Sexual Violence Legislation Act 2021

1: Title
This Act is the Sexual Violence Legislation Act 2021.
2: Commencement
1: This Act comes into force on the day after Royal assent.
2: However, sections 4(1) and (3) 11 to 23 31 42 43 45 47 to 51
a: the date immediately after the end of the 12-month period that starts on the date of Royal assent:
b: an earlier date set by Order in Council.
3: An Order in Council made under this section is 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.
1: Amendments to Evidence Act 2006
Preliminary provisions
3: Amendments to Evidence Act 2006
This Part amends the Evidence Act 2006 2021-12-21 Evidence Act 2006 ss 4(2) and (4), 5–10 and 24 2022-12-21 Evidence Act 2006 ss 4(1) and (3), 11–23 unless brought in force by OIC earlier
4: Section 4 amended (Interpretation)
1: In section 4(1) communication assistance communication assistance
a: understand court proceedings; or
b: give evidence
2: In section 4(1) sexual case sexual case
a: a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—
i: an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or
ii: any other offence against a person of a sexual nature; and
b: for the purpose of sections 40(3)(b), 44 to 44A, and 95(1)
3: In section 4(1) sexual case complainant or propensity witness
a: a complainant who is to give or is giving evidence in a sexual case:
b: a witness for the prosecution who is to give or is giving evidence in a sexual case that is or includes propensity evidence (as defined in section 40(1)) related to their personal experience of a sexual nature with any 1 or more defendants
4: In section 4(1) sexual reputation section 44AA
a: means the way in which the complainant is regarded, by others, in sexual matters (including, without limitation, as having a particular sexual disposition or experience); but
b: excludes any witness’s evidence that is derived from the witness’s personal sexual experience with, or personal knowledge of the sexual disposition of, the complainant (evidence of which is subject to section 44
5: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Veracity: application
6: Section 36 amended (Application of subpart to evidence of veracity and propensity)
In section 36(3) section 44 sections 44 to 44A Propensity: evidence of propensity
7: Section 40 amended (Propensity rule)
1: In section 40(1)(b)(i) 1 one
2: In section 40(1)(b)(ii) proceeding in question civil
3: Replace section 40(3)(b)
b: a complainant in a sexual case in relation to the complainant’s sexual experience, sexual disposition, or sexual reputation may be offered only in accordance with sections 44 to 44A Complainants in sexual cases
8: Sections 44 and 44A replaced
Replace sections 44 44A
44: Evidence of sexual experience or sexual disposition of complainants in sexual cases
1: In a sexual case, unless a Judge gives permission (on an application made under this subsection and in accordance with section 44A
a: the sexual experience of the complainant with the defendant (except to establish 1 or both of the following:
i: the mere fact that the complainant has sexual experience with the defendant:
ii: an act or omission that is one of the elements of the offence for which the defendant is being tried, or that is the cause of action in the civil proceeding in question):
b: the sexual experience of the complainant with any person other than the defendant:
c: the sexual disposition of the complainant.
2: The Judge must not grant permission under subsection (1)
3: The permission of the Judge is not required to rebut or contradict evidence permitted to be given under this section.
4: In a sexual case in which the defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence against the complainant, subsection (1)(b)
5: This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.
6: In this section and sections 40(3)(b), 44AA, and 44A complainant
44AA: Evidence of sexual reputation of complainants in sexual cases
1: In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the sexual reputation of the complainant.
2: However, in a sexual case that is a specified civil proceeding (as defined in subsection (3) section 44A
3: A specified civil proceeding subsection (2)
a: a cause of action in the civil proceeding; or
b: a defence in the civil proceeding.
4: The Judge must not grant permission under subsection (2)
5: However, evidence (of the sexual reputation of the complainant) permitted to be given under this section cannot be used—
a: to support a claim of consent, or of reasonable belief in consent, to an act of a sexual nature; or
b: to prove the accuracy or truth of that reputation.
6: The permission of the Judge is not required to rebut or contradict evidence permitted to be given under this section.
7: This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.
44A: Application to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases
1: An application made under section 44(1) or 44AA(2) subsections (2) to (6)
a: every other party has waived those requirements; or
b: the Judge dispenses with those requirements.
2: A party who proposes to offer evidence about the sexual experience or sexual disposition or sexual reputation of a complainant must make a written application to a Judge, which must include—
a: the name of the person who will give the evidence; and
b: the subject matter and scope of the evidence; and
c: the reasons it is claimed that the evidence meets the test in section 44(2) or 44AA(4)
3: A party who proposes to ask any question about the sexual experience or sexual disposition or sexual reputation of a complainant must make a written application to a Judge, which must include—
a: the name of the person who will be asked the question; and
b: the question; and
c: the scope of the questioning sought to flow from the initial question; and
d: the reasons it is claimed that the evidence meets the test in section 44(2) or 44AA(4)
4: If any document is intended to be produced as evidence of the sexual experience or sexual disposition or sexual reputation of a complainant, the application required under subsection (2)
5: In a criminal proceeding, an application must be made, and a copy of the application must be given to all other parties,—
a: as early as practicable before the trial so that all other parties are provided with a fair opportunity to respond to the evidence or question:
b: unless a Judge otherwise permits under subsection (7)
6: In a civil proceeding, an application must be made, and a copy of the application must be given to all other parties,—
a: as early as practicable before the evidence is to be offered or the question is to be asked so that all other parties are provided with a fair opportunity to respond to the evidence or question; and
b: unless a Judge permits otherwise under subsection (7)
7: The Judge may dispense with any of the requirements in subsections (2) to (6)
a: having regard to the nature of the evidence or question proposed to be offered or asked, no party is substantially prejudiced by the failure to comply with a requirement; and
b: compliance was not reasonably practicable in the circumstances; and
c: it is in the interests of justice to do so. Trial process: questioning of witnesses
9: Section 85 amended (Unacceptable questions)
1: Replace section 85(1)
1: In any proceeding, if the Judge considers a question, or the way in which it is asked, is improper, unfair, misleading, needlessly repetitive, or expressed in language that is too complicated for the witness to understand, the Judge must disallow the question or direct that the witness is not obliged to answer it.
2: Replace section 85(2)(a)
a: the age, maturity, or vulnerability of the witness; and
3: After section 85(2)(e)
f: the nature of previous questions and any cumulative impact the questioning may have on the witness.
10: Section 95 amended (Restrictions on cross-examination by parties in person)
1: Replace section 95(1)
1: A defendant in or a party to a sexual case, or a defendant in or a party to a criminal or civil proceeding concerning family violence or harassment, is not entitled to personally cross-examine—
a: a complainant; or
b: any other witness (for example, a propensity witness) who has made an allegation against that defendant or party (as applicable),—
i: in a criminal proceeding, of an offence of a sexual nature, or of an offence of family violence or harassment; or
ii: in a civil proceeding, of a sexual nature, or of family violence or harassment; or
c: a child who is a witness of a kind not described in paragraph (a) or (b)
2: In section 95(5)
a: after A defendant in
b: replace his or her that defendant’s or party’s
3: In section 95(5)(a) and (b) the defendant or the party
11: Section 99 amended (Witnesses recalled by Judge)
After section 99(2)
3: This section is subject to section 106H Trial process: alternative ways of giving evidence
12: Section 102 replaced (Application)
Replace section 102
102: General provisions are subject to provisions for specific situations
Sections 103 to 106 (which provide for alternative ways of giving evidence) are subject to the following provisions (which deal with specific situations):
a: sections 106AA
b: sections 106C to 106J
c: sections 107AA
d: sections 108 and 109 (which relate to undercover Police officers):
e: sections 110 to 118 (which relate to anonymous witnesses).
13: Section 102A replaced (Relationship of Courts (Remote Participation) Act 2010 to sections 103 to 106)
Replace section 102A
102A: Relationship of Courts (Remote Participation) Act 2010 to this subpart
Nothing in the Courts (Remote Participation) Act 2010 affects or limits the ability of—
a: a witness to give evidence, or a party to apply for evidence to be given, under a provision of this subpart; or
b: a Judge to make directions under a provision of this subpart. Video record evidence
14: Section 106 amended (Video record evidence)
1: In section 106(1) an alternative way of giving evidence at the trial an alternative way of giving evidence in chief at the trial
2: In section 106(2) evidence evidence in chief
3: In section 106(3) an alternative way of giving evidence an alternative way of giving evidence in chief
4: In section 106(4) must be given to a defendant’s lawyer , subject to compliance with any conditions the Judge directs,
5: In section 106(6) that is to be offered by the prosecution
6: In section 106(9) which may or may not be offered by the prosecution Giving of evidence by family violence complainants
15: Section 106A replaced (Giving of evidence by family violence complainants)
Replace section 106A
106AA: Sections 106A and 106B apply to family violence complainants
Sections 106A family violence complainant
106A: Giving of evidence by family violence complainants
1: A family violence complainant is entitled to give their evidence in chief by a video record made before the hearing.
2: The video record must be one recorded—
a: by a Police employee; and
b: no later than 2 weeks after the incident in which it is alleged a family violence offence occurred.
3: If a video record is to be or has been used as the complainant’s evidence in chief, a Judge must give a direction under section 103 about how the complainant will give the other parts of their evidence, including any further evidence in chief.
4: Section 106 applies to a video record offered as the complainant’s evidence in chief under this section.
5: If the prosecution intends to use a video record as a complainant’s evidence in chief, the prosecution must provide the defendant and the court with a written notice stating that intention to do so.
6: Unless a Judge permits otherwise, the notice must be given no later than when a case management memorandum (for a Judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011. Giving of evidence by sexual case complainants or propensity witnesses
16: New sections 106C to 106J and cross-heading inserted
After section 106B Giving of evidence by sexual case complainants or propensity witnesses
106C: Sections 106D to 106J apply to sexual case complainants or propensity witnesses
Sections 106D to 106J
106D: Giving of evidence by sexual case complainants or propensity witnesses
1: A sexual case complainant or propensity witness is entitled to give evidence in 1 or more alternative ways so that—
a: the complainant or witness gives evidence in 1 or more of the following ways:
i: by a video record made before the trial:
ii: while in the courtroom but unable to see the defendant or some other specified person:
iii: from an appropriate place outside the courtroom, either in New Zealand or elsewhere:
b: by use of any appropriate practical and technical means the Judge, the jury (if any), and any lawyers can see and hear the complainant or witness giving evidence, in accordance with any regulations made under section 201:
c: the defendant can see and hear the complainant or witness, unless the Judge directs otherwise.
2: A sexual case complainant or propensity witness who gives evidence of any kind in one way is entitled to give the other parts of their evidence, including any further evidence in chief, in 1 or more other ways.
3: A prosecutor intending to call a sexual case complainant or propensity witness must provide every other party and the court with a written notice stating—
a: the 1 or more ways in which the complainant or witness will give their evidence (which may, unless the complainant or witness is a child, be or include the ordinary way); and
b: if the complainant’s or witness’s cross-examination evidence (as defined in subsection (7)
4: However, no notice is required under subsection (3)
a: the complainant or witness is a child who indicates their wish to give evidence or any part of their evidence in the ordinary way under section 83; and
b: the prosecutor applies under section 106E
5: Unless a Judge permits otherwise, the notice required under subsection (3)
a: if the notice states that the complainant or witness will give all or any of their cross-examination evidence (as defined in subsection (7)
b: in every case, no later than when a case management memorandum (for a Judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.
6: If a prosecutor has given notice under subsection (3)
7: In this section and sections 106G to 106IA cross-examination evidence
a: evidence in chief given by them further to their evidence recorded and offered under section 106:
b: evidence in re-examination given by them about matters arising out of their evidence given in cross-examination.
8: This section is subject to sections 106E to 106I
106E: Application by prosecutor for sexual case complainant or propensity witness who is child to give evidence in ordinary way
1: If a sexual case complainant or propensity witness who is a child indicates their wish to give evidence or any part of their evidence in the ordinary way under section 83, the prosecutor may apply to a Judge for a direction that the complainant or witness be permitted to do so.
2: Unless a Judge permits otherwise, an application under subsection (1)
3: The Judge—
a: may direct that the complainant or witness give evidence or any part of their evidence in the ordinary way, if satisfied that the complainant or witness fully appreciates the likely effect on the complainant or witness of doing so; and
b: before giving a direction, may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the complainant or witness of giving evidence in the ordinary way or any alternative way.
4: When considering whether to give a direction under this section, the Judge must have regard to—
a: whether the interests of justice require a departure from the usual procedure under section 106D(3)
b: the matters in section 103(3) and (4).
106F: Application by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way
1: Despite section 106D section 106D(3) section 106D
2: An application for a direction under subsection (1)
3: Before giving a direction under this section, the Judge—
a: must give each party an opportunity to be heard in chambers; and
b: may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the complainant or witness of giving evidence in the ordinary way or any alternative way.
4: When considering whether to give a direction under this section, the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—
a: whether the interests of justice require a departure from the usual procedure under section 106D(3)
b: the matters in section 103(3) and (4).
106G: Direction that sexual case complainant’s or propensity witness’s cross-examination evidence not be given by video record made before trial
1: Despite section 106F(4) section 106F section 106D(7)
a: the giving of that evidence in that way would present a real risk to the fairness of the trial; and
b: that risk cannot be mitigated adequately in any other way.
2: A direction referred to in subsection (1)
a: on an application made under section 106F
b: on the Judge’s own initiative.
3: For the purposes of subsection (1)
4: For the purposes of subsection (1)
a: the making of a video record will require the defence to disclose all or any of its strategy earlier than if all of the evidence of the complainant or witness were given in the ordinary way or in a different alternative way:
b: the defence will be unable to tailor its cross-examination to a jury’s reaction:
c: the making of a video record before the trial will involve preparation and other effort extra to that required for the trial:
d: complying with or using any appropriate practical and technical means for the making of a video record will involve more difficulty for all or any parties than if all of the complainant’s or witness’s evidence were given at the trial.
106H: Further cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial
1: This section applies to a sexual case complainant or propensity witness only if all of their evidence (except any further cross-examination evidence they give under this section) has been or is to be given by video record made before the trial.
2: The defence may apply to a Judge for a direction that the defence be permitted to further cross-examine the complainant or propensity witness after a video record is made of their cross-examination evidence.
3: The Judge may give the direction,—
a: if all parties agree that a recall of the complainant or propensity witness is necessary or desirable, under section 99 of this Act; and
b: in any other case, only if the Judge considers it would be contrary to the interests of justice not to do so (despite section 99 of this Act).
4: For the purposes of subsection (3)
a: whether further evidence, or an additional matter, has been disclosed, or has otherwise come to light, that is directly relevant to the determination of the case:
b: whether that further evidence, or that additional matter, can be adequately addressed without requiring the complainant to be further cross-examined.
5: If the Judge gives the direction, the complainant or propensity witness must give the further cross-examination evidence at trial (and so not by video record made before the trial).
6: However, the Judge may, if satisfied that exceptional circumstances make it impossible or impracticable for the further cross-examination evidence to be given at trial, amend the direction so that the complainant or propensity witness must give the further cross-examination evidence by video record made before the trial.
106I: Video record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial
1: A sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial must comply with all applicable enactments in or made under this Act and any other relevant Act (and those enactments apply with all necessary modifications) as if that evidence were being given at trial.
2: A video record made before trial of the complainant’s or propensity witness’s cross-examination evidence must be recorded and dealt with in compliance with any regulations made under this Act.
3: All parties must be given secure access to the recording, including a version edited under subsection (5)
4: All parties must be given the opportunity to make submissions about the admissibility of all or any part of the complainant’s or propensity witness’s cross-examination evidence that is given by a video record made before the trial.
5: The Judge may, on an application for the purpose made by any party or on the Judge’s own initiative, order to be excised from a video record made before the trial of the complainant’s or propensity witness’s cross-examination evidence all or any of the following material:
a: any material that, if the evidence were given in the ordinary way, would or could be excluded in accordance with this Act:
b: procedural content that is irrelevant to the determination of the proceeding (for example, witness breaks):
c: any other material that the parties agree is not to form part of the evidence.
6: After edits to a video record are ordered under subsection (5)
7: The Judge may admit a video record made before the trial of evidence, and that is recorded and dealt with substantially in accordance with the terms of any direction under this subpart and the terms of regulations referred to in subsection (2)
106IA: Procedure if video record evidence under section 106 not offered, or not admitted, as evidence in chief
1: This section applies if,—
a: a prosecutor gives a notice under section 106D(3)
b: for any reason, video record evidence under section 106 is not offered as an alternative way of the complainant or witness giving, or is not admitted as, evidence in chief (for example, because the record is of poor quality, or it contains inadmissible, or other non-complying, material).
2: The complainant or witness may give both their evidence in chief and their cross-examination evidence by a video record made before the trial.
3: The making and use of that video record must comply with—
a: the process, and requirements, specified in sections 106D to 106I
b: the process, and requirements, specified in regulations made under this Act that apply to a video record made under this section.
106J: Making of video record of sexual case complainant’s or propensity witness’s evidence given at trial and not given by video record made before trial
1: A video record must be made, in accordance with any applicable regulations made under section 201, of evidence (of any kind)—
a: given at trial by a sexual case complainant or propensity witness; and
b: not given by video record made before trial.
2: That video record may be used by the complainant or witness to give evidence in an alternative way under this Act (for example, in or for a retrial)—
a: in a sexual case, and under section 106D(1)(a)(i)
b: in any other proceeding, and under any other provisions of this subpart.
3: Section 106 (except section 106(4A) to (4C)) applies, with any necessary modifications, to the video record.
4: This section does not limit or affect a video record of a witness’s evidence being filed as a formal statement under the Criminal Procedure Act 2011, or section 99 (Oral evidence must be recorded) of that Act, or a witness giving oral evidence by way of a video record in accordance with an oral evidence order made under that Act. Giving of evidence by child witnesses
17: New section 107AA inserted (Sections 107 to 107B apply to child witnesses)
Before section 107, insert:
107AA: Sections 107 to 107B apply to child witnesses
Sections 107 to 107B apply to a child witness when giving evidence in a criminal proceeding unless the witness is a defendant who is a child or a sexual case complainant or propensity witness who is a child. Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
18: Cross-heading above section 119 amended
In the cross-heading above section 119 other than under section 106 or in Family Court proceedings that are not criminal proceedings or Family Court proceedings
19: Section 119 amended (Offences)
1: Replace section 119(1AA) to (1AC) Unauthorised possession of, or dealing with, any video record
1AA: A person who is in possession of, or who deals with, a video record (whether a video record made under section 106, or a video record made before or at the hearing or the trial under any of sections 106AA to 106J
a: if the person is an individual, to a fine not exceeding $2,000:
b: if the person is a body corporate, to a fine not exceeding $10,000. Video records to which offences in subsections (1AB) and (1AC) apply
1ABA: The offences in subsections (1AB) and (1AC) sections 106AA to 106J
a: any child complainant; or
b: any witness (including an adult complainant) in a sexual case or a violent case. Possession of video record with intention of unauthorised copying, supplying, or showing
1AB: A person who is in possession of a video record of a type specified in subsection (1ABA)
a: if the person is an individual, to a term of imprisonment not exceeding 6 months:
b: if the person is a body corporate, to a fine not exceeding $10,000. Unauthorised copying, supplying, or showing of video record
1AC: A person who copies, supplies, or shows a video record of a type specified in subsection (1ABA)
a: if the person is an individual, to a term of imprisonment not exceeding 6 months:
b: if the person is a body corporate, to a fine not exceeding $10,000. Contravention of witness anonymity order
2: Before section 119(4) Contempt of court
20: Section 119A replaced (Requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings)
Replace section 119A
119A: Requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
Definitions of disclose, proceedings, and video record
1A: In this section,— disclose
a: made by a Judge or judicial officer; and
b: made under a power existing under legislation other than this section proceedings
a: criminal proceedings; or
b: Family Court proceedings video record
a: any video record (whether a video record made under section 106, or a video record made before or at the hearing or the trial under any of sections 106AA to 106J
b: any copy, transcript, or summary of any video record referred to in paragraph (a) Police must not disclose video record unless order for disclosure complies
1: The Police must not disclose a video record to all or any parties to proceedings unless the order for disclosure is made in compliance with subsection (2) Restriction on Judge or judicial officer making order for disclosure
2: A Judge or judicial officer may make an order for disclosure of a video record to all or any parties to proceedings only if satisfied—
a: that the disclosure will not prejudice any criminal proceedings for which the video record may be offered as evidence; and
b: that, after considering the matters in section 119B, it is in the interests of justice to do so. Directions for how video record to be disclosed under order for disclosure
3: A Judge or judicial officer who makes an order for disclosure must, subject to subsection (4)
a: the video record, or a transcript or a summary of the video record:
b: an opportunity to view the video record:
c: access to 1 or more extracts or parts of the video record by any of the means in paragraphs (a) and (b)
4: A Judge or judicial officer may make a particular direction for the way in which the video record is to be disclosed if satisfied that, after considering the matters in section 119B, the direction is in the interests of justice. Disclosed video record must be dealt with in compliance with regulations made under section 201
5: A video record disclosed under this section to all or any parties to proceedings must be dealt with in compliance with any regulations made under section 201. Trial process: judicial directions
21: New section 126A inserted (Judicial directions about misconceptions arising in sexual cases)
After section 126
126A: Judicial directions about misconceptions arising in sexual cases
1: In a sexual case tried before a jury, the Judge must give the jury any direction the Judge considers necessary or desirable to address any relevant misconception relating to sexual cases.
2: Misconceptions relating to sexual cases (all or any of which the Judge may consider relevant in the case) include, but are not limited to, misconceptions—
a: about the prevalence or features of false complaints in sexual cases:
b: that a victim or an offender in a sexual case has, or does not have, particular stereotypical characteristics:
c: that sexual offending is committed only by strangers, or is less serious when committed by a family member (including, but not limited to, a spouse, civil union partner, or de facto partner) or by an acquaintance:
d: that sexual offending always involves force or the infliction of physical injuries:
e: that, in a sexual case, a complainant is less credible or more likely to have consented, or a defendant’s belief in consent is reasonable, based solely on the complainant—
i: dressing provocatively, acting flirtatiously, or drinking alcohol or taking drugs:
ii: being in a relationship with a defendant, including a sexual relationship:
iii: maintaining contact with a defendant, or showing a lack of visible distress, after the alleged offending.
3: This section does not limit or affect—
a: section 127 (delayed complaints or failure to complain in sexual cases):
b: any regulations made under section 201(1)(m) (warning or informing jury about very young children’s evidence). 1961 No 43 s 128A; SR 2007/204 r 49 Regulations
22: Section 201 amended (Regulations)
1: In section 201(1)(a) the procedure to be followed ( see also section 201A
2: In section 201(1)(ga) the custody or return of video records access to or the disclosure or sharing of video records, or
3: In section 201(1)(ia) video records or of transcripts of video records (including the destruction of copies or summaries of, or of extracts or parts of, video records or transcripts of video records)
4: Repeal section 201(1)(ib)
23: New section 201A inserted (Regulations made under section 201(1)(a) may authorise Judge to make order restricting attendance by, or excluding, members of media at making, before trial, of video record of sexual case complainant’s or propensity witness’s evidence)
After section 201
201A: Regulations made under section 201(1)(a) may authorise Judge to make order restricting attendance by, or excluding, members of media at making, before trial, of video record of sexual case complainant’s or propensity witness’s evidence
1: Regulations made under section 201(1)(a) may authorise a Judge to make an order restricting attendance by, or excluding, any member of the media at any making, before trial, of a video record of a sexual case complainant’s or propensity witness’s evidence.
2: In this section, member of the media
3: This section does not limit the generality of section 201(1)(a), and applies despite anything to the contrary in the Criminal Procedure Act 2011. Transitional, savings, and related provisions
24: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Part 1 Schedule
2: Amendments to Victims’ Rights Act 2002
Preliminary provisions
25: Amendments to Victims’ Rights Act 2002
This Part amends the Victims’ Rights Act 2002 2021-12-21 Victims’ Rights Act 2002 ss 25–30, 32–34 2022-12-21 Victims’ Rights Act 2002 s 31 unless brought in force by OIC earlier
26: Section 4 amended (Interpretation)
In section 4 audio record sexual case
a: an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or
b: any other offence against the person of a sexual nature sexual case complainant video record Transitional, savings, and related provisions
27: New section 5A inserted (Transitional, savings, and related provisions)
After section 5
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Victim impact statements
28: Section 19 amended (Form and verification of information ascertained)
In section 19(1) on audiotape or videotape as an audio record or video record
29: Section 22A replaced (Victim impact statement may be presented to court in some other manner)
Replace section 22A
22A: Victim impact statement may be presented to court in some other manner
1: The judicial officer sentencing the offender may, at the request of the prosecutor, agree that all or any part of a victim impact statement submitted under section 21 be presented to the court in any manner other than by reading it in accordance with section 22.
2: For example, the manner in which all or any part of the statement may be presented to the court under this section may be any of the following:
a: it can be read to the court by the victim while in the courtroom but unable to see the defendant or some other specified person:
b: it can be read to the court by the victim from an appropriate place outside the courtroom, either in New Zealand or elsewhere:
c: if it is an audio record, it can be presented by playing that record:
d: if it is a video record, it can be presented by playing that record. Rights of victims who are sexual case complainants
30: New Part 2A inserted
After Part 2
2A: Provisions relating to rights of victims who are sexual case complainants
28A: Sections 28BA and 28D apply only to individual victims who are sexual case complainants
Sections 28BA and 28D victim
28BA: Victim’s preferences on presenting victim impact statement
If a victim impact statement of the victim as a sexual case complainant is to be, or has been, submitted under section 21(1), the prosecutor must make all reasonable efforts to ensure that—
a: the victim is informed about the ways in which the victim impact statement may, with the agreement of the judicial officer sentencing the offender, be read to the court, or presented to the court in some other manner, under sections 22 and 22A
b: any preferences the victim has on that matter are ascertained and taken into account in the operation of those sections.
28D: Court may be cleared when victim impact statement read or otherwise presented to court
A court may, on an application made for the purpose by the prosecutor under section 199AA
31: Sections 28A and 28BA replaced
Replace sections 28A and 28BA section 30
28A: Sections 28B to 28D apply only to individual victims, or all victims, who are sexual case complainants
1: Sections 28B, 28BA, and 28D victim
2: Section 28C victims
28B: Victim’s preferences on ways of giving evidence
The prosecutor must make all reasonable efforts to ensure that—
a: the victim is informed about the ways in which the victim may give evidence (whether in chief or under cross-examination or on re-examination) as a sexual case complainant; and
b: any preferences the victim has on the ways of giving evidence as a sexual case complainant are ascertained and taken into account in the operation of sections 106C to 106J
28BA: Victim’s preferences on presenting victim impact statement
If a victim impact statement of the victim as a sexual case complainant is to be, or has been, submitted under section 21(1), the prosecutor must make all reasonable efforts to ensure that—
a: the victim is informed about the ways in which the victim impact statement may, with the agreement of the judicial officer sentencing the offender, be read to the court, or presented to the court in some other manner, under sections 22 and 22A
b: any preferences the victim has on that matter are ascertained and taken into account in the operation of those sections.
28C: Availability of appropriate facilities when attending court
1: The Secretary must make all reasonable efforts to ensure that appropriate facilities are available to the victims when attending court, or participating in or viewing the proceeding related to the offences concerned, as sexual case complainants.
2: In determining whether facilities for those purposes are appropriate, the Secretary must, in addition to any other factors that the Secretary considers relevant, take into account—
a: the victims’ physical and emotional comfort and safety:
b: any physical constraints posed by the courtroom or courthouse.
3: Examples of appropriate facilities may include—
a: alternative waiting areas away from the general public:
b: alternative bathroom facilities:
c: other measures to minimise the likelihood that the victims encounter the defendants or the defendants’ supporters. Transitional, savings, and related provisions
32: Section 53 amended (Amendments)
In section 53 the Schedule Schedule 1
33: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Part 2
34: Schedule heading amended
Replace the Schedule
1: s 53 Enactments amended
Consequential amendments to Rights for Victims of Insane Offenders Act 2021
35: Amendments to Rights for Victims of Insane Offenders Act 2021
Sections 36 to 40 Rights for Victims of Insane Offenders Act 2021 2021-12-21 Rights for Victims of Insane Offenders Act 2021 ss 36–40
36: Section 29 repealed (New section 5A inserted (Transitional, savings, and related provisions))
Repeal section 29
37: New section 42A inserted (Section 28BA amended (Victim’s preferences on presenting victim impact statement))
After section 42
42A: Section 28BA amended (Victim’s preferences on presenting victim impact statement)
In section 28BA(a) section 31 of the Sexual Violence Legislation Act 2021 sentencing the offender or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity
38: Section 44 replaced
Replace section 44
44: Schedule 1AA amended
In Schedule 1AA,—
a: insert the Part set out in Schedule 4
b: make all necessary consequential amendments.
39: Schedule 4 amended
In Schedule 4
a: heading, replace New Schedule 1AA New Part 2 of Schedule 1AA
b: delete the heading to new Schedule 1AA
c: delete s 5A
d: replace Part 1 Part 2
e: renumber clause 1 clause 2
40: Schedule 5 amended
In Part 2 of Schedule 5
a: section 53; and
b: the Schedule heading.
3: Amendments to Criminal Procedure Act 2011
Preliminary provision
41: Amendments to Criminal Procedure Act 2011
This Part amends the Criminal Procedure Act 2011 2021-12-21 Criminal Procedure Act 2011 ss 41,44, 46, 52 2022-12-21 Criminal Procedure Act 2011 ss 42, 43, 45, 47–51 unless brought into force earlier by OIC Procedure for taking oral evidence
42: Section 98 amended (Application of sections 103 to 105 of Evidence Act 2006)
1: In the heading to section 98 sections 103 to 105 subpart 5 of Part 3
2: In section 98 sections 103 to 105 of the Evidence Act 2006 apply subpart 5 (alternative ways of giving evidence) of Part 3 (trial process) of the Evidence Act 2006 applies Public access and restrictions on reporting
43: Section 194 amended (Interpretation)
In section 194 suppression order section 199A(3) or 199BA(3)
44: Section 196 amended (Court proceedings generally open to public)
In section 196(3) and 199 199, and 199AA
45: Section 199 amended (Court must be cleared when complainant gives evidence in cases of sexual nature)
1: Replace section 199(1)(g)
(g): any member of the media (as defined in section 198(2)), except that this paragraph is subject to an order of the kind specified in subsection (4)(a)
2: After section 199(3)
4: Nothing in this Act limits the following:
a: an order restricting attendance by, or excluding, members of the media at any making, before trial, of a video record of a sexual case complainant’s or propensity witness’s evidence:
b: regulations made under section 201(1)(a) of the Evidence Act 2006 authorising a Judge to make an order of that kind. Power to clear court
46: New section 199AA inserted (Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature)
After section 199
199AA: Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature
1: In any case of a sexual nature, a court may, on an application made for the purpose by the prosecutor, make an order that no person may be present in the courtroom while the victim’s victim impact statement is read or otherwise presented to the court, except for the following:
a: the Judge:
b: the prosecutor:
c: the defendant and any person who is for the time being acting as custodian of the defendant:
d: any lawyer engaged in the proceedings:
e: any officer of the court:
f: the Police employee in charge of the case:
g: any member of the media (as defined in section 198(2)):
h: any person whose presence is requested by the victim:
i: any person expressly permitted by the Judge to be present.
2: The order may be made only if the court is satisfied that the order is necessary to avoid causing the victim undue distress.
3: In deciding an application made under this section, the court must take into account, in addition to any other factors the court considers relevant, the following considerations:
a: the interests of the victim, and any preferences the victim has on how the victim’s victim impact statement is read or otherwise presented to the court:
b: whether those interests and preferences could be served and met by the statement being read or otherwise presented to the court in an alternative way:
c: whether the statement is to be read to the court by the victim, or by a person nominated by the victim, under section 22(1)(a) or (c) of the Victims’ Rights Act 2002.
4: Even if an order is made under subsection (1)
5: In this section,— case of a sexual nature read or otherwise presented to the court 22A victim impact statement
a: as defined in section 17AA of the Victims’ Rights Act 2002; and
b: submitted under section 21 of that Act to the judicial officer sentencing the offender. Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
47: New section 199BA and cross-heading inserted
After section 199B Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
199BA: Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
1: No person may publish the whole or any part of a sexual case complainant’s or propensity witness’s evidence that is video recorded before trial ( see sections 106C to 106J
2: The automatic suppression in subsection (1)
a: the evidence is presented at trial in the sexual case; or
b: the relevant charges in the sexual case are withdrawn, dismissed, stayed, or otherwise disposed of.
3: However, the court may, by order made on application or on its own initiative,—
a: lift the suppression:
b: vary the effect of the suppression by permitting the publication of any evidence as specified in the order.
4: This section does not limit other suppression provisions or orders.
48: Section 211 amended (Offences and penalties)
In section 211(1)(b) and (2)(b) 199A, 199BA, Appeals: appeals against pre-trial decisions: first appeals
49: Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
After section 215(2)(b)
ba: granting or refusing to grant an application for a direction under section 106F section 106D
bb: granting or refusing to grant an application under section 106H
50: Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
After section 217(2)(i)
ia: granting or refusing to grant an application for a direction under section 106F section 106D
ib: granting or refusing to grant an application under section 106H
51: Section 282 amended (Interpretation)
In section 282 199B(1), 199BA(3), Transitional, savings, and related provisions
52: Schedule 1AA amended
In Schedule 1AA, after clause 4 Part 3


1: Title
This Act is the Gambling (Reinstating COVID-19 Modification) Amendment Act 2021.
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 Gambling Act 2003 2021-12-21 Gambling Act 2003
4: New section 4A inserted (Modification of definition of remote interactive gambling during specified period due to effects of COVID-19)
After section 4
4A: Modification of definition of remote interactive gambling during specified period due to effects of COVID-19
1: The purpose of this section is to enable any gambling operator that holds a class 3 operator’s licence that allows them to conduct a lottery to conduct that form of class 3 gambling by remote interactive gambling for a specified period due to the effects of COVID-19 on their ability to fund-raise.
2: This section applies during the period—
a: beginning on the day on which this section comes into force; and
b: ending on the close of 31 October 2024.
3: While this section applies, paragraph (b) of the definition of remote interactive gambling ; or
“(v): class 3 gambling in the form of a lottery conducted by any gambling operator that holds a class 3 operator’s licence that allows them to conduct a lottery.”
4: This section is repealed on the close of 31 October 2024.
5: The repeal of this section does not otherwise affect the previous operation of the definition of remote interactive gambling (as amended by this section) or anything done under it.


1: Title
This Act is the Conversion Practices Prohibition Legislation Act 2022.
2: Commencement
1: This Act, except the provisions specified in subsection (2)
2: The following provisions come into force 6 months after the date on which this Act receives the Royal assent:
a: subpart 2
b: Part 3
1: Preliminary provisions
3: Purpose of this Act
The purpose of this Act is to—
a: recognise and prevent harm caused by conversion practices; and
b: promote respectful and open discussions regarding sexuality and gender.
4: Interpretation
In this Act, unless the context otherwise requires,— conversion practice section 5 health practitioner section 5(1) health service section 5(1) serious harm
5: Meaning of conversion practice
1: In this Act, conversion practice
a: is directed towards an individual because of the individual’s sexual orientation, gender identity, or gender expression; and
b: is done with the intention of changing or suppressing the individual’s sexual orientation, gender identity, or gender expression.
2: However, conversion practice
a: any action that a health practitioner takes when providing a health service if the health practitioner—
i: considers in their reasonable professional judgement it is appropriate to take that action; and
ii: complies with all legal, professional, and ethical standards when taking the action; or
b: assisting an individual who is undergoing, or considering undergoing, a gender transition; or
c: assisting an individual to express their gender identity; or
d: providing acceptance, support, or understanding of an individual; or
e: facilitating an individual’s coping skills, development, or identity exploration, or facilitating social support for the individual; or
f: the expression only of a belief or a religious principle made to an individual that is not intended to change or suppress the individual’s sexual orientation, gender identity, or gender expression. Examples of conversion practices
The following are examples of a conversion practice if each practice, sustained effort, or treatment described is directed towards an individual because of that individual’s sexual orientation, gender identity, or gender expression: using shame or coercion intending to give an individual an aversion to same-sex attractions or to encourage gender-conforming behaviour: encouraging an individual to believe that their sexual orientation, gender identity, or gender expression needs changing because it is a defect or disorder: carrying out a prayer-based practice, a deliverance practice, or an exorcism intending to change or suppress an individual’s sexual orientation, gender identity, or gender expression. Public Health Act 2005 s 213F (Qld); Sexuality and Gender Identity Conversion Practices Act 2020 s 7 (ACT); Change or Suppression (Conversion) Practices Prohibition Act 2021 s 5 (Vic)
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Offences and civil liability in relation to conversion practices
1: Offences relating to conversion practices
8: Offence to perform conversion practice on person under age of 18 years or lacking decision-making capacity
1: A person commits an offence if the person performs a conversion practice on an individual and knows that, or is reckless as to whether, the individual—
a: is under the age of 18 years; or
b: lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to their health or welfare.
2: A person who commits an offence under subsection (1) Public Health Act 2005 s 213H (Qld); Sexuality and Gender Identity Conversion Practices Act 2020 s 8 (ACT)
9: Offence to perform conversion practice that causes serious harm
1: A person commits an offence if the person performs a conversion practice on an individual that causes serious harm to the individual and the person—
a: knew that performing the conversion practice would cause serious harm to the individual; or
b: was reckless as to whether the performance of the conversion practice would cause serious harm to the individual.
2: A person who commits an offence under subsection (1) Change or Suppression (Conversion) Practices Prohibition Act 2021 s 10 (Vic)
10: Consent not defence
It is not a defence to a charge under section 8 9
a: the individual on whom the conversion practice was performed, or a person on behalf of that individual, consented to the performance of that practice; or
b: the person charged believed that such consent was given. 1961 No 43 ss 204A(6) 204B(4)
11: Person on whom conversion practice performed not party to offence
A person on whom a conversion practice is performed may not be charged as a party to an offence committed on them under section 8 9 1961 No 43 ss 204A(7) 204B(5)
12: No prosecution without Attorney-General’s consent
No prosecution for an offence against section 8 9 1993 No 82 s 132
2: Civil liability relating to conversion practices
13: Complaint may be made under Human Rights Act 1993
A person may make a complaint under the Human Rights Act 1993 section 63A
3: Amendment to Human Rights Act 1993
14: Principal Act
This Part amends the Human Rights Act 1993 2022-08-18 Human Rights Act 1993 see section 2(2)
15: New section 63A inserted (Conversion practices)
After section 63
63A: Conversion practices
1: It is unlawful for any person to—
a: perform a conversion practice on any other person; or
b: arrange for a conversion practice to be performed on any other person.
2: In this section, conversion practice section 5 of the Conversion Practices Prohibition Legislation Act 2022


1: Title
This Act is the Land Transport (Clean Vehicles) Amendment Act 2022
2: Commencement
1: Sections 25 to 27
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Land Transport Act 1998
3: Principal Act
This Part amends the Land Transport Act 1998 2022-02-23 Land Transport Act 1998
4: Section 2 amended (Interpretation)
1: In section 2(1) clean vehicle discount scheme light vehicle
2: In section 2(1) land transport documents land transport documents
a: licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under this Act, the Government Roading Powers Act 1989, the Railways Act 2005, or the Road User Charges Act 2012; and
b: carbon dioxide accounts opened under section 189(2)
5: Section 155 amended (Rules concerning vehicles)
After section 155(1)(f)
g: prescribe requirements for the provision of information and data related to vehicles in terms of their fuel or energy consumption, efficiency, or carbon dioxide emissions:
h: prescribe formulas or methodologies for the purposes of determining the fuel or energy consumption, efficiency, or carbon dioxide emissions of a vehicle, including to estimate a value where information or data is incomplete or a test cycle other than the approved test cycle (within the meaning of section 172(1)
6: Section 158 amended (Rules concerning licensing, standard-setting, etc)
After section 158(1)(a)(i)
ia: vehicle importers (as defined in section 172(1)
7: Section 159 amended (Rules concerning land transport documents)
After section 159(1)(a)
aa: vehicle importers (as defined in section 172(1)
8: New sections 167A to 167C inserted
After section 167
167A: Regulations imposing fees and charges for purposes of clean vehicle discount scheme
1: Without limiting the generality of section 167(1)(j), regulations for the purpose of promoting the transition of New Zealand’s light vehicle fleet to zero- and low-emission vehicles and reducing vehicle carbon dioxide emissions may be made under that provision providing for fees and charges to be paid in relation to the carbon dioxide emissions of imported new and used light vehicles.
2: Subsection (1) subsections (5) and (7)
3: Regulations made under section 167(1)(j) for the purpose specified in subsection (1)
a: do any of the things specified in section 168(4)(a), (aa), (ab), and (d) to (h):
b: prescribe any vehicle or class of vehicle as excluded from the definition of light vehicle for the purposes of the regulations:
c: apply, with any necessary modifications, provisions of this Act concerning the manner in which carbon dioxide emissions of vehicles must be determined for the purposes of the regulations:
d: prescribe, for the purposes of applying section 174
e: provide for unpaid fees or charges to be recoverable as a debt due to the Crown.
4: Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of vehicles or on any other differential basis.
5: Regulations under section 167(1)(j) for the purpose specified in subsection (1) subsection (7)
6: Before recommending the making of regulations, the Minister must consult such persons as the Minister considers appropriate.
7: The Minister must not recommend the making of regulations unless the Minister is satisfied—
a: that the fees or charges are appropriate to sustain a scheme designed to increase consumer demand for zero- and low-emission vehicles and decrease consumer demand for high-emission vehicles:
b: that the imposition and level of fees or charges are appropriate, after considering—
i: the variety and availability of zero- and low-emission vehicles expected to enter the New Zealand light vehicle market in the following 12 to 24 months; and
ii: the market behaviour of consumers, including the nature of any continued demand for high-emission vehicles; and
iii: international and domestic climate change ambitions and commitments; and
iv: the anticipated impact of the fees and charges on the market; and
v: whether the estimated revenue to be received from the charges is sufficient to meet the costs and expenses of the clean vehicle discount scheme funded under section 9(1E) and (1F)
167B: Regulations setting fees and charges for purpose of Part 13 (clean vehicle standard) requirements to import vehicles with zero carbon dioxide emissions
1: Without limiting the generality of section 167(1)(j), regulations for the purpose set out in section 170 section 167C(1)(k)
2: Subsection (1) subsection (6)
3: Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of vehicles or on any other differential basis.
4: Section 167A(3)(a) to (e) subsection (1)
5: Before recommending the making of regulations, the Minister must consult such persons as the Minister considers appropriate.
6: The Minister must not recommend the making of regulations unless the Minister is satisfied—
a: that the fees and charges are appropriate to increase the supply and availability of vehicles with zero carbon dioxide emissions; and
b: that the imposition and level of charges and fees are appropriate after considering international and domestic climate change ambitions and commitments.
167C: Regulations for purposes of Part 13 (clean vehicle standard)
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: declaring, for the purposes of the definition of excluded vehicle in section 172 Part 13
b: declaring, for the purposes of the definition of Type A vehicle in section 172 of Part 13
c: declaring, for the purposes of the definition of Type B vehicle in section 172 of Part 13
d: prescribing the process for approving a person as a category 1 light vehicle importer:
e: prescribing criteria for the approval of a person as a category 1 light vehicle importer:
f: prescribing the process for suspending or revoking the approval of a person as a category 1 light vehicle importer:
g: prescribing criteria for suspending or revoking the approval of a person as a category 1 light vehicle importer:
h: prescribing provisions that apply to a person whose approval as a category 1 light vehicle importer is suspended or revoked, for the purpose of transitioning from the law applicable to the person under this Part immediately before the suspension or revocation to the law that applies or has effect immediately after:
i: prescribing, for the purposes of section 174
j: prescribing targets for the level of carbon dioxide emissions from light vehicles imported annually, and matters relating to those targets, including—
i: separate targets for different classes of imported vehicles; and
ii: targets adjusted for vehicle weights; and
iii: formulas for calculating targets, including vehicle weight-adjusted targets; and
iv: targets in respect of any calendar year after 2027, beginning on 1 January of the relevant calendar year:
k: requiring vehicle importers to include, among the vehicles they import in any given year, a minimum proportion of vehicles with zero carbon dioxide emissions:
l: prescribing procedures and requirements for the purposes of banking and transferring carbon dioxide credits:
m: prescribing procedures and requirements for deferring an obligation to meet carbon dioxide emissions targets:
n: providing for the refund or waiver, or enabling the refund or waiver, of charges imposed under section 177
o: providing for unpaid charges under section 177
p: prescribing information to be contained in carbon dioxide accounts:
q: prescribing the manner in which carbon dioxide accounts must be operated:
r: prescribing, for the purposes of section 186
s: prescribing, for the purposes of section 188(2)
t: prescribing, for the purposes of section 188(3)
u: prescribing, for the purposes of section 194(1)
v: prescribing, for the purposes of any provision of Part 13
i: by whom, when, where, and how the thing must be done:
ii: the form that must be used in connection with the thing:
iii: requirements with which evidence or documents that are provided in connection with the thing must comply:
iv: that fees and charges must be paid in connection with doing the thing:
w: providing for any other matter contemplated by Part 13
2: Subsection (1)(j)(iv) subsection (3)
3: Regulations may be made under subsection (1)(j)(iv)
a: consult such persons as the Minister considers appropriate; and
b: take into account—
i: the expected reduction in vehicle carbon dioxide emissions resulting from the targets; and
ii: the expected impact of the targets on vehicle safety, affordability, and availability; and
c: be satisfied—
i: that the targets are set at an appropriate level to increase the supply of zero- and low-emission vehicles in the market; and
ii: that the targets are consistent with transport-specific policies and strategies set out in the emissions reduction plan made under section 5ZG of the Climate Change Response Act 2002 for meeting the emissions budget set under that Act.
4: Nothing in this section limits section 167 or 168.
5: Regulations made under this section are secondary legislation ( see 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.
9: Section 168AA amended (Land transport revenue to be paid into national land transport fund)
In the heading to section 168AA national land transport fund Crown Bank Account
10: New Part 13 inserted
After section 169A
13: Clean vehicle standard
1: Preliminary provisions
170: Purpose of this Part
The purpose of this Part is to achieve a rapid reduction in carbon dioxide emissions from light vehicles imported into New Zealand, to assist New Zealand in meeting its 2050 target and emissions budgets under the Climate Change Response Act 2002 and its domestic and international climate change ambitions and commitments.
171: Application of this Part
This Part applies to light vehicles imported into New Zealand.
172: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— approved test cycle category 1 light vehicle importer category 1 light vehicle importer fleet target category 2 light vehicle importer category 2 light vehicle importer target excluded vehicle imported section 173 new obligation year regulations section 167C Type A vehicle
a: a light motor vehicle that—
i: is constructed primarily for the carriage of passengers and has not more than 9 seating positions (including the driver’s seating position); and
ii: either has at least 4 wheels or has 3 wheels and a gross vehicle mass exceeding 1,000 kg; and
iii: is not an excluded vehicle:
b: any vehicle or class of vehicle that is declared by the regulations to be a Type A vehicle for the purposes of this Part Type B vehicle
a: a light motor vehicle that—
i: is constructed primarily for—
A: the carriage of passengers and has more than 9 seating positions (including the driver’s seating position); or
B: the carriage of goods and either has at least 4 wheels or has 3 wheels and a gross vehicle mass exceeding 1,000 kg; and
ii: is not an excluded vehicle:
b: any vehicle or class of vehicle that is declared by the regulations to be a Type B vehicle for the purposes of this Part used
a: Part 17 of this Act:
b: the Transport Act 1962:
c: the Transport (Vehicle and Driver Registration and Licensing) Act 1986:
d: any corresponding enactment of another country vehicle importer
a: a category 1 light vehicle importer:
b: a category 2 light vehicle importer WLTP
2: A reference in this Part to a specified level of vehicle carbon dioxide emissions is a reference to the number of grams of carbon dioxide emitted per kilometre measured in accordance with the WLTP.
173: Meaning of imported
For the purposes of this Part, a vehicle is imported
174: Measurement and determination of carbon dioxide emissions
1: For the purposes of this Part, carbon dioxide emissions from imported light vehicles must be measured in grams per kilometre based on the approved test cycle.
2: The carbon dioxide emissions of an imported light vehicle are the amount determined in accordance with the regulations or rules made under this Act.
3: If the carbon dioxide emissions of a vehicle have been determined using a test cycle other than the approved test cycle, the carbon dioxide emissions of the vehicle must be determined in accordance with the regulations or rules made under this Act, which may include estimating the carbon dioxide emissions that would have been expected if the vehicle had been tested using the approved test cycle.
2: Clean vehicle standard
Targets for reducing carbon dioxide emissions
175: Targets for reducing carbon dioxide emissions
1: The targets for the purposes of calculating the weight-adjusted target applicable to each vehicle importer in accordance with the regulations are,—
a: for the calendar year beginning on 1 January 2023,—
i: for Type A vehicles, 145 grams; and
ii: for Type B vehicles, 218.3 grams; and
b: for the calendar year beginning on 1 January 2024,—
i: for Type A vehicles, 133.9 grams; and
ii: for Type B vehicles, 201.9 grams; and
c: for the calendar year beginning on 1 January 2025,—
i: for Type A vehicles, 112.6 grams; and
ii: for Type B vehicles, 155 grams; and
d: for the calendar year beginning on 1 January 2026,—
i: for Type A vehicles, 84.5 grams; and
ii: for Type B vehicles, 116.3 grams; and
e: for the calendar year beginning on 1 January 2027 and, subject to paragraph (f)
i: for Type A vehicles, 63.3 grams; and
ii: for Type B vehicles, 87.2 grams; and
f: for any calendar year after 2027, any target set by regulations made under section 167C(1)(j)(iv)
2: Every reference to grams subsection (1)
175A: Minister must review targets
1: The Minister must, not later than 30 June 2024, initiate a review of the targets for reducing carbon dioxide emissions set out in section 175 section 167C(1)(j)(iv)
2: The review must take into account—
a: the anticipated impact of the targets on vehicle carbon dioxide emissions, vehicle safety, and the affordability and availability of vehicles; and
b: the levels of ambition of other jurisdictions, in terms of their existing and proposed carbon dioxide emissions targets; and
c: any other matter the Minister considers relevant in carrying out the review.
3: The review may be undertaken by any method the Minister considers appropriate.
4: In conducting the review, the Minister must consult such persons as the Minister considers appropriate. Category 1 light vehicle importers: obligations and ways of complying with targets
176: Category 1 light vehicle importers: annual, fleet-based compliance regime applies
1: A category 1 light vehicle importer must comply with the targets on an annual basis in relation to the fleet of Type A vehicles, the fleet of Type B vehicles, or (if they imported both Type A and Type B vehicles) each of those fleets of vehicles they imported in the relevant obligation year.
2: The actual average vehicle carbon dioxide emissions across a fleet of vehicles imported by a category 1 light vehicle importer in an obligation year must be less than or equal to the category 1 light vehicle importer fleet target applicable to that importer for the relevant vehicle type of that fleet, calculated in accordance with the formula prescribed by the regulations.
177: Charges payable by category 1 light vehicle importer if carbon dioxide emissions targets exceeded
1: If the actual average vehicle carbon dioxide emissions across the fleet of vehicles imported by a category 1 light vehicle importer in an obligation year exceed the category 1 light vehicle importer fleet target, the charges calculated in accordance with subsection (2)
a: there are sufficient carbon dioxide credits available in the importer’s carbon dioxide account to offset the excess emissions (whether such credits may have resulted from banking overachievement under section 178 section 180
b: the importer can defer their obligation under section 179
2: The charges are,—
a: from 1 January 2023,—
i: $22.50 per gram of carbon dioxide in excess multiplied by the number of used vehicles in the fleet; and
ii: $45.00 per gram of carbon dioxide in excess multiplied by the number of new vehicles in the fleet; and
b: from 1 January 2025,—
i: $33.75 per gram of carbon dioxide in excess multiplied by the number of used vehicles in the fleet; and
ii: $67.50 per gram of carbon dioxide in excess multiplied by the number of new vehicles in the fleet.
3: The charges payable under this section are land transport revenue for the purposes of the Land Transport Management Act 2003.
178: Category 1 light vehicle importer may bank overachievement of carbon dioxide emissions target
1: If the actual average vehicle carbon dioxide emissions across the fleet of vehicles imported by a category 1 light vehicle importer in an obligation year are less than the fleet target applicable to that importer, the excess reduction in emissions may be carried forward to the next obligation year ( banked
2: Banking provides that the vehicle importer’s carbon dioxide account for the next obligation year will be credited by the amount carried forward.
3: Carbon dioxide credits banked in an importer’s carbon dioxide account expire 3 years from the end of the year in which the credits accrue.
179: Category 1 light vehicle importer may defer obligation
1: This section applies in relation to obligation years 2023, 2024, and 2025.
2: A category 1 light vehicle importer may apply to the Director, in accordance with the regulations, to defer their obligation to meet the category 1 light vehicle importer fleet target for an applicable obligation year ( year 1 year 2
3: If a category 1 light vehicle importer defers their year 1 obligation until year 2, the importer must, at the end of year 2, ensure that they have met or bettered both the year 1 and the year 2 fleet targets.
4: If the vehicle importer does not meet the year 1 and year 2 fleet targets, the charges in section 177
180: Category 1 light vehicle importer may transfer carbon dioxide credits
(1): A category 1 light vehicle importer who imports new vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports new vehicles, in accordance with the regulations.
2: A category 1 light vehicle importer who imports used vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports used vehicles, in accordance with the regulations.
3: No transfer may be made under subsection (1) or (2) Category 2 light vehicle importers: obligations and ways of complying with targets
181: Category 2 light vehicle importers: vehicle-by-vehicle compliance regime applies
1: A category 2 light vehicle importer must ensure that each vehicle they import in an obligation year complies with the category 2 light vehicle importer target that applies in respect of that vehicle.
2: The vehicle emissions targets applicable in respect of Type A and Type B vehicles imported by a category 2 light vehicle importer must be calculated in accordance with the formulas prescribed by the regulations.
182: Charges payable by category 2 light vehicle importer if emissions targets exceeded
1: If the carbon dioxide emissions of a vehicle imported by a category 2 light vehicle importer exceed the category 2 light vehicle importer target, the charges set out in subsection (2) section 183 section 184
2: The charges are,—
a: from 1 January 2023,—
i: $18.00 per gram of carbon dioxide by which a used vehicle exceeds its target; and
ii: $36.00 per gram of carbon dioxide by which a new imported vehicle exceeds its target; and
b: from 1 January 2025,—
i: $27.00 per gram of carbon dioxide by which a used vehicle exceeds its target; and
ii: $54.00 per gram of carbon dioxide by which a new vehicle exceeds its target.
3: The charges payable under this section are land transport revenue for the purposes of the Land Transport Management Act 2003.
183: Category 2 light vehicle importer may bank overachievement of carbon dioxide emissions
1: If the carbon dioxide emissions of a vehicle imported by a category 2 light vehicle importer are less than the category 2 light vehicle importer target in respect of that vehicle, the overachievement may be banked in the importer’s carbon dioxide account in accordance with the regulations.
2: Section 178(3)
184: Category 2 light vehicle importer may transfer carbon dioxide credits
(1): A category 2 light vehicle importer who imports new vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports new vehicles, in accordance with the regulations.
2: A category 2 light vehicle importer who imports used vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports used vehicles, in accordance with the regulations.
3: No transfer may be made under subsection (1) or (2) Carbon dioxide accounts: general provisions
185: Vehicle importers must hold carbon dioxide accounts
1: Every vehicle importer who imports a light vehicle on or after 1 December 2022 must hold a carbon dioxide account with the Director.
2: The account must contain the information and be operated in the manner prescribed by the regulations.
186: Director must allocate unique numbers for carbon dioxide accounts
The Director must, in accordance with the regulations, allocate a unique account number to each carbon dioxide account when the account is opened.
187: Carbon dioxide account information required for vehicle importation
On and after 1 December 2022, no light vehicle may be certified for entry under this Act, unless—
a: the carbon dioxide account number of the vehicle importer has been provided to the Director; and
b: the carbon dioxide emissions of the vehicle have been recorded in the vehicle importer’s carbon dioxide account.
188: Director to keep accessible record of carbon dioxide accounts
1: The Director must establish and maintain a record of all carbon dioxide holders and the carbon dioxide account number that corresponds to each account holder.
2: Any person may apply to the Director for information contained in the record, in accordance with the regulations, for any of the purposes in subsection (3)(a) or (b)
3: The Director must maintain and operate the record in a manner that—
a: allows members of the public to verify whether a person holds a current carbon dioxide account and whether an account number is correct; and
b: facilitates the transfer of carbon dioxide credits between account holders; and
c: complies with any requirements prescribed by the regulations. Opening, closing, and suspension of carbon dioxide accounts
189: Opening carbon dioxide accounts
1: Any person who intends to import a light vehicle into New Zealand may apply to the Director to open a carbon dioxide account by submitting an application in the manner prescribed by the regulations, accompanied by the prescribed fee (if any).
2: The Director must open a carbon dioxide account on receipt of an application under subsection (1)
a: the application complies with the prescribed requirements; and
b: if the applicant intends to import new vehicles, the applicant does not already hold a carbon dioxide account that relates to new vehicles; and
c: if the applicant intends to import used vehicles, the applicant does not already hold a carbon dioxide account that relates to used vehicles.
190: Carbon dioxide account holder may require Director to close account
1: A person who holds a carbon dioxide account may require the Director to close their account.
2: The requirement must be made in the manner prescribed by the regulations.
191: When Director may close carbon dioxide accounts
1: The Director may close a carbon dioxide account—
a: if the Director receives a requirement from the account holder to close the account; or
b: where the Director has not received a requirement from the account holder, if the Director has given the account holder reasonable notice and the Director is satisfied that the account holder no longer requires the account.
2: For the purposes of subsection (1)(b) reasonable notice
192: Director may suspend carbon dioxide accounts
1: The Director may suspend the operation of a carbon dioxide account for a period not exceeding 5 years if—
a: the Director is satisfied that the account holder has failed to comply with specified provisions of this Part or the regulations and the Director has given the account holder reasonable notice; or
b: the account holder has been convicted of an offence under this Part and the Director considers suspension of the account for the relevant period to be necessary for the purpose of maintaining the integrity of the clean vehicle standard.
2: For the purposes of subsection (1)(a) reasonable notice
193: Application of general right of appeal to District Court
Section 106 (which provides for a general right of appeal to the District Court against decisions made by the Director in respect of the grant, issue, revocation, or suspension of a land transport document sought or held by a person) applies in respect of a carbon dioxide account—
a: as if every reference to the grant, issue, revocation, or suspension of a land transport document were a reference to the opening, closing, or suspension of a carbon dioxide account; and
b: with all other necessary modifications.
3: Information gathering and enforcement powers
194: Requirement to collect and keep information and records for purposes of clean vehicle standard
1: A vehicle importer must, in relation to each vehicle they import,—
a: collect the data and information prescribed (if any); and
b: keep records of the data and information in the prescribed manner (if any); and
c: keep sufficient information to enable the Director to verify, in relation to each obligation year, the vehicle importation, charges payable, and charges paid.
2: The data, records, and information specified in subsection (1)(a) to (c)
195: Offence in relation to failure to collect data and keep records for purposes of clean vehicle standard
1: A vehicle importer commits an offence against this Act if the vehicle importer, without reasonable excuse, fails to comply with section 194
2: A person who is convicted of an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000.
196: Offence of knowingly producing false records or information
1: A vehicle importer commits an offence against this Act if the vehicle importer knowingly or recklessly, in relation to the administration or enforcement of the clean vehicle standard under this Part, provides to the Director information that is false or misleading.
2: A person who is convicted of an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000.
197: Inspection of records or other information
1: The Director may require a vehicle importer to produce for inspection any records or other information in the vehicle importer’s possession or control that the Director reasonably considers necessary to establish compliance with the requirements and obligations of the clean vehicle standard.
2: The Director may, in relation to any records or other information produced under subsection (1)
a: inspect and make copies of, or take extracts from, the records or other information:
b: where the vehicle importer chooses to produce the records or other information at their premises or any other place of inspection,—
i: make copies of the records or other information at the place of inspection:
ii: remove the records or other information if the Director is satisfied that it is impracticable to copy the records or other information at the place of inspection.
3: If the Director removes any records or other information under subsection (2)(b)(ii)
a: issue a receipt for the records or other information to the person from whom the records or other information was taken; and
b: return the records or other information as soon as practicable; and
c: for as long as the Director holds the records or other information, allow the person from whom the records or other information was taken to inspect, and obtain copies of, the records or other information at any reasonable time at the premises where the records or other information is held.
197A: Offence in relation to production of records or other information
1: A vehicle importer commits an offence against this Act if the vehicle importer, without reasonable excuse, fails or refuses to comply with a requirement made under section 197
2: A person who is convicted of an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000.
197B: Director may require person to supply information, produce documents, or give evidence
1: If the Director considers it necessary or desirable for the purposes of performing or exercising the Director’s functions, powers, or duties under this Part, the Director may, by notice in writing, require a person—
a: to supply to the Director, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to produce to the Director, or to a person specified in the notice acting on the Director’s behalf in accordance with the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
d: to appear before a specified person, at a time and place specified in the notice, to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.
2: Information supplied in response to a notice under subsection (1)(a)
a: given in writing; and
b: signed in the manner specified in the notice.
3: If a document is produced in response to a notice under subsection (1)
a: inspect and make records of that document; and
b: take copies of the document or extracts from the document.
4: In this section, specified person
a: an employee of the Agency:
b: another person to whom the Director has delegated the power to receive the relevant document or class of documents or to receive evidence and the relevant document or class of documents (being a person that the Director is satisfied is suitably qualified or trained, or is a member of a class of persons who are suitably qualified or trained, to exercise the power).
197C: Offence in relation to requirement to supply information, produce documents, or give evidence
1: A person commits an offence against this Act if the person,—
a: without reasonable excuse, fails or refuses to comply with a notice given under section 197B
b: in purported compliance with a notice given under that section, provides information, or produces a document, or gives evidence knowing it to be false or misleading.
2: A person who is convicted of an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000.
197D: Privileges for person required to supply information, produce documents, or give evidence
Every person has the same privileges in relation to providing information and documents to, and answering questions before, the Director, an employee of the Agency, or a person authorised under section 197B(4)(b)
197E: Confidentiality of information and documents
Sections 109A and 109B of the Land Transport Management Act 2003 apply to information and documents obtained under section 197B
197F: Effect of proceedings
1: If a person commences a proceeding in any court in respect of the exercise of any powers conferred by section 197B
a: the powers may be, or may continue to be, exercised as if the proceeding had not been commenced; and
b: no person is excused from fulfilling the person’s obligations under that section by reason of the proceeding.
2: However, the court may make an interim order overriding subsection (1)
a: the applicant has established a prima facie case that the exercise of the power in question is unlawful; and
b: the applicant would suffer substantial harm from the exercise or discharge of the power or obligation; and
c: if the power or obligation is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (3)
d: the terms of the order do not unduly hinder or restrict the Director in performing or exercising the Director’s functions, powers, or duties under this Act.
3: The remedies are as follows:
a: any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
b: any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
c: any opportunity that the applicant may have, as defendant in a proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or obligation.
197G: Effect of final decision that exercise of powers under section 197B unlawful
1: This section applies in any case where it is declared, in a final decision given in any proceeding in respect of the exercise of any powers conferred by section 197B
2: If this section applies, to the extent to which the exercise of those powers is declared unlawful, the Director must ensure that, immediately after the decision of the court is given,—
a: any information obtained as a consequence of the exercise of powers declared to be unlawful and any record of that information are destroyed; and
b: any documents, or extracts from documents, that are obtained as a consequence of the exercise of powers declared to be unlawful are returned to the person who previously had possession or control of them, and any copies of those documents or extracts are destroyed; and
c: any information derived from or based on such information, documents, or extracts is destroyed.
3: However, the court may order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the Director subject to any terms and conditions that the court imposes.
4: No information, and no document or extracts from a document, obtained as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or document,—
a: is admissible as evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
b: is admissible as evidence in any criminal proceeding if the evidence is excluded under section 30 of the Evidence Act 2006:
c: may otherwise be used in connection with the exercise of any powers conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.
11: Section 208 amended (Appointment of enforcement officers and dangerous goods enforcement officers)
In section 208(3)(a)(i) and 6B 6B, and 13
12: Section 213 amended (Customs control over imported vehicles)
After section 213(2)
3: In subsection (1), regulation section 167B or 167C
13: Section 239 amended (Further restrictions)
After section 239(4)(b)(ii)
iii: to the Agency, if necessary for the administration of the clean vehicle discount scheme.
14: Section 243 amended (Application for registration)
After section 243(1A)
1B: An application for registration of a motor vehicle must also be accompanied by the amount of any fees or charges prescribed under section 167(1)(j) for the purpose under section 167A
15: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
2: Amendments to other enactments
Amendments to Land Transport Management Act 2003
16: Principal Act
Sections 17 to 22 Land Transport Management Act 2003 2022-02-23 Land Transport Management Act 2003
17: Section 5 amended (Interpretation)
In section 5(1) clean vehicle discount scheme
a: means the scheme administered by the Agency under section 95(1)(ma)
b: includes—
i: the provision of rebates in relation to the carbon dioxide emissions of a vehicle; and
ii: the imposition of charges under section 167(1)(j) of the Land Transport Act 1998 for the purpose of section 167A
iii: actual and reasonable costs incurred by the Agency in relation to administration of the scheme; and
iv: any funding provided to the Agency by the Crown for the purposes of the scheme and the repayment of that funding
18: Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
1: After section 9(1D)
1E: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in a financial year up to an amount equal to the revenue for that financial year received from charges paid pursuant to regulations made under section 167(1)(j) of the Land Transport Act 1998 for the purpose of section 167A
1F: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in any financial year, up to any positive amount calculated under subsection (1G)
1G: The amount referred to in subsection (1F) a − b = c where— a is the revenue received in any previous financial year from charges paid pursuant to regulations made under section 167(1)(j) of the Land Transport Act 1998 for the purpose of section 167A b is the expenses and capital expenditure incurred under subsections (1E) and (1F) c is the calculated amount.
1H: The positive amount calculated under subsection (1G)
2: In section 9(3) (1A), (1E), (1F)
3: In section 9(5) (1A), (1E), (1F)
19: New section 9A inserted
After section 9
9A: Accounting for clean vehicle discount scheme
The annual report of the Agency must, in respect of the financial year to which it relates, contain the following information concerning the clean vehicle discount scheme funded under section 9(1E) and (1F)
a: the revenue received from charges paid pursuant to regulations made under section 167(1)(j) of the Land Transport Act 1998 for the purpose of section 167A
b: any positive amount from a previous year, in accordance with section 9(1F) and (1G)
c: the expenses and capital expenditure for the purpose of administering the scheme, including—
i: rebates provided, in relation to the carbon dioxide emissions of a vehicle; and
ii: actual and reasonable costs incurred by the Agency in relation to administration of the scheme; and
iii: any funding provided to the Agency by the Crown for the purposes of the scheme and repayment of that funding.
20: Section 10 amended (National land transport fund)
Replace section 10(2)(a)
a: land transport revenue, less—
i: any expenses or capital expenditure incurred under section 9(1) or (1A); and
ii: the revenue received from charges paid pursuant to regulations made under section 167(1)(j) of the Land Transport Act 1998 for the purpose of section 167A
21: Section 95 amended (Functions of Agency)
In section 95(1)
ma: to administer the clean vehicle discount scheme funded under section 9(1E) and (1F) section 167A
22: New section 101A inserted (Monitoring matters relating to clean vehicle discount scheme)
After section 101
101A: Monitoring matters relating to clean vehicle discount scheme
1: The Secretary, for the purpose of evaluating the performance of the clean vehicle discount scheme, may monitor and review—
a: the revenue used by the Agency for the purposes of administering the scheme; and
b: the number and nature of rebates provided in relation to the carbon dioxide emissions of vehicles; and
c: the expenses and capital expenditure for the purpose of administering the scheme; and
d: any funding provided to the Agency by the Crown for the purposes of the scheme and repayment of that funding.
2: The Secretary may, in writing, request the Agency to provide any information that is reasonably required and relevant to enable the Secretary to carry out the monitoring specified in subsection (1)
3: The Agency must provide the Secretary with the information that the Secretary requests under subsection (2)
4: Section 101(4) and (5) applies with all necessary modifications in relation to a request for information from the Secretary under this provision. Amendment to Energy Efficiency and Conservation Act 2000
23: Principal Act
Section 24 Energy Efficiency and Conservation Act 2000 2022-02-23 Energy Efficiency and Conservation Act 2000
24: Section 36 amended (Regulations)
After section 36(1)(b)
ba: prescribing requirements in relation to the labelling of vehicles in terms of their carbon dioxide emissions and any financial rebates receivable or charges payable relating to those emissions: Amendments to Income Tax Act 2007
25: Principal Act
Sections 26 27 Income Tax Act 2007 2022-02-22 Income Tax Act 2007 Deemed to have come into force on 1 July 2021. (See section 2(1).)
26: Section YA 1 amended (Definitions)
In section YA 1 clean vehicle discount scheme
27: Schedule 5 amended
1: In Schedule 5
7B: For the purposes of this schedule, if a person who owns a motor vehicle to which this schedule applies receives a payment under the clean vehicle discount scheme for the vehicle,—
a: the cost price of the vehicle to the person on the first acquisition of it by them is net of the amount of the payment; and
b: the cost of the vehicle to the person on the first acquisition of it by them is net of the amount of the payment.
2: In Schedule 5 is— is,—
3: In Schedule 5 included subject to clause 7B Amendment to Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011
28: Principal regulations
Section 29 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 2022-02-23 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011
29: Regulation 5 amended (Entry on register and issue of certificates)
After regulation 5(2)
2A: The Registrar must not issue a certificate of registration for a motor vehicle if the fees or charges prescribed for the vehicle under section 167(1)(j) for the purpose of section 167A


1: Title
This Act is the Sunscreen (Product Safety Standard) Act 2022.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
3: Interpretation
In this Act,— Act Fair Trading Act 1986 AS/NZS 2604:2012 labelled SPF sunscreen product
a: contains, or is represented as containing, any component able to absorb, reflect, or scatter ultraviolet rays and that is intended to be on the surface of human skin with the purpose of protecting against reddening of the skin caused by ultraviolet radiation and other ultraviolet-induced damage; and
b: is 1 or more of the following:
i: a product that is represented as being primarily to protect the skin from ultraviolet radiation:
ii: an insect repellent with a labelled SPF of 4 or more:
iii: a product that is represented as a skin care (within the meaning of AS/NZS 2604:2012) with a labelled SPF greater than 15 (other than a product intended for application to the lips, or a product that is represented primarily as a tinted base or foundation).
4: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Act binds the Crown
This Act binds the Crown.
6: Product safety standard for sunscreen products
1: AS/NZS 2604:2012 is a product safety standard for sunscreen products for the purpose of section 29
2: The product safety standard must be treated, and may be enforced, as if the standard had been prescribed under section 29
3: Regulations may also be made in respect of sunscreen products under section 29