Te Ture Whenua Maori Amendment Act 2002

1: Title
1: This Act is—
a: Te Ture Whenua Maori Amendment Act 2002; or
b: the Maori Land Amendment Act 2002.
2: In this Act, Te Ture Whenua Maori Act 1993 principal Act
2: Commencement
This Act comes into force on 1 July 2002.
1: Amendments to principal Act
Amendments relating to preamble and interpretation
3: Preamble of principal Act amended
1: The first paragraph of the preamble of the principal Act is amended—
a: by inserting, after the words hapu hoki, a, a ki te whakangungu i nga wahi tapu
b: by omitting the word Koti Te Kooti
2: The second paragraph of the preamble of the principal Act is amended by inserting, after the words and their hapu , and to protect wahi tapu
4: Interpretation of Act generally
Section 2(2) , and that protects wahi tapu
5: Interpretation
1: Section 4 Ahi ka forestry right section 2 of the Forestry Rights Registration Act 1983 kaitiaki long-term lease
a: for a term of more than 52 years; or
b: for a term that would be more than 52 years if 1 or more rights of renewal were exercised tikanga Maori tipuna wahi tapu section 338(1)(b) whanaunga whangai
2: Section 4 alienation
vii: the granting, renewal, variation, transfer, assignment, or mortgage of a forestry right over Maori land; and .
3: The definition of General land owned by Maori section 4 more than 4 a Maori or by a group of
4: The section heading of section 4 of English terms Amendments relating to Maori Land Court
6: Appointment of Judges
Section 7 subsection (2)
2A: A person must not be appointed a Judge unless the person is suitable, having regard to the person's knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi.
7: Jurisdiction in respect of injunctions
Section 19(1)(a) land , Maori reservation, or wahi tapu
8: New
section 22A The principal Act is amended by inserting, after section 22
22A: Power of Court to grant specific performance of leases of Maori freehold land
The Court has the same jurisdiction as that of the High Court to grant and enforce specific performance or to award damages in addition to, or in substitution for, specific performance, in respect of leases of Maori freehold land or leases of General land owned by Maori that ceased to be Maori land under Part I of the Maori Affairs Amendment Act 1967
9: Power of Court to make order to restore effect of lost instruments of alienation
Section 25(1)
a: by omitting from paragraph (b) ; and
b: by repealing paragraph (c)
10: New
section 30 The principal Act is amended by repealing section 30
30: Maori Land Court's jurisdiction to advise on or determine representation of Maori groups
1: The Maori Land Court may do either of the following things:
a: advise other courts, commissions, or tribunals as to who are the most appropriate representatives of a class or group of Maori:
b: determine, by order, who are the most appropriate representatives of a class or group of Maori.
2: The jurisdiction of the Maori Land Court in subsection (1)
3: A request for advice or an application for an order under subsection (1)
11: New sections 30A to 30J inserted
The principal Act is amended by inserting, after section 30
30A: Intent of sections
The intent of section 30 and sections 30B to 30I
a: to enable and encourage applicants and persons affected by an application under section 30
b: to enable the Chief Judge to facilitate, as far as possible, successful resolution of differences surrounding an application by the persons affected, without adjudication.
30B: Powers of Judge in addressing requests for advice
1: The jurisdiction in section 30(1)(a)
2: The Chief Judge may address the request or may allocate the request to another Judge, and must do 1 or the other within 20 working days of receiving the request.
3: The Judge addressing a request for advice may (but is not obliged to) do 1 or more of the following things, before supplying the advice sought:
a: exercise the powers in section 67
b: consult with the requestor and persons affected by the advice:
c: refer some or all of the issues arising from the request to a mediator for mediation.
30C: Powers of Judge in addressing applications for determination
1: The jurisdiction in section 30(1)(b)
2: The Chief Judge may address the application or may allocate the application to another Judge and must do 1 or the other within 20 working days of receiving the application.
3: The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following things:
a: determine the most appropriate representatives of a class or group of Maori, and order accordingly, if subsection (5)
b: refer the application to the Maori Land Court for hearing and determination:
c: exercise the powers in section 67
d: refer some or all of the issues arising from the application to a mediator for mediation:
e: dismiss or defer consideration of the application, if subsection (6)
4: The Judge may choose not to address an application if the Judge is satisfied that the issues it presents are governed by another enactment, or another part of this Act, or are more appropriately addressed in another forum.
5: The Judge may make a determination under subsection (3)(a)
a: the applicant has taken reasonable steps to notify those persons affected by the application of the application; and
b: those persons do not oppose the application.
6: The Judge may dismiss or defer consideration of an application under subsection (3)(e)
a: it is vexatious, frivolous or an abuse of the Maori Land Court, or fails to satisfy rules of court; or
b: it does not present serious issues for determination; or
c: the Judge considers it appropriate to dismiss or defer consideration of the application for another reason.
30D: Appointment of mediator
1: A Judge who decides to refer issues to a mediator under section 30B(3)(c), section 30C(3)(d), section 30G(3)(a), or section 30I(2)
2: The persons affected by the application may, by agreement among them, appoint as mediator a person or persons with the skills and experience to undertake mediation on issues of representation for a class or group of Maori.
3: The Judge must appoint a mediator if a mediator is not appointed by agreement under subsection (2)
4: The Judge must be satisfied, before appointing a mediator, that the mediator has the skills and experience to undertake mediation on issues of representation for a class or group of Maori.
5: A Judge other than the Judge addressing an application may be a mediator; a Judge acting as a mediator is, however, to be treated as acting judicially, and retains the same immunities as when acting as a Judge.
6: Despite subsection (5)
30E: Conduct of mediation
1: A Judge may advise a mediator of the issues that need to be addressed at mediation.
1A: The following persons are entitled to attend and participate in a mediation:
a: persons affected and their representatives:
b: any other person with the leave of the Judge addressing the application.
2: A mediator may—
a: follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and
b: receive any information, statement, admission, document, or other material, in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings.
3: Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation unless the person who produces the material consents to its disclosure.
4: A person may not be sued for defamation for statements made in mediation.
5: Statements made and material presented at mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially unless the parties participating in the mediation consent to the admission of the statement or material.
30F: Successful mediation
1: If some or all of the issues referred to mediation are resolved at mediation, the mediator must—
a: record the terms of that resolution; and
b: deliver them to the Judge.
2: The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the Maori Land Court.
30G: Unsuccessful mediation
1: If some or all of the issues referred to mediation are not resolved by mediation and the mediator believes that those issues are unlikely to be resolved, the mediator must—
a: report that lack of resolution to the Judge; and
b: state the issues that are unresolved and any issues that have been resolved.
2: The persons affected participating in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application.
3: Subject to subsection (2) subsection (1)
a: refer some or all of the unresolved issues to a mediator for mediation; or
b: refer the unresolved issues to the Maori Land Court for hearing and determination or for the provision of advice, as the case may be.
4: A Judge referring unresolved issues to the Maori Land Court under subsection (3)(b)
30H: Orders
1: In making orders under section 30 and sections 30B to 30I
a: specify the duties and powers of the representatives of a class or group of Maori and impose conditions on the exercise of those powers:
b: incorporate or restate the terms of an agreement reached by the persons participating in an application.
c: incorporate the terms that express the outcome of mediation:
d: specify that the order applies for general or specific purposes:
e: specify the purpose or purposes for which the order is made:
f: specify a date after which the order ceases to have effect.
2: Neither a Judge nor the Court has jurisdiction to make an order that binds the Crown in relation to applications concerning Treaty settlement negotiations unless the Crown agrees to be bound.
30I: Review of advice or determination
1: The Maori Land Court may review any advice or determination supplied by it under section 30(1)
a: in the case of advice, it is requested to do so by the court, commission, or tribunal at whose request that advice was supplied; and
b: in other cases, the Chief Judge is satisfied, on receipt of a written application, that a review is necessary.
2: The Court may refer some or all of the issues arising on a review of advice or a determination under subsection (1)
3: Sections 30D to 30G subsection (2)
4: The Court may, on any review under subsection (1) section 30(1)(a) section 30(1)(b)
5: A review under subsection (1)
6: This section applies to advice given and determinations made under section 30 of the principal Act
30J: Definition of persons affected
In sections 30A to 30G persons affected section 30
12: Consequential changes
1: Section 33 subsection (1)
1: If the Maori Land Court exercises its jurisdiction under section 30(1) or section 30I(1) section 30C(3)(a)
2: Section 36 subsection (2) section 30(1) or where the Court is constituted under section 33 Amendments relating to Maori Land Court Special Aid Fund
13: Maori Land Court Special Aid Fund
Section 98(9) paragraph (a)
aa: the reasonable fees and reasonable expenses of any person the Registrar is directed, by the Judge, to engage to assist with an inquiry and report under section 40
ab: the reasonable fees and reasonable expenses of a mediator to whom a Judge refers matters under section 30B(3)(c), section 30C(3)(d), section 30G(3)(a), or section 30I(2) . Amendments relating to administration of estates
14: Liability of Maori land for payment of debts of estate
Section 104(3) dies on or
15: Disposition by will
Section 108 subsection (2)
2A: A person in whom an occupation order has been vested may leave the occupation order by will to any 1 or more persons who come within subsection (2)
2B: A person is entitled to succeed to an occupation order by will—
a: if the person owns a beneficial interest in the land to which the occupation order applies; and
b: if the Court is satisfied, in the circumstances, that the extent of the person's beneficial interest in the land justifies that person succeeding to the occupation order.
2C: An occupation order that passes by will is cancelled automatically on the date of expiry or termination of the occupation order .
16: New
section 109A The principal Act is amended by inserting, after section 109
109A: Succession to ota whakanoho on intestacy
1: Subject to subsection (2), section 109
2: A person is entitled to succeed to an occupation order—
a: if the person owns a beneficial interest in the land to which the occupation order applies; and
b: if the Court is satisfied, in the circumstances, that the extent of the person's beneficial interest in the land justifies that person succeeding to the occupation order.
3: An occupation order that passes by succession is cancelled automatically on the date of expiry or termination of the occupation order.
17: New
section 119A The principal Act is amended by inserting, after section 119
119A: Vesting of ota whakanoho
Sections 117 to 119 Amendments relating to recording of ownership
18: New
section 125A The principal Act is amended by inserting, after section 125
125A: Alteration to land appellation
1: The Court may, on application under subsection (2)
a: the title to that land; and
b: if necessary, the cadastral record map, produced under section 11(1)(c) of the Survey Act 1986
2: A legal or beneficial owner of Maori freehold land may apply to the Court for an order under subsection (1) subsection (7)(c)
3: On receiving an application under subsection (1)
a: notify every person with a beneficial interest in the Maori freehold land, whose identity and address is known to the Court, of the application; and
b: notify the Registrar-General of Land and Chief Surveyor of the application; and
c: invite submissions on the application from the persons notified.
4: The Registrar must specify a date by which submissions on the application must be received.
5: The Court must not make an order under this section affecting the whole or part of a block of Maori freehold land unless it is satisfied—
a: that the owners of the land have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and
b: that there is a sufficient degree of support for the application among the owners; and
c: that the format of the appellation, as amended, conforms with the requirements specified by the Surveyor-General under section 11(1)(g) of the Survey Act 1986
6: The Court must not make an order under this section affecting the whole or part of a block of Maori freehold land vested in a Maori incorporation unless it is satisfied—
a: that the shareholders of the incorporation have been given sufficient notice of the application; and
b: that the shareholders have passed a special resolution supporting the application.
7: If the Court makes an order under subsection (1)
a: a copy of the order to the land registry office for the land registration district in which the land is situated, and the Registrar-General of Land must register the order; and
b: any documentation required by the Surveyor-General, to the Surveyor-General, for updating the cadastral record map of the relevant land district; and
c: payment of a fee (if any) prescribed, for registration or updating under paragraphs (a) and (b)
19: All land to have particular status for purposes of Act
Section 129(2)(c) more than 4 a Maori or by a group of Amendments relating to status of land
20: Change from General land to Maori freehold land by status order
1: Section 133(1) General land or General land owned by Maori
2: The section heading of section 133 General land or General land owned by Maori Amendments relating to alienation of Maori land
21: Alienation of whole or part of block
Section 147(1) paragraph (c)
c: the owners in common of a block of Maori freehold land have the capacity to alienate the whole or any part of the land in accordance with section 150C
d: the trustees of a trust constituted under Part XII section 150A
e: a Maori incorporation has the capacity to alienate the whole or any part of Maori freehold land vested in it, in accordance with section 150B
22: New
section 147A The principal Act is amended by inserting, after section 147
147A: Right of first refusal for sale or gift
A person referred to in section 147
23: Manner of alienation of undivided interests
Section 150 subsections (3) (4) (5)
24: New
sections 150A to 150D The principal Act is amended by inserting, after section 150
150A: Alienation by trustees
1: The trustees of a trust constituted under Part XII
a: by sale or gift, unless the sale or gift has the consent of—
i: at least three-quarters of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 75% of the beneficial freehold interest in the land:
b: by long-term lease, unless the Court, in its discretion, approves and the long-term lease has the consent of—
i: at least half of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 50% of the beneficial freehold interest in the land.
2: Subsection (1) and section 147A
3: The trustees of a trust constituted under Part XII
a: if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part VIII
b: if the alienation is by way of lease, licence, or forestry right, for a term of more than 21 years (including any term or terms of renewal), or mortgage, send a copy of the instrument to the Registrar for noting; and the Registrar must note the contents of that instrument.
150B: Alienation by Maori incorporation
1: A Maori incorporation must not alienate Maori freehold land vested in it—
a: by sale or gift, unless the sale or gift is authorised by a special resolution passed by shareholders holding 75% or more of the total shares in the incorporation:
b: by long-term lease, unless the Court, in its discretion, approves and the long-term lease is authorised by a resolution passed by shareholders holding 50% or more of the total shares in the incorporation.
2: Subsection (1) and section 147A
3: A Maori incorporation that executes an instrument of alienation of Maori freehold land must,—
a: if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part VIII
b: if the alienation is by way of lease, licence, or forestry right, for a term of more than 21 years (including any term or terms of renewal), or mortgage, send a copy of the instrument to the Registrar for noting; and the Registrar must note the contents of that instrument.
150C: Alienation by other owners
1: The owners in common of a block of Maori freehold land must not alienate Maori freehold land owned by them—
a: by sale or gift, unless the sale or gift has the consent of—
i: at least three-quarters of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 75% of the beneficial freehold interest in the land; and
b: by long-term lease, unless the Court, in its discretion, approves and the long-term lease has the consent of—
i: at least half of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 50% of the beneficial freehold interest in the land; and
c: in any other way except—
i: by agreement of all the owners; or
ii: pursuant to a resolution carried at a meeting of assembled owners held under and in accordance with Part IX
2: Subsection (1) and section 147A
3: A person referred to in section 147(1)(a), (b), or (c)
a: if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part VIII
b: if the alienation is by way of lease, licence, forestry right, profit, mortgage, charge, or encumbrance, get a certificate of confirmation issued and noted by the Registrar under section 160
150D: Life interests
A person with a life interest or a determinable life interest in Maori freehold land—
a: is not capable of alienating the Maori freehold land in which the life interest is held without the consent of all persons entitled in remainder; and
b: holds that interest as a kaitiaki in accordance with tikanga Maori. Amendments relating to duties and powers of Court in relation to alienations of Maori freehold land
25: New
section 152 The principal Act is amended by repealing section 152
152: Court to grant confirmation if satisfied of certain matters
1: The Court must grant confirmation of an alienation of Maori freehold land if it is satisfied—
a: that,—
i: in the case of an instrument of alienation, the instrument has been executed and attested in the manner required by the rules of court; or
ii: in the case of a resolution of assembled owners, the resolution was passed in accordance with this Act or regulations made under this Act; and
b: that the alienation is not in breach of any trust to which the land is subject; and
c: that the value of all buildings, all fixtures attached to the land, all things growing on the land, all minerals in the land, and all other assets or funds relating to the land, has been properly taken into account in assessing the consideration payable; and
d: that, having regard to the relationship (if any) of the parties and to any other special circumstances of the case, the consideration (if any) is adequate; and
e: that the purchase money (if any) has been paid to, or secured to the satisfaction of, the Maori Trustee or Court appointed agent or trustees in accordance with section 159
f: that, if section 147A
2: Before granting confirmation, the Court may, with the consent of the parties, vary the terms of the instrument of alienation or resolution.
3: In considering an application for confirmation of an alienation to a person who is an overseas person (within the meaning of the Overseas Investment Act 1973
a: must, as far as possible, act in conformity with the relevant provisions of that Act and those regulations; and
b: must have regard to the matters that any person is required by that Act or those regulations to consider in relation to applications under that Act or those regulations.
26: New
section 155 The principal Act is amended by repealing section 155
155: Manner of confirmation
1: If the Court is satisfied that it should grant confirmation, it must,—
a: for an instrument of alienation, endorse the instrument with an appropriate certificate of confirmation; or
b: for a resolution of owners, make an order accordingly.
2: A certificate or order under subsection (1)
27: Certain instruments require only certificate of confirmation by Registrar
1: Section 160 subsections (1) (2)
1: This section applies to the instruments of alienation specified in section 150C(3)(b)
2: An instrument of alienation to which this section applies has no force or effect (unless confirmed by the Court under subsection (6)
a: has been issued by the Registrar under this section; and
b: has been noted by the Registrar in the records of the Court.
2: Section 160(3)(d) Act or regulations made under this Act
3: Section 160
10: The Registrar may correct accidental clerical errors made in certificates of confirmation under this section, whether or not the relevant certificate of confirmation has become effective.
28: Transfer of land or undivided interest by Court vesting orders
Section 164(3) to 154 Amendments relating to trusts
29: Whenua topu trusts
Section 216(2) that the interests in land to which the application relates constitute the whole or a substantial part of the total interests in land owned by members of any iwi or hapu, and
30: Maori community purposes
Section 218(2)(b)(iii) maraes marae
31: New
section 220A The principal Act is amended by inserting, after section 220
220A: Registration of land in name of trust or tipuna
1: This section applies to land or an interest in land that constitutes the whole or part of the property of a trust.
2: The trustees of a trust may give a direction that land that is registered or registrable under the Land Transfer Act 1952
a: be registered in the name of—
i: the trust applying to that land; or
ii: a tipuna; or
b: No longer be registered in the name of the trust applying to that land, or a tipuna, and instead be registered in the names of the trustees.
3: The Registrar-General of Land must implement a direction under subsection (2)
a: a copy of the direction from the Registrar; and
b: a certificate of the Registrar confirming the direction.
4: To give a direction under subsection (2)
a: a direction in writing, addressed to the Registrar-General of Land, executed by the trustees, saying whether the direction is given under paragraph (a) or (b) of subsection (2)
b: a certificate executed by the trustees identifying the beneficiaries of the trust; and
c: evidence of a resolution of beneficiaries approving the direction.
5: Subsections (2) and (3) Land Transfer Act 1952
6: If the documents received under subsection (4)
a: issue a certificate to the Registrar-General of Land confirming the direction; and
b: forward a copy of the direction and that certificate to the Registrar-General of Land.
7: Trustees who give a direction under subsection (2)
a: retain the rights, duties, and powers of the registered proprietor of the land even though the land may not be registered in their name; and
b: must exercise those rights, duties, and powers in their own names.
8: The Registrar-General of Land—
a: is entitled to rely on the Registrar's certificate issued under subsection (6)(a)
b: must have regard to subsection (7)
9: The Registrar may issue a certificate stating the names of the trustees of land registered in the name of a trust or a tipuna, and the Registrar-General of Land is entitled to rely on that certificate as sufficient evidence that the persons named are those trustees.
10: A certificate under subsection (9)
a: executed by the trustees of land registered in the name of a trust or a tipuna; and
b: lodged for registration with the Registrar-General of Land.
32: Power of Court to amalgamate trusts
Section 221 subsection (1)
1: The Court may order the amalgamation of 2 or more trusts (other than kai tiaki trusts) constituted under this Part, if—
a: all trustees of the trusts to be amalgamated apply for the order; and
b: the Court is satisfied that—
i: the beneficiaries of the trusts to be amalgamated have had sufficient notice of the proposal to amalgamate and sufficient opportunity to discuss and consider it; and
ii: there is a sufficient degree of support for the application among the beneficiaries of the trusts to be amalgamated.
33: New
section 227A The principal Act is amended by inserting, after section 227
227A: Interested trustees
1: A person is not disqualified from being elected or from holding office as a trustee because of that person's employment as a servant or officer of the trust, or interest or concern in any contract made by the trust.
2: A trustee must not vote or participate in the discussion on any matter before the trust that directly or indirectly affects that person's remuneration or the terms of that person's employment as a servant or officer of the trust, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust.
34: New
section 231 The principal Act is amended by repealing section 231
231: Review of trusts
1: The trustees or a beneficiary of a trust (other than a kai tiaki trust) constituted under this Part may apply to the Court to review the terms, operation, or other aspect of the trust.
2: There can be no more than 1 review of a trust within a period of 24 consecutive months.
3: The Court may, on any review,—
a: confirm the trust order for the trust without variation; or
b: exercise its powers under section 244
c: terminate the trust if the Court is satisfied that there is a sufficient degree of support for termination among the beneficiaries.
35: New
section 239 The principal Act is amended by repealing section 239
239: Addition, reduction, and replacement of trustees
1: The Court may at any time, on application, in respect of any trust to which this Part applies, add to or reduce the number of trustees or replace 1 or more of the trustees.
2: The Court may amend the Court's records for a trust if a trustee dies and the Court receives a death certificate for the deceased trustee.
3: In exercising the powers in subsections (1) and (2)
36: New
section 244 The principal Act is amended by repealing section 244
244: Variation of trust
1: The trustees of a trust to which this Part applies may apply to the Court to vary the trust.
2: The Court may vary the trust by varying or replacing the order constituting the trust, or in any other manner the Court considers appropriate.
3: The Court may not exercise its powers under this section unless it is satisfied—
a: that the beneficiaries of the trust have had sufficient notice of the application by the trustees to vary the trust and sufficient opportunity to discuss and consider it; and
b: that there is a sufficient degree of support for the variation among the beneficiaries. Amendments relating to Maori incorporations
37: Qualification, disqualification, and removal of members
Section 272(2)(b) fufilled fulfilled
38: New
section 274A The principal Act is amended by inserting, after section 274
274A: Interested members
1: A person is not disqualified from being elected or from holding office as a member of the committee of management because of that person's employment as a servant or officer of the incorporation, or interest or concern in any contract made by the incorporation.
2: A member of a committee of management must not vote or participate in the discussion on any matter before the committee that directly or indirectly affects that person's remuneration or the terms of that person's employment as a servant or officer of the incorporation, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a member of another committee of management.
39: Accounts and balance sheet
Section 276 subsection (7)
7: The committee of management of a Maori incorporation must ensure that copies of the statement of financial position, statement of financial performance, and other documents are filed with the Registrar in whose court district the land is situated, for the purpose of public inspection, within 14 days after their submission to a general meeting of shareholders.
8: Copies filed under subsection (7)
40: Appointment and duties of auditor
1: Section 277(1) Maori incorporation (except the Maori incorporations referred to in subsection (1A)
2: Section 227 subsection (1)
1A: This section does not apply to a Maori incorporation that had gross revenue of $25,000 or less for its most recently completed financial year unless the shareholders of that Maori incorporation resolve by special resolution that the accounts of the Maori incorporation should be audited under this section.
41: Investigation of incorporation's affairs
Section 280(3)
a: by omitting from paragraph (b) ; or
b: by repealing paragraph (c)
42: Power of Court to require officers to attend to explain non-compliance with statutory requirements
Section 281(1) paragraph (a)
aa: failure to comply with section 274A(2) . Amendments relating to title reconstruction and improvement
43: Matters to be considered
1: Section 288 subsection (4)
4: The Court must not make a partition order unless it is satisfied that the partition order—
a: is necessary to facilitate the effective operation, development, and utilisation of the land; or
b: effects an alienation of land, by gift, to a member of the donor's whanau, being a member who is within the preferred classes of alienees.
2: Section 288(1) Subject to In addition to the requirements of
44: Dwelling sites
Section 296 subsections (5) (6)
5: On cancelling a vesting order under subsection (4)
a: that the land be held again under the former instrument of title as if the vesting order had not been made; or
b: that the land is vested in any other person whom the Court considers to be justly entitled to it.
6: If an order under subsection (5)(a)
7: On cancelling a vesting order under subsection (4) section 128
45: Compliance with provisions of
Resource Management Act 1991 Section 301(3)(b) Planning Tribunal Environment Court
46: Contributions for reserve purposes
1: Section 302(2) paragraphs (a) (b)
a: the Court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and
b: the Registrar-General of Land and Registrar of Deeds must not require, under Part X of the Resource Management Act 1991
2: Section 302 subsection (3)
47: Subdivision consent and conditions of subdivision consent
1: Section 303 subsections (2) to (5)
2: The Court must—
a: make such orders as it considers necessary, having regard to Part X of the Resource Management Act 1991
b: have regard to sections 229 to 237H of the Resource Management Act 1991 section 301
3: Any land that would be required to be set apart, reserved, or vested in another person, because of subsection (2) Resource Management Act 1991
4: Land to which subsection (3)
a: as if it were land set apart under section 338(1) and section 340(1)
b: As if the procedural requirements of those subsections had been satisfied.
5: The Court may declare that any land set apart under subsection (3)
2: Section 303 subsection (8)
3: Section 303 subsection (9)
9: On the completion of any vesting order made by the Court for the purposes of this section, the Registrar must forward the order to the Registrar-General of Land who must register the order.
48: Power to impose restrictions on sales of hapu partitions to non-hapu members
1: Section 304(2) alienated sold
2: Section 304 subsections (3) to (7)
3: If an application is made to the Court to confirm a sale of Maori land to which this section applies, to persons who are not members of the same hapu, the Court—
a: may, if it considers it appropriate, publicly notify the application and invite submissions from the territorial authority and any other person who is likely to be affected by the application; and
b: may confirm or refuse to confirm the sale under section 152 sections 229 to 237H of the Resource Management Act 1991
4: If an application involves the sale of land to persons who are not members of the same hapu, and the Court decides under subsection (3) Resource Management Act 1991
5: Land to which subsection (4)
a: as if it were land set apart under section 338(1) and section 340(1)
b: as if the procedural requirements of those subsections had been satisfied.
6: If the Court confirms the sale of land to persons who are not members of the same hapu,—
a: the Court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and
b: Any condition imposed by the Court requiring a contribution of land for reserve purposes or in lieu of reserves may only require any such land to be set aside from that part of the land that is to be sold.
49: New
section 315A The principal Act is amended by inserting, after section 315
315A: Court may cancel or vary easements
1: The Court may, on application, vary or cancel an easement created under section 315 section 315(3)
2: The Court may vary or cancel an easement under this section even though the land subject to the easement has ceased to be land to which this Part applies.
50: Required consents
Section 317(4) Director-General of Lands Commissioner of Crown Lands
51: New section heading and
sections 326A to 326D The principal Act is amended by inserting, after section 326 Landlocked Maori land
326A: Meaning of certain terms
In this section and sections 326B, 326C, and 326D conservation area section 2(1) of the Conservation Act 1987 national parks section 2 of the National Parks Act 1980 reserves section 2(1) of the Reserves Act 1977 wildlife management reserves, wildlife refuges wildlife sanctuaries section 2(1) of the Wildlife Act 1953 landlocked land
a: Maori freehold land; or
b: general land owned by Maori that ceased to be Maori land under Part I of the Maori Affairs Amendment Act 1967 national park section 2 of the National Parks Act 1980 occupier owners public reserve section 2(1) of the Reserves Act 1977 rail service operator section 2 of the Railway Safety and Corridor Management Act 1992 railway line section 2(1) of the New Zealand Railways Corporation Act 1981 reasonable access
326B: Reasonable access may be granted in cases of landlocked Maori land
1: The owners of landlocked land may apply at any time to the Court for an order in accordance with this section.
2: On an application made under this section,—
a: the owner of land adjoining the landlocked land that will or may be affected by the application must be joined as a party to the application; and
b: every person having an estate or interest in the landlocked land, or in any other piece of land (whether or not that piece of land adjoins the landlocked land), that will or may be affected if the application is granted, or claiming to be a party to or to be entitled to any benefit under any mortgage, lease, easement, contract, or other instrument affecting or relating to any such land, and the local authority concerned, are entitled to be heard in relation to any application for, or proposal to make, any order under this section.
2A: The applicant must, as soon as practicable after filing an application in the Court, send a copy of the application to the local authority concerned.
3: For the purposes of subsection (2)
4: In considering an application under this section, the Court must have regard to—
a: the nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased or otherwise acquired the land; and
b: the circumstances in which the landlocked land became landlocked; and
c: the conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land; and
d: the hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and
e: the requirements of Part IIIB of the Conservation Act 1987
f: issues of public safety raised by a rail service operator, if the application affects a railway line; and
g: such other matters as the Court considers relevant.
5: If, after taking into consideration the matters specified in subsection (4)
a: vesting in the owners of the legal estate in the landlocked land the legal estate in fee simple in any other piece of land (whether or not that piece of land adjoins the landlocked land) except land that is a national park, public reserve or railway line; or
b: attaching and making appurtenant to the landlocked land an easement over any other piece of land (whether or not that piece of land adjoins the landlocked land), despite section 12 of the Railway Safety and Corridor Management Act 1992
326C: Conditions and other matters
1: Any order under section 326B(5)
a: the payment of compensation by the applicant to any other person; and
b: the exchange of any land by the applicant and any other person; and
c: the fencing of any land and the upkeep and maintenance of any fence; and
d: the upkeep and maintenance of any land over which an easement is to be granted; and
e: the powers of the Court under Part XVI
f: the carrying out of any survey that may be required by the Registrar-General of Land before the Registrar-General of Land will issue, in respect of any piece of land affected by the order, a certificate of title free of any limitations as to title or parcels within the meaning of Part XII of the Land Transfer Act 1952
g: the time in which any work necessary to give effect to the order is to be carried out; and
h: the execution, stamping, and delivery of any instrument; and
i: such other matters as the Court considers relevant.
2: Every order made under section 326B(5)
3: If the Court makes an order under section 326B(5)
a: declare any estate or interest in any piece of land affected by the order to be free of any mortgage, lease, easement, or other encumbrance affecting that piece of land, or vary, to such extent as it considers necessary in the circumstances, any mortgage, lease, easement, contract, or other instrument affecting or relating to that piece of land; and
b: declare that the legal estate in fee simple in any piece of land to be vested in the owners of the landlocked land is to vest subject to the same terms, conditions, liabilities, and encumbrances as those on and subject to which the owners hold the estate in the landlocked land, and is subject in all respects to any instrument of mortgage, charge, lease, sublease, or other encumbrance affecting that estate in the landlocked land as if the piece of land to be vested had been expressly included in the instrument.
4: If the Court makes an order (in this subsection referred to as the principal order section 326B(5)
a: an order authorising any person named in the order, or the agents, employees, and contractors of the named person, with or without animals, vehicles, aircraft, hovercraft, and any mode of conveyance and any equipment, to enter upon any piece of land specified in the order for the purpose of carrying out any work necessary to give effect to the principal order; and
b: such other consequential order as the Court may think necessary or desirable to give full effect to the principal order; and
c: an order requiring the applicant to maintain the land, or meet other obligations affecting the land, failing which the principal order may be revoked.
326D: Additional provisions relating to orders under
sections 326B or 326C
1: Any order made under section 326B(5) Land Transfer Act 1952 Deeds Registration Act 1908 Part I of the Crown Minerals Act 1991
2: This section and sections 326A to 326C
3: The High Court, and not the Maori Appellate Court, has jurisdiction to hear and determine appeals from any order made under sections 326B or 326C
4: Every appeal to the High Court under subsection (3)
5: Nothing in Part X of the Resource Management Act 1991 sections 326B or 326C
6: The Court's powers under this section and sections 326A to 326C sections 315 to 317
7: The Court may appoint expert assessors or valuers, as additional members of the Court, to assist it to determine issues of valuation or compensation under sections 326A to 326D Amendments relating to occupation orders
52: Occupation orders
1: Section 328(1) (including a house that has already been built and is located on that land when the order is made)
2: Section 328
4: In making an order under subsection (1)
a: that the occupation order is for a specified period; or
b: that the occupation order ends on the occurrence of a defined event.
53: Matters to be considered
1: Section 329(2) paragraph (a)
aa: that the owners of the land to which the application relates understand that an occupation order—
i: may pass by succession; and
ii: may be for a specified term or until the occurrence of a defined event: .
2: Section 329(2)
c: that, in the circumstances, the extent of the beneficial interest in the land held by the person in whose favour the occupation order is to be made, or to which that person is entitled to succeed, justifies the occupation order.
54: New
section 330A The principal Act is amended by inserting, after section 330
330A: Review of occupation orders
1: The Maori Land Court may review an occupation order made before this section comes into force, on application by an owner of a beneficial interest in the land over which the occupation order has been made, or by the person in whom the occupation order is vested.
2: The Maori Land Court may conduct a review under subsection (1) Amendments relating to wahi rahui
55: Maori reservations
Section 338 subsection (1)
1: The Chief Executive may, by notice in the Gazette
a: for the purposes of a village site, marae, meeting place, recreation ground, sports ground, bathing place, church site, building site, burial ground, landing place, fishing ground, spring, well, timber reserve, catchment area or other source of water supply, or place of cultural, historical, or scenic interest, or for any other specified purpose; or
b: that is a wahi tapu, being a place of special significance according to tikanga Maori.
56: Maori reservation (not wahi tapu) may be held for common use and benefit of people of New Zealand
1: Section 340(1)
a: by inserting, after the words Maori reservation (that is not a wahi tapu)
b: by inserting, after the word reservation (that is not a wahi tapu)
2: Section 340(2) Maori reservation (that is not a wahi tapu)
3: Section 340(3) Maori reservation that is not a wahi tapu
57: Further provisions relating to Maori reservation for marae or meeting place
Section 341(1) marae or meeting place or as wahi tapu
2: Consequential repeals and amendment
58: Repeals
The following provisions of the principal Act are repealed:
a: section 3
b: section 147(2) (3)
c: section 153
d: section 154
e: section 161
f: section 199(3) (4)
g: section 228
h: section 254
i: section 255
j: section 305
59: Consequential amendment
1: Section 129B(14) Property Law Act 1952 section 316 or sections 326A to 326D
2: Section 6 Te Ture Whenua Maori Amendment Act 2001


1: Title
This Act is the Chartered Professional Engineers of New Zealand Act 2002.
1: Preliminary provisions
2: Commencement
Except as provided in sections 73 to 77
3: Purpose of Act
The purpose of this Act is to reform the law relating to the registration of engineers and to establish the title of chartered professional engineer as a mark of quality; and, to those ends, this Act—
a: establishes a registration system for chartered professional engineers, under which persons who wish to be chartered professional engineers must meet minimum standards to be, and continue to be, registered:
b: requires a code of ethics and a complaints and disciplinary process to apply to chartered professional engineers:
c: requires a professional body to carry out the functions relating to the registration system, the code of ethics, and the complaints and disciplinary process, and establishes a statutory body to oversee aspects of those functions:
d: repeals the Engineers Registration Act 1924.
4: Interpretation
In this Act, unless the context otherwise requires,— board chartered professional engineer section 6 commencement date section 66 Council section 44 CPEng standards section 40 decision decision authority
a: the Registration Authority:
b: the Council disciplinary matter Engineers Registration Board section 3 of the Engineers Registration Act 1924 establishment period section 66 financial year section 61 member Minister registered section 8 Registration Authority rules section 40 section 41 transitional period section 66
5: Act to bind the Crown
This Act binds the Crown.
2: Chartered professional engineers
Title of chartered professional engineer and its protection
6: Title of chartered professional engineer
A person is a chartered professional engineer
a: is registered; and
b: holds a current registration certificate.
7: Protection of title of chartered professional engineer
1: No person, other than a chartered professional engineer, may use in connection with his or her business, trade, employment, calling, or profession—
a: the title chartered professional engineer
b: any words, initials, or abbreviations of that title that are intended to cause, or that may reasonably cause, any person to believe that the person using those words, initials, or abbreviations is a chartered professional engineer.
2: Despite subsection (1), a person may use that title (or words, initials, or abbreviations of that title) in representing qualifications or titles awarded by overseas agencies in accordance with the rules.
3: A person who contravenes subsection (1) commits an offence, and is liable on Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Registration of chartered professional engineers
8: Requirements for initial registration as chartered professional engineer
The Registration Authority must register a person if he or she—
a: applies to the Registration Authority, and pays the applicable charge, in accordance with the rules; and
b: satisfies the Registration Authority that he or she meets the minimum standards for registration contained in the rules; and
c: agrees to be bound by the rules as amended from time to time.
9: Issue and term of registration certificate
1: The Registration Authority must issue a registration certificate to a person on his or her registration.
2: The Registration Authority must issue each subsequent registration certificate to a person if he or she—
a: is currently registered; and
b: applies to the Registration Authority, and pays the applicable charge, in accordance with the rules.
3: A registration certificate is in force for the year or years (or part of them) for which it is issued.
4: However, a person's registration certificate is immediately cancelled if the person's registration is removed.
5: If a person does not hold a current registration certificate for more than 12 months, his or her registration may be removed, unless—
a: in that period the person has applied for a certificate, and paid the applicable charge, in accordance with the rules; or
b: his or her registration has been placed in abeyance because he or she required it to be.
10: Registration charges
1: The Registration Authority may decline to register a person or to issue a registration certificate if the applicable charge is not paid.
2: If a charge payable by a person for registration or a registration certificate remains unpaid for 90 days or more, the Registration Authority may place the person's registration in abeyance until the person pays the charge and, if he or she does not do so within 12 months, remove his or her registration.
11: Chartered professional engineer to meet minimum standards for continued registration
1: The Registration Authority must assess at the frequency required by the rules, and may assess at any other time, whether or not a registered person meets the minimum standards for continued registration contained in the rules.
2: If the Registration Authority determines that the person does not meet those minimum standards, it must—
a: remove the person's registration; or
b: suspend the person's registration until the person satisfies the Authority that he or she meets those minimum standards and, if he or she does not do so within 12 months, remove his or her registration.
12: Removal from register
1: The Registration Authority may remove a person's registration only—
a: if the person dies; or
b: if the person, by written notice, requires the Registration Authority to remove his or her registration; or
c: in accordance with section 9
d: in accordance with section 10
e: in accordance with section 11
f: in accordance with section 22
g: in accordance with section 23
2: The Registration Authority must comply with the applicable procedures under section 25
13: Suspension from register
1: The Registration Authority may suspend a person's registration only in accordance with—
a: section 11
b: section 22
c: section 23
2: The Registration Authority must comply with the applicable procedures under section 25
14: Placing registration in abeyance
1: The Registration Authority may place a person's registration in abeyance only—
a: if the person, by written notice, requires it (and then for the period required, subject to the rules); or
b: in accordance with section 10
2: The Registration Authority must comply with the applicable procedures under section 25
15: Effect of suspension or abeyance of registration
1: A person is not a chartered professional engineer for the purposes of this Act, and accordingly must not use that title, for the period for which his or her registration is suspended or placed in abeyance.
2: At the end of the period of suspension or abeyance, the person's registration is immediately revived (unless it has been removed) and, if the person's registration certificate has expired, the Registration Authority may issue a registration certificate to him or her under section 9(2) Register of chartered professional engineers
16: Registration Authority to keep register of chartered professional engineers
1: The Registration Authority must keep and maintain a register of chartered professional engineers in accordance with this Act and the rules.
2: The purpose of the register is—
a: to enable members of the public to—
i: know who is a chartered professional engineer and what is the status and relevant history of the person's registration; and
ii: select a suitable engineer from a list of chartered professional engineers; and
iii: (if the chartered professional engineer has consented) know how to contact a chartered professional engineer; and
iv: know which chartered professional engineers have been disciplined within the last 3 years; and
b: to facilitate the administrative, disciplinary, and other functions of the Registration Authority under this Act.
17: Form of register
The register may be kept in the manner that the Registration Authority thinks fit, including, either wholly or partly, by means of a device or facility that—
a: records or shares information electronically or by other means; and
b: permits the information recorded to be readily inspected or reproduced in a usable form; and
c: permits the information recorded to be accessed by electronic means, including (without limitation) by means of remote log-on access.
18: Matters to be shown in register
1: The register must contain the following information for each registered person:
a: the name of the person; and
b: if the person consents, address details (including the electronic address if applicable) of the person; and
c: the following matters on the status and history of the person's registration:
i: the date on which the person was registered; and
ii: the period for which the most recent registration certificate was issued; and
iii: any order made on a disciplinary matter in the last 3 years; and
iv: any other current suspension or placing of registration in abeyance, the ground under this Act for the suspension or abeyance (eg, whether for non-payment of registration charges, required by the registered person, or on another ground), its period, and any conditions for its termination; and
d: any other information that the Registration Authority considers necessary or desirable for the purpose of the register.
2: The Registration Authority may publicly notify in the register an order made on a disciplinary matter, a suspension, or an abeyance (other than an abeyance required by the registered person) only if the person has not exercised his or her rights of appeal under sections 35 38
19: Register to be public
The Registration Authority must—
a: keep the register open for public inspection, without fee, during reasonable hours at the head office of the Registration Authority and at any other place that the Registration Authority determines to be necessary or appropriate; and
b: supply to a person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy. Disciplining of chartered professional engineers
20: Complaints on chartered professional engineers
1: Any person may complain to the Registration Authority about the conduct of a chartered professional engineer in accordance with the rules.
2: The Registration Authority must, as soon as practicable after receiving a complaint, investigate the complaint and determine whether or not to proceed with it.
2A: If the Registration Authority determines not to proceed with a complaint because the matter relates to a building practitioner who is licensed under the Building Act 2004
3: A complaint or inquiry, and any decision on the complaint or inquiry, may relate to a person who is no longer a chartered professional engineer, but who was a chartered professional engineer at the time of the relevant conduct. Section 20(2A) inserted 31 March 2005 section 414 Building Act 2004
21: Grounds for discipline of chartered professional engineers
1: The Registration Authority may (in relation to a matter raised by a complaint or by its own inquiries) make an order referred to in section 22
a: has been convicted, whether before or after he or she became registered, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more if, in the Authority's opinion, the commission of the offence reflects adversely on the person's fitness to practise engineering; or
b: has breached the code of ethics contained in the rules; or
c: has performed engineering services in a negligent or incompetent manner; or
d: has, for the purpose of obtaining registration or a registration certificate (either for himself or herself or for any other person),—
i: either orally or in writing, made any declaration or representation knowing it to be false or misleading in a material particular; or
ii: produced to the Authority or made use of any document knowing it to contain a declaration or representation referred to in subparagraph (i); or
iii: produced to the Authority or made use of any document knowing that it was not genuine.
2: The Registration Authority may make the order whether or not the person is still a chartered professional engineer.
3: The Registration Authority must comply with the applicable procedures under section 25
22: Disciplinary penalties
1: In any case to which section 21
a: the person's registration be removed, and that the person may not apply for re-registration before the expiry of a specified period:
b: the person's registration be suspended for a period of no more than 12 months or until the person meets specified conditions relating to the registration (but, in any case, not for a period of more than 12 months):
c: the person be censured:
d: the person must pay a fine not exceeding $5,000.
2: The Registration Authority may make only 1 type of order in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)(d) in addition to an order under subsection (1)(b) or subsection (1)(c).
3: No fine may be imposed under subsection (1)(d) in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.
4: In any case to which section 21
5: In addition to notifying the order in the register, the Registration Authority—
a: must notify the Registrar of Licensed Building Practitioners appointed under the Building Act 2004
b: may publicly notify the order in any other way that it thinks fit.
6: Subsection (5) applies only if—
a: the person has not exercised his or her rights of appeal under sections 35 38
b: has unsuccessfully exhausted his or her rights of appeal under those sections. Section 22(5) substituted 31 March 2005 section 414 Building Act 2004 Section 22(6) added 31 March 2005 section 414 Building Act 2004
23: Non-payment of fines or costs
If money payable by a person under section 22(1)(d) or section 22(4)
a: remove the person's registration; or
b: suspend the person's registration until the person pays the fine and, if he or she does not do so within 12 months, remove his or her registration. Decision-making functions and general procedure of decision authorities under this Part
24: Decision-making functions of Registration Authority and Council under this Part
1: Under this Part,—
a: the Registration Authority makes decisions relating to the registration of chartered professional engineers, the register, the complaints and disciplinary process for chartered professional engineers, and related matters:
b: the Council hears appeals on those decisions.
2: Subsection (1) is a guide only to the general scheme and effect of the different decision-making functions of the Registration Authority and Council under this Part.
25: Specified procedure for making decisions
In the performance and exercise of its decision-making functions and powers under this Part, a decision authority must—
a: give written notice of, and reasons for, its decision to any person to whom the decision relates; and
b: observe the rules of natural justice; and
c: in the case of the Registration Authority, comply with any applicable procedures under the rules; and
d: in the case of the Council, comply with any regulations made under section 65
26: Other procedure for making decisions
Except as otherwise provided in this Act, a decision authority may regulate its own procedure for making decisions under this Part. Powers and procedure of decision authorities on disciplinary matters
27: Registration Authority and Council may hear evidence for disciplinary matters
1: In relation to a disciplinary matter, a decision authority may—
a: receive evidence on oath (and for that purpose a member of the governing body of the decision authority or an employee of the decision authority may administer an oath):
b: permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or otherwise.
2: A hearing before a decision authority on a disciplinary matter is a judicial proceeding for the purposes of sections 108 109
28: District Court may authorise Registration Authority or Council to summon witnesses on disciplinary matters
1: A District Court Judge may, on the application of a decision authority or the person to whom the proceedings relate, give a certificate authorising the decision authority to issue a summons under section 29
2: A District Court Judge must not give a certificate under subsection (1) unless satisfied that—
a: the evidence of the witness is or may be material to the hearing of a disciplinary matter by the decision authority; and
b: it is necessary or desirable that the summons be issued to compel the attendance of the witness at the hearing.
29: Issuing of summons by Registration Authority or Council
1: A decision authority must, on production of a certificate referred to in section 28
a: give evidence:
b: give evidence under oath:
c: produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the hearing.
2: The summons must be in writing, be signed by a member of the governing body of the decision authority, and state—
a: the date and time when, and the place where, the person must attend; and
b: the documents, things, or information that the person is required to bring and produce to the decision authority; and
c: the entitlement to be tendered or paid a sum in respect of witnesses' fees, allowances, and expenses; and
d: the penalty for failing to attend.
3: A decision authority may require that any documents, things, or information produced under this section be verified by oath, statutory declaration, or otherwise.
30: Serving of summons
1: A summons may be served—
a: by delivering it personally to the person summoned; or
b: by posting it to the person summoned at that person's usual place of residence.
2: A summons must,—
a: if it is to be served under subsection (1)(a), be served at least 48 hours before the attendance of the witness is required:
b: if it is to be served under subsection (1)(b), be served at least 10 days before the attendance of the witness is required.
3: A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post.
31: Witnesses' fees, allowances, and expenses
1: A witness appearing before a decision authority under a summons is entitled to be paid witnesses' fees, allowances, and expenses in accordance with the scales prescribed for the time being by regulations under the Criminal Procedure Act 2011
2: The person requiring attendance of the witness must pay or tender to the witness the fees, allowances, and expenses at the time the summons is served or at some other reasonable time before the hearing. Section 31(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
32: Failure to comply with summons
1: A person summoned under section 29
a: fails to attend in accordance with the summons; or
b: does not give evidence when required to do so; or
c: does not give evidence under oath when required to do so; or
d: does not answer any question that is lawfully asked by a decision authority; or
e: does not provide any documents, things, or information that the summons requires the person to provide.
2: A person who commits an offence against this section is liable on
3: A person must not be convicted of an offence under this section if witnesses' fees, allowances, and expenses to which the person is entitled under section 31 Section 32(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
33: Protection for members of decision authorities and others for disciplinary matters
1: Neither a decision authority nor any committee, member, or employee of a decision authority is liable for any act or omission done, in good faith, in the pursuance or intended pursuance of their functions or duties or exercise of their powers under this Act or the rules in relation to disciplinary matters.
2: Every person who does the following things has the same privileges as witnesses have in a court:
a: provides documents, things, or information to a decision authority in relation to a disciplinary matter; or
b: gives evidence or answers questions at a hearing of a decision authority in relation to a disciplinary matter.
3: Every counsel appearing before a decision authority in relation to a disciplinary matter has the same privileges and immunities as counsel in a court.
34: Enforcement of orders
If a decision authority, acting in accordance with this Act and the rules in relation to a disciplinary matter, makes an order or otherwise exercises any power in respect of a person who is or was a chartered professional engineer, that order or other exercise of any power has effect whether or not that person remains a chartered professional engineer. Appeal of decisions
35: Right of appeal
1: The person to whom the decision relates or, if it is a disciplinary matter, the complainant may appeal to the Council against a decision of the Registration Authority under this Part.
2: The Registration Authority, the person to whom the decision relates, or, if it is a disciplinary matter, the complainant may appeal to the District Court
3: The appeal of a decision must be made by written notice to the Council or District Court (as the case may be) within—
a: 28 days after the person receives notice of the decision from the decision authority; or
b: any further time that the Council or District Court (as the case may be) allows on application made to it before the expiry of the 28-day period. Section 35(2) amended 1 March 2017 section 261 District Court Act 2016
36: Decisions to have effect until appeal
Subject to the order of the Council or District Court (as the case may be), every decision of the decision authority against which an appeal is lodged continues in effect according to its terms until the determination of the appeal.
37: Hearing and determination of appeal
1: Every appeal under section 35
2: An appeal to the Council is a rehearing and must be conducted in accordance with any regulations made under section 65
3: Unless the Council otherwise directs, on the rehearing, the record of the evidence adduced at the hearing before the Registration Authority must be placed before the Council, and it is not permissible to recall witnesses who gave evidence before the Registration Authority or to call other witnesses.
4: An appeal to the District Court is a rehearing and must be conducted in accordance with the District Court Rules made under section 228
5: The Council or District Court, as the case may be, may—
a: confirm, vary, or reverse the decision, or part of decision, to which the appeal relates:
b: refer the matter back to the decision authority for it to reconsider, either generally or in relation to specific matters, the whole or any part of the decision (together with any direction on that whole or part that the Council or District Court, as the case may be, thinks fit):
c: make any decision that could have been made by the decision authority:
d: make any order as to the payment of the costs of the appeal that it thinks fit.
6: Nothing in this Part gives the Council or District Court the power to review any part of the decision other than the part to which the appeal relates.
7: In reconsidering a decision referred back to it with a direction under this section, the decision authority must take account of the reasons for the direction and give effect to the direction. Section 37(4) replaced 1 March 2017 section 261 District Court Act 2016
38: Appeal to High Court on questions of law
1: If, in respect of any appeal to the District Court
2: Subject to subsection (3), every appeal under this section must be heard and determined by the High Court in accordance with rules of court.
3: Subpart 8 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016 Section 38(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
3: Registration Authority and Chartered Professional Engineers Council
Registration Authority
39: Functions of Registration Authority
The functions of the Registration Authority under this Act are to—
a: make, and always have, rules relating to chartered professional engineers that are prepared and approved in accordance with this Part:
b: register persons, issue registration certificates, assess continued registration, and carry out the other functions relating to registration in accordance with Part 2
c: keep and maintain the register and carry out the other functions relating to the register in accordance with Part 2
d: receive, investigate, and hear complaints about, inquire into the conduct of, and discipline, chartered professional engineers in accordance with Part 2
40: Rules relating to chartered professional engineers
1: The Registration Authority must make, and always have, rules containing the following minimum standards ( CPEng standards section 41
a: minimum standards of competence (including standards relating to knowledge and skills) in professional engineering that must be met for each class of
b: minimum standards for demonstrating current competence in professional engineering that must be met for continued registration in each class
c: a code of minimum standards of ethical conduct for chartered professional engineers.
2: The Registration Authority must also make, and always have, rules that govern all of the following matters: Title of chartered professional engineer
a: the form of words, initials, and abbreviations that may be used to represent a person as a chartered professional engineer (without limiting any others that may be used consistently with this Act):
b: the form of words, initials, and abbreviations that must be used if the title chartered professional engineer section 7(1)(b) Classes of registration of chartered professional engineers
ba: classes of registration of chartered professional engineers under this Act: Registration of chartered professional engineers
c: the information that must be provided by applicants for registration and registration certificates, and the way in which this information must be evaluated and decisions on the information must be made and implemented:
d: the period for which registration certificates are to be issued:
e: the information that must be provided by registered persons to demonstrate their current competence, and the way in which this information must be evaluated and decisions on the information must be made and implemented:
f: the way in which a proposed removal or suspension of registration (that does not relate to a disciplinary matter) or the placing of registration into abeyance is to be considered, decided on, and implemented, and any minimum and maximum periods for abeyances:
g: any additional matters that may be recorded on the register and the amendment of the register:
h: the charges payable in relation to registration and the issue of a registration certificate, which charges must be reasonable and for the purposes only of recovering the costs of the performance of the functions of the Registration Authority and the Council under this Act: Disciplining of chartered professional engineers
i: the information that must be provided by complainants, and the way in which this information must be evaluated and decisions on whether or not to proceed with the complaint must be made and implemented:
j: an investigating committee to investigate complaints about, and inquire into the conduct of, chartered professional engineers and former chartered professional engineers, and the powers and procedures of that committee under this Act:
k: a disciplinary committee to hear complaints and matters referred to it by the investigating committee, and the powers and procedures of that committee under this Act:
l: the way in which a disciplinary matter must be considered and decided on, and the way in which decisions on that matter must be implemented: Rule-making procedures
m: the making, amendment, and revocation of rules, including the requirements for consultation with persons affected by the rules in the preparation of those proposed rules, amendments, or revocations.
3: In addition, the Registration Authority may also make any other rules that—
a: are necessary or desirable to govern the practice and procedure of the Registration Authority's functions under this Act; or
b: the Registration Authority considers to be desirable in the interests of natural justice.
4: The rules must be consistent with this Act.
5: The rules are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40(1)(a) amended 31 March 2005 section 414 Building Act 2004 Section 40(1)(b) amended 31 March 2005 section 414 Building Act 2004 Section 40(2)(ba) heading inserted 31 March 2005 section 414 Building Act 2004 Section 40(2)(ba) inserted 31 March 2005 section 414 Building Act 2004 Section 40(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
41: Particular requirements for preparation and approval of rules containing CPEng standards
1: In preparing a rule containing a CPEng standard, the Registration Authority must—
a: ensure that the proposed rule is consistent with the purposes of this Act; and
b: consult with engineers and any persons that it reasonably considers to be representative of other persons or classes of persons affected by the proposed rule; and
c: take into account international best practice and New Zealand's international obligations.
2: The Registration Authority must not make a rule containing a CPEng standard unless the proposed rule is first approved by the Council under this section.
3: The Council must—
a: determine whether or not it approves a proposed rule as soon as practicable after the Registration Authority provides it to the Council; and
b: approve the proposed rule if it has reasonable grounds to be satisfied that the Registration Authority has complied with subsection (1).
4: The requirements of this section that apply to making a rule containing a CPEng standard apply also to any amendment or revocation of that rule.
42: Application of Legislation Act 2012 to rules
Section 42 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
43: Registration Authority may delegate functions
1: The Registration Authority may delegate any of its functions or powers under the Act or the rules to any person or persons.
2: The delegate—
a: may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the Registration Authority; and
b: may delegate the function or power if the delegation permits.
3: A delegate who purports to perform a function or exercise a power under a delegation is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.
4: A delegation under this section—
a: may be revoked at will by the Registration Authority; and
b: does not prevent the Registration Authority from performing the function or exercising the power. Chartered Professional Engineers Council
44: Establishment of Chartered Professional Engineers Council
An organisation called the Chartered Professional Engineers Council is established.
45: Functions of Council
The functions of the Council are to—
a: review and, if the proposed rules meet the applicable requirements, approve proposed rules containing CPEng standards in accordance with section 41
b: hear appeals from decisions of the Registration Authority in accordance with Part 2
c: review and report to the Minister on the performance and exercise of the Registration Authority's and the Council's respective functions and powers under this Act in accordance with this Part.
46: Body corporate status and powers
1: The Council is a body corporate with perpetual succession.
2: Subject to this Act and any other enactment, the Council has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
47: Powers to be exercised for purpose of functions
The Council must exercise its powers only for the purpose of performing its functions.
48: Members and their role
1: All decisions relating to the operation of the Council must be made by or under the authority of the board of the Council.
2: The board of the Council has all the powers necessary for carrying out its role under subsection (1).
49: Composition of board
The Council's board must have at least 6, but no more than 8, members appointed by the Section 49 amended 24 October 2019 section 16 Statutes Amendment Act 2019
50: Criteria for appointment
1: The Minister must appoint
a: 3 persons nominated by the Institution of Professional Engineers of New Zealand Incorporated; and
b: 1 person nominated by the Association of Consulting Engineers of New Zealand; and
c: 1 person
d: 1 to 3 other persons
2: The Minister—
a: must only appoint as a member of the Council a person who, in the Minister’s opinion, is qualified for appointment,—
i: having regard to the functions, duties, and powers of the Council; and
ii: because of that person’s knowledge, experience, or expertise; and
iii: having regard to the aim that the members collectively represent the range of engineering practices and disciplines; and
b: must not appoint a person who is a member of the governing body of the Registration Authority or an employee of the Registration Authority. Section 50(1) amended 24 October 2019 section 17(1) Statutes Amendment Act 2019 Section 50(1)(c) amended 24 October 2019 section 17(2) Statutes Amendment Act 2019 Section 50(1)(d) amended 24 October 2019 section 17(2) Statutes Amendment Act 2019 Section 50(2) replaced 24 October 2019 section 17(3) Statutes Amendment Act 2019
51: Further provisions as to Council and its board in Schedule 1
Schedule 1 Reporting by Registration Authority and Council
52: Registration Authority to provide annual performance report to Council
1: The Registration Authority must, no later than 31 March each year, give to the Council a report on the operations of the Registration Authority and the register during the 12 months ending on the preceding 31 December.
2: The report must include the following information:
a: the number of chartered professional engineers at the end of the 12-month period; and
b: the number of persons whom the Registration Authority registered and the number of persons whom the Registration Authority declined to register during the 12-month period; and
c: the number of persons whose registration was removed, suspended, or placed in abeyance during the 12-month period; and
d: the number of persons against whom the Registration Authority made a disciplinary order during the 12-month period; and
e: the amount of the charge or charges payable in relation to registration or the issue of a registration certificate during the 12-month period; and
f: any other information that the Council reasonably requires.
53: Council to provide annual performance reports on Registration Authority to Minister
1: The Council must, as soon as practicable after a report is provided to it under section 52
2: The Council's report must include an assessment of the Registration Authority's performance and exercise of its functions and powers under this Act during that 12-month period.
54: Obligation for Council to prepare own annual report
1: The Council must prepare an annual report on its operations for each financial year as soon as practicable after the end of that financial year.
2: The report must contain the following information and reports in respect of the financial year to which it relates:
a: a report on its operations, including the information that is necessary to enable an informed assessment to be made of the Council's performance and exercise of its functions and powers under this Act during the financial year; and
b: section 55
c: the auditor's report in accordance with section 56
3: The annual report must be dated and signed on behalf of the Council's board by 2 members. Section 54(2)(b) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
55: Financial
1: The Council must ensure that, within 3 months after the end of the financial year, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Council and that financial year; and
b: dated and signed on behalf of the Council by 2 members of the Council.
2: The financial statements must contain, in relation to each financial statement, budgeted figures for the financial year.
2A: In this Act,— financial statements section 6 generally accepted accounting practice section 8
3: The statement of responsibility for the financial statements must—
a: contain a statement of the board's responsibility for the preparation of the
b: contain a statement of the board's responsibility for establishing and maintaining a system of internal control that is designed to provide reasonable assurance as to the integrity and reliability of financial reporting. Section 55 heading amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(1) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(2) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(2A) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(3)(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
56: Audit
1: The Council must, within 3 months section 54(2)(a) and (b)
2: The Auditor-General must audit those documents, and provide an audit report on them to the Council, within 30 days after receiving them. Section 56(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
57: Obligation for Council to provide own annual report to Minister
The Council must provide the annual report to the Minister as soon as practicable after receiving the audit report.
58: Council to publish reports
As soon as practicable after giving a report to the Minister under section 53 57 Section 58 replaced 24 October 2019 section 18 Statutes Amendment Act 2019
59: Annual reports to be presented to House of Representatives
The Minister must present a copy of each report given to him or her under sections 53 57
60: Power of Minister to require information relating to affairs of Council
1: The Council must supply to the Minister any information relating to the affairs of the Council that the Minister requests.
2: However, a request may be refused if—
a: withholding the information is necessary to protect the privacy of any person (whether or not a natural person or a deceased natural person) and there would, under the Official Information Act 1982
i: the request had been made under section 12
ii: section 9(2)(a)
iii: the need to protect the privacy of any person is not outweighed by the Minister's need to have the information in order to discharge the Minister's ministerial duties; or
b: the information relates to a particular matter in respect of which the Council or any person appointed or employed by the Council is required to act judicially.
61: Financial year of Council
The financial year of the Council ends on 30 June or on any other date determined by the Minister.
4: Miscellaneous provisions
Miscellaneous
62: Certificate of Registration Authority or Council to be conclusive evidence
1: A certificate as to any of the following matters given in writing by any person authorised by the Registration Authority in writing to provide such certificates is conclusive evidence of that matter, in the absence of proof to the contrary:
a: as to whether or not a person is registered at any time:
b: as to whether or not a person holds a current registration certificate at any time:
c: as to any entry in the register:
d: as to any act or proceeding of the Registration Authority or of any committee of the Registration Authority.
2: A certificate given in writing by a member of the Council as to any act or proceeding of the Council or of any committee of the Council is conclusive evidence of that matter, in the absence of proof to the contrary.
63: Payment and application of charges, fines, and other money
1: All charges, fines, and other money payable by a person under this Act (other than the levy payable under section 64
a: are payable to the Registration Authority:
b: are recoverable as a debt due to the Registration Authority from that person, whether or not he or she remains a chartered professional engineer:
c: may be applied by the Registration Authority as it considers appropriate in the performance of its functions and duties and the exercise of its powers under this Act.
2: For the purposes of this section, fine
64: Annual levy to be paid by Registration Authority to Council
1: The Registration Authority must pay to the Council, in each financial year to which the regulations apply, a levy of the amount stated in, or calculated in accordance with, regulations made under section 65
2: The Minister must, before recommending the making of regulations,—
a: consult with the Registration Authority and the Council; and
b: calculate the amount of levy to be paid so as to ensure that the estimated costs of performing those functions may be met out of the levy.
3: The regulations may specify the financial year or part financial year to which the levy applies, and the regulations may apply the levy to that financial year or part financial year and each subsequent financial year until revoked or replaced.
4: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Council.
65: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister given after consultation with the Council, make regulations for all or any of the following purposes:
a: providing for the levy under section 64
b: prescribing rules for the conduct of appeals under this Act by the Council:
c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional and consequential provisions—Outline
66: Outline of transitional and consequential provisions
1: The general scheme and effect of the transitional and consequential provisions is as follows:
a: the Council is established on 1 July 2002 (the commencement date
b: during the period on and from the commencement date until 31 December 2002 (the establishment period
c: during the establishment period, registrations of registered engineers under the Engineers Registration Act 1924 continue, but at the end of that period they must cease and registrations of chartered professional engineers may start:
d: for the period on and from the commencement date until 31 December 2003 (the transitional period
e: at the end of the transitional period, the title of registered engineer ceases, and other consequential amendments and repeals are made.
2: This section is a guide only to the general scheme and effect of these provisions. Transitional and consequential provisions relating to establishment of Council
67: Members of Engineers Registration Board to be members of Council on commencement date
1: The persons holding office, immediately before the commencement date, as members of the Engineers Registration Board are to be treated as if they were also appointed on the commencement date as members of the Council.
2: A member holds office under subsection (1) until—
a: a member is appointed under Schedule 1
b: the person resigns as a member under Schedule 1
c: the person is removed from office under Schedule 1
d: in any other case, the date on which the Engineers Registration Board is dissolved under section 74
68: Engineers Registration Board to pay start-up amount to Council
The Engineers Registration Board must pay to the Council an amount of $65,000 as soon as practicable after the commencement date.
69: Related amendments to other Acts
Amendment(s) incorporated in the Act(s). Transitional and consequential provisions relating to establishment of register of chartered professional engineers
70: Rules must be made and provided to Council before 1 November 2002
The Registration Authority must, in accordance with Part 3 section 40(2) section 41
71: Registration Authority not to register persons for 6-month establishment period
Despite the rest of this Act, the Registration Authority must not register any person under the rules or issue any registration certificate (but may take all other preliminary steps) until the end of the establishment period.
72: Related amendment to Privacy Act 1993 at end of establishment period
Amendment(s) incorporated in the Act(s) Transitional and consequential provisions relating to ending of title of registered engineer
73: Engineers Registration Board to cease new registrations from end of establishment period
On and from the end of the establishment period, the Engineers Registration Board must not register any person as an engineer under the Engineers Registration Act 1924.
74: Dissolution of Engineers Registration Board at end of transitional period
On the end of the transitional period,—
a: the Engineers Registration Board is dissolved; and
b: all property of any nature belonging to the Engineers Registration Board is vested in the Council, subject to all liabilities, charges, obligations, or trusts affecting the property; and
c: all money payable to the Engineers Registration Board is payable to the Council; and
d: all liabilities and obligations of any nature (other than under contracts of employment), and all rights and authorities of any nature, of the Engineers Registration Board are the liabilities, obligations, rights, and authorities of the Council.
75: Repeal of Engineers Registration Act 1924 at end of transitional period
1: On the end of the transitional period, the Engineers Registration Act 1924 (1924 No 16) is repealed.
2: On the end of the transitional period, the Engineers Registration Regulations 1999 (SR 1999/129) are revoked.
(3), (4): Amendment(s) incorporated in the Act(s).
5: Despite subsection (1), the Engineers Registration Act 1924 continues to apply in respect of any court action commenced under it before it is repealed under this section.
76: Other enactments amended at end of transitional period
On the end of the transitional period, the enactments specified in Schedule 2
77: Prohibition on use of title of registered engineer from end of transitional period
1: On and from the end of the transitional period, no person may use in connection with his or her business, trade, employment, calling, or profession—
a: the title registered engineer
b: any written words, titles, initials, or abbreviations of words, titles, or initials that are intended to cause, or that may reasonably cause, any other person to believe that he or she is registered under the Engineers Registration Act 1924
2: A person who contravenes subsection (1) commits an offence, and is liable on Section 77(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011