Securities Amendment Act 2001

1: Title
1: This Act is the Securities Amendment Act 2001.
2: In this Act, the Securities Act 1978 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act
3: New
section 11 The principal Act is amended by repealing section 11
11: Membership of Commission
1: The Commission must consist of not less than 5, and not more than 10, members, of whom at least 1 must be a barrister or solicitor of at least 7 years' practice.
2: The members of the Commission must be appointed by the Governor-General on the recommendation of the Minister.
3: One member must be so appointed as Chairperson of the Commission.
4: No person may be recommended for appointment as a member of the Commission, unless, in the opinion of the Minister, the person is qualified for appointment, having regard to the functions and powers of the Commission, by virtue of the person's knowledge of, or experience in, industry, commerce, economics, law, accountancy, public administration, or securities.
4: Provisions relating to certain proceedings before Commission
Section 19 subsection (2)
2: At least 1 person who is a barrister or solicitor of the High Court of not less than 7 years' practice must attend at every meeting of the Commission for the purposes of section 44(1)(b), 44B(2), or section 69
5: References to chairperson, etc
The principal Act and the Securities Amendment Act 1988
a: omitting the word Chairman Chairperson
b: omitting the word Chairman's Chairperson's
c: inserting, after the word he or she or she
d: inserting, after the word his or her or her
e: inserting, after the word him or her or her
f: inserting, after the word himself or herself Amendments to Securities Amendment Act 1988
6: Amendments to Securities Amendment Act 1988
1: Section 8(3) Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
2: Section 10 Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
3: Section 12(2) Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
4: Section 14 Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
5: Sections 17 18 19(2)(a) 28(1) 29(1) Securities Amendment Act 1988 member holder of securities
6: Section 17 Securities Amendment Act 1988 subsection (4)
4A: Any confidential communications between the solicitor or barrister and any other person for the purposes of establishing whether the public issuer has a cause of action against the insider, are protected by absolute privilege.


1: Title
1: This Act is the Superannuation Schemes Amendment Act 2001.
2: In this Act, the Superannuation Schemes Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Implied provision as to transfer of members, etc
Section 9B subsection (2)
2: The trustees of each registered superannuation scheme affected must notify the persons described in subsection (2A) subsection (2B)
a: from a registered superannuation scheme to any other superannuation scheme; or
b: from a superannuation scheme to a registered superannuation scheme.
2A: The persons referred to in subsection (2)
a: all members and beneficiaries of each registered superannuation scheme (other than those members and beneficiaries that, in the opinion of the Government Actuary, are not likely to be materially affected by the proposed transfer referred to in that subsection); and
b: the Government Actuary.
2B: At least 1 month before the date by which the written consent of members and beneficiaries to a proposed transfer referred to in subsection (2)
a: the trustees must notify the members and beneficiaries described in subsection (2A)(a)
i: the proposed transfer and its implications for members and beneficiaries; and
ii: the date on which the proposed transfer is to occur; and
iii: the date by which the written consent of members and beneficiaries to the proposed transfer must be received by the trustees; and
iv: the fact that a copy of the notice has been forwarded to the Government Actuary; and
b: the trustees must notify the Government Actuary in writing of—
i: the proposed transfer and its implications for members and beneficiaries; and
ii: the date on which the proposed transfer is to occur; and
iii: the date by which the written consent of members and beneficiaries to the proposed transfer must be received by the trustees.
4: New
section 9BA The principal Act is amended by inserting, after section 9B
9BA: Government Actuary may exempt trustees from requirement to obtain written consent of all members and beneficiaries
1: The Government Actuary may exempt trustees of a registered superannuation scheme from the requirement to obtain the written consent of all members and beneficiaries of the scheme under sections 9 and 9B
a: the trustees have not been able to contact all members or beneficiaries of the scheme despite having taken all reasonable steps to do so; and
b: the proposed action is not unreasonable in relation to the best interests of any member or beneficiary who has not been contacted.
2: To avoid doubt, any exemption given by the Government Actuary under this section is subject to section 23
5: Accounts
1: Section 13(1) paragraph (b)
b: annual accounts in respect of the scheme are prepared in accordance with generally accepted accounting practice (as defined in section 3 of the Financial Reporting Act 1993 .
2: Section 13(2) paragraph (b)
b: that administration manager has prepared annual accounts in respect of the scheme that comply with generally accepted accounting practice (as defined in section 3 of the Financial Reporting Act 1993 .
6: Annual reports
1: Section 14(1) 6 months 5 months
2: Section 14 subsection (3)
3: The trustees must send a copy of the completed report to the Government Actuary within 28 days after its completion.
7: Actuarial examination
1: Section 15(2) 9 months 7 months
2: Section 15 subsection (3)
3: The trustees must send a copy of the report of the actuary to the Government Actuary within 28 days after the date of its receipt by the trustees.


Unit Trusts Amendment Act 2001

1: Title
1: This Act is the Unit Trusts Amendment Act 2001.
2: In this Act, the Unit Trusts Act 1960 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Accounts, etc, to be filed
Section 20
a: by omitting from subsection (2) of each unit trust, not being , in relation to each unit trust, that is not
b: by omitting from subsection (2A) of each unit trust , in relation to each unit trust


1: Title
1: This Act may be cited as the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to implement the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Bribery of public officials
4: Bribery of judicial officer, etc
Section 101(2) 5 years 7 years
5: Corruption and bribery of member of Parliament
Section 103(2) 3 years 7 years
6: Corruption and bribery of law enforcement officer
Section 104(2) 3 years 7 years
7: Corruption and bribery of official
Section 105(2) 3 years 7 years
8: New
sections 105C to 105E The principal Act is amended by inserting, after section 105B
105C: Bribery of foreign public official
1: In this section and in sections 105D and 105E benefit foreign country
a: a territory for whose international relations the government of a foreign country is responsible; and
b: an organised foreign area or entity including an autonomous territory or a separate customs territory foreign government foreign public agency foreign public enterprise
a: a company, wherever incorporated, that—
i: a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
ii: enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)(i)
b: a person or body (other than a company), wherever situated, that—
i: a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
ii: enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)(i) apply foreign public official
a: a member or officer of the executive, judiciary, or legislature of a foreign country:
b: a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation:
c: a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organisation public international organisation
a: an organisation of which 2 or more countries or 2 or more governments are members, or represented on the organisation:
b: an organisation constituted by an organisation to which paragraph (a) applies or by persons representing 2 or more such organisations:
c: an organisation constituted by persons representing 2 or more countries or 2 or more governments:
d: an organisation that is part of an organisation referred to in any of paragraphs (a) to (c) routine government action
a: any decision about—
i: whether to award new business; or
ii: whether to continue existing business with any particular person or body; or
iii: the terms of new business or existing business; or
b: any action that is outside the scope of the ordinary duties of that official.
2: Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official's authority) in order to—
a: obtain or retain business; or
b: obtain any improper advantage in the conduct of business.
3: This section does not apply if—
a: the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and
b: the value of the benefit is small.
4: This section is subject to section 105E
105D: Bribery outside New Zealand of foreign public official
1: Every one commits an offence who, being a person described in subsection (2) section 105C
2: Subsection (1)
a: a New Zealand citizen; or
b: ordinarily resident in New Zealand; or
c: a body corporate incorporated in New Zealand; or
d: a corporation sole incorporated in New Zealand.
3: Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C
4: This section is subject to section 105E
105E: Exception for acts lawful in country of foreign public official
1: Sections 105C and 105D
a: was done outside New Zealand; and
b: was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organisation, or other body for whom the foreign public official is employed or otherwise provides services, is situated.
2: If a person is charged with an offence under section 105C or section 105D subsection (1)(b)
9: Restrictions on prosecution
Section 106(1) and 105B of this Act 105B, 105C, and 105D Extradition of offenders
10: Crimes against
sections 105C 105D
1: For the purposes of the Extradition Act 1999 section 15 104 sections 105C 105D
2: If subsection (1) Extradition Act 1999
3: This section does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
4: A certificate given under the hand of the Minister of Foreign Affairs and Trade that any foreign country is a party to the Bribery Convention is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section,— Bribery Convention foreign country Amendments to
Mutual Assistance in Criminal Matters Act 1992
11: Amendments to Mutual Assistance in Criminal Matters Act 1992
Section 11 repealed 18 June 2002 14(2)(a) Mutual Assistance in Criminal Matters Amendment Act 2002 Amendment to
Extradition Act 1999
12: Amendment to
Extradition Act 1999 The Extradition Act 1999 Schedule 2


Securities Amendment Act (No 2) 2001

1: Title
1: This Act is the Securities Amendment Act (No 2) 2001.
2: In this Act, the Securities Act 1978 the principal Act
2: Commencement
This Act comes into force on 1 June 2001.
3: Interpretation
Section 2(1) Takeovers Panel Part I of the Takeovers Act 1993 .
4: Functions of Commission
Section 10 ; and paragraph (d)
e: by agreement with the Takeovers Panel, to provide administrative and support services to the Panel.
5: New
section 17A The principal Act is amended by inserting, after section 17
17A: Sharing of information with Takeovers Panel
1: The Commission may communicate to the Takeovers Panel any information that the Commission—
a: holds in relation to the exercise of the Commission's powers or the performance of its functions and duties; and
b: considers may assist the Takeovers Panel in the exercise of the Panel's powers or the performance of its functions and duties.
2: The Commission may use any information communicated to it by the Takeovers Panel under section 15A of the Takeovers Act 1993
3: This section applies despite anything to the contrary in any enactment, contract, deed, or document.
6: Proceedings privileged
Section 28(2) member of the Commission , or any officer or employee of the Commission,


Takeovers Amendment Act 2001

1: Title
1: This Act is the Takeovers Amendment Act 2001.
2: In this Act, the Takeovers Act 1993 the principal Act
2: Commencement
1: This Act (except section 12
2: Section 12
3: Short Title and commencement
Section 1 subsection (3)
3: Section 17 and Part III
4: Interpretation
Section 2(1) Registrar Companies Act 1993 Securities Commission section 9 of the Securities Act 1978
5: New
sections 7A to 7C
1: The principal Act is amended by inserting, after section 7
7A: Chairperson may direct Panel to sit in divisions
1: Subject to subsection (2)
2: The Chairperson must not direct a separate division of the Panel to exercise—
a: any power in connection with the performance of its functions under paragraph (a) or paragraph (b) of section 8(1)
b: the power of the Panel to grant an exemption under section 45(1)(b)
3: The Chairperson may revoke or amend a direction given under subsection (1)
4: Every direction, amendment, or revocation, of a direction must be in writing signed by the Chairperson.
7B: Membership and Chairperson of division
1: Each division must consist of members assigned to it by the Chairperson.
2: If the members appointed to a division do not include either the Chairperson or the Deputy Chairperson, the Chairperson must nominate 1 of those members as Chairperson of that division.
3: If the Chairperson of a division is absent from a meeting of the division, the members present must appoint 1 of themselves as Chairperson of the division for the purposes of that meeting.
7C: Powers of division
1: For the purposes of determining any matter or class of matter specified in a direction under section 7A
a: the Panel is deemed to consist of the division of the Panel specified in the direction; and
b: the powers of any such division are not affected by any changes or vacancies in its membership.
2: A division of the Panel may exercise powers of the Panel under this Act even though another division of the Panel is exercising powers of the Panel at the same time.
2: Section 10 subsection (3)
3: Every meeting of the Panel or of a division of the Panel held for the purposes of section 13 or section 32
a: the Chairperson of either the Panel or the division of the Panel (as the case may be) if the person is a barrister or solicitor of at least 7 years' practice; or
b: a member of the Panel or the division of the Panel (as the case may be) who is a barrister or solicitor of at least 7 years' practice if paragraph (a)
6: Delegation of certain powers by Panel
Section 14(2) of this Act or section 45(1)
7: New
section 15A The principal Act is amended by inserting, after section 15
15A: Sharing of information with Securities Commission
1: The Takeovers Panel may communicate to the Securities Commission any information that the Takeovers Panel—
a: holds in relation to the exercise of the Panel's powers or the performance of its functions and duties; and
b: considers may assist the Securities Commission in the exercise of the Commission's powers or the performance of its functions and duties.
2: The Takeovers Panel may use any information communicated to it by the Securities Commission under section 17A of the Securities Act 1978
3: This section applies despite anything to the contrary in any enactment, contract, deed, or document.
8: New
section 17A The principal Act is amended by inserting, after section 17
17A: Panel deemed to be public authority
1: The Panel is deemed to be a public authority for the purposes of the Inland Revenue Acts.
2: In this section, Inland Revenue Acts section 3(1) of the Tax Administration Act 1994
9: New
Part 2A The principal Act is amended by inserting, after section 31
2A: Registrar's powers of inspection
Inspection
31A: Power of Registrar to inspect documents
1: The Registrar, or any person authorised by the Registrar, may, for the purposes of Part III
a: require any person to produce for inspection any document kept by that person:
b: inspect and make records of a document referred to in paragraph (a)
c: for the purpose of making records of any such document, take possession of the document and remove it from the premises where it is kept, for such period of time as is reasonable in the circumstances.
2: The Registrar must not authorise a person to carry out an inspection under subsection (1)
3: A person authorised by the Registrar to carry out an inspection under subsection (1) 1978 No 103 s 67(1)
31B: Panel to request or approve inspection
1: The Registrar, or any person authorised by the Registrar, must not do any of the things listed in section 31A(1)(a) to (c)
2: A request or approval of the Panel under subsection (1)
a: must be made for the purposes of Part III
b: may relate to a particular case or limited class or classes of cases specified by the Panel.
3: In determining whether to make a request or approval under subsection (1)
4: The fact that the Registrar, or any person authorised by the Registrar for the purposes of section 31A subsection (1) 1978 No 103 s 67(2), (4)
31C: Disclosure of information from inspection
1: On the direction of the Registrar, a person who has made an inspection under section 31A
a: any person specified by the Registrar for the purposes of—
i: Part III
ii: exercising powers conferred by this Act:
iii: detecting and prosecuting offences against any other Act; but those records and information are not admissible in any criminal proceedings against the person from whom the records or information were acquired or any person to whom they relate:
b: a liquidator for the purposes of the liquidation of a company:
c: the Official Assignee for the purposes of a bankruptcy.
2: The Minister or the Panel may, by written notice, require the Registrar to give a direction under subsection (1)
3: This section is subject to section 13 1978 No 103 s 67(5), (6)
31D: Powers not limited
Sections 31A, 31B, and 31C Companies Act 1993 1978 No 103 s 67(7)
31E: Non-disclosure of information from inspection
A person must not communicate to any other person any information acquired in the course of an inspection under section 31A
a: in accordance with section 31C
b: for the purposes of this Act; or
c: in accordance with the Official Information Act 1982 Privacy Act 1993
d: in the course of any criminal proceedings. 1978 No 103 s 67A(1) Offences
31F: Offences
1: Every person commits an offence who—
a: refuses or fails to produce any document for inspection when required to do so under section 31A
b: resists, obstructs, deceives, or attempts to deceive the Registrar, or any person authorised by the Registrar, in carrying out an inspection under section 31A
c: is not authorised by the Registrar to make an inspection under section 31A
d: contravenes section 31E
2: Every person who commits an offence against subsection (1) 1978 No 103 ss 60(1)(a)-(c), 67A(2) Appeals
31G: Rights of appeal
A person who is aggrieved by an act or decision of the Registrar, or of any person authorised by the Registrar, under any of sections 31A to 31C 1978 No 103 ss 68(1), 69A(1)
31H: Time for appeal
An appeal under section 31G
a: within 21 days of the date on which the person was notified of the act, decision, or refusal; or
b: within any longer time allowed by the Court. 1978 No 103 ss 68(1), 69A(1)
31I: Situation while appeal pending
While any appeal made under section 31G
a: the Registrar, or any person authorised by the Registrar, may continue to exercise his or her powers under any of sections 31A to 31C
b: No person is excused from fulfilling his or her obligations under any of those sections by reason of the appeal; and
c: information that is obtained as a result of an inspection to which the appeal relates is not admissible as evidence in any criminal proceedings against the person to whom the information relates. 1978 No 103 s 68(3)
31J: Determination of appeal
The Court must determine the appeal by either dismissing the appeal or giving such directions or making such determination in the matter as it thinks fit. 1978 No 103 ss 68(2), 69A(2)
31K: Requirements where appeal allowed
To the extent that an appeal in respect of an act or decision of the Registrar, or any person authorised by the Registrar, under any of sections 31A to 31C
a: the Registrar must ensure that, as soon as practicable after the decision on the appeal is given, all records made by the Registrar, or by a person authorised by the Registrar, under section 31A(1)(c)
b: No information acquired under paragraph (a) or paragraph (b) of section 31A(1) 1978 No 103 s 68(3)
10: Panel may grant exemptions
1: Section 45 subsection (1)
1: The Panel may, in its discretion and on such terms and conditions (if any) as it thinks fit,—
a: exempt any person from compliance with any provision of the Takeovers Code; and
b: exempt, from compliance with any provision of the Takeovers Code,—
i: any class of persons:
ii: any class of transactions:
iii: any class of offers.
2: Section 45(2) An exemption under subsection (1)(a)
3: Section 45 subsection (2)
2A: An exemption under subsection (1)(b)
4: Section 45 subsection (4)
4A: The Panel's reasons for granting an exemption under subsection (1)
a: why it is appropriate that the exemption is granted; and
b: how the exemption is consistent with the objectives of the Takeovers Code.
11: Regulations
1: Section 46(a)
2: Section 46 paragraph (c)
c: prescribing the fees and charges payable, or the rate at which fees and charges are to be calculated, for the purposes of this Act:
ca: without limiting paragraph (c)
i: in connection with the exercise by the Panel of any power or function conferred on it by this Act:
ii: on an application to the Panel to exercise any power or function conferred on it by this Act:
cb: authorising the Panel to require payment of any costs incurred by the Panel: .
12: New
sections 47 to 49
1: The principal Act is amended by repealing Part 4
47: Amendment to
Official Information Act 1982 The Official Information Act 1982 First Schedule Takeovers Panel
48: Amendment to
Public Finance Act 1989 The Public Finance Act 1989 Fourth and Sixth Schedules Takeovers Panel
49: Repeal of
Companies Amendment Act 1963
1: The Companies Amendment Act 1963
2: Despite subsection (1) Part I of the Companies Amendment Act 1963 section 4 of the Companies Amendment Act 1963
2: Section 3(2)(c) Securities Act 1978
13: Schedule amended
1: Clause 4 subclause (2)
2: Meetings of the Panel must be held at such places, dates, and times, and by such methods, as the Chairperson determines.
2A: A meeting of the Panel may be held either—
a: by a quorum of members being assembled together at the place, date, and time appointed for the meeting; or
b: by means of audio, or audio and visual, communication by which a quorum of members can simultaneously hear each other throughout the meeting.
2: Clause 6(3) Panel, or, of a division of the Panel, as the case may be,


Habeas Corpus Act 2001

1: Title
This Act is the Habeas Corpus Act 2001.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
In this Act, unless the context otherwise requires,— applicant application detention habeas corpus ad subjiciendum Judge Registrar working day High Court Rules 2016 Section 3 High Court Rules repealed 18 October 2016 section 183(c) Senior Courts Act 2016 Section 3 working day amended 18 October 2016 section 183(c) Senior Courts Act 2016
4: Application of Act to the Crown and Parliament
1: This Act binds the Crown.
2: Nothing in this Act limits or affects the power or authority of the House of Representatives to punish for contempt.
5: Purposes
The purposes of this Act are—
a: to reaffirm the historic and constitutional purpose of the writ of habeas corpus as a vital means of safeguarding individual liberty:
b: to make better provision for restoring the liberty of persons unlawfully detained by establishing an effective procedure for applications to the High Court for the issue of a writ of habeas corpus, and the expeditious determination of those applications:
c: to provide certain unsuccessful parties in habeas corpus proceedings with a right of appeal to the Court of Appeal:
d: to abolish writs of habeas corpus other than the writ of habeas corpus ad subjiciendum Application for writ of habeas corpus
6: Application for writ of habeas corpus to challenge legality of detention
An application to challenge the legality of a person's detention may be made by an application for a writ of habeas corpus.
7: Manner of application for writ
1: An application for a writ of habeas corpus must be made to the High Court by originating application in the manner provided by the High Court Rules 2016
2: Despite subsection (1), nothing in that subsection excludes the inherent jurisdiction of the High Court to hear and to make an order on an oral application at any time in circumstances of unusual urgency.
3: Despite subsection (1), the provisions of any High Court Rule providing for directions by the court before the hearing, or affecting the hearing, of an originating application or empowering the court to convene a conference of the parties to an originating application do not apply to an application.
4: No applicant may be disqualified for lack of capacity or standing.
5: In a proceeding for a writ of habeas corpus—
a: no party to the proceeding is entitled to general or special discovery of the documents of any other party to the proceeding or to an order for security for costs; and
b: the High Court Rules concerning discovery and inspection of documents and security for costs do not apply.
6: No fee is payable to the High Court for filing any document in respect of an application.
7: Section 153 Section 7(1) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 7(7) amended 1 March 2017 section 183(b) Senior Courts Act 2016
8: Description of defendant by reference only to office
A defendant may be described in an application by reference only to the defendant's office if the defendant is—
a: the chief executive of the department for the time being responsible for the administration of the Corrections Act 2004
b: the Commissioner of Police, if the detained person is alleged to be illegally detained in Police custody except following the exercise of powers under the Immigration Act 2009
c: the chief executive of the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009
d: the chief executive of the New Zealand Customs Service
e: any other office holder prescribed by rules made in accordance with section 20 Section 8(a) replaced 30 March 2013 section 4 Habeas Corpus Amendment Act 2013 Section 8(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 8(c) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 8(d) amended 26 May 2001 section 294(3) Customs and Excise Act 1996
9: Urgency
1: An application for a writ of habeas corpus must be given precedence over all other matters before the High Court unless a Judge of that court considers that the circumstances require otherwise
2: Judges and employees of the Ministry of Justice
3: The Registrar must allocate a date for the inter partes Section 9(1) amended 30 March 2013 section 5 Habeas Corpus Amendment Act 2013 Section 9(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
10: Urgency where no resident Judge available
1: If an application is filed at a Registry of the High Court in a place where no Judge is at that time available, the Registrar must ensure that the application is dealt with in some other place within the time limit referred to in section 9(3) Ministry of Justice
2: If subsection (1) applies, the Registrar must—
a: make such urgent enquiries as are necessary to determine where and by whom the application can most conveniently and expeditiously be dealt with; and
b: forward the application and any other relevant documents without delay to the Registrar at the place where the application is to be dealt with; and
c: without delay, inform every party to the proceeding of the action taken under this section.
3: This section applies in substitution for any provision of the High Court Rules 2016 Section 10(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 10(3) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Determination of applications
11: Interim orders for release from detention
1: The High Court may make an interim order for the release from detention of the detained person pending final determination of the application, and may attach any conditions to the order that the court thinks appropriate to the circumstances.
2: In the case of a detained person who is charged with an offence to which the Bail Act 2000
3: If a person has been released from detention under an interim order, the court may, on the application of the person released or any party to the proceeding or on the court's own initiative, make an order—
a: revoking the interim order; or
b: varying or revoking any condition of the interim order or substituting or imposing any other condition.
4: If a detained person who is in custody under a conviction is released under an interim order, the time during which the person is released does not count as part of any term of detention under the person's sentence if on a final determination of the application the writ of habeas corpus is refused.
12: Power of arrest of absconder etc
1: A constable section 11 constable
a: the person released has absconded, or is about to abscond, for the purpose of evading any appearance or further appearance in court in connection with the application or the person's original detention; or
b: the person has failed to comply with any condition attached to the interim order.
2: A person who is arrested under this section must be brought before the High Court as soon as possible.
3: The court may revoke the interim order if it is satisfied that the person had absconded or was about to abscond or had failed to comply with a condition attached to the interim order or an undertaking to the court in reliance on which the interim order was made.
4: A constable constable
5: If the constable constable constable Section 12(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 12(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 12(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
13: Powers if person detained is young person
1: In dealing with an application in relation to a detained person who is under the age of 18 the Family Court Care of Children Act 2004
2: If the substantive issue in an application is the welfare of a person under the age of 16 years, the High Court may, on its own initiative or at the request of a party to the proceeding, transfer the application to the Family Court
3: An application referred under subsection (2) must be dealt with by the Family Court in all respects as if it were an application to that court under the Care of Children Act 2004 Section 13(1) amended 1 March 2017 section 261 District Court Act 2016 Section 13(1) amended 1 July 2005 section 151 Care of Children Act 2004 Section 13(2) amended 1 March 2017 section 261 District Court Act 2016 Section 13(3) amended 1 July 2005 section 151 Care of Children Act 2004
14: Determination of applications
1: If the defendant fails to establish that the detention of the detained person is lawful, the High Court must grant as a matter of right a writ of habeas corpus ordering the release of the detained person from detention.
1A: Despite subsection (1), the High Court may refuse an application for the issue of the writ, without requiring the defendant to establish that the detention of the detained person is lawful, if the court is satisfied that—
a: section 15(1)
b: an application for the issue of a writ of habeas corpus is not the appropriate procedure for considering the allegations made by the applicant.
2: A Judge dealing with an application must enquire into the matters of fact and law claimed to justify the detention and is not confined in that enquiry to the correction of jurisdictional errors; but this subsection does not entitle a Judge to call into question—
a: a conviction of an offence by a court of competent jurisdiction, the Court Martial of New Zealand established under section 8 Part 5
b: a ruling as to bail by a court of competent jurisdiction.
3: Subject to section 13(2)
a: refusing the application for the issue of the writ; or
b: issuing the writ ordering the release from detention of the detained person.
4: All matters relating to the costs of and incidental to an application are in the discretion of the court and the court may refuse costs to a successful party or order a successful party to pay costs to an unsuccessful party.
5: A writ of habeas corpus may be in the form set out in the Schedule Section 14(1A) inserted 30 March 2013 section 6(1) Habeas Corpus Amendment Act 2013 Section 14(2)(a) substituted 1 July 2009 section 87 Court Martial Act 2007 Section 14(3) amended 30 March 2013 section 6(2) Habeas Corpus Amendment Act 2013
14A: Application for writ is civil proceeding under Courts (Remote Participation) Act 2010
To avoid doubt, an application for a writ of habeas corpus is a civil proceeding for the purposes of the Courts (Remote Participation) Act 2010 Section 14A inserted 30 March 2013 section 7 Habeas Corpus Amendment Act 2013
15: Finality of determinations
1: Subject to the rights of appeal conferred by section 16 sections 68 to 71
2: A person who has been released from detention in accordance with a writ of habeas corpus must not be re-arrested or detained again on substantially the same grounds as those considered by the court when the earlier release was ordered.
3: Subsection (2) has no application if the ground on which the earlier release was ordered was a jurisdictional or procedural defect that has since been corrected or no longer applies. Section 15(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 15(1) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Appeals by certain unsuccessful parties
16: Certain unsuccessful parties may appeal
1: The provisions of the Senior Courts Act 2016
a: apply with respect to a determination refusing an application for the issue of a writ of habeas corpus; but
b: do not apply to a final determination that orders the release from detention of a detained person unless the substantive issue is the welfare of a person under the age of 16 years.
1A: With the leave of the Supreme Court, a party to the proceeding in which the determination was made may appeal to the Supreme Court—
a: against a determination refusing an application for the issue of a writ of habeas corpus:
b: if the substantive issue is the welfare of a person under the age of 16 years, against a final determination that orders the release from detention of a detained person.
2: The court cannot order that security for costs be given by the appellant in an appeal against the refusal of an application where the respondent in the appeal is the Crown or a public officer or other person purporting to act on behalf of the Crown.
3: No fee is payable to the Court of Appeal or the Supreme Court Section 16(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 16(1A) inserted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 16(3) amended 1 January 2004 section 48(1) Supreme Court Act 2003
17: Urgency in hearing appeals
1: An appeal under this Act must be given precedence over all other matters before the Court of Appeal unless that court or a Judge of that court considers that the circumstances require otherwise
1A: The following must be given precedence over all other matters before the Supreme Court unless that court or a Judge of that court considers that the circumstances require otherwise
a: an application for leave to appeal against a decision of the Court of Appeal on an appeal under this Act:
b: an application for leave to appeal under paragraph (a) or paragraph (b) of section 16(1A)
c: an appeal against a decision of the Court of Appeal on an appeal under this Act:
d: an appeal under paragraph (a) or paragraph (b) of section 16(1A)
2: Judges of the Court of Appeal or the Supreme Court, and employees of the Ministry of Justice, must use their best endeavours to ensure that every appeal under this Act or paragraph (a) or paragraph (b) of section 16(1A) Section 17(1) amended 30 March 2013 section 8(1) Habeas Corpus Amendment Act 2013 Section 17(1A) inserted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 17(1A) amended 30 March 2013 section 8(2) Habeas Corpus Amendment Act 2013 Section 17(2) substituted 1 January 2004 section 48(1) Supreme Court Act 2003 Miscellaneous provisions
18: Abolition of certain writs
It is declared for the avoidance of doubt that all writs of habeas corpus other than the writ of habeas corpus ad subjiciendum
19: Application of Contempt of Court Act 2019
1: Subpart 2 sections 25 26(1) and (2)
2: Subpart 4 sections 25 26(1) and (2)
a: having been released under an interim order made under section 11, fails to comply with a condition attached to the order; or
b: wilfully fails to comply with a writ of habeas corpus ordering the release from detention of a person.
3: Subpart 4 sections 25 26(1) and (2) Section 19 replaced 26 August 2020 section 29 Contempt of Court Act 2019
20: Rules
1: Rules not inconsistent with this Act may be made under section 148 and the Supreme Court
2: Without limiting subsection (1), rules may be made under section 148 Schedule Section 20(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 20(1) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 20(2) replaced 30 March 2013 section 9 Habeas Corpus Amendment Act 2013 Section 20(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016
21: Supplementary procedure
If a matter arises in relation to an application for which this Act does not provide, the High Court must dispose of it as nearly as is practicable in a manner consistent with this Act, and to the extent that they are not inconsistent with this Act, in accordance with the High Court Rules 2016 Section 21 amended 18 October 2016 section 183(c) Senior Courts Act 2016
22: Repeals and amendments
(1), (2): Amendment(s) incorporated in the Act(s).
3: Sections 17 to 19 21


1: Title
1: This Act is the Fisheries (Remedial Issues) Amendment Act 2001.
2: In this Act, the Fisheries Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
1: Sections 1 2 3 8 21 25 26 31 34
2: Sections 15 29
3: Sections 4 to 7 9 to 14 16 to 20 22 23 24 27 28 30 32 33
3: Interpretation
1: Section 2(1) tender either separately or
2: Section 2(1) transaction
b: in relation to any quota, a mortgage, variation of mortgage, discharge of mortgage, or assignment of mortgage over the quota:. .
2: Amendments relating to quota management system
4: Effect of reduction of total allowable commercial catch
Section 22(1) unencumbered owned by the Crown
5: Effect of increase in total allowable commercial catch
1: Section 23(3)(a) hold shares for that stock, which shares have been continuously held be registered on the Quota Register as the owner of shares for that stock, and those shares have been continuously owned
2: Section 23 subsection (4)
4: The amount of an eligible person's preferential allocation right must be reduced in accordance with the following formula: a – x c = d b where—
a: is the eligible person's current preferential allocation right for the stock (in kilogrammes)
b: is the total of all preferential allocation rights for the stock (in kilogrammes)
c: is the lesser of—
a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):
b: the total of all preferential allocation rights for the stock (in kilogrammes)
d: is the amount of the reduction in the eligible person's preferential allocation right (in kilogrammes).
4A: An eligible person's preferential allocation right expires if the amount of that right equals zero.
4B: An eligible person is not entitled to receive, in the aggregate under subsection (2) section 337
6: Alteration of quota management areas with agreement of quota owners
1: Section 25A(1) paragraph (e)
e: the quota owners have also notified their intention to seek an alteration to—
i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.
2: Section 25A(2) paragraph (d)
d: the interests of aggrieved—
i: quota owners who hold quota shares to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates: .
7: Alteration of quota management areas without agreement of quota owners
Section 25B paragraph (d)
d: has also notified his or her intention to recommend the alteration of the quota management area or areas to—
i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.
8: Effect of decision to alter provisional catch history
1: Section 52(3)(d)(ii) held and continue to hold owned and continue to be registered on the Quota Register as the owner of
2: Section 52(3)(d)(iii) held and continue to hold owned and continue to be registered on the Quota Register as the owner of
3: Section 52(4)(c)(ii) Continuously held and continue to hold continuously owned and continue to be registered on the Quota Register as the owner of
4: Section 52
7: For the purposes of this section, a person registered as the owner of provisional individual transferable quota by virtue of section 162
9: Minimum holdings of annual catch entitlement
Section 74(5) the requirements of subsection (1) of this section the requirements of subsection (1)
10: Fish carriers must be registered
Section 105(1)(a)(i) operator or notified user
3: Amendments relating to fishing vessel registration and high seas fishing
11: Application of this Part to tenders
Section 108 subsection (2)
2: A tender that complies with subsection (1)
12: Use of foreign vessels on high seas by New Zealand nationals
Section 113E subsection (1)
1: No New Zealand national may use a vessel that is not registered under the Ship Registration Act 1992
a: to take (by any method), on the high seas, any fish, aquatic life, or seaweed for sale, except in accordance with an authorisation issued by a state to which subsection (2)
b: to transport any fish, aquatic life, or seaweed taken on the high seas, unless that fish, aquatic life, or seaweed was taken in accordance with an authorisation issued by a state to which subsection (2)
4: Amendments relating to registration of transactions, documentation, and recordkeeping
13: Matters to be shown in Quota Register
Section s127(1)(k) subparagraph (v)
v: every assignment of the mortgage; and
vi: the time and date of discharge of the mortgage: .
14: Transfers of individual transferable quota
Section 132
4: Provisional individual transferable quota is not transferable except by operation of law.
15: New
section 138A The principal Act is amended by inserting, after section 138
138A: Assignment of mortgages
A mortgagee may assign to another person the mortgagee's rights, interests, and obligations under that mortgage by a memorandum of assignment in the approved form.
16: Discharge of mortgage
Section 146(1) shall endorse on the mortgage must execute
17: Priority according to time of registration
Section 158 subsection (2)
2: Regulations under section 297
18: Registration procedure
Section 159 subsection (2)
2: For the purposes of subsection (1)(c)
19: Procedure on application
Section 162
2: After registration under subsection (1)
3: This section overrides sections 132(1)(b), 133(1)(b), 136(2), and 148(1)
20: Compensation for mistake or wrongdoing of Registrar
1: The heading to section 171 of Registrar in keeping Quota Register
2: Section 171(1)(a) section 48 Fisheries Act 1996 Amendment Act 1999 a register under section 98 124 the Quota Register, in the exercise of functions connected with the keeping of the Quota Register
3: Section 171(1A) paragraphs (a) (b)
a: the Crown, if the register was kept by the chief executive at the relevant time; or
b: the approved service delivery organisation, if the functions, duties, and powers connected with the keeping of the register were performed or exercised by that organisation under section 296B .
21: Persons who are required to keep records and returns
Section 189 paragraph (b)
b: owners, caveators, and mortgagees of quota, and owners and caveators of annual catch entitlements: .
22: Disposal of fish by commercial fishers
Section 191(5)(d) section 18(3) Fisheries Act 1996 Amendment (No 2) Act 1999 before being brought into New Zealand
23: Restrictions on purchase or acquisition of fish by certain persons
Section 192(10)(b) before being brought into New Zealand
24: Certificates and official documents
Section 248(1)(a) contained or not contained
25: General regulations
Section 297(1) paragraph (q)
qa: prescribing, for the purposes of section 158(1) .
26: Application of
Commodity Levies Act 1990 Section 305 paragraph (b)
aa: if it is proposed that the levy will be imposed on the basis of 2 or more of the units of measurement in paragraphs (a)(i) to (iii) paragraph (a)(i) to (iii)
i: the Minister is satisfied that it is reasonable to convert to another unit of measurement; and
ii: the Minister is satisfied that the method of conversion is reasonable; and
iii: the method of conversion is stated in the ballot paper:
b: section 5(2)(af), and (ah) to (ak) of that Act
i: the quota shares:
ii: the value of the commodity:
iii: the greenweight or meatweight of the commodity:
iv: 1 or more units of measurement in paragraphs (i) to (iii) converted into another unit of measurement under paragraph (aa).
5: Amendments to savings and transitional provisions
27: Transitional provisions relating to decisions of Catch History Review Committee
Section 337(2)
d: is the sum of the amounts under item a for all persons to be allocated quota under this section.
28: Transitional provisions relating to allocation of annual catch entitlement
1: Section 340 section 73 Fisheries Act 1996 Amendment Act 1999 subsections (1) (2)
1: On the first day of the fishing year in which section 66 section 66
a: with a fishing year beginning on 1 October; and
b: to which section 28V(1) of the Fisheries Act 1983
2: As soon as practicable after the allocation under subsection (1) subsection (1) a — b = c where—
a: is the annual catch entitlement for the stock remaining unallocated in respect of that quota owner (in kilogrammes)
b: is the amount that was taken in excess of quota under the quota owner's quota under an authority given under section 28V(1) section 28V(2) of the Fisheries Act 1983 Fisheries (Catch Against Quota) Regulations 1993
c: is the amount of annual catch entitlement to be allocated to the quota owner and, if c is a negative number, then c must be read as zero kilogrammes.
2: Section 340(4) or, in the case of Foveaux Strait dredge oysters, to the nearest whole number of oysters
3: Section 340 subsection (7)
7: In respect of the allocation of annual catch entitlement in the first fishing year in which section 66
a: section 67
b: section 67A
29: New
section 340AA The principal Act is amended by inserting, after section 340
340AA: Exceptions to minimum holdings of annual catch entitlement for certain paua stocks
1: Despite section 74 section 340(1) section 347A(1)(a)
a: the amount of annual catch entitlement allocated or transferred; or
b: the minimum holding of annual catch entitlement for that stock specified in the Eighth Schedule
2: Subsection (1) section 66
a: the allocation of annual catch entitlement under section 340(2)
b: the transfer of annual catch entitlement under section 347(1)(b)
c: 15 November following the commencement of section 66
3: During the period specified in subsection (2) section 74(2) to 74(5) subsection (1)
30: Transitional provisions relating to underfishing
Section 340A subsection (1)
1A: The chief executive must increase or decrease the allocation under subsection (1)
a: beginning on the first day of the fishing year in which section 66
b: ending on the day before the commencement of section 66
1B: Subsection (1A)
a: with a fishing year beginning on 1 April; and
b: that have underfishing entitlements under section 28V(6) of the Fisheries Act 1983
31: Confirmation of quota
Section 341 subsection (5)
5A: The chief executive must also refuse to receive for registration (whether before or after the date notified under subsection (5) Part VIII
32: Conversion of holdings from old register to new register
1: Section 343 subsection (1)
1: On 1 October in the calendar year in which Part 8 of this Act
a: convert the individual transferable quota or provisional catch history owned by each person into quota shares in accordance with subsections (2) and (2A)
b: determine entitlements to quota shares on the part of the chief executive and the Commission under subsections (2B) and (2C)
c: record in the relevant Quota Register the number of quota shares owned by each person after applying paragraphs (a) and (b)
2: Section 343 subsection (2)
2A: If a stock has a total allowable commercial catch of zero tonnes, provisional catch history must be converted into shares according to the following formula: a — x 80,000,000 = c b where—
a: is the amount of provisional catch history allocated to the person under Part IV
b: is the total amount of provisional catch history held by all eligible commercial fishers
c: is the number of quota shares to which the quota owner is entitled for the stock concerned.
2B: After the conversion in subsection (2A)
2C: If a stock has a total allowable commercial catch of zero tonnes and no provisional catch history has been allocated under Part IV
3: Section 343 (as substituted by section 74 Fisheries Act 1996 Amendment Act 1999 subsection (3)
3: Despite anything in any other enactment or rule of law,—
a: the registration of quota shares under this section does not constitute an allocation of new quota; and
b: quota shares registered under this section have the same characteristics as quota allocated under section 47 Subsection (3) amended 1 October 2001 32 Fisheries Amendment Act 2001 by inserting, after the words principal Act (as substituted by section 74 of the Fisheries Act 1996 Amendment Act 1999)
33: Transitional register
1: Section 345 subsection (4)
4: A lease recorded in the Transitional Register, or any rights, interests, or obligations in respect of that lease, cannot be assigned.
2: Section 345 subsections (5) (6)
5: A reduction of term under subsection (3)
6: A reduction of term under subsection (3)
3: Section 345 subsection (7)
7A: A transfer or lease registered on the Transitional Register is cancelled if—
a: the total allowable commercial catch for the stock concerned is reduced to zero under section 20
b: the quota for the stock concerned is cancelled because of an alteration of a quota management area under section 25
7B: The chief executive must notify the parties to a transfer or lease registered on the Transitional Register if the lease or transfer is cancelled under this Part.
4: Section 345 subsection (8)
8A: The amount of quota or annual catch entitlement to which a lease or other arrangement relates must be reduced in the same proportion as the reduction in the quota holder's quota bears to the total quota shares of the holder immediately before the reduction.
8B: Subsection (8A)
a: a quota holder's quota is reduced under section 52
b: that person has entered into a lease or other arrangement recorded on the Transitional Register in relation to that quota; and
c: by virtue of that lease or other arrangement, another person is, or may become, entitled to acquire an amount of quota shares outright under section 348 section 347
34: Section 346 Section 346
35: Provisions relating to registration of leases
1: Section 347 subsection (3)
3: The chief executive must cancel registration of the lease and any sublease and not transfer any annual catch entitlement if—
a: the lessor does not own an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register); or
b: a caveat is registered over an amount of the lessor's annual catch entitlement preventing the transfer of an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register).
2: Section 347(4) subsection (2) subsection (1) (2)
3: Section 347 subsections (5) (6)
5: A transfer of annual catch entitlement under this section must be actioned in the order specified in regulations made under section 297(1)(sa)
4: The Fisheries (Remedial Issues) Amendment Act 1998 section 28
36: Provisions relating to allocation of annual catch entitlement under leases in first fishing year
1: The heading to section 347A allocation transfer
2: Section 347A(1) allocated transferred
3: Section 347A subsection (1)
1A: Subsection (1)
a: item a is to be read as if it refers to the further amount of annual catch entitlement that is transferred to the sublessor under subsection (1)(b)
b: item c is to be read as if it refers to the amount of individual transferable quota that is subject to the lease from which the sublease derives directly.
4: Section 347A(2) an allocation a transfer
5: section 347A
3: This section applies only to leases in relation to stocks to which section 340
37: Special provisions relating to stocks with fishing year beginning on 1 April
1: Section 351(1)(a) in accordance with that section of this Act and allocated in the manner provided under section 67
2: Section 351(1)(b) in accordance with that section and allocated under section 67
38: Expiry of
section 354 Section 355(b) the 30th day of September 2002 1 October 2002
39: Transitional offences and penalties
Section 361(1) section 16(6) or section 113A(2)
40: Foveaux Strait dredge oyster fishery subject to quota system
1: Section 368A(6)(a) alter increase
2: Section 368A(6)(b) altered increased
41: Consequential amendment to
Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 6(3) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 paragraph (a)


Commerce Amendment Act 2001

1: Title
1: This Act is the Commerce Amendment Act 2001.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
1: This Act (except sections 6 15
2: Sections 6 15 Sections 6 15 brought into force 1 April 2002 2 Commerce Amendment Act 2001 Commencement Order 2002
1: Amendments to certain existing preliminary provisions
3: Title repealed
The Title of the principal Act is repealed.
4: New
section 1A The principal Act is amended by inserting, after section 1
1A: Purpose
The purpose of this Act is to promote competition in markets for the long-term benefit of consumers within New Zealand.
5: Interpretation
Section 2(1) accounting period section 2(1) of the Financial Reporting Act 1993 Commissioner section 9(3A) Minister turnover .
6: Membership of Commission
1: Section 9 subsection (1)
1: The Commission must consist of not less than 6 and not more than 8 members, of whom at least 3 must be barristers or solicitors of at least 5 years' standing.
2: Section 9 subsection (3)
3A: Two members, both of whom must be barristers or solicitors, must be appointed for the sole purpose of hearing and determining applications for cease and desist orders in accordance with sections 74A to 74C
3B: No member appointed under subsection (3A) Subsection (1) substituted 20 December 2001 158 Telecommunications Act 2001 Sections 6 15 brought into force 1 April 2002 2 Commerce Amendment Act 2001 Commencement Order 2002
2: Amendments relating to certain anti-competitive conduct and authorisations
7: Contracts, arrangements, or understandings containing exclusionary provisions prohibited
1: Section 29(1) For Subject to subsection (1A)
2: Section 29 subsection (1)
1A: A provision of a contract, an arrangement, or an understanding that would, but for this subsection, be an exclusionary provision under subsection (1)
3: Section 29(2) of this section and (c)
8: Repeal of
section 35 Section 35
9: New heading and
sections 36 to 36B
1: The principal Act is amended by repealing the heading before section 36 36 36A Taking advantage of market power
36: Taking advantage of market power
1: Nothing in this section applies to any practice or conduct to which this Part applies that has been authorised under Part V
2: A person that has a substantial degree of power in a market must not take advantage of that power for the purpose of—
a: restricting the entry of a person into that or any other market; or
b: preventing or deterring a person from engaging in competitive conduct in that or any other market; or
c: eliminating a person from that or any other market.
3: For the purposes of this section, a person does not take advantage of a substantial degree of power in a market by reason only that the person seeks to enforce a statutory intellectual property right, within the meaning of section 45(2)
4: For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected.
36A: Taking advantage of market power in trans-Tasman markets
1: Nothing in this section applies to any practice or conduct to which this Part applies that has been authorised under Part V
2: A person must not, for any of the purposes specified in subsection (3)
a: in a market; or
b: in a market in Australia; or
c: in a market in New Zealand and Australia.
3: The purposes are as follows:
a: restricting the entry of a person into a market that is not a market exclusively for services:
b: preventing or deterring a person from engaging in competitive conduct in a market that is not a market exclusively for services:
c: eliminating a person from a market that is not a market exclusively for services.
4: For the purposes of this section, a person does not take advantage of a substantial degree of power in a market by reason only that the person seeks to enforce—
a: a statutory intellectual property right, within the meaning of section 45(2)
b: a statutory intellectual property right in Australia.
5: For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected.
36B: Purposes may be inferred
The existence of any of the purposes specified in section 36 or section 36A
2: Section 2(1A) section sections 36, 36A
3: Section 3(1A) to (1C) (1) (2)
4: Section 3(8)
10: Other exceptions
1: Section 44(1) paragraph (b)
2: Section 44 subsection (1)
1A: Nothing in this Part (except sections 36 and 36A
a: the entering into of a contract or arrangement, or arriving at an understanding, or the giving or requiring the giving of a covenant, if the only parties, or (in the case of a covenant or proposed covenant) the only persons who are or would be respectively bound by, or entitled to the benefit of, the covenant or proposed covenant, are, or would be, interconnected bodies corporate:
b: any act done to give effect to a provision of a contract, arrangement, or understanding, or to a covenant referred to in paragraph (a)
11: New
section 47
1: The principal Act is amended by repealing section 47
47: Certain acquisitions prohibited
1: A person must not acquire assets of a business or shares if the acquisition would have, or would be likely to have, the effect of substantially lessening competition in a market.
2: For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected or associated.
3: For the purposes of this section, a person is associated with another person if that person is able, whether directly or indirectly, to exert a substantial degree of influence over the activities of the other.
4: A person is not able to exert a substantial degree of influence over the activities of another person for the purposes of subsection (3)
a: those persons are in competition in the same market; or
b: 1 of them supplies goods or services to the other. Trade Practices Act 1974 s 50
2: Sections 66(3)(a) (b) 67(3)(a) result in an effect described in paragraph (a) or paragraph (b) of section 47(1) of this Act have, or would be likely to have, the effect of substantially lessening competition in a market
3: Sections 3(9) 48
12: New
Part 4 The principal Act is amended by repealing Part 4
IV: Controlled goods or services
Imposition of control
52: When control may be imposed
Goods or services may be controlled if—
a: the goods or services are, or will be, supplied or acquired in a market in which competition is limited or is likely to be lessened; and
b: it is necessary or desirable for those goods or services to be controlled either—
i: in the interests of persons acquiring the goods or services (whether directly or indirectly), if the goods or services are acquired from a person who faces limited or lessened competition for the supply of those goods or services; or
ii: in the interests of suppliers, if the goods or services are supplied to a person who faces limited or lessened competition for the acquisition of those goods or services.
53: How control can be imposed
1: Goods or services are controlled if an Order in Council declares that they are controlled.
2: The Governor-General may make an order on the recommendation of the Minister.
3: The Minister must not make a recommendation unless the Minister is satisfied that the goods or services may be controlled under section 52
4: The Minister may make a recommendation on his or her own initiative or following a report from the Commission.
54: Minister may seek advice from Commission as to thresholds for imposing controls
1: The Minister may require the Commission to advise him or her on the thresholds that would assist him or her in assessing whether goods or services should be controlled under section 52
2: Thresholds can be expressed in quantitative or qualitative terms.
3: If the Minister requires advice on thresholds under this section,—
a: the requirement must be in writing; and
b: the requirement must specify the date by which the Commission must provide the advice; and
c: the Commission must advise accordingly.
4: The Minister must publish the Commission's advice in a manner that he or she considers appropriate.
55: Effect of control being imposed
1: No person may supply any controlled goods or services unless—
a: an authorisation under section 70 or section 71 section 72
b: the goods or services are supplied in compliance with the authorisation or undertaking.
2: A provision of a contract or a covenant that contravenes subsection (1) Miscellaneous provisions
56: Reports from Commission to Minister about controls
1: The Commission may report to the Minister on whether or not an Order in Council under section 53
2: The Commission may have regard, in considering a report, to all matters it considers necessary or desirable.
3: The Commission may report at any time on its own initiative or following a request from the Minister.
4: If the Minister requests a report,—
a: the request must be in writing; and
b: the request must specify the date by which the Commission must report; and
c: the Commission must report accordingly.
5: The Minister must publish the Commission's report in a manner that he or she considers appropriate.
6: Section 70E
57: Commission process
1: Before giving any advice to the Minister on thresholds under section 54 section 56
a: publish its intention to do so and invite interested persons to give their views on the matter; and
b: give a reasonable opportunity to interested persons to give those views; and
c: have regard to those views.
2: The notice of intention must—
a: be published in the Gazette
b: specify the matter to which the advice or report will relate; and
c: invite interested persons to give their views on that matter to the Commission, and specify the time and manner within which they may do so.
57A: Technical provisions relating to declaration of control
1: An Order in Council made under section 53
a: by a description of the goods or services; or
b: by a description of the kind or class to which the goods or services belong.
2: The order may apply to goods or, with all necessary modifications, to services—
a: supplied in or for delivery within specified regions, areas, or localities in New Zealand:
b: supplied in different quantities, qualities, grades, or classes:
c: supplied by or to or for the use of different persons or classes of persons.
3: This section applies so that any part or element of goods or services can be dealt with separately.
4: The order must specify the date on which it expires.
5: If an order is made in the interests of suppliers, references in this Act to supply supplier
6: The order is a regulation within the meaning of the Regulations (Disallowance) Act 1989
57B: Records to be kept for control purposes
1: Every supplier of controlled goods or services must retain the accounts and costing records in relation to the controlled goods or services that the Commission may from time to time specify, either in relation to suppliers of those goods or services generally, or in relation to a particular supplier of the goods or services.
2: The supplier must retain those accounts and records for a period of 7 years from the date on which the goods or services to which they relate cease to be controlled goods or services.
57C: Other Acts relating to price control not affected
Nothing in this Part and Part V
13: New
sections 59 to 59B The principal Act is amended by repealing section 59
59: Contracts or covenants subject to authorisation not prohibited under certain conditions
1: Despite anything in this Act, but subject to section 59B
a: a contract to which section 27 or section 29 subsection (2)
b: a covenant to which section 28 subsection (2)
2: For the purposes of subsection (1)
a: in the case of a contract to which section 27 or section 29
b: in the case of a covenant to which section 28
59A: When Commission may grant authorisation
1: The Commission may grant an authorisation to a person—
a: to enter into a contract or arrangement, or to arrive at an understanding, even though the contract or arrangement has been entered into, or the understanding has been arrived at, before the Commission makes a determination in respect of the application for that authorisation; or
b: to give effect to a provision of a contract or arrangement entered into, or an understanding arrived at, even though the applicant has already given, or is already giving, effect to the provision before the Commission makes a determination in respect of the application for that authorisation; or
c: to require the giving of, or to give, a covenant even though the covenant has been given before the Commission makes a determination in respect of the application for that authorisation; or
d: to do an act or engage in conduct referred to in section 37 or section 38
2: Subject to subsection (3)
a: giving effect to the provision of the contract, arrangement, or understanding:
b: engaging in conduct referred to in section 37 or section 38
3: The parties to the contract, arrangement, or understanding may do any of the things set out in subsection (2)
59B: Contraventions not prevented by granting of authorisation under
section 59 or section 59A Nothing in section 59 or section 59A
14: New heading and
sections 70 to 74 The principal Act is amended by repealing the heading before section 70 70 to 74 Authorisations in respect of controlled goods or services
70: Authorisations in respect of prices, revenues, and quality standards
1: The Commission may make an authorisation in respect of all or any component of the prices, revenues, or quality standards that apply in respect of the supply of controlled goods or services, using whatever approach it considers appropriate.
2: The approach may include the use of formulas or other methods from which prices or revenues, or any part of a price or revenue, may be determined.
3: Different authorisations in respect of prices, revenues, or quality standards for controlled goods or services may be made to meet different circumstances relating to the supply of those goods or services.
4: Section 57A(1) to (3)
70A: Considerations to be observed by Commission
In exercising its powers under section 70
a: the extent to which competition is limited or is likely to be lessened in respect of the controlled goods or services:
b: the necessity or desirability of safeguarding the interests of persons who acquire (whether directly or indirectly) or supply the controlled goods or services:
c: the promotion of efficiency in the production and supply or acquisition of the controlled goods or services.
70B: Procedure for making authorisations
1: An authorisation under section 70
a: on application by a supplier of controlled goods or services; or
b: by the Commission on its own initiative.
2: Section 60 subsections (3) and (6) section 58
3: The Commission must have regard to any submissions made to it by the supplier or any acquirer of the goods or services.
4: The Commission must give a copy of the authorisation to the supplier of the goods or services.
5: The authorisation must include the Commission's reasons for making the authorisation.
6: The Commission must publicise the fact that it has given an authorisation, and details of where the authorisation may be found, in the Gazette
70C: Remedies and penalties if overcharging or quality standards breached
1: The Commission may impose, as part of an authorisation, provisions providing for remedies and penalties that apply if—
a: the prices determined by the Commission in an authorisation are lower than any price charged to any person under a provisional authorisation:
b: higher prices are charged, or higher revenues are derived, than those allowed for in an authorisation:
c: quality standards are breached.
2: The remedies and penalties may include—
a: the payment of refunds, specified amounts, and compensation to persons acquiring or supplying the goods or services; or
b: the making of deductions from the prices charged in the future to persons acquiring the goods or services.
3: The remedies and penalties set by the Commission must be reasonable, taking into account the matters in section 70A
4: The Commission may require the supplier to ensure that, to the extent practicable, the persons who have been affected by the higher prices or revenues or breach of quality standards receive the benefit of the remedies and penalties.
5: Subsection (4)
6: The Commission has the necessary powers to monitor and enforce a requirement under this section.
7: Section 86 section 55
70D: Terms of authorisations
1: An authorisation granted by the Commission under section 70
2: For the purpose of informing acquirers and prospective acquirers of the effect of an authorisation, the Commission may require the supplier of those goods or services to communicate to acquirers the terms of an authorisation, in a manner and in the circumstances that the Commission thinks fit.
3: Section 70C
70E: Investigations and audits
1: The purpose of this section is to enable the Commission to gather information on which to make, administer, amend, or revoke authorisations in respect of controlled goods or services.
2: The Commission may—
a: consult with any persons the Commission considers may assist it:
b: conduct any investigations or audits—
i: of how effectively and efficiently a supplier of controlled goods or services is supplying those goods or services:
ii: of how any formula being considered by the Commission may be applied, or how any formula authorised by the Commission has been applied, in determining prices, revenues, or quality standards:
iii: of how any conditions related to the quality of any controlled goods or services may be, or are being, fulfilled:
c: as part of an investigation or audit, examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that occurred during the 7 years before the investigation or audit:
d: by notice in writing, require the supplier of the goods or services—
i: to prepare and produce forecasts, forward plans, or other information:
ii: to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
e: by notice in writing, require the supplier of the goods or services, or any previous supplier of the goods or services whom the Commission has reason to believe may have information or documents relevant to an investigation or audit, at the time and place specified in the notice,—
i: to produce or supply to the Commission documents and information in relation to those goods or services, or the prices, revenues, or operations of that person in respect of those goods or services:
ii: to answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation or audit:
f: by notice in writing, require the supplier of the goods or services, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraphs (b), (c), or (e)(i)
3: A person is not excused from answering a question or giving any information or document under this section on the ground that to do so may incriminate or tend to incriminate that person.
4: Despite section 79 section 103
5: The powers of the Commission under this section—
a: do not limit its other powers under this Act; and
b: do not, in their specificity, limit the generality of the other powers under this Act.
70F: Revocation and amendment of authorisations
1: An authorisation made under section 70 Gazette
2: The Commission must, as soon as practicable, send a copy of a notice of revocation or amendment of an authorisation to the supplier of the goods or services.
71: Provisional authorisations
1: The Commission may authorise the supply of controlled goods or services to any person on terms determined by the Commission and specified in the notice, on the condition that the terms are only a provisional authorisation, pending the making of a final determination under section 70
2: The provisions of this Act (except section 70A section 70
72: Alternative undertakings
1: The Commission may, instead of making an authorisation in respect of controlled goods or services, obtain or accept a written undertaking from the supplier of those goods or services in relation to those goods or services.
2: Subsection (1)
3: Sections 70A, 70E, and 70F section 70C section 70
73: Conferences in relation to authorisations about controlled goods or services
1: The Commission may determine to hold a conference before making an authorisation, or obtaining or accepting an undertaking, in respect of any controlled goods or services, and—
a: must appoint a date, time, and place for the holding of the conference; and
b: must give notice of the date, time, and place, and of the matters to be considered at the conference, to the supplier.
2: Section 64
a: the reference in that section to a conference called under section 62
b: the reference in section 64(1)(b) section 62(2)
c: the reference in section 64(6)
74: Levies
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring 1 or more suppliers of goods or services that are controlled under Part IV
2: The order must specify the amounts of the levy or the method by which the levy is to be calculated.
3: The Minister must calculate the amount of the levy to be paid so as to ensure that the estimated costs to the Commission of administering Part IV and sections 70 to 74 Part IV
4: Every supplier of controlled goods or services must pay any levy so required.
5: The Minister must consult with the suppliers of controlled goods or services, or representatives of those suppliers, before making a recommendation.
6: The Minister may refund, in whole or in part, payment of any levy paid by any 1 or more suppliers under this section.
7: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Crown.
3: Amendments relating to enforcement and remedies, and miscellaneous provisions
15: New heading and
sections 74A to 74D
1: The principal Act is amended by inserting, immediately before the heading above section 75 Cease and desist orders
74A: Commissioner may make cease and desist orders
1: A Commissioner may make a cease and desist order, by consent or following a hearing held under section 74C
a: a prima facie case has been made out that a person has engaged in any conduct referred to in section 80(1) or section 83(1)
b: it is necessary to act urgently—
i: to prevent a particular person or consumers from suffering serious loss or damage:
ii: in the interests of the public.
2: Subject to subsection (3)(a)
3: A cease and desist order made under subsection (1)
a: may require a person to do something only if the Commissioner is satisfied that restraining the person from engaging in the conduct will not restore competition, or the potential for competition, in a market:
b: must be in writing with the facts and reasons for it clearly set out:
c: is deemed to be a determination of the Commission that is subject to appeal in accordance with sections 91 to 97
74B: Investigation, notice, and opportunity to be heard
A cease and desist order may be made under section 74A
a: an investigation has been conducted into the alleged contravention of this Act and a report has been submitted to the Commission recommending that a cease and desist order be sought; and
b: the Commission agrees with the recommendation in the report and directs an officer of the Commission to make an application for a cease and desist order; and
c: the person against whom an order is sought is served with notice in writing of the following matters:
i: the nature of the alleged contravention:
ii: the terms of the proposed order:
iii: the reasons for the order; and
d: the person against whom an order is sought has an opportunity to—
i: access the relevant information held by the Commission:
ii: make a written submission:
iii: consent to the terms of the proposed order or have the matter determined by a Commissioner following a hearing.
74C: Procedure at cease and desist hearing
At every hearing for a cease and desist order, the Commissioner presiding over the hearing—
a: must provide for as little formality and technicality as the requirements of this Act and a proper consideration of the matter permits:
b: must permit the Commission and the person against whom an order is sought to appear and give evidence, to be represented by counsel, to call witnesses, and to cross-examine witnesses:
c: has the necessary incidental powers in relation to the hearing of evidence, including the power to exclude irrelevant or repetitive evidence and the powers set out in sections 99 and 100
74D: Pecuniary penalties for contravention of cease and desist order
1: If the Court is satisfied on the application of the Commission that a person has acted in contravention of an order made under section 74A
2: The amount of any pecuniary penalty must not exceed $500,000.
3: The standard of proof in proceedings under this section is the standard of proof applying in civil proceedings.
4: In any proceedings under this section, the Commission, upon the order of the Court, may obtain discovery and administer interrogatories.
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.
2: Section 92
f: in the case of an appeal against a determination of a Commissioner under section 74A Sections 6 15 brought into force 1 April 2002 2 Commerce Amendment Act 2001 Commencement Order 2002
16: Jurisdiction of High Court
1: Section 75(1) paragraph (a)
aa: applications for orders under section 74D .
2: Section 75(1)
f: applications for orders under section 80B or section 80C
g: proceedings for offences against section 80E
h: applications for orders under section 82A
17: Pecuniary penalties
1: Section 80(1) appropriate
2: Section 80 subsection (2)
2: The Court must order an individual who has engaged in any conduct referred to in subsection (1)
2A: In determining an appropriate penalty under this section, the Court must have regard to all relevant matters, in particular,—
a: any exemplary damages awarded under section 82A
b: in the case of a body corporate, the nature and extent of any commercial gain.
2B: The amount of any pecuniary penalty must not, in respect of each act or omission, exceed,—
a: in the case of an individual, $500,000; or
b: in the case of a body corporate, the greater of—
i: $10,000,000; or
ii: either—
A: if it can be readily ascertained and if the Court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
B: if the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
3: Section 80 subsection (5)
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.
18: New
sections 80A to 80E The principal Act is amended by inserting, after section 80
80A: Body corporate not to indemnify certain persons in respect of pecuniary penalties
1: A body corporate must not indemnify a director, servant, or agent of the body corporate or an interconnected body corporate in respect of—
a: liability for payment of a pecuniary penalty under section 80 section 30
b: costs incurred by that director, servant, or agent in defending or settling any proceeding relating to that liability.
2: An indemnity given in contravention of subsection (1)
3: In this section,— agent director indemnify indemnity servant
80B: Pecuniary penalties for contravention of
section 80A
1: If the Court is satisfied on the application of the Commission that a body corporate has acted in contravention of section 80A
2: The amount of any pecuniary penalty must not, in respect of each act or omission, exceed 2 times the value of any indemnity given in contravention of section 80A
3: The standard of proof in proceedings under this section is the standard of proof applying in civil proceedings.
4: In any proceedings under this section, the Commission, upon the order of the Court, may obtain discovery and administer interrogatories.
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.
80C: Court may order certain persons to be excluded from management of body corporate
The Court may make an order that a person must not, without the leave of the Court, be a director or promoter of, or in any way, either directly or indirectly, be concerned or take part in the management of, a body corporate for a period not exceeding 5 years as may be specified in the order, if the Court is satisfied on the application of the Commission that—
a: the person has entered into a contract or arrangement, or arrived at an understanding, containing a provision that is deemed by section 30(1)
b: the person has given effect to a provision of a contract, arrangement, or understanding that is deemed by section 30(1)
c: the person has entered into a contract or arrangement, or arrived at an understanding, that contains an exclusionary provision:
d: the person has given effect to an exclusionary provision of a contract, arrangement, or understanding.
80D: Application for order under
section 80C
1: The Commission must give not less than 10 days' notice of its intention to apply for an order under section 80C
2: On the hearing of the Commission's application or an application for leave by a person against whom an order under section 80C
a: the Commission must appear and call the attention of the Court to any matter that seems to it to be relevant, and may give evidence or call witnesses; and
b: the person against whom the order is sought or has been made may appear and give evidence or call witnesses.
3: The Registrar of the Court must, as soon as practicable after the making of an order under section 80C
a: the person against whom the order has been made; and
b: the Registrar of Companies, and the Registrar of Companies must give notice in the Gazette
80E: Offence to act in contravention of order made under
section 80C
1: Every person commits an offence who acts in contravention of an order made under section 80C
2: A person who commits an offence against subsection (1)
3: The offence is triable on indictment.
19: Actions for damages for contravention of
Part 2 Section 82 subsection (2)
2: An action under subsection (1) subsection (1)
20: New
section 82A The principal Act is amended by inserting, after section 82
82A: Exemplary damages for contravention of
Part II
1: The Court may order a person who has engaged in any conduct referred to in section 82(1) section 80
2: In determining whether to award exemplary damages and, if they are to be awarded, the amount of them, the Court must have regard to—
a: whether a pecuniary penalty has been imposed on the defendant for a contravention involving the conduct concerned in the claim for exemplary damages; and
b: if so, the amount of the pecuniary penalty.
21: Contravention of
section 55 Section 86(1)
a: by omitting from paragraph (a) $10,000 $50,000
b: by omitting from paragraph (b) $30,000 $500,000
22: General provisions relating to granting of injunctions
Section 88 subsection (3A)
3A: In determining whether to grant an interim injunction under this section, the Court must give any weight that the Court considers appropriate to the interests of consumers or, as the case may be, acquirers.
23: New
section 88A The principal Act is amended by inserting, after section 88
88A: When undertaking as to damages not required by Commission
1: If the Commission applies to the Court for the grant of an interim injunction under this Part, the Court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
2: However, in determining the Commission's application for the grant of an interim injunction, the Court must not take into account that the Commission is not required to give an undertaking as to damages.
24: Appeals in relation to determinations by Commission
1: Section 91 subsection (1)
1: Subject to sections 92 to 95 subsection (2)
a: there is a right of appeal to the High Court against any determination of the Commission under this Act that is not a determination of the Commission under section 70
b: there is a right of appeal to the High Court by way of case stated for the opinion of the Court on a question of law only against any determination of the Commission under section 70
2: Section 93 appeal (other than an appeal under section 91(1)(b)
25: Offences
Section 103
5: Proceedings for an offence against subsection (4)
26: Provisions as to proceedings already barred and pending proceedings
Nothing in this Act—
a: enables any proceedings to be brought that were barred before the commencement of this Act; or
b: affects any proceedings commenced before the commencement of this Act.
27: Consequential amendments
1: Section 86(2) the authorised price for those goods or services the price that should have been charged for those goods or services in accordance with the authorisation, provisional authorisation, or undertaking
2: Section 87(b) subparagraph (ii)
ii: any provisional authorisation under section 71 .
3: Section 103(1)(a) notice under section 70E
4: Section 108(cb) section 70(1) section 70B
5: Section 13(1) Ministry of Energy (Abolition) Act 1989 sections 53 and 54 of the Commerce Act 1986 sections 53, 54, and 56 of the Commerce Act 1986


Fishing Industry Board Repeal Act 2001

1: Title
1: This Act is
the Fishing Industry Board Repeal Act 2001.
2: In this Act,
the Fishing Industry Board Act 1963 is called the principal Act
2: Commencement
Except as provided
in section 5(7)
3: Regulations
Section 35(1)
of the principal Act is amended by inserting, after paragraph (f),
the following paragraph:
fa: providing for the dissolution of the
Board and for all matters related to the dissolution, including vesting
of the assets and liabilities of the Board: .
4: Assets and liabilities of Board
1: The assets
and liabilities of the Board vest in the Crown on 1 October 2002
unless—
a: the Board recommends to the Minister
alternative arrangements for the vesting of the assets and liabilities;
and
b: the Minister notifies the Board in writing
that he or she considers that the arrangements are satisfactory.
2: The Board
must provide any recommendations for alternative arrangements to the
Minister by 1 July 2002.
5: Repeal of principal Act, revocations, and amendments
to other enactments
1: The principal
Act is repealed.
2: Section 315
of the Fisheries Act 1996 is repealed.
3: The Acts listed
in Part 1
4: The Fish Levy
Regulations 1976 are revoked.
5: The Fish Export
Licensing Regulations 1982 are revoked.
6: The regulations
listed in Part 2
7: This subsection
and subsection (2) come into force on the day after the date on which
this Act receives the Royal assent, and the rest of this section and
the Schedule