1: Title
This Act is the Fire and Emergency New Zealand (Levy) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Fire and Emergency New Zealand Act 2017 2023-04-06 Fire and Emergency New Zealand Act 2017
4: Section 2 amended (Commencement)
1: Replace section 2(5)
5: Sections 80 to 140 (which relate to levies) come into force on 1 July 2026 unless earlier brought into force on a date appointed by the Governor-General by Order in Council.
2: Repeal section 2(6)
5: Section 6 amended (Interpretation)
In section 6 contract of fire insurance contract of fire insurance
6: Section 81 amended (Interpretation in this Part)
1: In section 81(1) amount insured contract of marine insurance
2: In section 81(1) contract of insurance contract of insurance
a: a contract of fire insurance:
b: a contract of motor vehicle insurance
3: In section 81(1) contract of fire insurance
a: means a contract of insurance, within the meaning of section 7 of the Insurance (Prudential Supervision) Act 2010, relating to property under which the property is insured against loss or damage by fire (whether or not the property is insured against other risks under the contract); but
b: does not include a contract of reinsurance within the meaning of section 6(1) of that Act contract of motor vehicle insurance
a: means a contract of insurance, within the meaning of section 7 of the Insurance (Prudential Supervision) Act 2010, relating to a motor vehicle under which either or both of the following apply:
i: the motor vehicle is insured against physical loss or damage:
ii: any person is insured against third party liability in connection with the use of the vehicle; but
b: does not include a contract of reinsurance within the meaning of section 6(1) of that Act sum insured
a: the insured value of the property as stated in the schedule of the contract of fire insurance, this being the amount that will be paid out in the event of a total loss before taking into account the following:
i: any amounts to be deducted before payment is made to the policyholder:
ii: additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred; and
b: if no insured value is stated in the schedule of the contract of fire insurance, the insured value of the property as calculated by the insurer, this being the amount that will be paid out in the event of a total loss before taking into account the following:
i: any amounts to be deducted before payment is made to the policyholder:
ii: additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred Example 1
A single contract of fire insurance insures several different types of property, such as buildings, plant and contents, and stock. Each type of property has an individual insured value in the contract of fire insurance. There is no overall insured value specified under the contract of fire insurance. The individual insured values are— buildings: $2,000,000 plant and contents: $500,000 stock: $800,000 The sum insured is the amount paid out in the event of a total loss (before considering deductions or additional limits in paragraph (a)(i) and (ii) The sum insured is $3,300,000 ($2,000,000 + $500,000 + $800,000). Note: If the contract of fire insurance specifies a total amount to be paid out in the event of a total loss, refer to example 2. Example 2
A contract of fire insurance contains multiple properties. Adding the maximum insured values of each individual property comes to $2,000,000. However, the schedule of the contract of fire insurance specifies that the insurer will pay for loss or damage for any 1 event up to an amount of $700,000. The sum insured is $700,000. Example 3
The schedule of a contract of fire insurance does not specify the insured value of the property under the contract. Under paragraph (b) Calculations for the deductible and additional limits are not required under paragraph (b)(i) and (ii) The sum insured is $800,000.
4: In section 81(1) declared value
5: In section 81(1) levy position amount insured or declared value sum insured
6: In section 81(1) qualified person
7: Section 82 repealed (Meaning of amount insured)
Repeal section 82
8: Section 83 repealed (Declared value)
Repeal section 83
9: Section 84 amended (Levy payable on motor vehicles)
In section 84(1) contract of insurance contract of motor vehicle insurance
10: Section 85 amended (Levy payable on other property)
1: In section 85(1) contract of insurance contract of fire insurance
2: In section 85(2) amount insured sum insured
11: Section 89 amended (Policyholder must pay amount of levy to insurer)
In section 89(1) under which property is insured against physical loss or damage
12: Section 102 amended (FENZ’s power to determine liability for levy in case of levy avoidance arrangement)
In section 102(3) amount insured sum insured
13: Section 141 amended (Levy regulations)
1: In section 141(1) against physical loss or damage under a contract of insurance
2: Replace section 141(2)
2: The regulations must,—
a: in respect of every motor vehicle that is insured under a contract of motor vehicle insurance, prescribe an annual levy amount per vehicle:
b: in respect of all other property that is insured under a contract of fire insurance, prescribe an annual rate of levy as a proportion of the sum insured.
14: Section 142 amended (Procedure for levy regulations)
Replace section 142(4)(b)
b: an estimate of the total sum insured for property insured under contracts of fire insurance and the likelihood of any change in that amount:
15: Schedule 1 amended
1: In Schedule 1 30 June 2025 30 June 2030
2: In Schedule 1 30 June 2025 30 June 2030
3: In Schedule 1, clause 42(1) 30 June 2025 30 June 2030
4: In Schedule 1, clause 42(2)(c) amount insured sum insured
5: In Schedule 1, clause 42(4)(b) 30 June 2025 30 June 2030
6: In Schedule 1, clause 43(1) amount insured or the declared value of the property sum insured


1: Title
This Act is the Crimes (Child Exploitation Offences) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Crimes Act 1961 2023-04-13 Crimes Act 1961
4: New section 131AB inserted (Grooming for sexual conduct with young person)
After section 131A
131AB: Grooming for sexual conduct with young person
1: A person aged 18 years or over is liable to imprisonment for a term not exceeding 3 years, if—
a: they communicate by words or conduct with a person under the age of 16 years (the young person
b: they do so intending to facilitate the young person engaging or being involved in conduct that would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), or (f)(i) of section 98AA(1).
2: It is immaterial whether or not a response is made to the communication by the young person.
3: A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person
4: It is a defence to a charge under subsection (1) if the person charged proves that,—
a: before the time they took the action concerned, they had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
b: at the time they took the action concerned, they believed on reasonable grounds that the young person was of or over the age of 16 years.


1: Title
This Act is the Severe Weather Emergency Recovery Legislation Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Preliminary provisions
3: Purposes
1: The principal purpose of this Act is to assist communities and local authorities affected by the severe weather events to respond to, and recover from, the impacts of the severe weather events and, in particular, to—
a: provide for the planning, rebuilding, and recovery of affected communities and persons, including—
i: the rebuilding of land, infrastructure, and other property of affected communities or of any affected persons; and
ii: the development, building, or rebuilding of land, infrastructure, or other property or access to resources or services in areas not affected by the severe weather events; and
iii: safety enhancements to, and improvements to the resilience of, that land, infrastructure, or other property; and
iv: facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery; and
v: facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing the resilience, of affected communities or of any affected persons; and
vi: facilitating the restoration and resilience of the environment; and
b: provide for economic recovery.
2: This Act also has the purpose of—
a: ensuring that certain activities normally undertaken by people and agencies interacting with government agencies, Crown entities, and local authorities can continue to be undertaken after the severe weather events (whether in the same or a different way); and
b: supporting the operation of other legislation or enabling it to be relaxed or operate more flexibly, to take account of—
i: the severe weather events; or
ii: actions taken to respond to, or recover from, the severe weather events; and
c: amending other Acts to facilitate recovery from the severe weather events.
3: This Act facilitates the achievement of its purposes by providing opportunities for local Māori and local community group participation in the development of orders that affect them, without impeding a focused, timely, and expeditious recovery. 2011 No 12 s 3
4: Interpretation
1: In this Act, unless the context otherwise requires,— department legislation section 5(1) local authority
1: Auckland Council:
2: Bay of Plenty Regional Council:
3: Carterton District Council:
4: Central Hawke’s Bay District Council:
5: Far North District Council:
6: Gisborne District Council:
7: Hamilton City Council:
8: Hastings District Council:
9: Hauraki District Council:
10: Hawke’s Bay Regional Council:
11: Kaipara District Council:
12: Kawerau District Council:
13: Manawatu District Council:
14: Manawatū-Whanganui Regional Council:
15: Masterton District Council:
16: Matamata-Piako District Council:
17: Napier City Council:
18: Northland Regional Council:
19: Ōpōtiki District Council:
20: Ōtorohanga District Council:
21: Rangitikei District Council:
22: Rotorua District Council:
23: South Waikato District Council:
24: South Wairarapa District Council:
25: Tararua District Council:
26: Taupo District Council:
27: Tauranga City Council:
28: Thames-Coromandel District Council:
29: Waikato District Council:
30: Waikato Regional Council:
31: Waipa District Council:
32: Wairoa District Council:
33: Waitomo District Council:
34: Wellington Regional Council:
35: Western Bay of Plenty District Council:
36: Whakatane District Council:
37: Whangarei District Council Minister order section 7 Panel section 13 rebuilding
a: demolishing, removing, disposing of, reconstructing, altering, extending, repairing, improving, subdividing, or converting any land, infrastructure, or other property:
b: rebuilding communities recovery relevant Minister
a: in relation to any legislation (other than this Act or an instrument referred to in paragraph (b)), means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for the administration of the legislation:
b: in relation to a plan, programme, bylaw, or rule, means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for—
i: the administration of the Act under which that instrument is made; or
ii: if that instrument is made under secondary legislation, the administration of the Act under which the secondary legislation is made severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023 severe weather events affected area
a: the districts or regions of the local authorities affected (whether directly or indirectly) by 1 or more severe weather events; and
b: the districts or regions of the local authorities where land, infrastructure, other property, resources, or services are required to support an area affected by 1 or more severe weather events; and
c: the parts of the coastal marine area (within the meaning of section 2(1) territorial authority section 5(1)
2: For the purposes of applying the definition of local authority,—
a: the Manawatū-Whanganui Regional Council may perform or exercise its functions and powers under this Act or any Order in Council made under this Act only in relation to those parts of the districts of the following territorial authorities that are within the boundaries of the Manawatū-Whanganui Regional Council:
i: Manawatu District Council:
ii: Rangitikei District Council:
iii: Tararua District Council:
iv: Taupo District Council:
v: Waitomo District Council:
b: the Wellington Regional Council may perform or exercise its functions and powers under this Act or any Order in Council made under this Act only in relation to those parts of the districts of the following territorial authorities that are within the boundaries of the Wellington Regional Council:
i: Carterton District Council:
ii: Masterton District Council:
iii: South Wairarapa District Council:
iv: Tararua District Council.
3: If there is more than 1 relevant Minister for an order, the references in this Act to the relevant Minister must be treated as references to those Ministers acting together (unless the context otherwise requires).
4: For the purposes of paragraph (a) of the definition of severe weather events affected area, an effect on an affected area includes circumstances where subsequent events exacerbate the damage or other effects in that area caused by 1 or more serious weather events.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Orders in Council
7: Governor-General may make Orders in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, grant exemptions from, modify, or extend any legislation, or any provisions of any legislation referred to in Schedule 2
2: An exemption from, modification of, or extension of any legislation or a provision—
a: may be absolute, or subject to terms or conditions; and
b: may be made by—
i: stating alternative means of complying with the legislation or provision:
ii: creating or substituting a discretionary power for the provision.
3: An exemption from, modification of, or extension of any legislation or a provision may be for the purposes of enabling the relaxation or suspension of legislation, or provisions in legislation, referred to in Schedule 2
a: may divert resources away from the effort to—
i: efficiently respond to the damage caused by a severe weather event:
ii: minimise further damage; or
b: may not be reasonably capable of being complied with, or complied with fully, owing to—
i: the circumstances resulting from 1 or more severe weather events:
ii: the effect of those events:
iii: work that is undertaken or needs to be undertaken to respond to or recover from those events.
4: Subsections (2) and (3) do not limit subsection (1).
5: In this Act, modify
a: in relation to legislation, includes adding provisions (including provisions that are additional):
b: in relation to a provision, includes replacing, disapplying, or suspending the provision:
c: includes dealing with a new subject matter if that is reasonably necessary in order to achieve the purposes of an order.
6: Orders in Council made under this section are secondary legislation ( see Part 3 2011 No 12 s 71 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Key restrictions on orders
8: Relevant Minister may recommend order only for 1 or more purposes of Act, etc
1: The relevant Minister must not recommend the making of an order unless—
a: the relevant Minister is satisfied that—
i: the order is necessary or desirable for 1 or more purposes of this Act (other than the matter described in section 3(3)
ii: the extent of the order is not broader (including geographically broader in application) than is reasonably necessary to address the matters that gave rise to the order; and
iii: the order does not breach section 11
iv: the order does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990
b: a draft of the order has been reviewed by the Panel; and
c: a draft of the order has been provided to—
i: the Committee of the House of Representatives that is responsible for the review of secondary legislation; or
ii: if Parliament has been dissolved or has expired, each leader of a political party represented in the most recent Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and
d: the relevant Minister has had regard to—
i: the Panel’s recommendations on the draft order; and
ii: the comments on the draft order (if any) that are provided by the Committee or a leader referred to in paragraph (c) and that are provided within 3 working days after the date on which the draft order is first provided under paragraph (c) (or within any longer time allowed by the relevant Minister); and
e: if the order relates to the Resource Management Act 1991
i: the effects on the environment that could occur as a result of the order; and
ii: whether any adverse effects can be avoided, remedied, or mitigated; and
f: the engagement process under section 9
2: The draft order provided to the Panel and under subsection (1)(c) must be accompanied by a draft of the relevant Minister’s reasons for a recommendation under subsection (1) (including why the draft order is appropriate).
3: Where a draft of the order has been subject to the process under subsection (1)(b), (c), (d), (e), or (f), that paragraph applies to a subsequent draft of the order only if the relevant Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process. 2011 No 12 s 74
9: Engagement about proposal
1: For the purposes of section 8(1)(f)
a: make available the document referred to in subsection (2) to—
i: the persons or representatives of persons that the relevant Minister considers appropriate (including local Māori and local community groups), given the proposed effect of the order; or
ii: the public generally; and
b: invite those persons to make written comments on the document; and
c: give those persons 3 working days from the giving of the invitation within which to make their comments to the relevant Minister (or any longer time allowed by the relevant Minister); and
d: have regard to those comments that are received within the 3-working-day period (or within the longer time allowed by the relevant Minister).
2: The document must include—
a: an explanation of what the proposed order is intended to achieve; and
b: a description of the effect of the proposed order; and
c: an explanation of why the relevant Minister considers that the order is necessary or desirable for 1 or more purposes of this Act.
3: Subsections (1) and (5) and section 8(1)(f)
a: engagement is impracticable in the circumstances; or
b: the urgency of the situation requires that the order be made as soon as practicable without that engagement.
4: If subsection (3) is relied on, the relevant Minister’s reasons for relying on that subsection must be published together with the order.
5: The relevant Minister may extend the period allowed for the provision of comments under subsection (1)(c) or (d) for a period specified by the relevant Minister, if the relevant Minister considers this desirable, in light of local Māori interests and local community group interests likely to be affected by the order.
10: Reasons for order
If the relevant Minister makes a recommendation under section 7
11: Further restrictions on orders
1: Despite anything else in this Act, an order must not—
a: grant an exemption from or modify a requirement to—
i: release a person from custody or detention; or
ii: have any person’s detention reviewed by a court, Judge, or Registrar; or
b: grant an exemption from or modify a restriction on keeping a person in custody or detention; or
c: grant an exemption from or modify a requirement or restriction imposed by the Bill of Rights 1688 Constitution Act 1986 Electoral Act 1993 Judicial Review Procedure Act 2016 New Zealand Bill of Rights Act 1990 Parliamentary Privilege Act 2014
d: contain any provision that has the effect of amending a provision of this Act.
2: Subsection (1)(d) does not limit section 19 2011 No 12 s 71(6)
12: Orders must be kept under review
1: The relevant Minister must keep under review all orders for which they are responsible under section 7
2: For the purposes of subsection (1), the relevant Minister, in carrying out the review, must decide whether they continue to be satisfied in relation to the matters specified in section 8(1)(a) 2020 No 12 s 14(5) Severe Weather Events Recovery Review Panel
13: Severe Weather Events Recovery Review Panel
1: The Minister must appoint a Severe Weather Events Recovery Review Panel of up to 12 persons who have appropriate knowledge, skills, and experience to assist the Panel to perform its functions.
2: One of the members must be a former or retired Judge of the High Court (and that member will be the convener).
3: In appointing members of the Panel, the Minister must consider appointing members with—
a: knowledge, experience, or expertise in relation to 1 or more of the following matters:
i: law (including if possible, the Māori land tenure system under Te Ture Whenua Maori Act 1993
ii: environmental protection, health protection, primary industries, biodiversity, or climate change:
iii: the following interests in the severe weather events affected areas (whether that knowledge, experience, or expertise is local, regional, or applies more widely in the severe weather events affected areas):
A: local Māori interests:
B: community interests (including rural interests):
iv: emergency management (including recovery and resilience):
b: local perspectives in the severe weather events affected areas of Māori, Māori communities, and their interests and values, including mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture), iwi, and hapū.
4: The Minister may seek nominations for appointments to the Panel from—
a: Local Government New Zealand; and
b: those Māori entities that the Minister considers have relevant knowledge of the severe weather events affected areas.
5: In this section, Māori entity
a: has the same meaning as in section 9
b: includes any entity or other body, incorporated or unincorporated, comprising or representing a collective group whose members are 1 or more of the Māori entities.
14: Matters relating to appointment
1: A member of the Panel must be appointed by notice of appointment in writing that—
a: states the date on which the appointment takes effect; and
b: states the term of the appointment.
2: If, for any reason, the convener is unable or unwilling to act in relation to a matter or class of matters,—
a: the convener may designate any other member of the Panel to act in the convener’s place; or
b: if the convener is unable or unwilling to act under paragraph (a), the Minister may designate any other member of the Panel to act in the convener’s place.
3: If a person ( A section 15
4: An appointed member vacates office if they—
a: are removed by written notice given by the Minister; or
b: resign by written notice given to the Minister.
5: The department must provide administrative support for the Panel. 2011 No 12 s 72
15: Panel may act by division
1: The convener may determine that the Panel may act in separate divisions of the Panel in relation to any matter or class of matters.
2: A division must, subject to section 14(2) and (3)
a: the convener; and
b: at least 3 other members of the Panel selected by the convener.
3: For the purposes of acting in relation to any matter or class of matters referred to a division of the Panel, the Panel consists of the division and section 16
16: Functions of Panel
1: The functions of the Panel are—
a: to review draft orders; and
b: to provide advice on request to both the Minister and the relevant Minister in relation to orders that may be required for 1 or more purposes of this Act.
2: Within 3 working days after the date on which a draft order is received for review, or within any longer time allowed by the relevant Minister, the Panel must—
a: review the draft; and
b: give the Panel’s recommendations to both the Minister and the relevant Minister.
3: A review by the Panel may be conducted in any manner that the convener thinks appropriate, including by telephone or video conference.
4: The convener has a casting vote if there are more than 2 members voting and there is an equality of votes.
5: The relevant Minister must ensure that the Panel’s recommendations on a draft order are publicly available on an Internet site.
6: The Panel’s recommendations must include the Panel’s reasons for making the recommendations.
7: The relevant Minister must, as soon as practicable after receiving the Panel’s recommendations on a draft order, present a copy of the recommendations to the House of Representatives. 2011 No 12 s 73 Further provisions about orders
17: Orders revoked on close of 31 March 2028
Every order is revoked on the close of 31 March 2028 (unless sooner revoked). 2028-04-01 Severe Weather Emergency Recovery (Local Government) Amendment Order 2023
18: Validity of orders
1: An order may not be held invalid just because—
a: it is, or authorises any act or omission that is, inconsistent with any legislation referred to in Schedule 2
b: it confers any discretion on, or allows any matter to be determined or approved by, any person.
2: An order may be expressed to come into force on a day that is before, on, or after the date on which it is made, but not earlier than the first day of the earliest relevant severe weather event, and the order comes into force or, as the case may be, is deemed to have come into force accordingly.
3: An order may be retrospective only to the extent provided for in subsection (2).
4: So far as it is authorised by this Act, an order has the force of law as if it were enacted as a provision of this Act.
5: This section is subject to section 11 2011 No 12 s 75 Other orders
19: Order in Council may specify additional Acts
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more Acts for the purposes of Schedule 2
2: The Minister may make a recommendation for an Order in Council under subsection (1) only if—
a: the Minister is satisfied that—
i: the Order in Council is necessary or desirable for 1 or more purposes of this Act; and
ii: the Order in Council does not breach section 11(1)(a) to (d)
b: a draft of the Order in Council has been provided to each leader of a political party represented in the current Parliament or, if Parliament has been dissolved or has expired, the most recent Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and
c: the Minister is satisfied that there is unanimous or near-unanimous support for the Order in Council from those leaders.
3: The draft order provided under subsection (2)(b) must be accompanied by a draft of the Minister’s reasons for a recommendation under subsection (2) (including why the draft order is appropriate).
4: An Order in Council under section 7 section 18(2) and (3) section 7
5: Where a draft of the Order in Council has been subject to the process under subsection (2)(b) or (c), that paragraph applies to a subsequent draft of the order only if the Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process.
6: Orders in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
20: Order in Council to add Acts revoked if not approved by House
1: An Order in Council under section 19
2: The relevant period
a: the period of 10 sitting days of the House of Representatives after the date on which the Order in Council is made:
b: the period of 28 days after the date on which notice that the Order in Council has been made is given in the Gazette
3: An order under section 7 section 19
21: Reasons for order
If the Minister makes a recommendation under section 19
3: Amendments to other legislation
Part 3 repealed close of 1 October 2024 section 34(3)
1: Amendments to Local Government Act 2002
Subpart 1 repealed close of 30 September 2023 section 34(1)
22: Principal Act
2023-04-13 Local Government Act 2002 Section 22 repealed close of 30 September 2023 section 34(1) Special consultative procedure Heading repealed close of 30 September 2023 section 34(1)
23: New sections 83B and 83C inserted
Section 23 repealed close of 30 September 2023 section 34(1) Amendment of long-term plans Heading repealed close of 30 September 2023 section 34(1)
24: New section 93DA inserted (Amendments to long-term plan after severe weather events)
Section 24 repealed close of 30 September 2023 section 34(1)
25: New section 94A inserted (Long-term plan amended during recovery from severe weather events)
Section 25 repealed close of 30 September 2023 section 34(1)
26: New section 95AAA inserted (2023/2024 annual plan due date)
Section 26 repealed close of 30 September 2023 section 34(1)
27: Schedule 8 amended
Section 27 repealed close of 30 September 2023 section 34(1)
2: Amendment to Local Government (Auckland Council) Act 2009
Subpart 2 repealed close of 30 September 2023 section 34(1)
28: Principal Act
2023-04-13 Local Government (Auckland Council) Act 2009 Section 28 repealed close of 30 September 2023 section 34(1)
29: New section 96A inserted (Timing of public meeting for shareholder feedback on 2023/2024 statement of intent)
Section 29 repealed close of 30 September 2023 section 34(1)
3: Amendments to Resource Management Act 1991
Subpart 3 repealed close of 1 October 2024 section 34(3)
30: Principal Act
2023-04-13 Resource Management Act 1991 Section 30 repealed close of 1 October 2024 section 34(3)
31: Section 329A amended (Interpretation)
Section 31 repealed close of 1 October 2024 section 34(3)
32: Section 331B amended (Owner or occupier of rural land may take emergency preventive or remedial measures)
Section 32 repealed close of 1 April 2024 section 34(2)
4: Reporting on and repeal of this Act
Report on operation of this Act
33: Reports on operation of this Act
1: The Minister must, at least once every 6 months, present to the House of Representatives a report relating to the operation of this Act since the last report was presented (or, in the case of the first report, since the commencement of this Act).
2: The report must, for the period covered by the report, include—
a: a list of the Orders in Council made under this Act during the period; and
b: a brief description of those orders. Repeal
34: Repeal of this Act
1: Subparts 1 2
2: Section 32
3: Subpart 3 section 32
4: Sections 7 to 21 Schedule 2
5: The rest of this Act is repealed on the close of 31 March 2028. 2023-10-01 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(1) 2024-04-02 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(2) 2024-10-02 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(3) 2026-04-01 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(4) 2028-04-01 Severe Weather Emergency Recovery Legislation Act 2023


1: Title
This Act is the Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023.
2: Commencement
1: This Act comes into force on the day after the date of Royal assent.
2: Section 13 Security Information in Proceedings Act 2022 section 2(1)(a) or (b)
3: Sections 15 to 24 Security Information in Proceedings (Repeals and Amendments) Act 2022 section 2(1)(a) or (b)
1: Amendments to Terrorism Suppression Act 2002
3: Principal Act
This Part amends the Terrorism Suppression Act 2002 2023-05-10 Terrorism Suppression Act 2002 excluding sections 12–24
4: Section 4 amended (Interpretation)
In section 4(1) imprisoned sections 35A to 35E Part 2 section 35G
5: Section 23 amended (Further provisions relating to final designation)
In section 23(h) section 34 or 35D
6: Section 30 amended (Information available to Prime Minister)
In section 30
a: replace or to revoke , revoke, or renew
b: replace or section 22 or section 34, , 22, 34, 35, or 35D
7: Section 35 amended (Designations under section 22 to expire after 3 years unless renewed by Prime Minister)
In section 35(1)(a) section 34 or 35D
8: New sections 35A to 35G and cross-headings inserted
After section 35 Effect on final designation if entity imprisoned
35A: Effect on final designation if entity imprisoned
When sections 35B to 35F apply
1: Sections 35B to 35F
a: the subject of a designation made under section 22 as—
i: a terrorist entity; or
ii: an associated entity; and
b: imprisoned (as defined in section 35G When imprisonment starts does not matter
2: Sections 35B to 35F
a: the time when the designation takes effect:
b: the time when the last renewal (if any) of the designation takes effect.
35B: Certain revocation applications stopped
While the entity is imprisoned, no application for revocation of the designation can be made under section 34(1)(a) or (b) on the ground specified in section 34(3)(b).
35C: Duration of designation extended (3-year period until expiry paused)
1: While the entity is imprisoned, any incomplete 3-year period, or further 3-year period, under section 35, for expiry of the designation, does not run or end.
2: When the entity ceases to be imprisoned, that period, or further period, resumes, and the designation may expire (if it is not renewed under section 35).
35D: Periodic review whether designation no longer justified
1: The Prime Minister must, at least once every 3 years while the entity is imprisoned, review the designation and decide whether it is no longer justified.
2: The Prime Minister must revoke under this section a designation that they decide under this section is no longer justified ( see also
35E: Periodic review: when designation no longer justified
1: The Prime Minister may decide a designation is no longer justified under section 35D
2: Subsection (1)
35F: Periodic review: procedure
For a review under section 35D
a: must take reasonable steps to allow the following to make available relevant information:
i: the entity; and
ii: a third party with an interest in the designation that, in the Prime Minister’s opinion after having regard to section 34(2), is an interest apart from any interest in common with the public; and
b: must take into account any relevant information made available in response to those steps; and
c: may take into account any other relevant information, including classified security information ( see also
35G: Definition: when entity is imprisoned
Definition
1: For sections 35A to 35E imprisoned Prisoner under Corrections Act 2004
a: is in the legal custody under the Corrections Act 2004 of—
i: the chief executive (as defined in section 3(1) of that Act); or
ii: the Commissioner of Police; or Arrested and detained or sentenced for armed forces discipline
b: is arrested and detained under the Armed Forces Discipline Act 1971 pending release or trial; or
c: is a service detainee or a service prisoner (as those terms are defined in section 4 of the Prisoners' and Victims' Claims Act 2005). When entity may be in specified legal custody under Corrections Act 2004
2: Subsection (1)(a)
a: is detained for the purposes of any remand pending or during trial or sentence in the District Court or High Court; or
b: is detained in a prison as a young person (aged 17 years), pending hearing in the Youth Court, and under an order made under section 238(1)(f) of the Oranga Tamariki Act 1989; or
c: is serving a sentence of imprisonment (for example, is serving a sentence of imprisonment as a young person—
i: detained under that sentence in a prison or in a Police jail under section 34(1) or (2) of the Corrections Act 2004; and so
ii: not detained under that sentence in a residence under section 34A(1) of that Act); or
d: is detained under the Immigration Act 2009 (for example, pending deportation); or
e: is detained under the Extradition Act 1999 (for example, pending the surrender of the entity to the extradition country). Meaning of young person
3: In this section, young person Classified security information, and notification
9: Section 42 amended (Notification of revocation, expiry, or invalidity of designations)
In section 42(1) or section 35 , 35, or 35D
10: Section 59 amended (Discharge of order under section 55 on appeal)
In section 59(2) section 34 or 35D
11: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Part 1 of Schedule 1
b: make all necessary consequential amendments. Consequential amendment to Security Information in Proceedings Act 2022
12: Principal Act
Section 13 Security Information in Proceedings Act 2022 2023-11-28 Security Information in Proceedings Act 2022 if not brought into force ealier by OIC
13: Section 4 amended (Interpretation)
In section 4 security information SI 38 34 Consequential amendments to Security Information in Proceedings (Repeals and Amendments) Act 2022
14: Principal Act
Sections 15 to 24 Security Information in Proceedings (Repeals and Amendments) Act 2022 2023-11-28 Security Information in Proceedings (Repeals and Amendments) Act 2022 if not brought into force ealier by OIC
15: Section 71 amended (New section 29D inserted (Notification of decisions about expiry or revocation of designations))
1: In section 71 Expiry or revocation of designation
2: In section 71 or 29C , 29C, or 35D
3: In section 71 Decision to decline application for revocation of designation
4: In section 71 Decision under section 35D
4: If the Prime Minister decides that the result of a review under section 35D
5: If the Prime Minister relied on classified security information in deciding that the result of a review under section 35D
a: the Prime Minister relied on that kind of information; and
b: the entity may request that a summary of the classified security information be provided to them under section 31.
16: Section 73 replaced
Replace section 73
73: Section 30 amended (Information available to Prime Minister)
In section 30, replace 34, 35, 29B, 29C,
17: Section 74 amended (New sections 31 and 31A and cross-heading inserted)
1: In section 74 or 29D(3)(b) or section 29D(3)(b) or (5)(b)
2: In section 74
b: to decline an application for revocation of a designation under section 29C; or
c: the result of a review under section 35D
3: In section 74
b: to decline an application for revocation of a designation under section 29C; or
c: the result of a review under section 35D
18: New section 76A inserted (New section 34 inserted (Proceedings involving classified security information))
After section 76
76A: New section 34 inserted (Proceedings involving classified security information)
After section 33, insert:
34: Proceedings involving classified security information
1: This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.
2: If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 4A(1)(b)
3: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) section 41 section 36(3)
4: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4
19: New sections 78A to 78E inserted
After section 78
78A: Section 35B amended (Certain revocation applications stopped)
In section 35B section 34(1)(a) or (b) on the ground specified in section 34(3)(b) section 29C(1)(a) or (b) on the ground specified in section 29C(3)(b)
78B: Section 35C amended (Duration of designation extended (3-year period until expiry paused))
In section 35C(1) and (2) 35 29B
78C: Section 35D amended (Periodic review whether designation no longer justified)
In section 35D(2) 42 29D
78D: Section 35F amended (Periodic review: procedure)
In section 35F(a)(ii) 34(2) 29C(2)
78E: Cross-heading below section 35G repealed
Repeal the cross-heading below section 35G
20: Section 79 replaced (Section 38 replaced (Procedure in proceedings involving classified security information))
Replace section 79
79: Section 38 repealed (Procedure in proceedings involving classified security information)
Repeal section 38.
21: Section 81 amended (Section 42 amended (Notification of revocation, expiry, or invalidity of designations))
1: In the heading to section 81 amended renumbered as section 35 and repositioned
2: Before section 81(1), insert:
1AAA: Renumber section 42 as section 35 and reposition it after section 34 section 76A
3: Replace section 81(2)
2: In section 42(1) expires or is revoked or is found to be or to have been invalid, under section 34, 35, or 35D is found to have been invalid
22: Section 81A inserted (Section 56 amended (Notice of application under section 55))
After section 81
81A: Section 56 amended (Notice of application under section 55)
In section 56(4), replace 38 34
23: Section 82 amended (Section 58 amended (Appeal against decision on application under section 55))
In section 82 section 38 section 34
24: Schedule 6 amended
1: In Schedule 6 relevant action decisions of the Prime Minister
2: In Schedule 6 relevant action
e: a decision of the Prime Minister that the result of a review under section 35D
3: In Schedule 6 section 38 proceedings section 34 proceedings section 34
4: In Schedule 6 38 34
5: In Schedule 6 Section 38 proceedings commenced before the commencement date, and Proceedings to which section 38 (as in force before the commencement date) applied, and that were
2: Amendments to Terrorism Suppression (Control Orders) Act 2019
25: Principal Act
This Part amends the Terrorism Suppression (Control Orders) Act 2019 2023-05-10 Terrorism Suppression (Control Orders) Act 2019
26: Section 5 amended (Interpretation)
1: In section 5 community-based sentence EM address EM requirement see also section 17A EM requirement for a residential requirement
a: submit to electronic monitoring of compliance with a residential requirement of the control order concerned; and
b: co-operate with, and comply with any lawful direction given by, Police; and
c: not tamper with or damage or do anything to interfere with the functioning of the electronic monitoring equipment; and
d: otherwise comply with their obligations under the EM requirement for the residential requirement ( see section 17A overturned section 28A(1) (6) section 28A(3) to (5) post-detention conditions relevant occupant
a: if it is a family residence, every person of or over the age of 16 years who ordinarily lives there; and
b: if it is any other residence, every person whom the Commissioner or the chief executive of the Department of Corrections identifies as being a relevant occupant for the purposes of section 16D and clause 3 of Schedule 3 residential requirement sentence of home detention
2: In section 5 relevant offender section 6(5) or (6)
27: Section 6 amended (Meaning of relevant person)
1: In section 6(1AA)(b) subsection (5) or (6)
2: In section 6(5)(a) the commencement date of the Counter-Terrorism Legislation Act 2021 5 October 2021 (which is the commencement date of the Counter-Terrorism Legislation Act 2021)
3: After section 6(5) Commission of terrorism-related New Zealand offence punished by sentence of home detention or community-based sentence
6: This subsection applies to a person who is 18 years old or older and—
a: who, on or after the commencement date of the Counter-Terrorism Acts (Designation and Control Orders) Amendment Act 2023, committed, and was convicted of, a terrorism-related New Zealand offence ( see
b: who was sentenced, on or after that commencement date, for that offence, to a sentence of home detention or a community-based sentence; and
c: whose last day as an offender who is subject to that sentence of home detention (including while subject to post-detention conditions), or that community-based sentence, is after that commencement date. Effect of appeal against conviction or sentence
7: Subsections (5) and (6) section 28A
a: the convicted person or a prosecutor has appealed against the conviction or sentence; and
b: the sentence is suspended, or ceases to run, because of the filing of a notice of appeal or application for leave to appeal.
28: Section 8A amended (Meaning of terrorism-related New Zealand offence)
1: Replace section 8A(b)(ii)
ii: that involves a specified objectionable publication.
2: In section 8A
2: In this section, specified objectionable publication FVPC Act Publication deemed objectionable under section 3(2) of FVPC Act
a: the publication promotes or supports, or tends to promote or support, acts of torture or the infliction of extreme violence or extreme cruelty (as provided in section 3(2)(f) of the FVPC Act): Publication determined objectionable under section 3(3) of FVPC Act
b: the extent and degree to which, and the manner in which, the publication describes, depicts, or otherwise deals with acts of torture, the infliction of serious physical harm, or acts of significant cruelty (as provided in section 3(3)(a)(i) of the FVPC Act):
c: the extent and degree to which, and the manner in which, the publication promotes or encourages acts of terrorism (as provided in section 3(3)(d) of the FVPC Act).
29: Section 12 amended (Power to make)
In section 12(3)(a) privacy) , and their ability to comply with any conditions of any sentence they are serving, order they are subject to, or relevant conditions imposed upon them
30: Section 14 amended (Application required)
In section 14(2)(b) section 15(2)(a) or (b) or 16A(2)
31: Section 16A amended (Application for interim control order in respect of relevant offender)
In section 16A(1)(a)(ii) section 6(5)(c) or, as the case requires, on or before their last day as an offender who is subject to the sentence of home detention (including while subject to post-detention conditions), or the community-based sentence, mentioned in section 6(6)(c)
32: Section 16B amended (Application for final control order in respect of relevant offender)
In section 16B(1)(a)(ii) and (c)(ii) section 6(5)(c) or, as the case requires, on or before their last day as an offender who is subject to the sentence of home detention (including while subject to post-detention conditions), or the community-based sentence, mentioned in section 6(6)(c)
33: New sections 16C to 16E inserted
After section 16B
16C: Report on whether EM requirement practicable and appropriate
1: If the requirements of a control order sought are or include an EM requirement ( see
2: The report must address whether an EM requirement is practicable and appropriate, including—
a: whether the monitoring equipment will function adequately; and
b: if the report relates only or in part to an EM requirement for a residential requirement, complying with section 16D
3: The report may also address any of the following matters:
a: the relevant person’s circumstances, including their employment, training, and childcare commitments; and
b: any other matter that is or may be relevant to whether (and if so, on what terms, and any conditions) a control order should impose an EM requirement. 2000 No 38 s 30F
16D: EM address for EM requirement for residential requirement
1: In preparing a report under section 16C
a: whether the proposed EM address is appropriate for electronic monitoring of the relevant person, including whether there is any evidence of violence between—
i: the relevant person and any occupant of that address; and
ii: the relevant person and any person who may reasonably be expected to visit that address:
b: after following the steps set out in subsection (2)
2: Before ascertaining whether or not a relevant occupant consents, the Commissioner or the chief executive of the Department of Corrections must—
a: ensure that the occupant—
i: is aware of the nature of the circumstances that may lead to the relevant person becoming subject to an EM requirement for a residential requirement; and
ii: is aware of the nature of any past offending by the relevant person; and
iii: is aware of and understands the effects of an EM requirement for a residential requirement; and
b: inform the occupant that the information in paragraph (a)
c: inform the occupant that the information in paragraph (a) paragraph (b)
d: inform the occupant that consent to the relevant person remaining at the EM address with an EM requirement for a residential requirement can be withdrawn at any time and inform the occupant how they may withdraw their consent. 2000 No 38 s 30G
16E: Use of information obtained for report
1: The uses to which information obtained for the purpose of preparing a report under section 16C may be put are the following:
a: use in the determination of the application to which the report relates:
b: any use to which the relevant person has consented:
c: any other use that is or may be necessary for the purposes of this Act.
2: That information may not be used except in accordance with subsection (1) 2000 No 38 s 30H
34: Section 17 amended (Requirements that may be imposed)
1: In section 17(j) to remain at that address (except as authorised by or under section 18
2: Replace section 17(n)
n: require that the relevant person submits to electronic monitoring of compliance with the requirements of the control order concerned and complies with their other obligations under section 17A see also section 19(1)
3: After section 17(p)
q: require that the relevant person comply with any requirements that are not of a kind specified in paragraphs (a) to (p), that are specified in the order, and that are imposed under section 12(2)(b) and (c) and (3) for (as the case requires)—
i: the main purposes stated in section 3(a) and (b); or
ii: 1 or both of the incidental purposes stated in section 3(c).
35: New section 17A inserted
After section 17
17A: Relevant person’s obligations under EM requirement
Obligations under any EM requirement
1: A relevant person who is subject to a control order with an EM requirement must—
a: submit to electronic monitoring of compliance with the requirements of the control order concerned ( see section 17(n)
b: co-operate with, and comply with any lawful direction given by, Police; and
c: not tamper with or damage or do anything to interfere with the functioning of the electronic monitoring equipment. Obligations under EM requirement for residential requirement
2: A relevant person who is subject to a control order with an EM requirement for a residential requirement must (as well as complying with their obligations under subsection (1)
a: not leave the EM address at any time except as authorised by or under section 18
b: remain in the area of the EM address that has been defined under clause 3 of Schedule 3 section 18
c: present themselves at the door of the EM address when required to do so by a constable. Breach
3: A breach by a relevant person of an obligation under subsection (1) or (2) see
36: Sections 18 and 19 replaced
Replace sections 18 19
18: Limits on residential requirement
Daily limit on residential requirement
1: No residential requirement can require the relevant person to remain at a specified address for more than 12 hours in any 24-hour period. Authorised absences: general
2: A residential requirement does not prevent the relevant person from leaving a specified address—
a: as authorised under subsection (3) or (5)
b: to seek urgent medical or dental treatment; or
c: to avoid or minimise a serious risk of death or injury to the relevant person or any other person; or
d: to surrender themselves to Police custody. Authorised absences: court-authorised absences
3: A court imposing a residential requirement can authorise the relevant person to be absent from a specified address.
4: In authorising a relevant person to be absent from the specified address, the court must specify—
a: the time or times during which the relevant person may be absent; and
b: the purpose or purposes for which the relevant person may be absent. Authorised absences: Police-authorised absences
5: In addition to absences authorised under subsection (3) Further provision if EM requirement for residential requirement
6: If the relevant person is, or is to be, also subject to an EM requirement for a residential requirement,—
a: a specified address under section 17(j) must be the same as the EM address:
b: references in subsections (1) to (5) clause 3 of Schedule 3 2000 No 38 s 30M
19: Limits on EM requirement
Limit on any EM requirement
1: An EM requirement requires ( see section 17(n)
a: to submit to electronic monitoring of compliance with the requirements of the control order concerned; and
b: to comply with their other obligations under section 17A
2: An EM requirement may be imposed by a control order only—
a: under section 12(2)(b) or (c); and
b: for the relevant purposes mentioned in section 12(2)(b) or (c).
3: The court must not impose an EM requirement if the court considers that a less restrictive requirement or combination of requirements would be sufficient to achieve—
a: the main purposes stated in section 3(a) and (b); and (if applicable)
b: 1 or both of the incidental purposes stated in section 3(c).
4: The court must not impose an EM requirement unless the court is satisfied on reasonable grounds that the relevant person has been made aware of and understands their obligations under the EM requirement ( see section 17A
5: In considering whether (and if so, on what terms, and any conditions) to impose an EM requirement, the court—
a: must consider the report referred to in section 16C
b: may have regard to any other relevant information. Limits on EM requirement for residential requirement
6: In imposing an EM requirement for a residential requirement, a court must specify the EM address ( see also 18(6)(a)
7: The court must not impose an EM requirement for a residential requirement unless the court is satisfied on reasonable grounds ( see also section 16D
a: the proposed EM address is appropriate for the purpose of a control order with an EM requirement for a residential requirement:
b: it is practicable for the relevant person to remain at the proposed EM address:
c: every relevant occupant of the proposed EM address has consented to the relevant person remaining at the proposed EM address with an EM requirement for a residential requirement:
d: the consent of the relevant occupant has been obtained after the steps set out in section 16D(2) 2000 No 38 ss 30C, 30I, 30J
37: New section 20A and cross-heading inserted
After section 20 Management of EM requirement
20A: Management of EM requirement
An EM requirement, if imposed, is managed under Schedule 3
38: Section 21 amended (Service of control order)
In section 21(3) engagement in , or commission of,
39: Section 22 amended (Information to be served with interim control order made without notice)
In section 22(i)(ii) section 16(1)(b) or 16B(1)(b)
40: Section 25 amended (Duration)
Replace section 25(6)
6: A final control order expires (subject to earlier variation, discharge, or expiry of the order or its requirements and to section 26(2)) at the end of its duration.
7: However, the expiry of a final control order does not prevent another control order being applied for and made in respect of the same relevant person, but based on—
a: engagement in later and different terrorism-related activities in a foreign country; or
b: commission of a later and different terrorism-related New Zealand offence.
41: Section 26 amended (Renewal)
1: Replace section 26(4)
4: No control order can be renewed if it has expired under—
a: section 28B
b: section 29 (expiry if relevant person sentenced to long-term sentence).
2: In section 26(7) and 16(1) , 16(1), and 16B(1)
42: Section 28 amended (Suspension)
In section 28(1)(a) on remand , or in a prison on a recall
43: New sections 28A and 28B inserted
After section 28
28A: Discharge if conviction or sentence overturned on criminal appeal
When control order discharged
1: A control order made in respect of a relevant offender is discharged if, on a criminal appeal by the offender or by a prosecutor, the conviction or sentence specified in section 6(5) or (6)
2: The control order is discharged regardless of whether the relevant person is a relevant person in reliance on section 6(7) When conviction overturned
3: The conviction is overturned
a: without an order for retrial; or
b: with a retrial being ordered but—
i: not being proceeded with; or
ii: not resulting in a conviction specified in section 6(5) or (6)
iii: being ended by a stay of proceedings. When sentence overturned
4: The sentence is overturned
a: it is set aside or remitted; and
b: another sentence (whether more or less severe) specified in section 6(5) or (6)
5: The sentence is also overturned
a: it, or any part of it, or any condition of it, is varied (by an appeal court); and
b: because of that variation, the sentence imposed on the offender for the relevant offence is not a sentence specified in section 6(5) or (6)
28B: Expiry if relevant person recalled to prison and remains in prison because of that recall for at least 2 years
1: This section applies if, while a relevant person is subject to a control order, the relevant person is recalled to prison and remains in prison because of that recall (and not because of any later recall to prison of that relevant person) for at least 2 years.
2: The control order and its requirements expire, and the control order cannot be replaced by a final control order or renewed.
3: However, the expiry of the control order does not prevent another control order being applied for and made in respect of the same relevant person, but based on—
a: engagement in later and different terrorism-related activities in a foreign country; or
b: commission of a later and different terrorism-related New Zealand offence.
44: Section 29 amended (Expiry if relevant person sentenced to long-term sentence)
Replace section 29(2)
2: The control order and its requirements expire, and the control order cannot be replaced by a final control order or renewed.
3: However, the expiry of the control order does not prevent another control order being applied for and made in respect of the same relevant person, but based on—
a: engagement in later and different terrorism-related activities in a foreign country; or
b: commission of a later and different terrorism-related New Zealand offence.
45: Section 33 amended (Automatic suppression of identity of relevant person)
1: Replace section 33(4)
3A: The court may make an order that permits the publication—
a: on its own initiative; or
b: on an application for the purpose made by the Commissioner or by the person.
3B: In particular, the court may make an order that permits the publication—
a: on an application for the purpose made by the Commissioner, if—
i: the Commissioner has made, without notice to the person, an application for a control order in respect of the person; and
ii: the court has not yet heard or finally determined the application for the control order in respect of the person:
b: on an application for the purpose made by the Commissioner or by the person, if—
i: the Commissioner has made, on notice to the person, an application for a control order in respect of the person; and
ii: the court has not yet heard or finally determined the application for the control order in respect of the person.
4: The court may make an order that permits the publication—
a: only if satisfied that permitting the publication is consistent with the purposes of this section; and
b: if the order is made on an application by the person, only if satisfied that the person understands the nature and effect of their decision to apply for the order.
2: After section 33(5)
5A: For the purposes of subsection (5)(a), the ground in section 21(1)(i) of the Human Rights Act 1993 must be taken to be age, which means any age commencing with the age of 16 years
46: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 2 of Schedule 1
b: make all necessary consequential amendments.
47: Schedule 2 amended
In Schedule 2 privacy) , and their ability to comply with any conditions of any sentence they are serving, order they are subject to, or relevant conditions imposed upon them
48: New Schedule 3 inserted
After Schedule 2 Schedule 3 Schedule 2


1: Title
This Act is the Appropriation (2021/22 Confirmation and Validation) Act 2023.
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—
a: to confirm and validate matters relating to the 2021/22 financial year; and
b: to validate a matter relating to the 2017/18, 2018/19, 2019/20, and 2020/21 financial years.
4: Interpretation
1: In this Act,— 2017/18 financial year 2018/19 financial year 2019/20 financial year 2020/21 financial year 2021/22 financial year
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2022 2023-05-18 Public Finance (Transfers Between Outputs) Order 2022
6: Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B subsections (2) and (3)
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 1
3: The amount of the approved expenses is shown in column 4 of Schedule 1
7: Validation of unappropriated expenses and capital expenditure for 2021/22 financial year
1: The incurring of expenses or capital expenditure by a department in the circumstances set out in subsection (2), (3), (4), or (5) section 26C
2: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 2
b: the expenses referred to in paragraph (a)
3: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses or capital expenditure in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 3
b: the expenses or capital expenditure referred to in paragraph (a)
4: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses or capital expenditure, not within the scope of any existing appropriation, against the categories of expenses or capital expenditure set out in column 3 of Schedule 4
b: the expenses or capital expenditure referred to in paragraph (a)
5: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses in advance of the appropriations set out in column 3 of Schedule 5
b: the expenses referred to in paragraph (a)
6: In this section,— capital expenditure Schedule 3 4 department Schedule 2 3 4 5 expenses Schedule 2 3 4 5
8: Validation of unauthorised capital injection for 2021/22 financial year
1: The making of the capital injection set out in subsection (2) section 26CA
2: The capital injection is the capital injection of $568,000 that—
a: was made to the Office of the Ombudsman in the 2021/22 financial year; and
b: was made without authority under an Appropriation Act; and
c: was not made under the authority of an Imprest Supply Act.
9: Validation of unappropriated expenses incurred by Ministry of Social Development for 2017/18 to 2020/21 financial years
1: The incurring of expenses by the Ministry of Social Development for Vote Social Development in the circumstances set out in subsection (2)
2: The circumstances are that—
a: the amount of the expenses is,—
i: for the 2017/18 financial year, $1,488,000:
ii: for the 2018/19 financial year, $1,164,000:
iii: for the 2019/20 financial year, $1,653,000:
iv: for the 2020/21 financial year, $974,000; and
b: the expenses were incurred in making payments for accommodation assistance that were not in accordance with the statutory criteria; and
c: the expenses—
i: were not within the scope of any existing appropriation; and
ii: were not incurred under the authority of an Imprest Supply Act.