1: Title
This Act is the New Zealand Trade and Enterprise Act 2003.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 July 2003.
3: Purpose
1: The purpose of this Act is to support the development of internationally competitive New Zealand business by establishing New Zealand Trade and Enterprise.
2: New Zealand Trade and Enterprise is the Crown entity responsible for facilitating (in co-operation with industry, central and local government, and relevant community groups) the development and implementation of strategies, programmes, and activities for trade, industry, and regional development as directed by the Government.
4: Overview
In this Act,—
a: this Part deals with preliminary matters, including the purpose of this Act, interpretation, and the application of this Act to the Crown:
b: Part 2 Schedules 1 to 3
i: provisions relating to the establishment of NZTE ( sections 7 to 13 sections 14 to 16 sections 17 18 section 19 sections 25 to 27 Schedules 1 to 3
ii: provisions regarding the Chief Executive of NZTE, employees, superannuation, and the liability of members, and employees ( sections 28 to 42
iii: provisions regarding dealings with third parties by NZTE ( sections 43 to 47 sections 48 to 53 sections 54 to 64 sections 65 to 72
c: Part 3 section 74 sections 75 to 82 Public Records Act 2005 section 83 section 84 Schedule 4 section 85 Section 4(c) amended 21 April 2005 section 67(1) Public Records Act 2005
5: Interpretation
In this Act, unless the context otherwise requires,— board enactment former agency
a: Industry New Zealand:
b: Trade New Zealand industry Industry New Zealand Minister NZTE
a: means New Zealand Trade and Enterprise established under section 7
b: subsidiary section 7 Trade New Zealand section 3 of the New Zealand Trade Development Board Act 1988 transferred employee
a: immediately before the commencement of this Act, is employed by a former agency; and
b: is transferred to NZTE under section 76 Section 5 borrow repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 committee repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 deputy chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 equal employment opportunities programme repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 fees framework repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 good employer repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 member repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 NZTE repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 subsidiary substituted 25 January 2005 section 200 Crown Entities Act 2004
6: Act binds the Crown
This Act binds the Crown.
2: New Zealand Trade and Enterprise
Establishment of NZTE
7: Establishment
This section establishes New Zealand Trade and Enterprise.
8: Crown entity status
1: NZTE is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
3: Members of NZTE are the board for the purposes of the Crown Entities Act 2004 Section 8 substituted 25 January 2005 section 200 Crown Entities Act 2004
9: Functions
1: The functions of NZTE are to—
a: contribute to a supportive environment for sustainable economic development by—
i: fostering collaborative networks and partnerships between central government, local government, industry, trade unions, regions, education and research organisations, potential investors, and individual enterprises; and
ii: encouraging the development and delivery of economic development services by the private and non-government sector; and
iii: co-ordinating the delivery of government economic development assistance to industry, regions, and individual businesses:
b: provide a conduit for input and advice from industry, trade unions, local government, regions, education and research organisations, potential investors, and individual enterprises on programmes to implement the Government's policies for economic, industry, and regional development:
c: enhance industry and regional enterprise and entrepreneurial capabilities by—
i: providing information; and
ii: facilitating access to skills, expertise, and resources:
d: contribute to increased exports from, and investment in, New Zealand by—
i: strengthening global linkages through trade and investment promotion; and
ii: providing appropriate business and market development assistance:
e: carry out any additional function in relation to trade, industry, and regional development that is added by the Minister in accordance with section 112
f:
2:
3: Section 9(1)(e) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 9(1)(f) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
10: NZTE is body corporate
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Capacity and powers
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Compliance with government policy
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Requirements for notices and Ministerial directions
Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004 Membership, role, and accountability of board
14: Membership of board
1: The board must have at least 3 members, but not more than 9 members.
2: Section 14(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Board's role
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Accountability of members to Minister
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 Minister's role Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Minister's role
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Minister responsible to House of Representatives
Section 18 repealed 25 January 2005 section 200 Crown Entities Act 2004 Special advisers
19: Special advisers
1: The Minister may appoint the persons referred to in subsection (2) as special advisers to assist the board in aligning its strategy and activities with government policy.
2: The persons are
a: the Secretary of Foreign Affairs and Trade; and
b: the Chief Executive of the Ministry of Economic Development.
3: A special adviser is not a member, but may attend meetings of the board.
4: A special adviser may also attend meetings of any of the committees of the board, but is not to be regarded as a member of the committee.
5: For the purposes of subsection (3) or subsection (4), each special adviser must be given reasonable notice of the time and place of every meeting of the board or of its committees (as the case may be) and any written material or document that relates to matters to be considered at the meeting by,—
a: in the case of meetings of the board, the chairperson, the deputy chairperson, or the member or members calling the meeting; or
b: in the case of meetings of a committee, the member or members calling the meeting. Section 19(2) editorial change 21 May 2025 sections 86(1) 87(l)(i) Legislation Act 2019 Delegation by board
20: Persons to whom board may delegate functions, duties, and powers
Section 20 repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Certain powers must not be delegated
1: The board must not delegate any of the following powers:
a: the power to acquire or dispose of real property:
b: the power to form and register a subsidiary:
c: the power to borrow money:
d: the power to appoint a chief executive.
2: In other respects, section 73 Section 21(2) added 25 January 2005 section 200 Crown Entities Act 2004
22: Effect of delegation
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Presumption of acting in accordance with delegation
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Other matters relating to delegation
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004 Committees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Board may appoint committees
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Membership of committee
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Committee to regulate own procedure
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004 Chief Executive of NZTE
28: Appointment of chief executive
1: The board must appoint a chief executive.
2: The chief executive must not be a member.
3: The chief executive is responsible to the board for the efficient and effective administration of the affairs of NZTE.
29: Terms and conditions of chief executive's employment
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Delegation of functions, duties, or powers by chief executive
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 Employees of NZTE Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Personnel policy
Section 31 repealed 25 January 2005 section 200 Crown Entities Act 2004
32: Equal employment opportunities programme
Section 32 repealed 25 January 2005 section 200 Crown Entities Act 2004 Superannuation
33: Establishment of superannuation schemes
Section 33 repealed 25 January 2005 section 200 Crown Entities Act 2004
34: Government Superannuation Fund
1: A person who, immediately before becoming an employee of NZTE, was a contributor to the Government Superannuation Fund under Part 2 Part 2A
2: The Government Superannuation Fund Act 1956
3: A person employed by NZTE who ceases to be a contributor to the Government Superannuation Fund is not subsequently entitled to become a contributor.
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
35: Employees not in service of the Crown
Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004 Corruption and bribery, and corrupt use of official information Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
36: Members and employees are officials
Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004 Protections from liability of members and employees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
37: Protections for members and employees from liabilities of NZTE
Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Immunity of members and employees from civil liability to third parties
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Indemnity for members and employees for costs from civil and criminal proceedings
Section 39 repealed 25 January 2005 section 200 Crown Entities Act 2004
40: Insurance for members and employees
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Breach of indemnity and insurance limits
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Definitions for protections from liability
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004 Dealings with third parties by NZTE Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
43: Execution of documents
Section 43 repealed 25 January 2005 section 200 Crown Entities Act 2004
44: Method of contracting
Section 44 repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Attorneys
Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Dealings between NZTE and other persons
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Presumption of authority to execute document
Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
48: Funds of NZTE
Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004
49: Bank accounts
Section 49 repealed 25 January 2005 section 200 Crown Entities Act 2004
50: Investment of money
Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004
51: NZTE not to borrow without consent of Minister of Finance
Section 51 repealed 25 January 2005 section 200 Crown Entities Act 2004
52: Auditor-General to be auditor of NZTE
Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004
53: NZTE deemed to be public authority
Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004 Planning—Statement of intent Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
54: Purpose of statement of intent
Section 54 repealed 25 January 2005 section 200 Crown Entities Act 2004
55: Obligation to prepare statement of intent
Section 55 repealed 25 January 2005 section 200 Crown Entities Act 2004
56: Form and content of statement of intent
Section 56 repealed 25 January 2005 section 200 Crown Entities Act 2004
57: Ministerial involvement in statements of intent
Section 57 repealed 25 January 2005 section 200 Crown Entities Act 2004
58: Process for providing statement of intent to Minister
Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004
59: Application and term of statement of intent
Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004
60: Amendments to statement of intent
Section 60 repealed 25 January 2005 section 200 Crown Entities Act 2004
61: Optional amendments by NZTE
Section 61 repealed 25 January 2005 section 200 Crown Entities Act 2004
62: Mandatory amendments
Section 62 repealed 25 January 2005 section 200 Crown Entities Act 2004
63: Amendments to statement of intent by Minister
Section 63 repealed 25 January 2005 section 200 Crown Entities Act 2004
64: Minister to present statement of intent and amendments to House of Representatives
Section 64 repealed 25 January 2005 section 200 Crown Entities Act 2004 Reporting—Annual report Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
65: Obligation to prepare annual report
Section 65 repealed 25 January 2005 section 200 Crown Entities Act 2004
66: Form and content of annual report
Section 66 repealed 25 January 2005 section 200 Crown Entities Act 2004
67: Form and content of statement of service performance
Section 67 repealed 25 January 2005 section 200 Crown Entities Act 2004
68: Form and content of annual financial statements
Section 68 repealed 25 January 2005 section 200 Crown Entities Act 2004
69: Statement of responsibility
Section 69 repealed 25 January 2005 section 200 Crown Entities Act 2004
70: Audit
Section 70 repealed 25 January 2005 section 200 Crown Entities Act 2004
71: Obligation to provide annual report to Minister
Section 71 repealed 25 January 2005 section 200 Crown Entities Act 2004
72: Minister to present annual report to House of Representatives
Section 72 repealed 25 January 2005 section 200 Crown Entities Act 2004 Review of NZTE's operations and performance Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
73: Review of NZTE's operations and performance
Section 73 repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Miscellaneous provisions
Dissolution of former agencies
74: Former agencies dissolved
The former agencies are dissolved. Transitional provisions
75: Assets and liabilities vest in NZTE
All rights, assets, liabilities, and debts that a former agency had immediately before the commencement of this Act must be treated as the rights, assets, liabilities, and debts of NZTE on that commencement.
76: Transfer of employees
NZTE may, after consulting the employee concerned, transfer a person who is employed by a former agency immediately before the commencement of this Act to NZTE.
77: Terms and conditions of employment for transferred employee
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the date of the person's transfer to NZTE.
2: Subsection (1)—
a: continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee or his or her representative and NZTE; but
b: does not apply to a transferred employee who receives any subsequent employment with NZTE.
78: Continuity of employment
1: Every transferred employee becomes an employee of NZTE on the date of transfer.
2: However, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the employee,—
a: the contract of employment of that employee must be treated as unbroken; and
b: the employee's period of service with a former agency, and every other period of service of that employee that is recognised by a former agency as continuous service, must be treated as a period of service with NZTE.
79: No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
a: the position held by the person in a former agency has ceased to exist; or
b: the person has ceased (as a result of the transfer to NZTE) to be an employee of a former agency.
80: Final reports and accounts
1: As soon as practicable after the commencement of this Act, NZTE must arrange for the final report of each former agency to be delivered to the Minister.
2: The report must—
a: describe the former agency's operations for the period beginning on 1 July 2002 and ending with the close of 30 June 2003; and
b: include—
i: financial statements of that agency prepared, in accordance with Part 5
ii: an audit report prepared by the Auditor-General and a statement of responsibility relating to those financial statements.
3: The Minister must present a copy of every report under this section to the House of Representatives under section 44A
81: References to former agency
Unless the context otherwise requires, every reference to a former agency in any enactment, agreement, deed, instrument, application, notice, or in any other document in force immediately before the commencement of this Act must, on or after that commencement, be read as a reference to NZTE.
82: Proceedings of former agency
1: Any proceedings to which a former agency is a party before the commencement of this Act may be continued, completed, and enforced by or against NZTE.
2: This section is for the avoidance of doubt. Application of Public Records Act 2005 Heading substituted 21 April 2005 section 67(1) Public Records Act 2005
83: Public Records Act 2005 to apply
NZTE is a public office for the purposes of the Public Records Act 2005 Section 83 substituted 21 April 2005 section 67(1) Public Records Act 2005 Consequential amendments
84: Consequential amendments
The Acts specified in Schedule 4 Repeals
85: Repeals
The New Zealand Trade Development Board Act 1988 (1988 No 160) and the Industry New Zealand Act 2000 (2000 No 27) are repealed.


Prostitution Reform Act 2003

1: Title
This Act is the Prostitution Reform Act 2003.
1: Preliminary provisions
2: Commencement
1: This Act (other than the provisions referred to in subsection (2)) comes into force on the day after the date on which it receives the Royal assent.
2: Part 3 sections 49 50(2)
3: Purpose
The purpose of this Act is to decriminalise prostitution (while not endorsing or morally sanctioning prostitution or its use) and to create a framework that—
a: safeguards the human rights of sex workers and protects them from exploitation:
b: promotes the welfare and occupational health and safety of sex workers:
c: is conducive to public health:
d: prohibits the use in prostitution of persons under 18 years of age:
e: implements certain other related reforms.
4: Interpretation
1: In this Act, unless the context otherwise requires,— brothel business of prostitution client commercial sexual services
a: involve physical participation by a person in sexual acts with, and for the gratification of, another person; and
b: are provided for payment or other reward (irrespective of whether the reward is given to the person providing the services or another person) member premises prostitution Prostitution Law Review Committee section 43 public place
a: means a place that is open to, or being used by, the public, whether admission is free or on payment of a charge and whether any owner or occupier of the place is lawfully entitled to exclude or eject a person from that place; and
b: includes any aircraft, hovercraft, ship, ferry, or other vessel, train, or vehicle carrying or available to carry passengers for reward sex worker small owner-operated brothel
a: at which not more than 4 sex workers work; and
b: where each of those sex workers retains control over his or her individual earnings from prostitution carried out at the brothel territorial authority section 5(1)
2: In this Act, a reference to providing receiving
5: Definition of operator
1: In this Act, operator
a: is the director of a company that is an operator; or
b: determines—
i: when or where an individual sex worker will work; or
ii: the conditions in which sex workers in the business work; or
iii: the amount of money, or proportion of an amount of money, that a sex worker receives as payment for prostitution; or
c: is a person who employs, supervises, or directs any person who does any of the things referred to in paragraph (b).
2: Despite anything in subsection (1), a sex worker who works at a small owner-operated brothel is not an operator of that business of prostitution, and, for the purposes of this Act, a small owner-operated brothel does not have an operator.
6: Act binds the Crown
This Act binds the Crown.
2: Commercial sexual services
Contracts for commercial sexual services not void
7: Contract for provision of commercial sexual services not void
No contract for the provision of, or arranging the provision of, commercial sexual services is illegal or void on public policy or other similar grounds. Health and safety requirements
8: Operators of businesses of prostitution must adopt and promote safer sex practices
1: Every operator of a business of prostitution must—
a: take all reasonable steps to ensure that no commercial sexual services are provided by a sex worker unless a prophylactic sheath or other appropriate barrier is used if those services involve vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections; and
b: take all reasonable steps to give health information (whether oral or written) to sex workers and clients; and
c: if the person operates a brothel, display health information prominently in that brothel; and
d: not state or imply that a medical examination of a sex worker means the sex worker is not infected, or likely to be infected, with a sexually transmissible infection; and
e: take all other reasonable steps to minimise the risk of sex workers or clients acquiring or transmitting sexually transmissible infections.
2: Every person who contravenes subsection (1) commits an offence and is liable on
3: The obligations in this section apply only in relation to commercial sexual services provided for the business and to sex workers and clients in connection with those services.
4: In this section, health information Section 8(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Sex workers and clients must adopt safer sex practices
1: A person must not provide or receive commercial sexual services unless he or she has taken all reasonable steps to ensure a prophylactic sheath or other appropriate barrier is used if those services involve vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections.
2: A person must not, for the purpose of providing or receiving commercial sexual services, state or imply that a medical examination of that person means that he or she is not infected, or likely to be infected, with a sexually transmissible infection.
3: A person who provides or receives commercial sexual services must take all other reasonable steps to minimise the risk of acquiring or transmitting sexually transmissible infections.
4: Every person who contravenes subsection (1), subsection (2), or subsection (3) commits an offence and is liable on Section 9(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Application of
Health and Safety at Work Act 2015
1: A sex worker is at work for the purposes of the Health and Safety at Work Act 2015
2: However, nothing in this Act (including subsection (1)) limits that Act or any regulations or approved codes of practice under that Act. Section 10 heading amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 10(1) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Advertising restrictions
11: Restrictions on advertising commercial sexual services
1: Advertisements for commercial sexual services may not be—
a: broadcast on radio or television; or
b: published in a newspaper or periodical, except in the classified advertisements section of the newspaper or periodical; or
c: screened at a public cinema.
2: A person who does any of the things described in subsection (1), or who authorises any of the things described in that subsection to be done, commits an offence and is liable on
a: in the case of a body corporate, a fine not exceeding $50,000; and
b: in any other case, a fine not exceeding $10,000.
3: In this section, advertisement Section 11(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Territorial authority may make bylaws
12: Bylaws controlling signage advertising commercial sexual services
1: A territorial authority may make bylaws for its district that prohibit or regulate signage that is in, or is visible from, a public place, and that advertises commercial sexual services.
2: Bylaws may be made under this section only if the territorial authority is satisfied that the bylaw is necessary to prevent the public display of signage that—
a: is likely to cause a nuisance or serious offence to ordinary members of the public using the area; or
b: is incompatible with the existing character or use of that area.
3: Bylaws made under this section may prohibit or regulate signage in any terms, including (without limitation) by imposing restrictions on the content, form, or amount of signage on display.
4: Parts 8 9 section 145
13: Procedure for making bylaws
1: A bylaw made under section 12 Local Government Act 2002
2: Despite subsection (1), a bylaw may be made under section 12 section 155(3) New Zealand Bill of Rights Act 1990
14: Bylaws regulating location of brothels
Without limiting section 145 section 146 Resource consents
15: Resource consents in relation to businesses of prostitution
1: When considering an application for a resource consent under the Resource Management Act 1991
a: is likely to cause a nuisance or serious offence to ordinary members of the public using the area in which the land is situated; or
b: is incompatible with the existing character or use of the area in which the land is situated.
2: Having considered the matters in subsection (1)(a) and (b) as well as the matters it is required to consider under the Resource Management Act 1991 sections 104A to 104D section 108
3: Subsection (1) does not limit or affect the operation of the Resource Management Act 1991 district plan or proposed district plan Section 15(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 15(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 15(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Protections for sex workers
16: Inducing or compelling persons to provide commercial sexual services or earnings from prostitution
1: No person may do anything described in subsection (2) with the intent of inducing or compelling another person ( person A
a: provide, or to continue to provide, commercial sexual services to any person; or
b: provide, or to continue to provide, to any person any payment or other reward derived from commercial sexual services provided by person A.
2: The acts referred to in subsection (1) are any explicit or implied threat or promise that any person ( person B
a: improperly use, to the detriment of any person, any power or authority arising out of—
i: any occupational or vocational position held by person B; or
ii: any relationship existing between person B and person A:
b: commit an offence that is punishable by imprisonment:
c: make an accusation or disclosure (whether true or false)—
i: of any offence committed by any person; or
ii: of any other misconduct that is likely to damage seriously the reputation of any person; or
iii: that any person is unlawfully in New Zealand:
d: supply, or withhold supply of, any controlled drug within the meaning of the Misuse of Drugs Act 1975
3: Every person who contravenes subsection (1) commits an offence and is liable on conviction Section 16(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
17: Refusal to provide commercial sexual services
1: Despite anything in a contract for the provision of commercial sexual services, a person may, at any time, refuse to provide, or to continue to provide, a commercial sexual service to any other person.
2: The fact that a person has entered into a contract to provide commercial sexual services does not of itself constitute consent for the purposes of the criminal law if he or she does not consent, or withdraws his or her consent, to providing a commercial sexual service.
3: However, nothing in this section affects a right (if any) to rescind or cancel, or to recover damages for, a contract for the provision of commercial sexual services that is not performed. Protections for persons refusing to work as sex workers
18: Refusal to work as sex worker does not affect entitlements
1: A person's benefit, or entitlement to a benefit, under the Social Security Act 2018
2: A person's entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001
3: In this section, refusal means a refusal Section 18(1) amended 26 November 2018 section 459 Social Security Act 2018 Application of Immigration Act 2009
19: Application of Immigration Act 2009
1: No visa may be granted under the Immigration Act 2009
a: has provided, or intends to provide, commercial sexual services; or
b: has acted, or intends to act, as an operator of a business of prostitution; or
c: has invested, or intends to invest, in a business of prostitution.
2: It is a condition of every temporary entry class visa granted under the Immigration Act 2009
a: provide commercial sexual services; or
b: act as an operator of a New Zealand business of prostitution; or
c: invest in a New Zealand business of prostitution.
3: It is sufficient reason for the Minister of Immigration or an immigration officer to determine that a temporary entry class visa holder is liable for deportation under section 157
4: Any conditions of a resident visa are deemed not to have been met and the resident is liable for deportation under section 159
5: This section applies to all visas and permits held and all requirements and conditions imposed under the Immigration Act 1987 Immigration Act 2009 Section 19 substituted 29 November 2010 section 406(1) Immigration Act 2009 Prohibitions on use in prostitution of persons under 18 years
20: No person may assist person under 18 years in providing commercial sexual services
No person may cause, assist, facilitate, or encourage a person under 18 years of age to provide commercial sexual services to any person.
21: No person may receive earnings from commercial sexual services provided by person under 18 years
No person may receive a payment or other reward that he or she knows, or ought reasonably to know, is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age.
22: No person may contract for commercial sexual services from, or be client of, person under 18 years
1: No person may enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person.
2: No person may receive commercial sexual services from a person under 18 years of age.
23: Offence to breach prohibitions on use in prostitution of persons under 18 years
1: Every person who contravenes section 20 section 21 section 22
2: No person contravenes section 20
3: No person under 18 years of age may be charged as a party to an offence committed on or with that person against this section. Section 23(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Powers to enter and inspect compliance with health and safety requirements
24: Purpose of inspection
1: The powers of inspection in section 26 section 8 section 9
2: This section does not limit the ability of an inspector to report any other offence or suspected offence to the Police or any other relevant agency.
25: Inspectors
1: Every person designated as a Medical Officer of Health by the Director-General of Health under the Health Act 1956
2: A Medical Officer of Health may also appoint persons as inspectors for his or her health district, on a permanent or temporary basis, for the purposes of this Act.
3: A Medical Officer of Health may appoint a person as an inspector only if satisfied that he or she is suitably qualified or trained to carry out that role.
4: That appointment must be in writing and must contain—
a: a reference to this section; and
b: the full name of the appointed person; and
c: a statement of the powers conferred on the appointed person by section 26 section 24
26: Powers to enter and inspect compliance with health and safety requirements
1: An inspector may, at any reasonable time, enter premises for the purpose of carrying out an inspection if he or she has reasonable grounds to believe that a business of prostitution is being carried on in the premises.
2: For the purposes of the inspection, the inspector may—
a: conduct reasonable inspections:
b: take photographs and measurements and make sketches and recordings:
c: require any of the following persons to provide information or assistance reasonably required by the inspector:
i: a person who operates the business of prostitution, or an employee or agent of that person:
ii: a sex worker or client of the business of prostitution:
d: take copies of the information referred to in paragraph (c).
3: An inspector may seize and retain any thing in premises entered under this section that the inspector has reasonable grounds to believe will be evidence of the commission of an offence against section 8 section 9
4: Nothing in this section limits or affects the privilege against self-incrimination.
5: An inspector may take any person acting under the inspector's direct supervision into the premises to assist him or her with the inspection.
27: Entry of homes
1: An inspector may not enter a home under section 26
a: has the consent of an occupier of that home; or
b: is authorised to do so by a warrant issued under subsection (2).
2: A District Court Judge, Justice, Community Magistrate, or Registrar of the District Court constable
a: a business of prostitution is being carried on in the home; or
b: the home or the part of the home is the only practicable means through which to enter premises where a business of prostitution is being carried on.
3: The warrant must be directed to an inspector by name and must be in the prescribed form. Section 27(2) amended 1 March 2017 section 261 District Court Act 2016 Section 27(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
28: Requirements when carrying out inspection
1: An inspector must, on entering premises under section 26
a: evidence of his or her designation as a Medical Officer of Health or appointment as an inspector by a Medical Officer of Health; and
b: evidence of his or her identity; and
c: a statement of the powers conferred on the inspector by section 26 section 24
d: if entering a home under a warrant issued under section 27(2)
2: If the owner or occupier of the premises is not present at the time an inspector enters and inspects the premises, the inspector must—
a: leave in a prominent location at those premises a written statement that includes the following information:
i: the time and date of the entry; and
ii: the name of the person who entered the premises; and
iii: the fact that the person is an inspector; and
iv: the reasons for the entry; and
v: the address of the office of the Ministry of Health to which enquiries should be made; and
b: take all other reasonable steps to give that information to the owner or occupier of the premises.
3: If any thing is seized in the course of an inspection, the inspector must leave in a prominent location at the premises, or deliver or send by registered mail to the owner or occupier within 10 working days after the entry, a written inventory of all things seized.
4: Section 199
29: Obstructing inspectors
Every person commits an offence, and is liable on Section 29 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Powers of entry
30: Warrant for Police to enter
1: An issuing officer (within the meaning of section 3
a: there is good cause to suspect that an offence under either of the following provisions is being, has been, or is likely to be committed in the place:
i: section 23
ii: section 34
b: there are reasonable grounds to believe that it is necessary for a constable
2: The provisions of Part 4
3: Section 30(1) amended 1 October 2012 section 293(2) Search and Surveillance Act 2012 Section 30(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 30(2) replaced 1 October 2012 section 293(3) Search and Surveillance Act 2012 Section 30(3) repealed 1 October 2012 section 293(3) Search and Surveillance Act 2012
31: Form and content of warrant
Section 31 repealed 1 October 2012 section 293(4) Search and Surveillance Act 2012
32: Powers conferred by warrant
Section 32 repealed 1 October 2012 section 293(4) Search and Surveillance Act 2012
33: Requirements when executing warrant
Section 33 repealed 1 October 2012 section 293(4) Search and Surveillance Act 2012
3: Operator certificates
34: Operators of businesses of prostitution to hold certificates
1: Every operator of a business of prostitution (other than a company) must hold a certificate issued under section 35
2: Every person who, while required by subsection (1) to hold a certificate, does not hold a certificate commits an offence and is liable on
3: If a person who is charged under subsection (2) claims that he or she is not an operator because he or she is a sex worker at a small owner-operated brothel and is not an operator of any other business of prostitution, it is for the person charged to prove that assertion on the balance of probabilities.
4: Despite subsection (2), no person may be convicted of an offence under that subsection if the period during which the person does not hold a certificate is the first 6 months after this section comes into force. Section 34(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
35: Application for, and grant of, certificates
1: An applicant for a certificate must apply to the Registrar.
2: In this Part, Registrar office of the
3: The application must be in the prescribed form and be accompanied by the prescribed fee.
4: The application may require the applicant to provide no more than the following:
a: the applicant's full name, date of birth, and gender:
b: any other names by which the applicant is, or ever has been, known:
c: the address to which the applicant wishes any certificate and related correspondence to be sent:
d: a photocopy of any form of official identification that contains a photograph of the applicant, such as a passport or driver licence, that is authenticated in the prescribed manner:
e: 1 or more recent photographs of the applicant that comply with the prescribed requirements and are authenticated in the prescribed manner:
f: if an order has been made under section 37
5: The Registrar must issue a certificate to an applicant if—
a: the applicant pays the prescribed fee, supplies a properly completed application form, and attaches the required photocopy and photographs; and
b: the applicant is aged 18 years or older; and
c: the applicant is either—
i: not disqualified under section 36
ii: is disqualified, but has been granted a waiver of disqualification under section 37
6: Every certificate must be in the prescribed form and must contain a photograph of the holder.
7: If a certificate is refused, the Registrar must notify the applicant in writing, with reasons, and give information about how to apply for a waiver of disqualification under section 37 Section 35(2) amended 1 March 2017 section 261 District Court Act 2016
36: Disqualification from holding certificate
1: A person is disqualified from holding a certificate if he or she has been convicted at any time of any of the disqualifying offences set out in subsection (2), or has been convicted of an attempt to commit any such offence, of conspiring to commit any such offence, or of being an accessory after the fact to any such offence.
2: The disqualifying offences are as follows:
a: an offence under this Act (other than an offence under section 39(3) section 40(2) section 41(3)
b: an offence under any of the following sections or Parts of the Crimes Act 1961
i: section 98A
ii: sections 127 to 144C
iii: Part 8
iv: sections 234 to 244
v: section 257A
c: an offence under the Arms Act 1983
d: in relation to the Misuse of Drugs Act 1975
i: an offence under section 6
ii: an offence under section 9 section 12A section 12AB section 12B
iii: an offence under any other section, but only if it relates to a Class A or a Class B controlled drug. Section 36(2)(d)(ii) amended 22 June 2005 section 23 Misuse of Drugs Amendment Act 2005
37: Waiver of disqualification
1: A person who is disqualified from holding a certificate may apply in writing to the Registrar for an order waiving the disqualification.
2: On receipt of an application, the Registrar must—
a: refer the application to a District Court Judge for determination; and
b: send a copy of the application to the Commissioner of Police for a report on the matters referred to in subsection (4)(b).
3: The Commissioner of Police must provide a report to the Registrar within 3 weeks of receipt of the request, and the Registrar must immediately forward a copy of the report to the applicant.
4: A District Court Judge may make an order waiving a disqualification if he or she is satisfied that—
a: the applicant's offending was of a nature, or occurred so long ago, that it ought no longer to be a barrier to obtaining a certificate; and
b: the applicant is not, and has not recently, been associated or involved with persons who would themselves be disqualified under section 36
5: The District Court Judge who determines the application—
a: may not make the order until at least 2 weeks after receipt of the report provided under subsection (3); and
b: must determine the application on the basis of the material contained in the application, the Police report, and any further written material provided by the applicant, whether in response to the Police report or otherwise.
6: An order waiving disqualification remains in force until it is cancelled under subsection (7) or subsection (8).
7: An order waiving a disqualification is cancelled, by operation of this subsection, if the person to whom it applies is convicted of any offence referred to in section 36(2)
8: A District Court Judge may cancel an order waiving a person's disqualification if—
a: the Police make an application to the Registrar for an order cancelling the waiver; and
b: a copy of the Police application is sent to the person at the address supplied in his or her application for a certificate; and
c: at least 2 weeks after sending that application, either the Registrar has not received any response from the certificate holder or, if the holder has made submissions in writing, the District Court Judge has considered those submissions; and
d: the District Court Judge is satisfied, on the basis of the Police application and any submissions received from the person concerned, that the waiver ought to be cancelled on the grounds that the person is associated or involved with persons who would themselves be disqualified under section 36
38: Expiry, renewal, and replacement of certificate
1: A certificate expires 1 year after the date on which it is issued.
2: A certificate holder may apply, at any time within 2 months before the expiry of his or her certificate, for renewal of the certificate, in which case section 35
3: If an application for renewal is made, but not determined, before a certificate expires, the original certificate does not expire until the application for renewal is determined.
4: The Registrar may issue a replacement certificate to a certificate holder if—
a: the holder applies for a replacement certificate and the Registrar is satisfied that the original certificate has been lost or destroyed; and
b: the holder supplies 1 or more recent photographs of himself or herself that comply with the prescribed requirements and are authenticated in the prescribed manner; and
c: the holder pays the prescribed fee (if any).
39: Cancellation of certificate
1: The Registrar must cancel a certificate on notification that the certificate holder—
a: is disqualified from holding a certificate as a result of a conviction for any offence referred to in section 36(2)
b: has had his or her waiver of disqualification cancelled.
2: The cancellation of the certificate takes effect 5 days after notification of the cancellation is sent to the certificate holder at the address supplied in his or her application for a certificate.
3: A person whose certificate is cancelled commits an offence, and is liable on the District Court Section 39(3) amended 1 March 2017 section 261 District Court Act 2016 Section 39(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
40: Operator to produce certificate on request
1: A constable constable constable
2: If a request under subsection (1) is made to the holder of a certificate, that holder commits an offence, and is liable on Section 40(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 40(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
41: Court records
1: Court records concerning the identity of applicants for certificates, applicants for waiver of disqualification, and certificate holders may be searched, inspected, or copied only by—
a: the applicant or holder concerned; and
b: the Registrar; and
c: the Police, but only for the purpose of investigating an offence.
2: Nothing in this section limits the power of the Registrar to prepare and supply (whether for use by the Department for Courts or any other purpose) statistical information about applicants for certificates, applicants for waiver of disqualification, and certificate holders, as long as the information is supplied in a form that does not identify individual applicants or certificate holders.
3: A person who, in contravention of this section, obtains or uses information that is sourced from, or purports to be sourced from, the court records referred to in this section commits an offence and is liable on Section 41(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Miscellaneous provisions
Review of operation of Act and related matters by Prostitution Law Review Committee
42: Review of operation of Act and related matters
1: The Prostitution Law Review Committee must,—
a: as soon as practicable after the commencement of this Act,—
i: assess the number of persons working as sex workers in New Zealand and any prescribed matters relating to sex workers or prostitution; and
ii: report on its findings to the Minister of Justice; and
b: no sooner than the expiry of 3 years, but before the expiry of 5 years, after the commencement of this Act,—
i: review the operation of this Act since its commencement; and
ii: assess the impact of this Act on the number of persons working as sex workers in New Zealand and on any prescribed matters relating to sex workers or prostitution; and
iii: assess the nature and adequacy of the means available to assist persons to avoid or cease working as sex workers; and
iv: consider whether any amendments to this Act or any other law are necessary or desirable and, in particular, whether the system of certification is effective or could be improved, whether any other agency or agencies could or should administer it, and whether a system is needed for identifying the location of businesses of prostitution; and
v: consider whether any other amendments to the law are necessary or desirable in relation to sex workers or prostitution; and
vi: consider whether any further review or assessment of the matters set out in this paragraph is necessary or desirable; and
vii: report on its findings to the Minister of Justice; and
c: carry out any other review, assessment, and reporting required by regulations made under this Act.
2: The Minister of Justice must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.
43: Prostitution Law Review Committee
1: The Prostitution Law Review Committee must consist of 11 members appointed by the Minister of Justice.
2: The Minister of Justice must appoint—
a: 2 persons nominated by the Minister of Justice; and
b: 1 person nominated by the Minister of Women's Affairs after consultation with the Minister of Youth Affairs; and
c: 1 person nominated by the Minister of Health; and
d: 1 person nominated by the Minister of Police; and
e: 2 persons nominated by the Minister of Commerce to represent operators of businesses of prostitution; and
f: 1 person nominated by the Minister of Local Government; and
g: 3 persons nominated by the New Zealand Prostitutes Collective (or, if there is no New Zealand Prostitutes Collective, by any other body that the Minister of Justice considers represents the interests of sex workers).
3: The Minister of Justice may, on the recommendation of a member's nominator, remove a member from office for inability to perform the members' duties, misconduct by the member, or any other just cause proved to the satisfaction of the nominator.
4: The member is not entitled to compensation or other payment relating to removal from office.
5: The Prostitution Law Review Committee ceases to exist on a date appointed by the Minister of Justice, by notice in the Gazette section 42(1)(b)(vii)
44: Other provisions on appointment, removal, term, and resignation of members
1: A member must be appointed or removed by written notice to the member and his or her nominator.
2: A member holds office for a term stated in that notice of up to 5 years.
3: A member whose term of office expires continues to hold office until he or she is reappointed or his or her successor is appointed.
4: However, all members cease to hold office on the date on which the Prostitution Law Review Committee ceases to exist.
5: A person may be reappointed as a member.
6: A member may resign by written notice to the Minister of Justice and his or her nominator.
7: The powers of the Prostitution Law Review Committee are not affected by any vacancy in its membership.
45: Remuneration of members
1: A member is entitled to receive remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
2: That remuneration must be paid out of the departmental bank account operated by the Ministry of Justice.
3: This section does not apply to a person who is a member in his or her capacity as an employee of a department.
46: Procedure of Prostitution Law Review Committee
The Prostitution Law Review Committee may regulate its own procedure, except as provided in regulations made under this Act. Regulations
47: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the forms of warrants to be issued under sections 27 30
b: prescribing the forms, certificates, and fees required under Part 3
c: prescribing how the photographs and photocopies required under Part 3
d: prescribing the size, or range of sizes, of photographs to be supplied with an application for a certificate, and the number of copies:
e: prescribing that the Registrar of a particular office of the Part 3 office of the
f: prescribing matters relating to the Prostitution Law Review Committee, including its powers, additional functions of reviewing, assessing, and reporting on the operation of this Act or on other matters relating to sex workers or prostitution (if any), any limits on the periods for which it may meet, matters relating to the chairperson and members, its financial provisions, its procedures, and its administration:
g: 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 47(1)(e) amended 1 March 2017 section 261 District Court Act 2016 Section 47(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeals, amendments, and transitional provisions
48: Repeals coming into force on day after Royal assent
Amendment(s) incorporated in the Act(s)
49: Repeals and revocations coming into force when Part 3 comes into force
1: The Massage Parlours Act 1978 (1978 No 13) is repealed.
2: The Massage Parlours Regulations 1979 (SR 1979/35) are revoked.
50: Consequential amendments
1: The Acts specified in Part 1
2: The regulations specified in Part 2
51: Transitional provisions for past offences
1: No person may be convicted of an offence against any of the enactments repealed by section 48 section 149A
2: The repeal of section 149A
a: investigating the offence:
b: commencing or completing proceedings for the offence:
c: imposing a penalty for the offence.


1: Title
1: This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003.
2: In this Act, the Injury Prevention, Rehabilitation, and Compensation Act 2001 the principal Act
1: Preliminary provisions
2: Commencement
1: Section 4 District Courts Amendment Act 2002
2: Section 12
3: The rest of this Act comes into force on 1 July 2003.
3: Purpose
The purpose of this Act is to—
a: establish as a levy under the principal Act the portion of excise and excise-equivalent duty payable on motor spirit that is paid to the Motor Vehicle Account; and
b: avoid the need for an amending Act to consequentially adjust the rates of excise duty and excise-equivalent duty on the relevant fuel (as set out in Schedule 3 Customs and Excise Act 1996
c: preserve the requirement to obtain leave to appeal under section 162
2: Amendments to
Injury Prevention, Rehabilitation, and Compensation Act 2001
4: New
section 162
1: The principal Act is amended by repealing section 162
162: Appeal to High Court on question of law
1: A party to an appeal who is dissatisfied with the decision of a District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court.
2: The leave of the District Court must be sought within 21 days after the District Court's decision.
3: If the District Court refuses to grant leave, the High Court may grant special leave to appeal.
4: The special leave of the High Court must be sought within 21 days after the District Court refused leave.
5: The High Court Rules and sections 74 to 78 of the District Courts Act 1947 section 72 of that Act
2: In applying Part 6 of the Accident Insurance Act 1998 section 391(3) section 162 subsection (1) section 165 of the Accident Insurance Act 1998
3: Section 391 subsection (3)
3A: Subsection (3) section 4(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003
4: The Schedule District Courts Amendment Act 2002 section 165 of the Accident Insurance Act 1998 section 162
5: Application and source of funds
1: Section 213(2) paragraph (c)
c: a levy to be paid in accordance with section 214(4) .
2: Section 213 subsections (3) (4)
3: The levy payable under subsection (2)(c)
a: on any fuel (or any category of fuel) specified in Schedule 3 of the Customs and Excise Act 1996
b: in the absence of regulations for the time being in force for the purpose of paragraph (a) Customs and Excise Act 1996
6: Rate of levies
Section 214
4: The levy payable under section 213(2)(c)
a: at the rate or rates per litre or other unit prescribed by regulations made under this Act; or
b: in the absence of regulations for the time being in force for the purpose of paragraph (a) Customs and Excise Act 1996
5: The rate or rates of the levy prescribed by regulations made under this Act, and the rate prescribed by subsection (4)(b)
7: Levy categories
Section 216
d: fuel in respect of which a levy is payable under section 213(2)(c)
8: Collection of levies
1: Section 217 subsection (2)
2: The levy payable under section 213(2)(c)
a: in the manner prescribed by regulations made under this Act; or
b: in the absence of regulations for the time being in force for the purpose of paragraph (a)
2: Section 217 subsection (4)
4A: However, in the case of the levy payable under section 213(2)(c)
a: in the manner prescribed by regulations made under this Act; or
b: in the absence of regulations for the time being in force for the purpose of paragraph (a)
3: Section 217
6: Subsection (5) section 213(2)(c) .
9: Challenges to levies
Section 236(2) or in respect of the levy payable under section 213(2)(c)
10: Power in respect of small amounts of levy
Section 244 subsection (2)
2: Subsection (1) section 213(2)(c) .
11: Refunds payable by Corporation
1: Section 255 subsection (1)
1A: Levies paid under section 213(2)(c)
2: Section 255(2) subsection (1)(b) or making a refund under subsection (1A)
12: Regulations relating to levies
Section 329 paragraph (k)
k: prescribing, in relation to the levy payable under section 213(2)(c)
i: the fuels in respect of which the levy is payable:
ii: the category or categories of any fuel in respect of which the levy is payable:
iii: the rate or rates at which the levy is payable:
iv: the manner in which the levy is to be collected and paid to the Corporation:
v: the persons or classes of person who are entitled to a refund under section 255(1A) .
3: Consequential amendments
13: Customs and Excise Act 1996
1: Section 2(1) Customs and Excise Act 1996
e: levies imposed by section 213(2)(c) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 .
2: Section 75A Customs and Excise Act 1996
3: Schedule 3 Customs and Excise Act 1996
4: Schedule 3 Customs and Excise Act 1996


Immigration Amendment Act 2003

1: Title
1: This Act is the Immigration Amendment Act 2003.
2: In this Act, the Immigration Act 1987 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
1: Principal Act amended
3: Government residence policy
Section 13B
1A: To avoid doubt, any policy of the Government that relates to the issuing of any type of temporary visa or limited purpose visa or the granting of any type of temporary permit or limited purpose permit is not Government residence policy, regardless of whether the issuing of the visa or the granting of the permit may affect eligibility for or otherwise relate to the issuing of a residence visa or the granting of a residence permit.
4: New section 13BA inserted
The principal Act is amended by inserting, after section 13B
13BA: Chief executive may give general instructions as to order and manner of processing applications for visas and permits
1: The order and manner of processing any application for a visa or permit is a matter for the discretion of a visa officer or immigration officer.
2: The chief executive may, from time to time, give general instructions to visa officers and immigration officers as to the order and manner of processing any application for a visa or permit.
3: In giving any such general instructions, the chief executive may have regard to such matters as the chief executive thinks fit.
4: Unless otherwise expressed by the chief executive, any general instructions as to the order and manner of processing applications, as given by the chief executive from time to time under this section, may apply to any or all applications for visas or permits regardless of the fact that—
a: the general instructions may be different from those existing at the time that the applications were made; or
b: the general instructions may result in applications being processed in a different order or manner than would, otherwise have occurred; or
c: any application may have been made before the commencement of the Immigration Amendment Act 2003.
5: The general instructions, as given by the chief executive from time to time, are matters of departmental rules and practice, and do not form part of Government immigration policy under section 13A section 13B
6: Nothing in this Act, or in any other law or enactment, requires a visa officer or an immigration officer to process an application for a visa or permit in any particular order or manner, whether or not consistent with any general instructions given by the chief executive from time to time.
7: The question whether or not an application is processed in an order and manner consistent with any general instructions given by the chief executive from time to time is a matter for the discretion of a visa officer or immigration officer, and
a: no appeal lies against the decision of the officer concerned, whether to an Authority, the Tribunal, the Minister, any court, or otherwise; and
b: no review proceedings may be brought in any court in respect of—
i: any general instructions as to the order and manner of processing applications as given by the chief executive from time to time; or
ii: the application of any such general instructions; or
iii: any failure by the Minister or a visa officer or immigration officer to process or to continue to process an application for a visa or a permit; or
iv: any decision by the Minister or a visa officer or immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application for a visa or permit.
2: Validation of processing, and lapsing, of applications
5: Past order and manner of processing applications deemed valid
1: Any—
a: failure by a visa officer or an immigration officer or the Minister to process an application for a visa or permit (including a residence visa or residence permit); or
b: decision by a visa officer or an immigration officer or the Minister to process or not to process an application for a visa or permit (including a residence visa or residence permit occurring or made before the commencement of this Act is deemed to have been validly done in accordance with the discretion of a visa officer or immigration officer to determine the order and manner of processing an application.
2: No appeal lies against any decision to process or not to process an application for a visa or permit (including a residence visa or a residence permit, and including any such decision made before the commencement of this Act), whether to an Authority, the Board,
3: No review proceedings may be brought in any court in respect of any failure to process, or any decision to process or not to process, an application for a visa or permit (including a residence visa or a residence permit, and including any such failure or any such decision occurring or made before the commencement of this Act).
4: In this section,—
a: a reference to a failure to process an application includes a reference to a failure to continue to process an application:
b: a reference to a decision to process an application includes a reference to a decision to continue to process an application:
c: a reference to a decision not to process an application includes a reference to a decision not to continue to process an application. Section 5(2) amended 9 September 2003 section 12(3) Immigration Amendment Act (No 2) 2003
6: Lapsing of certain applications made before 20 November 2002
1: All applications for residence visas or residence permits made before 20 November 2002 under the general skills category of Government residence policy that have not been decided as at the commencement of this Act are treated as lapsed, except where, as at the beginning of 1 July 2003 in respect of any such application,—
a: the principal applicant—
i: had claimed points for an offer of employment classed as relevant
ii: had claimed 28 or more points under the Government residence policy applying to that application; or
iii: had been issued a work visa or granted a work permit for the purpose of obtaining an offer of employment in New Zealand; or
iv: had been invited in writing by a visa officer or an immigration officer to apply for a work visa or work permit for the purpose of obtaining an offer of employment in New Zealand; or
b: the application had been processed by a visa officer or an immigration officer to the point where the officer was satisfied that—
i: the principal applicant and all other applicants included in the application met the health, character, and English language requirements applying to that application; and
ii: the application had been awarded sufficient points to meet or exceed the points passmark applying to that application; and
iii: all evidential and verification requirements necessary to demonstrate eligibility under the general skills category were met; or
c: the application has been the subject of a decision by the Residence Appeal Authority made under section 18D(1)(d)
2: The effect of an application being treated as lapsed is that no further processing or decision in respect of the application is required.
3: Where an application is lapsed under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it.
4: Nothing in this Act or the principal Act or in any other law or enactment entitles a person whose application is lapsed under this section to recover from the Minister or the Department or any visa officer or immigration officer any costs associated with the application, other than the prescribed application fee.
5: Section 13C
6: The question whether or not an application meets the criteria set out in subsection (1) is a matter for the discretion of a visa officer or immigration officer, and no appeal lies against the decision of the officer concerned, or the lapsing of the application, whether to an Authority, the Board,
7: No review proceedings may be brought in any court in respect of the lapsing under this section of an application for a residence visa.
8: In this section, decided, in relation to an application for a visa or a permit, means that a decision whether or not to issue the visa or grant the permit has been made by the Minister or a visa officer or immigration officer, whether or not that decision has been communicated to the applicant and whether or not any associated visa or permit has been issued or granted. Section 6(6) amended 9 September 2003 section 12(3) Immigration Amendment Act (No 2) 2003


Consumer Guarantees Amendment Act 2003

1: Title
1: This Act is the Consumer Guarantees Amendment Act 2003.
2: In this Act, the Consumer Guarantees Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) goods service supplier goods
a: means personal property of every kind (whether tangible or intangible), other than money and choses in action; and
b: includes—
i: goods attached to, or incorporated in, any real or personal property:
ii: ships, aircraft, and vehicles:
iii: animals, including fish:
iv: minerals, trees, and crops, whether on, under, or attached to land or not:
v: gas and electricity:
vi: to avoid doubt, water and computer software; but
c: despite paragraph (b)(i) services
a: includes any rights (including rights in relation to, and interests in, personal property), benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier; and
b: includes (without limitation) the rights, benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier under any of the following classes of contract:
i: a contract for, or in relation to, the performance of work (including work of a professional nature), whether with or without the supply of goods:
ii: a contract for, or in relation to, the provision in trade of facilities for accommodation, amusement, the care of persons or animals or things, entertainment, instruction, parking, or recreation:
iii: a contract of insurance, including life assurance and life reassurance:
iv: a contract between a bank and a customer of the bank:
v: a contract for, or in relation to, the lending of money or granting of credit, or the making of arrangements for the lending of money or granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits:
vi: a contract for, or in relation to, the supply of electricity, gas, telecommunications, or water, or the removal of waste water; but
c: does not include—
i: any rights, benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier by simply paying or crediting any money to the consumer without the performance of any other task (other than one that is merely incidental to the making of the payment or credit); and
ii: rights or benefits in the form of the supply of goods or the performance of work under a contract of service supplier
a: means a person who, in trade,—
i: supplies goods to a consumer by—
A: transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire, or hire purchase to which that person is a party; or
B: transferring the ownership of the goods as the result of a gift from that person; or
C: transferring the ownership or possession of the goods as directed by an insurer; or
ii: supplies services to an individual consumer or a group of consumers (whether or not the consumer is a party, or the consumers are parties, to a contract with the person); and
b: includes,—
i: where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights:
ii: a financier, within the meaning of the Credit Contracts Act 1981
iii: a person who, in trade, assigns or procures the assignment of goods to a financier within the meaning of the Credit Contracts Act 1981
iv: a person who, in trade, is acting as an agent for another, whether or not that other is supplying in trade; and
c: for the avoidance of doubt in the following circumstances, means only,—
i: in the case of a supply of electricity as a good, the retailer of the electricity with whom the consumer has a contract; and
ii: in the case of a supply of electricity line function services, the distributor who owns or operates the line that is connected to the consumer's premises; and
iii: in the case of other services relating to electricity, the person who provides that service to the consumer.
4: Options of consumers where services do not comply with guarantees
Section 32(b) subparagraph (i)
i: subject to section 35 section 37
5: No contracting out except for business transactions
1: Section 43(1) 40 and 41 of this Act 40, 41 and 43A
2: Section 43(4) of this section or section 43A
6: New section 43A inserted
The principal Act is amended by inserting, after section 43
43A: Exclusion of liability in favour of non-contracting supplier
1: An agreement of the kind referred to in section 43(2)
2: The non-contracting supplier has the benefit of the exclusion.


Fair Trading Amendment Act 2003

1: Title
1: This Act is the Fair Trading Amendment Act 2003.
2: In this Act, the Fair Trading Act 1986 the principal Act
1: Preliminary provision
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
2: Amendments to principal Act and miscellaneous provision
3: False representations and other misleading conduct in relation to land
Section 14(1)(a) Falsely represent make a false or misleading representation
4: Trading stamp schemes prohibited
Section 18
5: Pyramid selling schemes
Section 24(2)(a) subparagraph (ii)
ii: that, to many participants in the scheme, constitutes primarily an opportunity to buy or sell an investment opportunity, whether personally or through an agent, rather than an opportunity to buy or supply goods or services; and
6: Jurisdiction of High Court
1: Section 37 paragraph (a) section 40 sections 40 and 47J
2: Section 37 paragraph (a)
ab: appeals from proceedings in a District Court for orders under section 40A
7: Jurisdiction of District Courts
Section 38
a: omitting from paragraph (a) section 40 sections 40 and 47J
b: omitting from paragraph (b) section 43 sections 40A, 42, and 43
8: Contraventions of provisions of
Part 1 2 3 4
1: Section 40(1)
a: by omitting the words sections 9, 14(2), and 23 sections 9, 14(2), 23, and 24
b: by omitting from paragraph (a) $30,000 $60,000
c: by omitting from paragraph (b) $100,000 $200,000
2: Section 40 subsection (1)
1A: Every person who contravenes section 24
3: Section 40 subsection (3)
3: Despite section 14 of the Summary Proceedings Act 1957
9: New
section 40A The principal Act is amended by inserting, after section 40
40A: Additional penalty for contravention of
section 24
1: If a person is convicted of an offence under section 40(lA)
2: The value of any gain must be assessed by the Court, and any amount ordered to be paid is recoverable in the same manner as a fine.
3: The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.
4: In this section, Court includes a District Court.
10: Injunctions may be granted by Court for contravention of
Part 1 2 3 4 Section 41
5: If the Commission applies to the Court for the grant of an interim injunction, the Court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
6: However, in determining the Commission's application for the grant of an interim injunction, the Court must not take into account that the Commission is not required to give an undertaking as to damages. 1986 No 5 88A
11: Order to disclose information or publish advertisement
Section 42 subsections (2) (3)
2: The Court may hear and determine an application under subsection (1) sections 40, 40A, 41, or 43
3: In this section, Court includes a District Court.
12: Defences
Section 44(5) section 27 section 28
13: Finding in proceedings to be evidence
Section 46 an order under section 40A
14: Power to search
Section 47 subsections (1) (2)
1: The Commission may, from time to time, authorise an employee of the Commission to search, under a warrant issued under subsection (2)
2: A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable) may, by warrant, authorise a person who is authorised under subsection (1)
a: investigating—
i: whether a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a contravention of this Act; or
ii: the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act; or
b: gathering, obtaining, or recovering evidence of—
i: conduct that constitutes, or may constitute, a contravention of this Act; or
ii: the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act.
15: New
sections 47G to 47J The principal Act is amended by inserting, after section 47F
47G: Commission may require person to supply information or documents
1: If the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act, the Commission may, by notice in writing served on any person, require that person—
a: to supply to the Commission, by writing signed by that person or, in the case of a body corporate, by a director or competent employee or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to supply to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice.
2: Every person who is required to supply information or documents to the Commission has the same privileges in relation to the supply of the information or documents as witnesses have in any court. 1986 No 5 s 98 s 138(2)
47H: Notices
1: Any notice given by the Commission under section 47G
a: it is in writing; and
b: it is—
i: under the seal of the Commission; or
ii: signed by the Chairman of the Commission; or
iii: signed by 1 or more of the members of the Commission; or
iv: signed by any person purporting to act by direction of the Commission; and
c: it is served in accordance with section 471
2: In all courts and in all proceedings under this Act, notices given under section 47G subsection (1)(b) 1986 No 5 s 101
471: Service of notices
1: Any notice that is authorised to be served on, or given to, any person for the purposes of section 47G
a: delivering it to that person; or
b: leaving it at—
i: his or her usual or last known place of residence or business; or
ii: at the address specified by him or her in any notice, application, or other document made, given, or tendered to the Commission under this Act; or
c: posting it by letter addressed to him or her at that place of residence or business or at that address.
2: If any notice is sent to any person by registered letter, then,—
a: unless the contrary is proved, the notice must be treated as having been delivered to him or her when it would have been delivered in the ordinary course of post; and
b: in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.
3: If the notice is required to be served on an association or body of persons,—
a: the notice may be served on the secretary, executive officer, manager, or other officer holding a similar position in the association or body; and
b: service on the association or body must, unless otherwise directed by the Commission, be treated as service on all persons who are members of the association or body, or who are represented on the association or body by those members. 1986 No 5 s 102
47J: Offence to contravene
section 47G
1: No person may,—
a: without reasonable excuse, refuse or fail to comply with a notice under section 47G
b: in purported compliance with the notice, supply information, or supply a document, knowing it to be false or misleading.
2: Every person who contravenes subsection (1)
3: Proceedings for an offence against subsection (2) 1986 No 5 s 103
16: Provisions as to proceedings already barred and pending proceedings
Nothing in this Act—
a: enables any proceedings to be brought that were barred before the commencement of this Act; or
b: affects any proceedings commenced before the commencement of this Act.


Commerce Amendment Act 2003

1: Title
1: This Act is the Commerce Amendment Act 2003.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) goods goods
a: means personal property of every kind (whether tangible or intangible); and
b: includesâ€”
i: ships, aircraft, and vehicles:
ii: animals, including fish:
iii: minerals, trees, and crops, whether on, under, or attached to land or not:
iv: gas and electricity:
v: to avoid doubt, water and computer software .
2: Section 2(1) paragraph (a) services
iv: to avoid doubt, the supply of electricity, gas, telecommunications, or water, or the removal of waste water:


Fair Trading Amendment Act (No 2) 2003

1: Title
1: This Act is the Fair Trading Amendment Act (No 2) 2003.
2: In this Act, the Fair Trading Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) goods goods
a: means personal property of every kind (whether tangible or intangible); and
b: includes—
i: ships, aircraft, and vehicles:
ii: animals, including fish:
iii: minerals, trees, and crops, whether on, under, or attached to land or not:
iv: gas and electricity:
v: to avoid doubt, water and computer software.
2: Section 2(1) paragraph (a) services
iv: to avoid doubt, the supply of electricity, gas, telecommunications, or water, or the removal of waste water:


Sale of Goods Amendment Act 2003

1: Title
1: This Act is the Sale of Goods Amendment Act 2003.
2: In this Act, the Sale of Goods Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) goods goods
a: all chattels personal other than money or choses in action; and
b: emblements, growing crops, and things attached to or forming part of the land that are agreed to be severed before sale or under the contract of sale; and
c: to avoid doubt, computer software


1: Title
1: This Act is the Imports and Exports (Restrictions) Amendment Act 2003.
2: In this Act, the Act that was previously called the Import Control Act 1988 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to enable New Zealand to give better effect to its international obligations to restrict the exportation of certain goods.
2: Amendments to Acts
4: Title repealed
The Long Title of the principal Act is repealed.
5: Name of principal Act changed
1: After the commencement of this section, the principal Act is called the Imports and Exports (Restrictions) Act 1988
2: Section 1(1) Import Control Imports and Exports (Restrictions)
6: Interpretation
1: Section 2(1) international obligation
a: the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
b: the Convention on Persistent Organic Pollutants, done at Stockholm on 23 May 2001; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
c: the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
d: the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region, done at Waigani on 16 September 1995; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
e: any other international obligation that is or becomes binding on New Zealand and that provides for the restriction on, or the prohibition of, the exportation of certain chemicals, products, organisms, wastes, or other substances that pose a risk to human health or to the environment Ministry
2: Section 2(1) Minister prescribed Minister prescribed section 3 or section 3A
3: Section 2(2) Customs place, exportation,
4: The principal Act is amended by repealing section 2(3)
3: Sections 1 to 4, and Parts 1, 2, 3, 4, 10, 12(except section 142), 13 (except sections 209 and 214), 14, 15, and 17 of the Customs and Excise Act 1996 Customs and Excise Act 1996
7: New
section 2A The principal Act is amended by inserting, after section 2
2A: Act binds the Crown
This Act binds the Crown.
8: Control of imports
1: Section 3 Prohibition of imports
2: Section 3 subsections (4) (5)
9: New
sections 3A to 3E The principal Act is amended by inserting, after section 3
3A: Prohibition of exports
1: The Governor-General, if satisfied that it is necessary to give effect to an international obligation, may, by Order in Council, prohibit the exportation from New Zealand of—
a: specified goods:
b: goods of a specified class or classes.
2: A prohibition may be—
a: general:
b: limited to the exportation of goods to a specified place or class of places:
c: limited to the exportation of goods to a specified person or class of persons:
d: limited to the exportation of goods by a specified person or class of persons:
e: absolute:
f: conditional.
3B: Conditional prohibition of exportation
1: A conditional prohibition allows the exportation of goods subject to—
a: the grant of a licence or permit by the Minister or a prescribed person; or
b: prescribed conditions.
2: The terms and conditions of a licence or permit must be consistent with the prohibition.
3: A conditional prohibition may require payment of consideration to the Crown in respect of the application for, or the granting of, a licence or permit.
3C: Forms
1: For the purposes of this Act, the chief executive of the Ministry may prescribe forms that he or she considers necessary.
2: In all proceedings, a document is sufficient evidence that a form was prescribed if it—
a: is signed by the chief executive of the Ministry; and
b: purports to be a prescribed form, an extract from a prescribed form, a copy of the form, or a copy of the extract.
3: A Court must take judicial notice of the signature of the chief executive of the Ministry to a prescribed form or to an extract or copy of a prescribed form.
3D: Order in Council not invalid
An Order in Council is not invalid because—
a: it leaves a matter to the discretion of the Minister or another person:
b: it authorises the Minister or another person to issue a licence or permit subject to conditions imposed or approved by the Minister.
3E: Other Acts not affected
The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment relating to the importation or exportation of any substances or goods, and nothing in this Act limits or otherwise affects any provisions.
10: Offences
1: Section 4(1) paragraph (a)
ab: exports, or transports with intent to export, goods from New Zealand in breach of an Order in Council made under section 3A
2: Section 4(1) paragraph (b)
b: commits any breach of, or fails in any respect to comply with, any term or condition on, or subject to, which there has been granted, under any Order in Council made under section 3 or section 3A
3: Section 4(2)(a) importation, exportation, transportation, shipment,
4: Section 4 subsection (3)
3: Subsection (3A) section 3 or section 3A
3A: A person commits an offence who—
a: knowingly makes a false declaration or statement for the purpose of obtaining the licence or permit:
b: knowingly makes a false declaration or statement as to compliance with a condition on, or subject to, which the licence or permit was granted:
c: otherwise knowingly makes a false declaration or statement in relation to the importation or exportation of the goods.
5: Section 4 subsections (6) to (9) section 3 or section 3A
11: Consequential amendment to
Temporary Safeguard Authorities Act 1987 Section 7(3)(b) Temporary Safeguard Authorities Act 1987 Import Control Act 1988 Imports and Exports (Restrictions) Act 1988


1: Title
1: This Act is the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council.
3: Purpose
The purpose of this Act is to enable New Zealand to comply with the Stockholm Convention on Persistent Organic Pollutants.
2: Amendments to principal Act
4: Interpretation
Section 2(1) environmentally sound disposal Gazette Article 6 persistent organic pollutant
a: means a substance listed in Schedule 2A
b: includes a substance containing 1 or more of those substances; but
c: does not include a substance occurring in quantities as unintentional trace contaminants in products and articles Stockholm Convention
a: means the Convention on Persistent Organic Pollutants done at Stockholm on 23 May 2001 and the Annexes to the Convention, a copy of the English text of which is set out in Schedule IAA; and
b: includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand.
5: Powers, functions, and duties of Authority
Section 11 paragraph (fa)
fb: give directions as to the disposal of persistent organic pollutants:
6: Delegation by Authority
Section 19(2) paragraph (c)
ca: the power to grant an extension of an exemption under section 25C(2)
i: any employee of a person specified in section 97
ii: if there is no employee with relevant experience, any other person with relevant experience, whether or not that person is a member of the Authority:
7: New
sections 25A to 25D The principal Act is amended by inserting, after section 25
25A: Prohibition of import, manufacture, or use of persistent organic pollutants
1: No persistent organic pollutant is to be imported or manufactured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by—
a: section 29B
b: section 30(a)
c: section 30(ba)
2: A persistent organic pollutant that is manufactured in New Zealand must not be used in New Zealand except for a use specified in Schedule 2A
25B: Prohibition on storage of persistent organic pollutants
1: A persistent organic pollutant must not be stored in New Zealand.
2: However, subsection (1)
a: a persistent organic pollutant (other than polychlorinated biphenyls) stored in accordance with conditions specified by the Authority by notice in the Gazette
b: a persistent organic pollutant in respect of which storage is specified in Schedule 2A
25C: Continuation of certain exemptions under
Toxic Substances Regulations 1983
1: For the purposes of sections 25A and 25B and Schedule 2A regulation 491 or regulation 49J of the Toxic Substances Regulations 1983
a: on the same terms and conditions as in force at that time; and
b: until the expiry of—
i: the exemption; or
ii: an extension of the exemption (being not later than the close of 2016).
2: The Authority may grant an extension of an exemption for the purposes of subsection (1)(b)(ii)
25D: Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
1: This section applies to persistent organic pollutants imported or manufactured before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
2: No person may use a persistent organic pollutant for a use not specified in Schedule 2A Gazette
3: This section does not prevent approvals being granted under—
a: section 30(a)
b: section 30(ba)
8: New
section 29B The principal Act is amended by inserting, after section 29A
29B: Applications relating to persistent organic pollutants
1: An application to import a persistent organic pollutant may be granted,—
a: if a use for the persistent organic pollutant is specified in Schedule 2A
b: if no use for the persistent organic pollutant is specified in Schedule 2A
2: An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pollutant is specified in Schedule 2A
9: Importing hazardous substances in containment
Section 30 paragraph (a)
a: small amounts of any hazardous substance for use as analytical standards where—
i: approval to import or manufacture that substance has been declined; or
ii: the substance is a persistent organic pollutant; or.
10: Exemptions from Act for small-scale research on hazardous substances
Section 33
ba: the use does not create or involve a persistent organic pollutant; and.
11: New
section 66A The principal Act is amended by inserting, after section 66
66A: Disposal of persistent organic pollutants
If Schedule 2A
a: no person may use the substance; and
b: the Authority may issue a direction, by notice in the _ Gazette
12: Offences
Section 109(1) paragraph (a)
aa: imports, manufactures, uses, or stores a persistent organic pollutant in contravention of this Act; or.
13: Penalties
Section 114(1) paragraph (a) or paragraph (aa)
14: Strict liability and defences
Section 117(1) paragraph (a) or paragraph (aa)
15: New
sections 140A 140B The principal Act is amended by inserting, after section 140
140A: Persistent organic pollutants
1: The Governor-General may, by Order in Council, amend Schedule 2A
a: add any hazardous substance that exhibits the characteristics of a persistent organic pollutant as specified in the Stockholm Convention:
b: include or amend a use for a persistent organic pollutant:
c: include or amend a date on the close of which a use included under paragraph (b)
2: An Order in Council made under subsection (1)
140B: Schedule 1AA may be amended or substituted
The Governor-General may, by Order in Council,—
a: amend Schedule 1AA by making any amendments to the text of the Stockholm Convention set out in the Schedule as are required to bring it up to date:
b: revoke Schedule 1AA
16: Procedure for making Orders in Council
Section 141(1) section 140(1)(i), (j), (m), or (n) or section 140A
17: New
section 152A The principal Act is amended by inserting, after section 152
152A: Expiry of transitional provisions in relation to persistent organic pollutants
1: Parts 11 to 13 Schedule 7
a: the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 to a hazardous substance that is a persistent organic pollutant at the commencement of that Act:
b: an Order in Council made under section 140A(1)(a) Schedule 2A
2: On the expiry, under subsection (1) Parts 11 to 13 Schedule 7 Part 5
18: New Schedule 1AA inserted
The principal Act is amended by inserting, before Schedule 1 Schedule 1
19: New
Schedule 2A The principal Act is amended by inserting, after Schedule 2 Schedule 2