1: Title
This Act is the Crimes (Intimate Covert Filming) Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes Act 1961
1: Amendments to principal Act
4: New heading and sections 216G to 216N inserted
The following heading and sections are inserted after section 216F Intimate visual recordings
216G: Intimate visual recording defined
1: In sections 216H to 216N intimate visual recording
a: a person who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and that person is—
i: naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or
ii: engaged in an intimate sexual activity; or
iii: engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or
b: a person's naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—
i: from beneath or under a person's clothing; or
ii: through a person's outer clothing in circumstances where it is unreasonable to do so.
2: In section 216H
a: a physical form; or
b: an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing.
216H: Prohibition on making intimate visual recording
Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person.
216I: Prohibition on possessing intimate visual recording in certain circumstances
1: Everyone is liable to imprisonment for a term not exceeding 3 years who has in his or her possession an intimate visual recording—
a: for the purpose of publishing, exporting or selling the intimate visual recording; and
b: knowing it to be an intimate visual recording, or being reckless as to whether it is an intimate visual recording.
2: Everyone is liable to imprisonment for a term not exceeding 1 year who, without reasonable excuse, has in his or her possession an intimate visual recording knowing it to be an intimate visual recording.
216J: Prohibition on publishing, importing, exporting, or selling intimate visual recording
1: Everyone is liable to imprisonment for a term not exceeding 3 years who, knowing that a visual recording is an intimate visual recording, or being reckless as to whether a visual recording is an intimate visual recording,—
a: publishes in New Zealand the intimate visual recording:
b: imports into New Zealand the intimate visual recording:
c: exports from New Zealand the intimate visual recording:
d: sells the intimate visual recording.
2: In this section, unless the context otherwise requires,— publishes
a: displays by any means:
b: sends to any person by any means:
c: distributes by any means:
d: conveys by electronic medium:
e: stores electronically in a way that is accessible by any other person or persons sells
a: offers for sale:
b: agrees to sell.
216K: Exceptions to prohibition in
section 216J
1: Nothing in section 216J(1)(a), (b), or (c)
2: Nothing in section 216J(1)(a) section 216N(1)
3: Nothing in section 216J
a: delivery of the recording in physical form (for example, by a postal operator or courier); or
b: transmission (other than by broadcasting) of the recording (for example, by a network operator or service provider providing only a network or facility through which a recording is transmitted); or
c: storage of the recording electronically in a way that is accessible by any other person or persons.
4: In subsection (3) courier network operator section 3(1) of the Telecommunications (Interception Capability) Act 2004 postal operator section 2(1) of the Postal Services Act 1998 public data network section 5 of the Telecommunications Act 2001 service provider
a: means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but
b: does not include a network operator.
216L: Disposal and forfeiture
1: Where any person is convicted of an offence against section 216H section 216I section 216J
2: Where any person is convicted of an offence against section 216H section 216I section 216J
3: Before making an order under subsection (1) or subsection (2)
a: the person convicted; and
b: any other person who, in the opinion of the Court, would be directly affected by the making of the order.
4: If the Court is satisfied that the intimate visual recording that was the subject of the prosecution, or any equipment, goods, or other thing used in respect of the commission of the offence, should be delivered to a person other than the person convicted, it may so order.
216M: Effect of appeal on order made under
section 216L
1: If any person is convicted of an offence against section 216H section 216I section 216J section 216L
a: in any case, until the expiration of the time prescribed in the Summary Proceedings Act 1957
b: if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
c: if the application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
2: If the operation of any order is suspended until the determination of the appeal, the Court determining the appeal may, by order, cancel or vary the order.
216N: Protection from liability
1: This section applies to the following persons:
a: any member of the police; and
b: any Customs officer; and
c: any officer or employee of the New Zealand Security Intelligence Service; and
d: any employee of the Department of Corrections and any other employee exercising powers or functions under the Corrections Act 2004
e: any lawyer or agent—
i: giving legal advice in relation to an intimate visual recording; or
ii: giving legal advice, or making representations, in relation to any civil or criminal proceedings; and
f: any other person or member of a class of persons prescribed in regulations made under this Act; and
g: the person who is the subject of an intimate visual recording.
2: No person referred to in subsection (1)(g) section 216I section 216J
3: No other person to whom this section applies commits an offence against section 216H section 216I section 216J(1)(a) or (b) or (c) subsection (5)
4: Subsection (3)
5: The functions referred to in subsection (3)
a: the prevention, detection, investigation, prosecution, or punishment of offences:
b: the conduct of proceedings in any court or tribunal:
c: security or safety.
6: Subsections (1) to (3)
7: Where a person to whom subsection (1)(a) to (f) subsection (5)
a: made available to the person who is the subject of the recording, if that person requests; or
b: immediately destroyed if the person who is the subject of the recording makes no request under paragraph (a)
2: Amendments to other Acts
5: Amendment to
Summary Proceedings Act 1957 Part 1 Summary Proceedings Act 1957 section 216H Prohibition on making intimate visual recording section 216I Prohibition on possessing intimate visual recording in certain circumstances section 216J Prohibition on publishing, importing, exporting, or selling intimate visual recording


Te Ture Whenua Maori Amendment Act 2006

1: Title
This Act is—
a: Te Ture Whenua Maori Amendment Act 2006; or
b: the Maori Land Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends Te Ture Whenua Maori Act 1993
4: Appointment of Judges
Section 7(2) 8 14
5: Chief Judge and Deputy Chief Judge
The following section is inserted after section 8
8A: Delegation to Deputy Chief Judge
1: The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty conferred on the Chief Judge by or under this Act.
2: Subject to general or particular directions given by the Chief Judge, the Deputy Chief Judge has and may exercise and perform all the powers, functions, or duties delegated by the Chief Judge in the same manner and with the same effect as if they had been conferred on the Deputy Chief Judge directly by this Act and not by delegation.
3: A delegation—
a: must be in writing; and
b: is revocable in writing at any time; and
c: may be made subject to any restrictions or conditions that the Chief Judge thinks fit; and
d: does not prevent the exercise or performance of a power, function, or duty by the Chief Judge; but
e: must not include a power of delegation.
4: In the absence of proof to the contrary, the Deputy Chief Judge, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.
5: Powers exercised, functions performed, or decisions made by the Deputy Chief Judge acting as the Chief Judge may not be questioned in any proceeding on the ground that the occasion for the Deputy Chief Judge so acting had not arisen or had ceased.
6: Procedure of Court in making determinations
Section 26F(3)(a) without a full or any hearing issue
7: Procedure for applications referred to Court
1: The heading to section 26G Powers of Court if application referred under section 26F(3)(b)
2: Section 26G subsection (1)
1: If a matter is referred to the Court for hearing and determination under section 26F(3)(b)
1A: However, despite subsection (1)
a: if subsection (2)
b: exercise the powers in section 67
c: if subsection (3)
d: request a report from Te Ohu Kai Moana Trustee Limited on any matter the Court considers appropriate.
8: Procedure of Court in making determinations
Section 26T(3)(a) without a full or any hearing issue
9: Procedure for applications referred to Court
1: The heading to section 26U Powers of Court if application referred under section 26T(3)(b)
2: Section 26U subsection (1)
1: If a matter is referred to the Court for hearing and determination under section 26T(3)(b)
1A: However, despite subsection (1)
a: if subsection (2)
b: exercise the powers in section 67
c: if subsection (3)
d: request a report from Te Ohu Kai Moana Trustee Limited on any matter the Court considers appropriate.
10: New heading and section 48A inserted
The following heading and section are inserted after section 48 Exercise of powers by Deputy Chief Judge
48A: Deputy Chief Judge may exercise special powers of Chief Judge
The Deputy Chief Judge has and may exercise, subject to the direction of the Chief Judge, the powers, functions, and duties of the Chief Judge under sections 44 to 48
11: Heading inserted above section 49
The heading Right of appeal against exercise of special powers is inserted above section 49
12: Appeal
1: Section 49(1) or the Deputy Chief Judge Chief Judge
2: Section 49(2) to the Chief Judge under this section under section 45
13: Validations
1: Subsection (2)
a: under sections 44 to 48
b: under section 452 of the Maori Affairs Act 1953
2: If subsection (1)
a: as if it had been done by the Chief Judge; and
b: as having, from the time when it was done, the same effect as if it had been done by the Chief Judge.
3: Any action taken by His Honour Judge Norman F Smith, in exercising or purporting to exercise his jurisdiction as an acting Judge of the Maori Land Court at any time in the period beginning on 1 November 2000 and ending on 30 November 2000, must be treated—
a: as if it had been done in accordance with section 10
b: as being as valid and of the same effect as if His Honour had been entitled to exercise the jurisdiction of an acting Judge throughout that period.
14: Accounts and balance sheet
Sections 276(2) (3) (4) 277(6) 281(1)(c) profit and loss account statement of financial performance


Treaty of Waitangi Amendment Act 2006

1: Title
This Act is the Treaty of Waitangi Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Treaty of Waitangi Act 1975
4: Interpretation
Section 2 historical Treaty claim section 6(1) section 6(1)(a) or (b) submit clause 5(10) of Schedule 2
5: Jurisdiction of Tribunal to consider claims
Section 6 subsection (2)
2: The Tribunal must inquire into every claim submitted to it under subsection (1)
a: the claim is submitted contrary to section 6AA(1)
b: section 7
6: New section 6AA inserted
The following section is inserted after section 6
6AA: Limitation of Tribunal's jurisdiction in relation to historical Treaty claims
1: Despite section 6(1)
a: submit a claim to the Tribunal that is, or includes, a historical Treaty claim; or
b: amend a claim already submitted to the Tribunal that is not, or does not include, a historical Treaty claim by including a historical Treaty claim.
2: However, subsection (1)
3: The Tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or further inquire into, or to make any finding or recommendation) in respect of a historical Treaty claim that is—
a: submitted contrary to subsection (1)(a)
b: included in a claim contrary to subsection (1)(b)
4: To avoid doubt, if a claim is submitted to the Tribunal contrary to subsection (1) sections 8A(2), 8C(1), 8HB(1), 8HD(1), and 8HJ
7: Schedule 2 amended
Clause 5
10: After consulting whoever, in his or her opinion, is appropriate, the Chairperson of the Tribunal may issue practice notes as to the practice and procedure of the Tribunal.


Maori Fisheries Amendment Act 2006

1: Title
This Act is the Maori Fisheries Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Maori Fisheries Act 2004
4: Obligation to establish and maintain iwi register
Section 40(3)(d) 10A or clause
5: New heading and sections 147A and 147B inserted
The following heading and sections are inserted after section 147 Adjustments to number of quota shares available for distribution
147A: Recalculation of allocations of deepwater stock
1: Subsection (2)
a: the number of shares for a stock available for distribution is reduced by the application of section 23(1) of the Fisheries Act 1996 section 28N of the Fisheries Act 1983
b: deepwater stock has been allocated to an iwi under section 141 or 142
c: the quota shares have not been transferred to the iwi.
2: Te Ohu Kai Moana Trustee Limited must recalculate the number of quota shares allocated to an iwi, and amend the register accordingly.
147B: Allocation of reduced number of quota shares
The number of quota shares listed in the third column of Schedule 1 section 23(1) of the Fisheries Act 1996 section 28N of the Fisheries Act 1983.
6: New heading and section 148A inserted
The following heading and section are inserted after section 148 Alteration of quota management areas under Fisheries Act 1996
148A: Consequence of altering quota management area
1: This section applies to Te Ohu Kai Moana Trustee Limited if—
a: a quota management area is altered under section 25 of the Fisheries Act 1996
b: settlement quota for that area has not been fully allocated under this Act.
2: Te Ohu Kai Moana Trustee Limited must—
a: first calculate all entitlements to settlement quota for the relevant stock as if the quota management area had not been altered under section 25 of the Fisheries Act 1996
b: then convert the amount of the quota shares for the stock to the shares relevant to the altered quota management area, applying the method set out in either—
i: the quota owner agreement entered into under section 25A of the Fisheries Act 1996
ii: the plan approved by the Minister under section 25B of the Fisheries Act 1996
7: Schedule 1 amended
1: Part 1
a: in relation to the item BNS2, 9 720 632 8 680 520
b: in relation to the item SCH3, 9 999 845 8 775 780
c: in relation to the item SCH7, 10 000 000 8 812 748
d: in relation to the item SCH8, 10 000 000 9 876 709
e: in relation to the item SPO2, 9 998 056 9 574 340
f: in relation to the item TAR2, 10 000 000 9 865 861
g: in relation to the item TAR3, 9 999 401 9 593 345
2: Part 2
a: in relation to the item CHC1, IN DW
b: in relation to the item CHC2, IN DW
c: in relation to the item CHC3, IN DW
d: in relation to the item CHC4, IN† DW†
e: in relation to the item CHC5, IN† DW†
f: in relation to the item CHC6, IN DW
g: in relation to the item CHC7, IN DW
h: in relation to the item CHC8, IN DW
i: in relation to the item CHC9, IN DW
8: Schedule 6 amended
1: Clause 4
5: To avoid doubt, this clause does not apply to a claim for harbour quota.
2: Schedule 6 clause 10
10A: Determination of entitlements for harbour quota
1: This clause applies when Te Ohu Kai Moana Trustee Limited, after receiving a coastline claim for harbour quota,—
a: has verified the matters set out in clause 10(1)(a) and (b)
b: is satisfied as to the matters set out in clause 10(1)(c)
2: Te Ohu Kai Moana Trustee Limited must determine coastline entitlements for harbour quota by multiplying the percentage set out in the claim (as required by clause 3(2)(c)
3: For each harbour quota stock, the percentage set out in the claim and the number of shares resulting from the calculation made under subclause (2)
3: The heading to clause 11 other than for harbour quota
4: Schedule 6 clause 11
11A: Recalculation of entitlements
1: Subsection (2)
a: the number of shares for a stock available for distribution is reduced by the application of section 23(1) of the Fisheries Act 1996 section 28N of the Fisheries Act 1983
b: an iwi entitlement to a stock has been calculated and registered under clause 10A or 11
c: the quota shares have not been transferred to the iwi.
2: Te Ohu Kai Moana Trustee Limited must recalculate the number of shares of the entitlement and amend the register.
9: Validation
1: Subsection (2)
a: Te Ohu Kai Moana Trustee Limited has applied under section 157
b: the chief executive has registered a settlement quota interest against quota shares under section 152A Fisheries Act 1996
2: An application or registration referred to in subsection (1) section 7(1)
3: Subsection (4) section 7(1)
4: Every allocation and transfer referred to in subsection (3)


1: Title
This Act is the Maori Commercial Aquaculture Claims Settlement Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Maori Commercial Aquaculture Claims Settlement Act 2004
4: Interpretation
1: Paragraphs (c) (d)(i) (ii) pre-commencement space 67Q 67Q(2)(a)
2: Paragraph (d)(i) pre-commencement space , and the permit that was granted is for aquaculture activities


1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General and technical provisions
3: Purpose of this Act
1: The purpose of this Act is to confirm and validate certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
2: The validations effected by sections 10 12 13 section 4
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 10 12 13
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating any of those enactments; or
c: override any presumption that would otherwise apply to any of those enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2005
2: Confirmations and validations
7: Biosecurity Act 1993 The following orders are confirmed:
a: Biosecurity (Risk Screening Levy) Order 2006
b: Biosecurity (Shipping Container Levy) Order 2006
8: Commodity Levies Act 1990 The following orders are confirmed:
a: Commodity Levies (Nashi Asian Pears) Order 2006
b: Commodity Levies (Navel Oranges) Order 2006
c: Commodity Levies (Asparagus) Order 2006
d: Commodity Levies (Arable Crops) Order 2006
e: Commodity Levies (Maize) Order 2006
f: Commodity Levies (Nelson-Marlborough Dredge Oysters) Amendment Order 2006
9: Customs and Excise Act 1996 The following orders are confirmed:
a: Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 2005 (SR 2005/296)
b: Excise and Excise-Equivalent Duties (Motor Spirits Indexation) Amendment Order 2006 (SR 2006/33)
c: Customs Export Prohibition (Toothfish) Order 2006
d: Customs Import Prohibition (Toothfish) Order 2006
e: Excise and Excise-Equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2006 (SR 2006/124)
10: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2006 (SR 2006/44)
11: Road User Charges Act 1977 The Road User Charges (Rates) Order 2006 (SR 2006/31)
12: Tariff Act 1988
The following orders are validated and confirmed:
a: Tariff (Concession) Amendment Order 2006
b: Tariff Amendment Order 2006
13: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2006 (SR 2006/43)