, as soon as practicable after conducting a review,—
a: prepare a written report on the conclusions reached and of any recommendations; and
b: give a copy of the report to—
i: the Minister; and
ii: the authority.
7: On receipt of a report under subsection (6)(b)(ii), an authority must, as soon as practicable, publish the report on its Internet site.
8: The costs of conducting a performance review in respect of an authority must be met by the authority.
122B: Information about implementation of recommendations to be included in annual report
1: If a performance review has been completed in respect of any authority during the first 6 months of the authority’s financial year and the report prepared under section 122A(6)(a)
2: If a performance review has been completed in respect of any authority during the last 6 months of the authority’s financial year and the report prepared under section 122A(6)(a)
3: The information referred to in subsections (1) and (2) is—
a: which of the recommendations the authority—
i: proposes to implement; and
ii: does not propose to implement; and
b: the time frame for implementing the recommendations identified under paragraph (a)(i); and
c: the reason for not implementing the recommendations identified under paragraph (a)(ii).
40: Section 134 amended (Annual report)
Replace section 134(1)
1: As soon as is reasonably practicable after the end of each financial year, each authority must deliver to the Minister a report on the operation of the authority during that financial year, and every report to the Minister must include—
a: the audited financial statements of the authority for that financial year; and
b: any information that section 122B
41: New section 134A and cross-heading inserted
After section 134 Information about health practitioners
134A: Authority to provide to Director-General of Health information about health practitioners
1: Each authority must provide to the Director-General of Health (the Director-General
a: relates to health practitioners who are registered with the authority and who hold current practising certificates; and
b: is of a kind specified for the purpose of this section by the Director-General after consultation with the authority (including, without limitation, a health practitioner’s name, date of birth, ethnicity, gender, employer, place or places of work, and the average weekly number of hours worked by the health practitioner at each place of work).
2: The Director-General may use the information only for the purpose of supporting the Ministry of Health’s responsibilities for workplace planning and development.
3: The information must be provided—
a: annually, on a date set by the Director-General after consultation with the authority; and
b: in a form or manner set by the Director-General.
4: Information that is provided to the Director-General under this section and that is not publicly available must not be published or disclosed by the Director-General in a manner that—
a: identifies any health practitioner to whom the information relates; or
b: could reasonably be expected to identify any health practitioner to whom the information relates.
5: This section overrides provisions in contracts, deeds, documents, and other enactments that are inconsistent with this section.
42: Section 140 replaced (Health practitioners must notify Registrar of address)
Replace section 140
140: Health practitioners must notify Registrar of addresses for service
1: A health practitioner must provide to the Registrar of the authority the health practitioner is registered with—
a: a postal address for service; and
b: an electronic address for service.
2: A health practitioner may change any address for service by notifying the Registrar of the change.
43: Section 147 amended (Removal of qualifications, or cancellation of registration, overseas)
Replace section 147(1)
1: The responsible authority may review the registration of a health practitioner if the authority is satisfied that—
a: the health practitioner is registered by virtue of an overseas qualification and the educational establishment that gave the practitioner the qualification has cancelled or suspended it (or taken action equivalent to cancelling or suspending it); or
b: an overseas authority that maintains a register of people registered or licensed as health professionals has, as a result of disciplinary action taken against the health practitioner,—
i: removed the practitioner’s name from the register; or
ii: suspended the practitioner’s registration; or
iii: taken action equivalent to removing the practitioner’s name from the register or suspending the practitioner’s registration.
44: Section 156 amended (Notice and service of documents)
1: Replace section 156(1)(c)
c: by sending it to the electronic address provided by the person as an address for service.
2: In section 156(2) given to received by
3: After section 156(2)
2A: A notice, document, or notification sent to a person’s electronic address must be treated as having been received by the person on the working day after the date on which it was sent, and in proving service it is sufficient to prove that the notice, document, or notification was properly sent.
45: New sections 156A and 156B inserted
After section 156
156A: Orders of authority
1: An order made by a responsible authority must—
a: be in writing; and
b: state the reasons why it was made; and
c: state clearly the health practitioner’s right to appeal to the District Court against the order; and
d: be signed by the Registrar of the authority.
2: The Registrar of a responsible authority must, as soon as practicable after an order is made by the authority,—
a: ensure that a copy of the order is given to—
i: the health practitioner concerned; and
ii: any employer of the health practitioner; and
iii: any person who works in partnership or association with the practitioner; and
b: take all administrative steps necessary to give effect to the order.
156B: When orders of authority or Tribunal take effect
Unless otherwise provided in this Act, an order made by an authority or the Tribunal takes effect on the day on which, under section 156, the order is to be treated as having been received by the health practitioner concerned, or any later date specified in the order.
46: New sections 157A to 157I inserted
After section 157
157A: Meaning of naming policy
In sections 157B to 157I naming policy
157B: Authorities to issue naming policies
1: Each authority must issue a naming policy not later than 12 months after this section comes into force.
2: The purpose of the naming policy is to—
a: enhance public confidence in the health professions for which the authority is responsible and their disciplinary procedures by providing transparency about their decision-making processes; and
b: ensure that health practitioners whose conduct has not met expected standards may be named where it is in the public interest to do so; and
c: improve the safety and quality of health care.
3: A naming policy must set out—
a: the class or classes of health practitioners in respect of whom the naming policy applies; and
b: the circumstances in which a health practitioner may be named; and
c: the general principles that will guide the authority’s naming decisions; and
d: the criteria that the authority must apply when making a naming decision; and
e: the requirement to have regard to the consequences for the health practitioner of being named, including the likely harm to the health practitioner’s reputation; and
f: the procedures that the authority must follow when making a naming decision; and
g: the information the authority may disclose when naming a health practitioner; and
h: the means by which a health practitioner may be named.
157C: Consultation on naming policies
Before issuing its naming policy, an authority must consult, and take into account any comments received from, the following persons:
a: the health practitioners registered with the authority; and
b: the Privacy Commissioner; and
c: the Director-General of Health; and
d: the Health and Disability Commissioner.
157D: Naming policies to be available on Internet
Immediately after issuing a naming policy, an authority must make its naming policy available on an Internet site maintained by or on behalf of the authority.
157E: When naming policies come into force
A naming policy comes into force on the day after the date on which it is issued.
157F: Review of naming policies
1: An authority must review its naming policy within 3 years after the policy comes into force, and then at intervals of not more than 3 years.
2: Sections 157B to 157E
157G: Naming policies to be consistent with law
A naming policy must be consistent with—
a: this Act; and
b: the information privacy principles in section 6 of the Privacy Act 1993; and
c: the general law (including natural justice rights).
157H: Status of naming policies
A naming policy is—
a: not—
i: a legislative instrument for the purposes of the Legislation Act 2012; or
ii: a disallowable instrument for the purposes of the Legislation Act 2012; and
b: not required to be presented to the House of Representatives under section 41 of the Legislation Act 2012.
157I: Authority naming health practitioner in accordance with naming policy protected by qualified privilege
For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any notice published by an authority under section 157(1) that names a health practitioner in accordance with a naming policy issued by the authority must be treated as an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.
2: Further amendments to principal Act
47: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
48: Schedule 1 amended
In Schedule 1, clause 6(5) Evidence Act 1908 Evidence Act 2006
49: Schedule 3 amended
In Schedule 3, replace clause 17(1)
1: An authority may from time to time, by written notice, delegate any of its functions, duties, or powers to a committee appointed under clause 16 or to its Registrar.
1A: However, an authority may not delegate—
a: any power under section 69 to a committee appointed under clause 16:
b: any power under section 69 or 71 to its Registrar.
50: Consequential amendments to other enactments
Amend the enactments specified in Schedule 2 2019-04-12 Substance Addiction (Compulsory Assessment and Treatment) Act 2017 Veterans’ Support Act 2014 Veterinarians Act 2005 Health and Safety at Work (Asbestos) Regulations 2016


1: Title
This Act is the Arms (Prohibited Firearms, Magazines, and Parts) 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 Arms Act 1983 principal Act 2019-04-12 Arms Act 1983
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
1: In section 2(1) exempt person section 4A(1) prohibited ammunition section 2D prohibited firearm section 2A prohibited item prohibited magazine section 2B prohibited part section 2C
2: In section 2(1) military style semi-automatic firearm
3: In section 2(1) part part
a: in relation to a pistol or a restricted weapon, includes any thing, such as a butt, stock, magazine, silencer, or sight, that, although not essential for the discharge by a pistol or a restricted weapon of any shot, bullet, missile, or other projectile, is designed to be, or is intended to be, an integral part of the pistol or restricted weapon; and
b: in relation to a prohibited firearm, includes any thing, such as a butt, stock, magazine (other than a prohibited magazine), silencer, or sight, that, although not essential for the discharge by the prohibited firearm of any shot, bullet, missile, or other projectile, is designed to be, or is intended to be, an integral part of the prohibited firearm; and
c: in relation to any firearm (other than a pistol, restricted weapon, or prohibited firearm), means the action for that firearm and, if relevant, includes the upper receiver and lower receiver, whether together or individually; and
d: in relation to any firearm, includes any thing, such as bolt carrier group parts, trigger group parts, lower parts kits, barrel, gas block, gas tube, folding or telescoping stock, magazine loader, sub-calibre conversion kits, and carbine stock
4: In section 2(1) restricted airgun a restricted weapon, or a military style semi-automatic firearm prohibited firearm, or restricted weapon
5: In section 2(2) military style semi-automatic firearm, prohibited firearm,
5: New sections 2A to 2D inserted
After section 2
2A: Meaning of prohibited firearm
In this Act, unless the context otherwise requires, prohibited firearm
a: means any of the following firearms:
i: a semi-automatic firearm (except a pistol), other than—
A: a semi-automatic firearm that is capable of firing only 0.22 calibre or lower rimfire cartridges and that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with that firearm’s chamber size:
B: a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:
ii: a pump-action shotgun that is capable of being used with a detachable magazine:
iii: a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size:
b: includes any other firearm declared by Order in Council made under section 74A
2B: Meaning of prohibited magazine
In this Act, unless the context otherwise requires, prohibited magazine
a: in relation to a shotgun, means a magazine, whether or not detachable, that is capable of holding more than 5 cartridges commensurate with that shotgun’s chamber size:
b: in relation to any other firearm (except a pistol),—
i: means any detachable magazine—
A: that is capable of holding 0.22 calibre or lower rimfire cartridges and that is capable of holding more than 10 of those cartridges:
B: that is capable of holding more than 10 cartridges and being used with a semi-automatic or fully automatic firearm:
ii: means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges:
c: includes any other magazine declared by Order in Council made under section 74A
2C: Meaning of prohibited part
In this Act, unless the context otherwise requires, prohibited part
a: a part of a prohibited firearm:
b: a component that can be applied to enable, or take significant steps towards enabling, a firearm to be fired with, or near to, a semi-automatic or automatic action.
2D: Meaning of prohibited ammunition
In this Act, prohibited ammunition section 74A
6: Section 3 amended (Act to bind the Crown)
In section 3(2) and (3) pistols, magazines, parts,
7: 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 1
8: New section 4A inserted (Persons who may apply to import, sell, supply, and possess, or use prohibited items)
After section 4
4A: Persons who may apply to import, sell, supply, possess, or use prohibited items
1: Only the following persons may apply to import, sell, supply, possess, or use a prohibited item in accordance with the provisions of this Act and in their capacity as—
a: a licensed dealer or an employee or agent of a licensed dealer:
b: a bona fide collector of firearms:
c: a person to whom the prohibited item has special significance as an heirloom or a memento:
d: a director or curator of a bona fide museum:
e: an approved employee or approved member referred to in section 29(2)(e):
f: a person who is employed or engaged by the Department of Conservation and involved in operations for the purpose of controlling wild animals or animal pests in accordance with a specified Act (subject to prescribed limits, if any):
g: a person who is the holder of a concession granted by the Minister of Conservation to undertake wild animal recovery operations in accordance with a specified Act (subject to prescribed limits, if any):
h: a person who is employed or engaged by a management agency as defined in section 100 of the Biosecurity Act 1993 and involved in operations for the purpose of controlling wild animals or animal pests in accordance with that Act (subject to prescribed limits, if any):
i: a person whose sole business, or a substantial part of whose business, is providing services to control any prescribed wild animals or animal pests, or a person employed or engaged by that person for that purpose (subject to prescribed limits, if any).
2: In subsection (1)(f) and (g) specified Act
a: the Wildlife Act 1953:
b: the Wild Animal Control Act 1977:
c: the Conservation Act 1987:
d: the Biosecurity Act 1993.
9: Section 5 amended (Dealers to be licensed)
1: Replace section 5(1)
1: No person may, unless they hold a dealer’s licence under this Act issued by a commissioned officer of the Police,—
a: in the way of business sell any firearm, prohibited magazine, prohibited part, airgun, pistol, or restricted weapon; or
b: manufacture for sale any firearm, prohibited magazine, prohibited part, airgun, pistol, or restricted weapon.
2: In section 5(3) firearms, prohibited magazines,
3: After section 5(3A)
3B: Despite subsections (1)
10: New section 6A inserted (Conditions of dealer’s licence)
After section 6
6A: Conditions of dealer’s licence
1: Every dealer’s licence is issued subject to the conditions that any person who is in possession of a pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine by virtue of that licence must—
a: produce that pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine to any member of the Police on demand; and
b: permit the member of the Police to inspect the pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine and the place where it is kept, and, for that purpose, to enter at all reasonable times upon the premises where the place is situated.
2: It is the duty of every member of the Police exercising any power conferred by subsection (1)
a: to identify themselves to the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine; and
b: to tell the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine that the power is being exercised under subsection (1)
c: if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.
11: Section 10 replaced (Restriction on possession of pistol or restricted weapon by licensed dealer)
Replace section 10
10: Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer
1: No licensed dealer may take a pistol, prohibited firearm, prohibited magazine, or restricted weapon into their possession for sale unless the licensed dealer obtains it—
a: pursuant to a permit issued for the purposes of section 16(1) 35A
b: either—
i: from a holder of a firearms licence that bears an endorsement made under section 30 or 30B
ii: from another licensed dealer.
2: No licensed dealer may take a prohibited part into their possession for sale unless the licensed dealer obtains it—
a: from a holder of a firearms licence that bears an endorsement made under section 30B
b: pursuant to a permit issued for the purposes of section 16(1)
c: from another licensed dealer.
3: Every person who contravenes subsection (1) or (2)
4: Subsection (3) section 59A(1)
12: Section 11 amended (Dealers and their employees and agents to hold firearms licences)
In section 11(1) pistol, prohibited item,
13: Section 12 amended (Record of dealings by licensed dealers)
1: In section 12(1) pistols, prohibited items,
2: In section 12(2) pistols, prohibited items,
3: After section 12(3)
4: Subsection (3) section 59A(2)
14: Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, and restricted weapons held by licensed dealers)
1: In the heading to section 13 pistols, prohibited items,
2: In section 13(1), (2), (4), and (5) pistols, prohibited items,
15: Section 14 amended (Disposal of firearms, ammunition, airguns, pistols, and restricted weapons of dealer whose licence is revoked)
1: In the heading to section 14 pistols, prohibited items,
2: In section 14 pistols, prohibited items,
16: Section 15 amended (Offence for licensed dealer to carry on business following revocation of his licence)
1: In section 15(1) pistol, prohibited item,
2: In section 15(2) pistols, prohibited items,
17: Cross-heading above section 16 replaced
Replace the cross-heading above section 16 Importation of firearms and ammunition
18: Section 16 amended (Offence to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons without permit)
1: Replace the heading to section 16 Offence to import firearms, etc, without permit
2: Replace section 16(1)
1: A person must have a permit to bring or cause to be brought or sent into New Zealand any of the following items:
a: a firearm (other than a prohibited firearm), pistol, starting pistol, restricted airgun, or restricted weapon:
b: any part of a firearm (other than a prohibited firearm), pistol, starting pistol, or restricted weapon:
c: a prohibited item.
3: In section 16(3) subsection (1) subsection (1)(a) or (b)
4: After section 16(3)
4: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who acts in contravention of subsection (1)(c)
19: New section 16A inserted (Offence to import prohibited ammunition)
After section 16
16A: Offence to import prohibited ammunition
1: A person must not, without reasonable excuse, bring or cause to be brought or sent into New Zealand any prohibited ammunition.
2: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who acts in contravention of subsection (1)
20: Section 17 amended (Burden of proof)
In section 17 section 16 of this Act section 16(1)(a) or (b)
21: Section 18 amended (Issue of permits to import firearms, parts of firearms, or restricted airguns)
1: Replace the heading to section 18 Issue of permit to import
2: Replace section 18(1) and (2)
1: A member of the Police to whom an application is made for the issue of a permit for the purposes of section 16(1)
2: A member of the Police may grant an application for the issue of a permit for the purposes of section 16(1)
a: any firearm (other than a firearm referred to in subsection (2A)
b: any part of an item described in paragraph (a)
2A: The Commissioner may grant an application for the issue of a permit for the purposes of section 16(1)
a: a pistol, prohibited item, restricted airgun, or restricted weapon; or
b: any part of a pistol or restricted weapon.
2B: The Commissioner may issue a permit under subsection (2A)
a: the Commissioner is satisfied that there are special reasons why the item should be allowed into New Zealand; and
b: in case of an application by—
i: a licensed dealer in respect of a prohibited item, the Commissioner is satisfied that the dealer is acting as an agent for a person who is the holder of a firearms licence that bears an endorsement made under section 30B
ii: a person other than a licensed dealer in respect of a prohibited item, the person is the holder of a firearms licence that bears an endorsement under section 30B
2C: If the application for the issue of a permit for the purposes of section 16(1) non-prohibited firearm
a: must be satisfied that the part will only be used by the licence holder with or on a non-prohibited firearm; and
b: may impose conditions on the permit that enable the Police to verify the use of that part.
22: Section 18A amended (Expiration of permits to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons)
Replace the heading to section 18A Expiry of permits to import
23: Section 18B amended (Samples)
In section 18B(1), (2), and (3) military style semi-automatic firearm prohibited item
24: Section 19 amended (Seizure of illegally imported items)
1: In section 19 military style semi-automatic firearm prohibited item
2: In section 19
2: A member of the Police or an officer of the New Zealand Customs Service who suspects on reasonable grounds that any prohibited ammunition has been brought or sent into New Zealand in breach of section 16A
a: may seize and detain the prohibited ammunition; and
b: in effecting the seizure, may use any reasonably necessary force.
25: Section 20 amended (Restrictions on possession of firearms)
In section 20(2) or a military style semi-automatic firearm or a restricted weapon , prohibited item, or restricted weapon
26: Section 22 amended (Exemptions)
In section 22(2)(a) pistol or a pistol, prohibited firearm, or
27: Section 28 amended (Effect of revocation or surrender of firearms licence)
1: In section 28(1) and (2) pistol, prohibited magazine, prohibited part,
2: In section 28(3) and (4) pistols, prohibited magazines, prohibited parts,
28: Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
In section 30
2: A person whose firearms licence bears an endorsement made under this section is not entitled to lawfully possess a pistol or restricted weapon until—
a: the person is issued with a permit for the purposes of section 16(1)
b: the endorsement is made specific to the pistol or restricted weapon in respect of which a permit has been issued under section 35.
29: Section 30A amended (Application for endorsement in respect of military style semi-automatic firearm)
1: Replace the heading to section 30A Application for endorsement in respect of prohibited firearm or prohibited magazine
2: Replace section 30A(1)
1: An exempt person who is of or over the age of 18 years, and who is a holder of a firearms licence or is applying for a firearms licence, may apply for an endorsement on their licence permitting them to possess a prohibited firearm or prohibited magazine in their capacity as an exempt person.
3: After section 30A(2)
2A: An application must state in which capacity referred to in section 4A(1)
30: Section 30B replaced (Power to make endorsement in respect of military style semi-automatic firearm)
Replace section 30B
30B: Power to make endorsement in respect of prohibited firearm or prohibited magazine
1: On receiving an application under section 30A, a member of the Police may, subject to any direction of the Commissioner, make an endorsement on the applicant’s firearms licence permitting the applicant to possess a prohibited firearm or prohibited magazine if the member of the Police is satisfied that—
a: the applicant is a fit and proper person to possess a prohibited firearm or prohibited magazine to which the application relates; and
b: it is appropriate for the applicant, in their capacity as an exempt person, to possess a prohibited firearm or prohibited magazine.
2: In the case of an application made by an exempt person described in section 4A(1)(c)
a: of the matters in subsection (1)(a)
b: that in all the circumstances it is reasonable to grant the endorsement.
3: In the case of an application made by an exempt person described in section 4A(1)(e)
a: of the matters in subsection (1)
b: that the possession of a prohibited firearm or prohibited magazine by the applicant is required for the purpose of—
i: making a broadcast; or
ii: producing or staging a play; or
iii: filming a cinematic production or television film or making a video recording.
4: In the case of an application made by an exempt person described in section 4A(1)(f), (g), (h), or (i)
a: of the matters in subsection (1)
b: that the exempt person has a genuine need to possess the prohibited firearm or prohibited magazine; and
c: that the prohibited firearm or prohibited magazine will be used by the exempt person solely for the purpose of controlling wild animals or animal pests; and
d: that that purpose cannot effectively be achieved by the use of a non-prohibited firearm or non-prohibited magazine.
5: A person whose firearms licence bears an endorsement made under this section is not entitled to lawfully possess a prohibited firearm or prohibited magazine until—
a: the person is issued with a permit for the purposes of section 16(1)
b: the endorsement is made specific to the prohibited firearm or prohibited magazine in respect of which a permit has been issued under section 35A
31: Section 31 amended (Possession of firearm, pistol, military style semi-automatic firearm, or restricted weapon for stage, film, or television purposes)
1: In the heading to section 31 military style semi-automatic firearm prohibited item
2: In section 31 military style semi-automatic firearm prohibited item
32: New section 31A inserted (Conditions of endorsements)
After section 31
31A: Conditions of endorsements
1: Every endorsement is granted subject to the conditions that any person who is in possession of a pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine by virtue of that endorsement must—
a: produce that pistol, restricted weapon, prohibited firearm, or prohibited magazine to any member of the Police on demand; and
b: permit the member of the Police to inspect the pistol, restricted weapon, prohibited firearm, or prohibited magazine and the place where it is kept, and, for that purpose, to enter at all reasonable times upon the premises where the place is situated.
2: It is the duty of every member of the Police exercising any power conferred by subsection (1)
a: to identify themselves to the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine; and
b: to tell the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine that the power is being exercised under subsection (1)
c: if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.
33: Section 32 amended (Conditions of endorsements)
Replace the heading to section 32 Further conditions of endorsements in respect of pistols and restricted weapons
34: Section 33A replaced (Conditions of endorsement in respect of military style semi-automatic firearms)
Replace section 33A
33A: Further conditions of endorsement in respect of prohibited firearm or prohibited magazine
1: An endorsement on a firearms licence in respect of a prohibited firearm or prohibited magazine made under section 30B
a: the holder of the firearms licence may only possess and use the prohibited firearm or prohibited magazine in their capacity as an exempt person; and
b: the holder of the firearms licence must observe in respect of every prohibited firearm or prohibited magazine in their possession all security precautions required by regulations made under this Act; and
c: the holder of the firearms licence who is an exempt person under section 4A(1)(b), (c), (d), or (e)
i: not use live ammunition in the prohibited firearm in their possession; and
ii: ensure that the prohibited firearm is—
A: rendered inoperable by removal of a vital part; and
B: maintained, by reason of the removal of the vital part, in an inoperable condition; and
iii: ensure that the removed vital part is kept at a separate address from the prohibited firearm; and
d: any other conditions regarding the use and custody of the prohibited item in their possession that the Commissioner thinks necessary.
2: In subsection (1)(c)(iii) separate address
35: Section 33B amended (Revocation of endorsement in respect of military style semi-automatic firearms)
1: Replace the heading to section 33B Revocation of endorsement in respect of prohibited firearm or prohibited magazine
2: In section 33B(2) military style semi-automatic firearm prohibited firearm or prohibited magazine
36: Section 34 amended (Notification of change of address)
In section 34(2) military style semi-automatic firearm prohibited firearm, prohibited magazine
37: Cross-heading above section 35 replaced
Replace the cross-heading above section 35 Permits to possess pistols, restricted weapons, prohibited firearms, and prohibited magazines
38: Section 35 amended (Issue of permit to procure pistol, military style semi-automatic firearm, or restricted weapon)
1: Replace the heading to section 35 Issue of permit to possess pistol or restricted weapon
2: In section 35(1) and (2) , military style semi-automatic firearm,
3: In section 35(1) and (2) procure possess
4: In section 35(2)(b) or section 30B
39: New section 35A inserted (Issue of permit to possess prohibited firearm or prohibited magazine)
After section 35
35A: Issue of permit to possess prohibited firearm or prohibited magazine
1: A permit to possess a prohibited firearm or prohibited magazine may be issued only by a member of the Police acting under a direction of the Commissioner.
2: A permit to possess a prohibited firearm or prohibited magazine may be issued if—
a: the applicant is the holder of a dealer’s licence; or
b: the applicant is not the holder of a dealer’s licence, but—
i: is the holder of a firearms licence; and
ii: that licence bears an endorsement made under section 30B
iii: the member of the Police to whom the application is made is satisfied that it is appropriate for the applicant to possess the prohibited firearm or prohibited magazine.
3: Unless sooner revoked, a permit issued under this section remains in force for the period specified in the permit, which must not exceed 1 month.
4: A permit may at any time be revoked by a commissioned officer of Police.
40: Section 38 amended (Removal of pistol, military style semi-automatic firearm, or restricted weapon out of New Zealand)
1: In the heading to section 38 military style semi-automatic firearm prohibited firearm, prohibited magazine
2: In section 38(1) military style semi-automatic firearm prohibited firearm, prohibited magazine
41: Cross-heading above section 39 replaced
Replace the cross-heading above section 39 Miscellaneous obligations
42: Section 39 amended (Loss, theft, or destruction)
Replace section 39(1)
1: This section applies if—
a: a firearm, pistol, prohibited magazine, prohibited part, or restricted weapon is lost or stolen; or
b: a firearm, pistol, prohibited magazine, prohibited part, or restricted weapon is destroyed.
1A: The owner of the firearm, pistol, prohibited magazine, prohibited part, or restricted weapon must—
a: immediately give written notice of the loss, theft, or destruction to a member of the Police; and
b: give all information in their possession relating to the loss, theft, or destruction to a member of the Police.
43: Section 40 amended (On demand by Police person in possession of firearm, airgun, pistol, or restricted weapon to give name, address, and date of birth)
1: Replace the heading to section 40 Person in possession of firearm, etc, must give identifying information to Police
2: In section 40(1) pistol, prohibited magazine, prohibited part,
44: Section 43 amended (Selling or supplying firearm or airgun to unlicensed person)
In section 43(1)(a) and (3)(a) military style semi-automatic firearm prohibited item
45: New section 43AA inserted (Possessing, selling, or supplying prohibited ammunition)
After section 43
43AA: Possessing, selling, or supplying prohibited ammunition
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who, without reasonable excuse,—
a: possesses prohibited ammunition; or
b: sells or supplies prohibited ammunition.
46: Section 43A amended (Mail order sale of firearm or ammunition)
In section 43A(2)(a) military style semi-automatic firearm prohibited item
47: Section 44 amended (Selling or supplying pistol, military style semi-automatic firearm, or restricted weapon to person who does not hold permit to import or to procure)
1: Replace the heading to section 44 Selling or supplying pistol or restricted weapon to person who does not hold permit to possess
2: In section 44(1), (2), and (4) , military style semi-automatic firearm,
3: In section 44(2) supplied a pistol or a military style semi-automatic firearm supplied a pistol
48: New sections 44A and 44B inserted
After section 44
44A: Offence to sell or supply prohibited firearm or prohibited magazine
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, without reasonable excuse, sells or supplies a prohibited firearm or prohibited magazine to a person other than a person who holds—
a: a permit issued for the purposes of section 16(1)
b: a permit issued under section 35A
44B: Offence to sell or supply prohibited part
Every person commits an offence and is liable to imprisonment for a term not exceeding 2 years who, without reasonable excuse, sells or supplies a prohibited part to a person other than a person who holds an endorsement to possess a prohibited firearm.
49: Section 45 amended (Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose)
1: Replace the heading to section 45 Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose
2: In section 45(1) and (2) pistol, prohibited magazine,
50: Section 49A amended (Unlawful possession of firearm or airgun after revocation of firearms licence)
1: In the heading to section 49A firearm , prohibited magazine, prohibited part,
2: In section 49A firearm , prohibited magazine, prohibited part,
51: Section 50 amended (Unlawful possession of pistol, military style semi-automatic firearm, or restricted weapon)
1: In the heading to section 50 , military style semi-automatic firearm,
2: Repeal section 50(1)(c)
3: In section 50(3) , military style semi-automatic firearm,
52: New sections 50A to 50D inserted
After section 50
50A: Unlawful possession of prohibited firearm
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who—
a: is in possession of a prohibited firearm; and
b: is not authorised or permitted expressly by or pursuant to this Act to be in possession of that prohibited firearm.
50B: Unlawful possession of prohibited magazine
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who—
a: is in possession of a prohibited magazine; and
b: is not authorised or permitted expressly by or pursuant to this Act to be in possession of that prohibited magazine.
50C: Unlawful possession of prohibited part
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who without reasonable excuse is in possession of a prohibited part and who is not authorised by an endorsement made under section 30B
50D: Unlawfully carrying or possessing prohibited firearm in public place
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, without lawful purpose, carries or possesses a prohibited firearm in a public place.
53: Section 51 amended (Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon)
Replace section 51(1)
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or a fine not exceeding $4,000, or both, who, without lawful purpose,—
a: carries a firearm (other than a prohibited firearm), an airgun, a pistol, a restricted weapon, ammunition, or an explosive in a public place; or
b: possesses a firearm (other than a prohibited firearm), an airgun, a pistol, a restricted weapon, ammunition, or an explosive in a public place.
54: New section 51A inserted (Presenting prohibited firearm at other person)
After section 51
51A: Presenting prohibited firearm at other person
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, unless for some lawful purpose, presents at any other person—
a: a prohibited firearm; or
b: anything that, in the circumstances, is likely to lead that person to believe it to be a prohibited firearm.
2: For the purposes of an offence against subsection (1)(a)
55: Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
1: In section 52(1) presents a firearm presents a firearm (other than a prohibited firearm)
2: In section 52(2) firearm (other than a prohibited firearm)
56: New section 53A inserted (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
After section 53
53A: Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 10 years who makes, or attempts to make, any use whatsoever of any prohibited firearm with intent to resist or prevent the lawful arrest or lawful detention of—
a: themselves:
b: any other person.
2: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, at the time of committing an offence punishable by imprisonment for a term of 3 years or more, possesses a prohibited firearm.
3: It is a defence to a prosecution for an offence against subsection (2)
57: Section 54 amended (Use or attempted use of firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive to resist or prevent arrest or commit offence)
1: Replace the heading to section 54 Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence
2: In section 54(2) any firearm (other than a prohibited firearm)
58: New section 54A inserted (Carrying prohibited firearm with criminal intent)
After section 54
54A: Carrying prohibited firearm with criminal intent
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who carries any prohibited firearm with intent to commit an offence.
59: Section 55 amended (Carrying firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with criminal intent)
1: Replace the heading to section 55 Carrying firearm, etc, with criminal intent
2: In section 55(1) and (2) any firearm any firearm (other than a prohibited firearm)
60: New sections 55A and 55B inserted
After section 55
55A: Offence to assemble prohibited firearm
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, without lawful purpose,—
a: assembles a prohibited firearm; or
b: converts a firearm into a prohibited firearm.
55B: Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $1,000, or both, who, having a dealer’s licence or firearms licence endorsed under section 30 or 30B
a: produce a pistol, restricted weapon, prohibited firearm, or prohibited magazine in their possession to any member of the Police upon demand; or
b: permit any member of the Police to inspect the pistol, restricted weapon, prohibited firearm, or prohibited magazine, or the place where it is kept, or to enter that place.
61: New sections 59A and 59B and cross-heading inserted
After section 59 Surrender or delivery of firearms, etc
59A: Surrender by licensed dealer of firearms, etc
1: A licensed dealer does not contravene section 10
2: A licensed dealer does not contravene section 12 if the licensed dealer does not record the particulars of a firearm that is received by that dealer and, within 5 working days, surrenders it to the nearest Arms Office for inspection and inquiries.
59B: Voluntary delivery to Police of firearms, etc
1: If any firearm, airgun, restricted weapon, prohibited item, or prohibited ammunition is delivered to the Police by a person who is not authorised to be in possession of it, it is affirmed that the Police have the discretion not to prosecute where the offence is considered to be one of possession only and there is no public interest in proceeding with the prosecution.
2: See also Schedule 1 1961 No 43 s 59(4)
62: Section 62 amended (Right of appeal from official decisions)
1: Repeal section 62(1)(a)
2: Replace section 62(1)(b)(vi)
vi: a permit under section 35 to possess a pistol or restricted weapon:
vii: a permit under section 35A
3: Replace section 62(1)(c)(v)
v: a permit under section 35 to possess a pistol or restricted weapon:
vi: a permit under section 35A
63: Section 63 amended (Appeal to District Court Judge in respect of compensation)
In section 63 imitation firearm, prohibited magazine, prohibited part,
64: Section 65 amended (Restoration of articles seized)
In section 65 restricted weapon, prohibited magazine,
65: Section 66 amended (Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein)
1: In the heading to section 66 restricted weapon, prohibited magazine,
2: In section 66 restricted weapon, prohibited magazine,
66: Section 69 amended (Forfeitures)
In section 69(1) and (2) imitation firearm, prohibited magazine, prohibited part,
67: Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
In section 70(1) and (2) imitation firearm, prohibited magazine, prohibited part,
68: Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
In section 73(1) a firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive a firearm, an airgun, a pistol, an imitation firearm, a restricted weapon, a prohibited magazine, a prohibited part, ammunition, or an explosive
69: Section 74 amended (Regulations)
1: In section 74(1)(e) subject , or authorising the Commissioner to prescribe conditions of that kind
2: After section 74(1)(h)
ha: making provision for the secure storage of a vital part removed from a prohibited firearm or restricted weapon to render it inoperable and prescribing precautions to be taken to prevent the theft or misuse of vital parts in the possession of any person or class of persons:
3: In section 74(1)(i) and (j) pistols, prohibited items,
4: In section 74(1)(l) firearms , magazines, and parts
5: After section 74(1)(la)
lb: prescribing limits for the purposes of section 4A(1)(f) to (i)
lc: prescribing wild animals or animal pests for the purposes of section 4A(1)(i)
6: After section 74(1)(r)
ra: providing, for the purposes of the orderly implementation of any Order in Council made under section 74A
i: any exemptions from any provisions of this Act or the regulations made under this Act (subject to terms or conditions, if any); and
ii: any other transitional or savings matters:
70: Sections 74A and 74B replaced
Replace sections 74A 74B
74A: Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition
The Governor-General may, by Order in Council made on the recommendation of the Minister of Police,—
a: amend the description in section 2A
b: amend the description in section 2B
c: declare any semi-automatic firearm (except a pistol) or pump-action shotgun of a stated name or description to be a prohibited firearm for the purposes of this Act:
d: declare any magazine of a stated name or description to be a prohibited magazine for the purposes of this Act:
e: declare any ammunition to be prohibited ammunition for the purposes of this Act.
74B: Orders under section 74A are confirmable instruments
The explanatory note of an Order in Council made under section 74A
a: it is a confirmable instrument under section 47B of the Legislation Act 2012; and
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.
74C: Regulations providing for transitional matters
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, make regulations—
a: providing transitional and savings provisions concerning the coming into force of the amendment Act that may be in addition to the transitional and savings provisions in Schedule 1
b: providing that (subject to any conditions specified in the regulations) during a specified transitional period,—
i: specified provisions of this Act (including definitions or transitional and savings provisions) do not apply (or apply with modifications or additions):
ii: specified provisions repealed or amended by the amendment Act continue to apply (or continue to apply with modifications or additions):
iii: conditions for the possession and use of a prohibited item apply during the amnesty period (as defined in clause 1 of Schedule 1
2: The Minister may recommend the making of regulations under this section only if the Minister is satisfied that the regulations are necessary or desirable for the orderly implementation of the amendment Act.
3: On the close of 31 December 2020
a: this section is repealed; and
b: any regulations made under it are revoked.
4: To avoid doubt, regulations 28E and 28F regulation 28E section 74 Schedule 3
5: In this section, amendment Act Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
71: Section 77 repealed (Repeals)
Repeal section 77
72: Schedule replaced
Replace the Schedule Schedule 1
2: Consequential amendments and revocation
73: Consequential amendments to other enactments
Amend the enactments specified in Schedule 2 2019-04-12 Corrections Act 2004 Criminal Investigations (Bodily Samples) Act 1995 Family Violence Act 2018 Legislation Act 2012 Local Government Act 2002 Search and Surveillance Act 2012 Gambling (Prohibited Property) Regulations 2005
74: Consequential amendments to Arms Regulations 1992
Amend the Arms Regulations 1992 Schedule 3 2019-04-12 Arms Regulations 1992
75: Revocation
The Arms (Military Style Semi-automatic Firearms) Order 2019 2019-04-12 Arms (Military Style Semi-automatic Firearms) Order 2019


Arbitration Amendment Act 2019

1: Title
This Act is the Arbitration 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 Arbitration Act 1996 principal Act 2019-05-08 Arbitration Act 1996
4: Schedule 1 amended
1: In Schedule 1, after article 16(3)
4: To avoid doubt, it is declared that the failure to pursue a request made under paragraph (3) in a timely manner operates as a waiver of any right to later object to a ruling of the arbitral tribunal as to its jurisdiction.
2: In Schedule 1, replace article 34(2)(a)(iv)
iv: the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Act; or
5: Schedule 2 amended
1: In Schedule 2, clause 1(1) to (5) and (3)
2: In Schedule 2, repeal clause 1(4) and (5)


1: Title
This Act is the Social Security (Winter Energy Payment) Amendment Act 2019.
2: Commencement
1: Part 1
2: The rest of this Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Social Security Act 2018 principal Act 2019-05-01 Social Security Act 2018 Part 1 (see section 2(1)) 2019-04-12 Social Security Act 2018 Part 2 (see section 2(2), which commences the remainder of this Act)
1: Winter energy payment for winter periods in and after 2019 calendar year
4: Section 72 amended (Winter energy payment: requirements)
Replace section 72(2)(c) and (d)
c: the person is aged 65 years or over, is a qualifying person as defined in section 12 of the Residential Care and Disability Support Services Act 2018, and must under section 17 of that Act pay a contribution based on income towards the cost of that person’s LTR contracted care that is less than the maximum contribution (as defined in section 15(2) of that Act); or
ca: the person is aged 50 to 64 years, is a 50+ single person as defined in section 21 of the Residential Care and Disability Support Services Act 2018, and is under section 22 of that Act liable to make a contribution based on income towards the cost of the person’s LTR contracted care that is less than the maximum contribution (as defined in section 15(2) of that Act); or
d: neither paragraph (c) nor paragraph (ca) applies to the person, and the person is—
i: receiving, in relation to the person’s disability or long-term chronic health condition, residential care services that are partly funded under the New Zealand Public Health and Disability Act 2000; and
ii: contributing to the cost of those services by a payment redirected under section 339(1)(a) or (c)(i), or sections 341 and 344, of this Act; or
5: Section 220 amended (Special absence rule: winter energy payment)
Replace section 220(2)
2: The winter energy payment is payable to a beneficiary for up to a maximum of 28 days of any 1 or more absences (however long each absence lasts in total) of the beneficiary from New Zealand during the winter period (as defined in section 71) if—
a: the payment would be payable to the beneficiary were it not for those days of those absences; and
b: MSD is satisfied that those days of those absences do not affect the beneficiary’s eligibility for the payment under section 72.
2: Purported winter energy payment for winter period for 2018 calendar year
6: Schedule 1 amended: new Part 1 heading inserted
In Schedule 1 Interpretation clause 1
1: Provisions relating to Act as enacted
7: Schedule 1 amended: new Part 2 inserted
In Schedule 1 clause 76
2: Provisions relating to Social Security (Winter Energy Payment) Amendment Act 2019
77: Purported winter energy payment for winter period for 2018 calendar year: payments contrary to section 61FG(2)(c) and (d) of Social Security Act 1964
A purported winter energy payment made for the winter period for the 2018 calendar year is as authorised as if section 61FG(2)(c) and (d) of the Social Security Act 1964 (as in force after 30 June 2018 and until 26 November 2018) were replaced with a section 61FG(2)(c), (ca), and (d)
“(c): the person is aged 65 years or over, is an eligible person as defined in section 136, and is under section 139(1) and (3) liable to pay an amount towards the cost of long-term residential care provided to them in a hospital or rest home that is less than the maximum contribution (as defined in section 136); or
“(ca): the person is aged 50 to 64 years, is single, and has no dependent children, is an eligible person, and is under section 143 required to pay only a contribution based on income towards the cost of the long-term residential care provided to them in a hospital or rest home that is less than the maximum contribution (as defined in section 136); or
“(d): neither paragraph (c) nor paragraph (ca) applies to the person, and the person is—
“(i): receiving, in relation to the person’s disability or long-term chronic health condition, residential care services that are partly funded under the New Zealand Public Health and Disability Act 2000; and
“(ii): contributing to the cost of those services by a payment redirected under section 82(3)(a) (but only to the extent that it refers to a payment to or on account of some other person authorised by the beneficiary), section 82(3)(b)(i), or sections 179(4)(a), (5), and (6) and 180, of this Act; or”.
78: Purported winter energy payment for winter period for 2018 calendar year: payments contrary to section 61FJ(2) of Social Security Act 1964
A purported winter energy payment made for the winter period for the 2018 calendar year is as authorised as if section 61FJ(2) of the Social Security Act 1964 (as in force after 30 June 2018 and until 26 November 2018) read as follows:
“(2): The winter energy payment is payable to a beneficiary for up to a maximum of 28 days of any 1 or more absences (however long each absence lasts in total) of the beneficiary from New Zealand during the winter period if—
a: the payment would be payable to the beneficiary were it not for those days of those absences; and
b: the chief executive is satisfied that those days of those absences do not affect the beneficiary’s eligibility for the payment under section 61FG.”