1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2011.
2: Commencement
1: This Act (except section 5
2: Section 5
a: a date appointed by the Governor-General by Order in Council; and
b: the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent. Section 2(2)(a) brought into force 1 August 2012 Children, Young Persons, and Their Families Amendment Act 2011 Commencement Order 2012
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 2011-07-23 Children, Young Persons, and Their Families Act 1989 OIC SR 2012/127 2012-08-01 Children, Young Persons, and Their Families Act 1989
4: Interpretation
Section 2(1) traffic offence traffic offence
a: any offence against the Road User Charges Act 1977, the Land Transport Act 1998, or the Land Transport Management Act 2003 or against any regulation, rule, or bylaw made under any of those Acts:
b: any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations .
5: Hierarchy of court's responses if charge against young person proved
Section 283
j: make an order that could have been made by a court other than a Youth Court under section 128 or 129 of the Sentencing Act 2002 (which relate to confiscation of motor vehicles) if the young person were an adult and had been convicted of the offence in a court other than a Youth Court, and, if the court makes the order, the following sections of that Act apply (to the extent they are applicable and subject to any necessary modifications):
i: section 128 or 129 (as the case may be):
ii: sections 129EA .


Crimes Amendment Act (No 2) 2011

1: Title
This Act is the Crimes Amendment Act (No 2) 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) this Act brought into force 13 February 2012 Crimes Amendment Act (No 2) 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Crimes Act 1961 OIC SR 2011/384 2012-02-13 Crimes Act 1961 s 2(1) —This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates
4: Section 19 substituted
Section 19
19: Enforcement of fines by High Court
1: If the High Court imposes 1 or more fines, Part 3 of the Summary Proceedings Act 1957 applies to the fine or fines, subject to any necessary modifications and subject to the modifications in subsections (2) to (5)
2: Without limiting the actions that the High Court may take under Part 3 of the Summary Proceedings Act 1957 in relation to the fine or fines, the High Court may make any orders that it thinks fit, including a charging order or sale order in relation to the offender's real property.
3: To avoid doubt, section 88A of the Summary Proceedings Act 1957 does not apply if the High Court makes, in accordance with subsection (2)
4: If an offender is sentenced by the High Court to community work, community detention, or home detention under section 88AE(1)
a: section 89(2) and (3) of the Summary Proceedings Act 1957 apply with any necessary modifications as if—
i: the references in those subsections to a District Court Judge were references to a High Court Judge; and
ii: the reference to the High Court was a reference to the Court of Appeal; and
b: sections 115 and 121 of the Summary Proceedings Act 1957, and any other relevant provisions of that Act relating to appeals against sentence, apply with any necessary modifications as if—
i: the references in those sections to a District Court were references to the High Court; and
ii: the references in those sections to the High Court were references to the Court of Appeal.
5: Despite section 90 of the Summary Proceedings Act 1957, the period of imprisonment that the High Court may impose on the offender for the non-payment of 1 or more fines must not exceed, for each fine, the lesser of—
a: the maximum term of imprisonment to which the offender was liable on the conviction; or
b: a period of 2 years.
6: If the High Court enforces 1 or more fines under this section, the Court may, at the same time, enforce any outstanding fine or fines imposed on the offender by a District Court.
7: For the purposes of subsection (6) subsection (1)
a: subject to the modifications in subsections (2) to (5)
b: subject to the modifications in subsections (2) and (4)
8: A Registrar of a District Court or of the High Court may exercise any jurisdiction and powers conferred on a Registrar of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1)
9: A bailiff of a District Court may exercise any jurisdiction and powers conferred on a bailiff of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1)
10: The amount of the fee payable if default is made in the payment of 1 or more fines imposed by the High Court to which, under subsection (1)
11: To avoid doubt, sections 92A to 92I
12: For the purposes of this section, and subject to subsection (4), any reference in Part 3 of the Summary Proceedings Act 1957 to—
a: a Court is, unless the context otherwise requires, taken to be a reference to the High Court; and
b: a District Court Judge is, unless the context otherwise requires, taken to be a reference to a High Court Judge; and
c: a Registrar is, unless the context otherwise requires, taken to be a reference to a Registrar of the High Court or of a District Court and includes a Deputy Registrar.
13: In this section, fine section 79
5: Sections 19B to 19F repealed
Sections 19B to 19F


1: Title
This Act is the Criminal Proceeds (Recovery) Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) brought into force 1 August 2012 Criminal Proceeds (Recovery) Amendment Act 2011 Commencement Order 2012 (SR 2012/128)
3: Principal Act amended
This Act amends the Criminal Proceeds (Recovery) Act 2009 OIC SR 2012/128 2012-08-01 Criminal Proceeds (Recovery) Act 2009 s 2(1) & 2—The Criminal Proceeds (Recovery) Amendment Act 2011 comes into force on 1 August 2012.
4: Discharge of assets forfeiture order by Official Assignee
Section 82(1)
c: thirdly, by paying, in the order of priority set out in section 86E
i: any amount of reparation (as defined in section 79
ii: any offender levy (as defined in section 79
iii: any other type of fine (as defined in section 79 .
5: Discharge of profit forfeiture order by Official 	Assignee
Section 83(1)
c: thirdly, by paying, in the order of priority set out in section 86E
i: any amount of reparation (as defined in section 79
ii: any offender levy (as defined in section 79
iii: any other type of fine (as defined in section 79 .
6: Discharge of instrument forfeiture order by Official Assignee
Section 85
c: thirdly, by paying, in the order of priority set out in section 86E
i: any amount of reparation (as defined in section 79
ii: any offender levy (as defined in section 79
iii: any other type of fine (as defined in section 79 .


Customs and Excise Amendment Act 2011

1: Title
This Act is the Customs and Excise Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1): brought into force 13 February 2012 clause 2 Customs and Excise Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Customs and Excise Act 1996 OIC SR 2011/385 2012-02-13 Customs and Excise Act 1996 s 2(1) —This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates
4: Interpretation
1: Section 280C fine fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43
d: a fine to which section 28I
e: any amount payable under section 138A(1) of the Sentencing Act 2002 .
2: Section 280C reparation
3: Section 280C amount of reparation section 79 .
5: Customs may supply information concerning specified fines defaulters to chief executive of Department of Labour
Section 280F(3) fine fine
a: a fine imposed by, or resulting from the enforcement of, an order made or deemed to have been made under section 21(5), (5A)
b: any amount payable under section 138A(1) of the Sentencing Act 2002 .


Disputes Tribunals Amendment Act 2011

1: Title
This Act is the Disputes Tribunals Amendment Act 2011.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 14 April 2014 Disputes Tribunals Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Disputes Tribunals Act 1988 OIC SR 2013/413 2014-04-14 Disputes Tribunals Act 1988 This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
4: Functions of Tribunal
Section 18
4A: An agreed settlement approved by the Tribunal under subsection (3) may include the terms of any agreement between the parties for payment of any amount specified in the agreed settlement to be enforced by way of an attachment order made under the District Courts Act 1947
4B: If subsection (4A) applies, then section 19(1A) to (1C)
5: Orders of Tribunal
Section 19
1A: The Tribunal may record in an order made under subsection (1)(a) (a money order District Courts Act 1947
a: the money order was made at a hearing at which both parties were present; and
b: the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and
c: both parties agreed on the terms of the attachment order, including the details specified in subsection (1B).
1B: If subsection (1A) applies, the money order must include the following details:
a: the employer to whom the attachment order will relate; and
b: whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period
c: the amount or percentage to be deducted from salary or wages for the earnings period; and
d: the amount or percentage below which the net amount paid for the earnings period must not fall; and
e: the name and address of the person to whom the amounts deducted are to be paid; and
f: that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period.
1C: Nothing in subsection (1B)(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 84I(3)
1D: If subsection (1B) is complied with, the money order may be filed in any District Court and, if so filed, sections 79(5C) and 84F to 84N
1E: In this section, employer salary or wages section 84F


Family Courts Amendment Act 2011

1: Title
This Act is the Family Courts Amendment Act 2011.
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 Family Courts Act 1980 2011-07-23 Family Courts Act 1980
4: Application of District Courts Act 1947
Section 16(4) 79 78A


Immigration Amendment Act 2011

1: Title
This Act is the Immigration Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) this Act brought into force 13 February 2012 Immigration Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Immigration Act 2009 OIC SR 2011/387 2012-02-13 Immigration Act 2009 s 2(1)—This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
4: Information matching to locate person in serious default of payment of fine
1: Section 295(4) fine fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43
d: a fine to which section 28I
e: any amount payable under section 138A(1) of the Sentencing Act 2002 .
2: Section 295(4) reparation
3: Section 295(4) amount of reparation section 79 .


Misuse of Drugs Amendment Act 2011

1: Title
This Act is the Misuse of Drugs Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2 this Act brought into force 1 August 2012 Misuse of Drugs Amendment Act 2011 Commencement Order 2012
3: Principal Act amended
This Act amends the Misuse of Drugs Act 1975 OIC SR 2012/129 2012-08-01 Misuse of Drugs Act 1975 s 2(1) & (2)—This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates
4: Forfeiture
Section 32
5: If the Court is considering whether to make an order for forfeiture under subsection (4), sections 128(5), 130, and 131 of the Sentencing Act 2002 apply to the extent that they are applicable and subject to any necessary modifications.
6: If an order for forfeiture is made under subsection (4), the following provisions of the Sentencing Act 2002 apply to the extent that they are applicable and subject to any necessary modifications and the exception in paragraph (b)
a: sections 132 to 136:
b: section 137, except that section 137(3)(c) (fb)
c: sections 138, 138A, and 140:
d: section 140A section 140A(4) (c)
e: sections 141A and 142.


1: Title
This Act is the Misuse of Drugs Amendment Act 1978 Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) this Act brought into force 13 February 2012 Misuse of Drugs Amendment Act 1978 Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Misuse of Drugs Amendment Act 1978 OIC SR 2011/388 2012-02-13 Misuse of Drugs Amendment Act 1978 s 2(1) —This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates
4: Section 43 substituted
Section 43
43: Enforcement of fines
1: If the Court sentences an offender on conviction for a drug dealing offence to pay a fine to which section 38 or 39 applies, section 19 section 28I
2: The Court or the Registrar may make any orders as are appropriate under any of the provisions specified in subsection (1)
3: In subsection (2) Registrar
a: means any Registrar of the High Court or a District Court; and
b: includes any Deputy Registrar.
5: Sections 44 and 46 repealed
Sections 44 46


1: Title
This Act is the Personal Property Securities Amendment Act 2011.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 13 February 2012 clause 2 Personal Property Securities Amendment Act 2011 Commencement Order 2011 Section 2 brought into force 1 August 2012 clause 2 Personal Property Securities Amendment Act 2011 Commencement Order 2012 Section 2 brought into force 14 April 2014 clause 2 Personal Property Securities Amendment Act 2011 Commencement Order 2013 Section 2 brought into force 20 May 2021 clause 2 Personal Property Securities Amendment Act 2011 Commencement Order 2021
3: Principal Act amended
This Act amends the Personal Property Securities Act 1999 OIC SR 2011/389 2012-02-13 Personal Property Securities Act 1999 OIC LI 2021/83 2021-05-20 Personal Property Securities Act 1999 Brings into force section 167(1)(b)(iv) only (which is in section 5 below). OIC SR 2012/130 2012-08-01 Personal Property Securities Act 1999 Brings into force section 167A(1)(b)(ii) only (which is in section 5 below). OIC SR 2013/424 2014-04-14 Personal Property Securities Act 1999 Brings into force section 167A(1)(b)(i) only (which is in section 5 below).
4: Interpretation
Paragraph (b) of the definition of working day section 16 167A, 165,
5: New section 167A inserted
The following section is inserted after section 167
167A: Financing change statement consequential on sale effected by court under certain enactments
1: This section applies to any personal property (the personal property
a: falls within the collateral description included in a registered financing statement (the applicable financing statement
b: has been sold or disposed of under—
i: section 89, 91, or 93 of the District Courts Act 1947
ii: section 137(1), 138, or 141(3)(b) of the Sentencing Act 2002
iii: section 100L(1)(a) or 100P(1)
iv: a sale order issued under rule 17.63 of the High Court Rules
2: A court registrar may enter in the register a financing change statement that—
a: discharges the registration of the applicable financing statement if the collateral description in the applicable financing statement relates exclusively to the personal property; or
b: amends the applicable financing statement to exclude the personal property from the collateral description if the collateral description in the applicable financing statement does not relate exclusively to the personal property.
3: As soon as is reasonably practicable after the financing change statement is entered in the register, the Registrar must ensure that the secured party is given a notice stating that the financing change statement will be registered unless a court order, under subsection (4), cancelling that statement is served on the Registrar within 15 working days of the notice being given to the secured party.
4: The court on whose behalf the financing change statement was entered may, on application, order the cancellation of that statement on the ground that the statement would affect collateral that is not personal property within the meaning of subsection (1).
5: An order under subsection (4) may be made by the court registrar of the appropriate court and any order made by that registrar is subject to review by a Judge of the appropriate court.
6: If an order, under subsection (4), cancelling the financing change statement is served on the Registrar within the period of 15 working days referred to in the notice given under subsection (3), the financing change statement will not be registered and may be removed from the register by the Registrar.
7: If an order, under subsection (4), cancelling the financing change statement is not served on the Registrar within the period of 15 working days referred to in the notice given under subsection (3), the financing change statement will be registered in accordance with section 144
8: In this section, court registrar
a: means any registrar of the High Court or of a District Court as appropriate; and
b: includes any deputy registrar of the High Court or of a District Court as appropriate.


1: Title
This Act is the Prisoners' and Victims' Claims Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) this Act brought into force 13 February 2012 Prisoners’ and Victims’ Claims Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Prisoners' and Victims' Claims Act 2005 OIC SR 2011/390 2012-02-13 Prisoners' and Victims' Claims Act 2005
4: Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account
The definition of order of reparation section 18(2)
d: an order that—
i: requires the payment of an amount to compensate, or to make restitution to, the victim of an offence against an enactment; and
ii: is declared by the Governor-General, by Order in Council, to be an order of reparation for the purposes of Part 3 of the Summary Proceedings Act 1957.


Privacy Amendment Act 2011

1: Title
This Act is the Privacy Amendment Act 2011.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2: brought into force 13 February 2012 Privacy Amendment Act 2011 Commencement Order 2011 Section 2 brought into force 1 November 2013 Privacy Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Privacy Act 1993 OIC SR 2011/391 2012-02-13 Privacy Act 1993 Sections 3 and 4 of the Privacy Amendment Act 2011 come into force on 13 February 2012. OIC SR 2013/416 2013-11-01 Privacy Act 1993 section 5 and the Schedule (The rest of this Act)
4: Notice of adverse action proposed
1: Section 103(5) fine fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43
d: a fine to which section 28I
e: any amount payable under section 138A(1) of the Sentencing Act 2002
2: Section 103(5) reparation
3: Section 103(5 amount of reparation section 79
5: Schedule 5 amended
Schedule 5 Schedule


1: Title
This Act is the Residential Tenancies Amendment Act 2011.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 14 April 2014 Residential Tenancies Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Residential Tenancies Act 1986 OIC SR 2013/421 2014-04-14 Residential Tenancies Act 1986 This Act comes into force on 14 April 2014 by SR 2013/421
4: Jurisdiction of Tribunal
1: Section 77(2)
pa: to record in any order requiring a party to pay money to any other party that the parties have agreed to enforce the payment of the amount specified in that order by way of an attachment order made under the District Courts Act 1947 .
2: Section 77
2A: If subsection (2)(pa) applies, then section 78(2AB) to (2AD)
5: Orders of Tribunal
Section 78
2AB: The Tribunal may record in an order made under subsection (1)(d) (a money order District Courts Act 1947
a: the money order was made at a hearing at which both parties were present; and
b: the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and
c: both parties agreed on the terms of the attachment order, including the details specified in subsection (2AC).
2AC: If subsection (2AB) applies, the money order must include the following details:
a: the employer to whom the attachment order will relate; and
b: whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period
c: the amount or percentage to be deducted from salary or wages for the earnings period; and
d: the amount or percentage below which the net amount paid for the earnings period must not fall; and
e: the name and address of the person to whom the amounts deducted are to be paid; and
f: that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period.
2AD: Nothing in subsection (2AC)(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 84I(3)
2AE: If subsection (2AC) is complied with, the money order may be filed in any District Court and, if so filed, sections 79(5C) and 84F to 84N
2AF: For the purposes of subsection (2AB)(a), hearing
2AG: In this section, employer salary or wages section 84F
6: Functions of Tenancy Mediators
Section 88
8: If a Tenancy Mediator makes an order under section 78(1)(d)
a: section 78(2AB) and (2AD)
i: the references to the money order were references to the agreed settlement; and
ii: the reference to the Tribunal were a reference to the Tenancy Mediator; and
iii: the reference to a hearing were a reference to mediation:
b: the order made by the Tenancy Mediator under section 78(1)(d)


Railways Amendment Act 2011

1: Title
This Act is the Railways Amendment Act 2011.
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 Railways Act 2005 2011-07-23 Railways Act 2005
4: Issue of infringement notice
Section 99
5: New section 100 substituted
Section 100
100: Contents of infringement notices and reminder notices
1: An infringement notice must contain—
a: details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: in the case of an infringement offence in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and
c: the amount of the infringement fee specified in respect of that offence; and
d: the address of the place at which the infringement fee may be paid; and
e: the time within which the infringement fee may be paid; and
f: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
g: a statement of the right of the person served with the notice to request a hearing; and
h: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
i: any other particulars that are prescribed.
2: A reminder notice must include the same particulars, or substantially the same particulars, as the infringement notice.
3: If regulations made under this Act prescribe the form of an infringement notice or a reminder notice, the infringement notice or reminder notice must be in that form.
4: Different forms of infringement notices and reminder notices may be prescribed for different kinds of infringement offences.


Sentencing Amendment Act 2011

1: Title
This Act is the Sentencing Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) brought into force 13 February 2012 Sentencing Amendment Act 2011 Commencement Order 2011 Section 2(1) brought into force 1 August 2012 Sentencing Amendment Act 2011 Commencement Order 2012
3: Principal Act amended
This Act amends the Sentencing Act 2002 OIC SR 2011/392 2012-02-13 Sentencing Act 2002 Sections 3 to 6, 8, 9, 11 to 14, 31, 39, and 40 of the Sentencing Amendment Act 2011 come into force on 13 February 2012. OIC SR 2012/131 2012-08-01 Sentencing Act 2002 s 2(1) & 2—Sections 7, 10, 15 to 30, and 32 to 38 of the Sentencing Amendment Act 2011 come into force on 1 August 2012. The rest of the Act is already in force.
4: Reparation
1: Section 12(1) or order sentence
2: Section 12(3) or order sentence
3: Section 12
4: In this section, order of reparation
5: Taking into account financial capacity of offender
Section 35
2: Subsection (3) applies if the court is considering whether to impose—
a: more than 1 sentence of reparation on an offender; or
b: a sentence of reparation and a sentence of a fine on an offender; or
c: a sentence of reparation on an offender who is subject to an earlier sentence or order of reparation or an earlier sentence of a fine, or a combination of any of those.
3: The court must take into account that any payments received from the offender must be applied in the order of priority set out in sections 86E to 86G
6: New section 36 substituted
Section 36
36: Payment conditions of sentence of reparation
1: If a court sentences an offender to make reparation, the court may—
a: make an order, under section 81(1)(a)
b: make an order, under section 83(1)
c: direct the Registrar to determine the conditions of payment of the reparation, including whether to—
i: require the offender to pay the reparation immediately under section 83(1)
ii: enter into an arrangement with the offender allowing the offender greater time to pay or allowing the offender to pay by instalments, or both, under section 86
2: If the court does not make an order or give a direction under subsection (1), the reparation must be paid in 1 lump sum within the time allowed for the payment of fines generally by section 80
7: New section 38A inserted
The following section is inserted after section 38
38A: Cancellation of sentence of reparation
1: A court may, on an application under subsection (2) or (3) or on its own initiative,—
a: cancel a sentence of reparation; or
b: cancel a sentence of reparation and substitute any other sentence (including another sentence of reparation) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed.
2: An offender who is subject to a sentence of reparation or a Registrar may apply in accordance with section 72
3: A Registrar may apply in accordance with section 72
4: The court may make an order under subsection (1) (whether on application or on its own initiative) only if—
a: the person to whom the offender is required to pay the reparation—
i: has been informed and has been given the opportunity to be heard about the matter; or
ii: is unable to be found despite reasonable efforts made by the Registrar; and
b: the court is satisfied that—
i: the ground in subsection (2) or (3) has been established; and
ii: enforcement of the original sentence of reparation under Part 3 section 19 section 28I
5: If the court is considering a substitute sentence,—
a: the court must take the following matters into account:
i: the amount of the original sentence of reparation that has been paid and the amount outstanding:
ii: any other sentences or orders imposed on the offender for the offending for which the original reparation was imposed and the extent to which the reparation was taken into account in imposing those sentences or orders; and
b: if the offender provided false or misleading information about the offender's financial position, the court may take the following matters into account:
i: the extent to which the information was false or misleading:
ii: the offender's culpability in providing the information, including whether, in the court's opinion, the offender intended to mislead the court.
6: If the court cancels a sentence of reparation, the amount of reparation outstanding is deemed to be remitted from the date the order is made or any other date that the court may specify.
8: Determining amount of fine
Section 40
4: Subsection (4A) applies if a court imposes a fine—
a: in addition to a sentence of reparation; or
b: on an offender who is subject to an earlier sentence or order of reparation.
4A: In fixing the amount of the fine, the court must take into account—
a: the amount of reparation payable; and
b: that any payments received from the offender must be applied in the order of priority set out in sections 86E to 86G
9: New section 42A inserted
The following section is inserted after section 42
42A: Offender may be detained for purpose of making declaration
A court may direct that an offender be detained in the custody of the court for a period not exceeding 2 hours for the purpose of making a declaration of financial capacity in accordance with section 42
10: Jurisdiction and procedure
1: The heading above section 72 and cancellation of sentences of reparation
2: Section 72(1) 38A, section
3: Section 72(2)
b: on the chief executive of the Ministry of Justice, if a Registrar is not the applicant under section 38A
c: on the chief executive of the Department of Corrections, if a probation officer is not the applicant under section 54, 54K, 68, or 69I
4: Section 72
2A: An application under section 38A section 79A or 79B
2B: If an application under section 38A
2C: Sections 88AA and 88AC
2D: For the purposes of sections 280C to 280F sections 295 to 297
11: Section 105C repealed
Section 105C
12: Discharge without conviction
1: Section 106
3A: Sections 32 to 38A
2: Section 106
13: Conviction and discharge
1: Section 108
2A: Sections 32 to 38A
2: Section 108
14: Order to come up for sentence if called on
1: Section 110
3A: Sections 32 to 38A
2: Section 110
15: Interpretation of terms used in sections 128 to 142
1: Section 127(1) encumbrance
2: Section 127(1) hire purchase agreement hire purchase agreement
a: an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:
b: an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid .
3: Section 127(1) leasing agreement lease .
4: Section 127(1) constable section 4 Police employee section 4 secured party section 16 security agreement section 16 security interest section 17 .
16: Confiscation and destruction after third illegal street racing offence
Section 129A
5: The court must not make an order under subsection (3) in respect of a motor vehicle that 1 or more persons treated as a substitute have an interest in if it is satisfied that either of the following applies to each substitute:
a: the substitute did not know, and could not reasonably have known, that the offender would commit the offence or offences; or
b: the substitute took all reasonable steps to prevent the offender from committing the offence or offences.
17: Written caution to persons with interest in motor vehicles involved in offences
1: Section 129B(2) issued and written caution be
2: Section 129B(3)(b)
ii: is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender.
3: Section 129B(7)
c: by being left for the person at the person's place of business with another person (other than the offender).
4: Section 129B(8)
aa: a constable: .
5: Section 129B(8)(a) authorised by the Commissioner of Police to serve documents under this Act
6: Section 129B(9) the date, and the time of service date, time, and mode of service
18: Review of written caution
Section 129C(1)
c: the applicant is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender: .
19: Appeal against confiscation by persons treated as substitutes
1: Section 129E(1)
a: the motor vehicle was stolen or converted at the material time:
b: the appellant did not own or have an interest in the motor vehicle at the material time:
c: the appellant is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998
e: the appellant took all reasonable steps to prevent the offender from committing the offence or offences:
f: the appellant had not, before the commission of the offence or offences, been served with a written caution under section 129B
g: the appellant did not know, and could not reasonably have known, that the offender would commit the offence or offences:
h: confiscation of the motor vehicle is causing, or will cause, undue hardship to the appellant or any other person (other than the offender).
2: Section 129E(2)(b) substitute who substitute or who
3: Section 129E(5)(a) subsection (1)(b) or (g) subsection (1)(a), (d), or (h)
20: New section 129EA inserted
The following section is inserted after section 129E
129EA: Appeal against confiscation by third party
1: If the court orders the confiscation of a motor vehicle under section 128, 129, or 129A
2: The appellant must serve the notice of appeal on—
a: the prosecuting agency in the proceeding that resulted in the relevant conviction; and
b: any person (other than the offender or, as the case may be, the substitute for the offender) who owns or has an interest in the vehicle.
3: The persons described in subsection (2) are parties to the appeal.
4: The right of appeal under subsection (1) is independent of the offender's right of appeal against conviction and sentence for the relevant offence or offences.
5: The court must set aside the confiscation of the motor vehicle if satisfied that the ground of appeal stated in subsection (1) applies.
6: For the purposes of subsection (1),—
a: if the order was made in a District Court, the appeal must be brought in the High Court in accordance with the High Court Rules:
b: if the order was made in the High Court, the appeal must be brought in the Court of Appeal in accordance with the rules of court governing civil appeals to that court.
21: Warning notice to secured parties if confiscation not ordered for second illegal street racing offence
Section 129F(2)(c) an encumbrance a security agreement or lease
22: Court may order declaration of ownership to be completed
Section 130(2)(b) encumbrance security interest or lease
23: Enforcement of confiscation order
Section 132(5)
24: Registrar may direct order to be enforced in another District Court
Section 135(1) , by order signed by the Registrar,
25: Offender must not acquire new interest in motor vehicle for 12 months
Section 136(5) sections 130 sections 129EA, 130
26: New section 136A substituted
Section 136A
136A: Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order
If, under section 129A or 136(4)
a: is, for the purposes of the Land Transport Act 1998
b: must make that application before the motor vehicle is sold or disposed of.
27: Sale of confiscated motor vehicles
1: Section 137(2) in writing
2: Section 137(3)
c: if 1 or more security agreements have been brought to the notice of the Registrar before the proceeds of sale are fully applied, and have been established to the Registrar's satisfaction, in payment to each secured party of the amount to which the secured party would, but for the extinguishment of the security interest concerned, have been entitled under that agreement: .
3: Section 137(3)(e) section 105B under
4: Section 137(3)
fa: in payment of any fees and accident insurance levies prescribed under section 242(2)(b)
fb: in payment of any road user charges under the Road User Charges Act 2012 .
5: Section 137
3A: If any proceeds of sale are required to be applied to 2 or more security interests under subsection (3)(c), those proceeds must be applied in the order of priority determined for those security interests by Part 7 or 8
6: Section 137(4) paragraphs (d) and (f) paragraphs (d) to (f)
7: Section 137
5: A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242
a: is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and
b: in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and
c: must comply in all respects with that Act as soon as the motor vehicle has been towed to that place.
6: If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold under this section, apply, under the Land Transport Act 1998
7: The person to whom a motor vehicle is sold under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that sale. Section 27(4) amended 1 August 2012 section 94 Road User Charges Act 2012
28: Certain sales conditional on dismantling and destruction
Section 137A(4) The property in the motor vehicle does not pass from the Crown Despite section 137(7)
29: Sale of motor vehicle surrendered or recovered under section 137B
Section 137C(1) and (2) , (2), (5), and (7)
30: Disposal of unsaleable confiscated vehicle
Section 138
2: If the Registrar proposes to dispose of a motor vehicle under subsection (1), the Registrar—
a: is, for the purposes of the Land Transport Act 1998 and any regulations made under it, entitled to apply for the cancellation of the registration of the motor vehicle; and
b: must make that application before the disposal of the motor vehicle.
3: The person to whom a motor vehicle is disposed of under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that disposition.
31: Offender liable for outstanding costs of seizure, storage, and sale
1: Section 138A
4: Part 3 section 84 section 19 section 28I
2: Section 138A(5)
a: by omitting appearing to have been signed issued
b: by omitting , without proof of the signature or office of the person appearing to have signed the certificate
32: Procedure if notice given that vehicle subject to encumbrance
1: The heading to section 139 encumbrance security agreement
2: Section 139(1)
a: by omitting within 1 month after the date of sale before the proceeds of sale are fully applied
b: by omitting any encumbrance a security agreement
33: Lessor under leasing agreement may apply to Registrar
1: The heading to section 140 under leasing agreement
2: Section 140(1)
a: omitting leasing agreement lease
b: inserting or disposed of has sold
c: omitting terms of the agreement terms of the lease
3: Section 140
2A: On the transfer of the motor vehicle under subsection (2) to the lessor, the lease is cancelled.
34: New section 140A inserted
The following section is inserted after section 140
140A: What happens if lessor does not apply to Registrar before motor vehicle sold or disposed of
1: This section applies if—
a: section 140
b: the lessor does not apply to the court for the transfer of the motor vehicle under section 140(1)
c: the vehicle is sold; and
d: the proceeds of the sale have not been fully applied.
2: The lessor may apply to the court for the release of the proceeds of the sale of the motor vehicle that have not been applied.
3: On an application under subsection (2), the Registrar or a District Court Judge may release the proceeds of the sale of the motor vehicle in accordance with subsections (4) and (5).
4: The proceeds of the sale of the motor vehicle must be applied in accordance with section 137 section 127(1)
5: However, despite subsection (4), section 137
a: the proceeds of the sale of the motor vehicle must be applied in payment to the lessor of the amount to which the lessor would, but for the sale, have been entitled to under the lease; and
b: the proceeds of the sale of the motor vehicle must be applied in the manner and order of priority set out in section 137
i: in the case of a lease for a term of less than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) after they are applied for the payments described in section 137(3)(a) and (b)
ii: in the case of a lease for a term of more than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) as if they were payments described in section 137(3)(c),
6: On the release of the proceeds of the sale of the motor vehicle to the lessor, the lease is cancelled.
35: Secured party may apply to court
1: Section 141(1) any encumbrance (other than a leasing agreement) a security agreement
2: Section 141(1) or disposed of has sold
3: Section 141(4) This section Subsection (3)
4: Section 141
3A: If 2 or more secured parties have applied for an order under subsection (3), then the court must transfer the motor vehicle to the secured party with the highest-ranking security interest under the order of priority determined by Part 7 or 8
5: Section 141
5: The person to whom a motor vehicle is sold under a direction given under subsection (3)(b) obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that sale.
36: Certain payments required before transfers take effect
Section 141A(3) or its disposal under section 138
37: Application of proceeds of sale by secured party
1: Section 141B(1)
b: pay into court the proceeds of the sale, less—
i: any costs paid under section 141A
ii: the amount of the costs and expenses of, and incidental to, the sale.
2: Section 141B(2) section 137(3)(d) to (g) section 137(3)(c) to (g) and (3A)
38: New section 141C inserted
The following section is inserted after section 141B
141C: Failure by secured party to sell or account for proceeds
1: If the court has directed a secured party under section 141(3)(b)
2: If the person in possession of the motor vehicle fails to surrender the motor vehicle at the time and place specified by the Registrar, the court may issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to recover the motor vehicle.
3: For the purpose of executing a warrant issued under subsection (2), the Registrar or bailiff or constable executing it may enter on any premises, by force if necessary, if the Registrar, bailiff, or constable has reasonable cause to believe that the motor vehicle in respect of which the warrant is issued is on those premises.
4: If any person is in actual occupation of the premises, the Registrar or bailiff or constable must, on entering, produce the warrant to that person.
5: If a motor vehicle is surrendered to or recovered by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar.
6: Sections 133 and 134
7: As soon as practicable after the motor vehicle is delivered into the Registrar's custody under subsection (5), the Registrar must arrange for its sale under section 137 section 138
8: A secured party who fails, in whole or in part, to pay into court the money required under section 141B(1)(b)
39: Section 145 substituted
Section 145
145: Maximum period of detention for administrative tasks
1: The purpose of this section is to provide for the maximum period for which an offender may be detained in the custody of the court, on any 1 occasion, to allow any administrative tasks to be completed if—
a: 2 or more of those tasks apply or relate to the offender; and
b: they have to be completed at the same time.
2: An offender may be detained in the custody of the court for a period not exceeding 3 hours if the offender is required, at any time before sentencing, to complete both of the following:
a: make a declaration of financial capacity in accordance with section 42
b: make a declaration of ownership of a motor vehicle in accordance with section 130
3: An offender may be detained in the custody of the court for a period specified in subsection (4) if, at any time after sentencing, 2 or more of the following are required to be completed:
a: the offender to make a declaration of financial capacity in accordance with section 42
b: an order for a community-based sentence to be drawn up and a copy given to the offender under section 74
c: an order for a sentence of home detention to be drawn up and a copy given to the offender under section 80ZC
d: a non-association order to be drawn up and a copy given to the offender under section 115
e: a protection order to be drawn up and served on the offender under section 123E
4: The period referred to in subsection (3) is—
a: a period not exceeding 3 hours if any 2 administrative tasks are required to be completed; or
b: a period not exceeding 4 hours if any 3 or more administrative tasks are required to be completed.
5: If an offender is detained in the custody of the court for 2 or more orders for community-based sentences to be drawn up under section 74
6: Nothing in this section limits or affects sections 42A, 74(4), 80ZC(4), 115(2), 123E(2), and 130(3)
7: In this section, administrative task
40: Sections 145A to 145D repealed
Sections 145A to 145D


Social Security Amendment Act 2011

1: Title
This Act is the Social Security Amendment Act 2011.
2: Commencement
1: This Act (except section 4(2)
2: Section 4(2)
a: a date appointed by the Governor-General by Order in Council; and
b: the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent. Section 2(2)(a) brought into force 13 February 2012 Social Security Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Social Security Act 1964 2011-07-23 Social Security Act 1964 See s2(1) — All this Act except for section 4(2). OIC SR 2011/393 2012-02-13 Social Security Act 1964 See s 2(2)(a) —Section 4(2) comes into force on a date appointed by the Governor-General by Order in Council
4: Information on beneficiaries and former beneficiaries may be disclosed to Department for Courts for fines enforcement purposes
1: The heading to section 126A Department for Courts Ministry of Justice
2: Section 126A(1) fine fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43
d: a fine to which section 28I
e: any amount payable under section 138A(1) of the Sentencing Act 2002.
3: Section 126A(2) Department for Courts Ministry of Justice
4: Section 126A(3) Department for Courts Ministry of Justice
5: Section 126A
3A: For each item of information to be supplied under subsection (3), the chief executive of the department must include the date when the information was most recently updated.
6: Section 126A(4) Department for Courts Ministry of Justice


Tax Administration Amendment Act 2011

1: Title
This Act is the Tax Administration Amendment Act 2011.
2: Commencement
1: This Act (except section 4(7)
2: Section 4(7)
a: a date appointed by the Governor-General by Order in Council; and
b: the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent. Section 2(2)(a) brought into force 13 February 2012 Tax Administration Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Tax Administration Act 1994 2011-07-23 Tax Administration Act 1994 except for section 4(7) OIC SR 2011/395 2012-02-13 Tax Administration Act 1994 Section 4(7) of the Tax Administration Amendment Act 2011 comes into force on 13 February 2012.
4: Disclosure of certain information in relation to fines defaulters
1: Section 85A(1) Department for Courts Ministry of Justice
2: Section 85A(2)
a: by omitting Department for Courts Ministry of Justice
b: by omitting that Department that Ministry
3: Section 85A(3) Department for Courts Ministry of Justice
4: Section 85A
4: If the Commissioner has information relating to the fines defaulter, the Commissioner may supply to an authorised officer of the Ministry of Justice all or any of the following information that is held by the Commissioner in relation to the fines defaulter:
a: the last known address of the fines defaulter; and
b: the last known telephone number of the fines defaulter; and
c: the name of the last known employer of the fines defaulter; and
d: the address of the last known employer of the fines defaulter; and
e: the telephone number of the last known employer of the fines defaulter.
4A: For each item of information to be supplied under subsection (4)
5: The definition of authorised officer section 85A(6)
a: by omitting Department for Courts Ministry of Justice
b: by omitting that Department that Ministry
6: The definition of chief executive section 85A(6) Department for Courts Ministry of Justice
7: Section 85A(6) fines defaulter fines defaulter
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43
d: a fine to which section 28I
e: any amount payable under section 138A(1) of the Sentencing Act 2002 .


1: Title
This Act is the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Act 2011.
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 Weathertight Homes Resolution Services Act 2006 2011-07-23 Weathertight Homes Resolution Services Act 2006
1: Amendments to principal Act
4: New section 3 substituted
Section 3
3: Purpose of this Act
The purpose of this Act is—
a: to provide owners of dwellinghouses that are leaky buildings with access to speedy, flexible, and cost-effective procedures for the assessment and resolution of claims relating to those buildings; and
b: to provide for certain matters relating to the provision of a package of financial assistance measures to facilitate the repair of those buildings.
5: Overview of this Act
Section 4 Financial assistance package
ha: Part 1A .
6: Interpretation
Paragraph (b) of the definition of civil proceedings section 8 sections 84 and 105 sections 84, 105, 125G, and 125H
7: New Part 1A inserted
The following Part is inserted after Part 1
1A: Financial assistance package
Preliminary
125A: Purpose of this Part
The purpose of this Part is to facilitate the repair of leaky buildings by providing for certain matters relating to the provision of a package of financial assistance measures to qualifying claimants.
125B: Interpretation
1: In this Part, unless the context otherwise requires,— additional contributing party
a: means either or both of the following:
i: the relevant territorial authority, if it agrees to—
A: participate in the provision of the package of financial assistance measures to qualifying claimants; and
B: make, under a contribution agreement, a financial contribution towards the agreed repair costs of the dwellinghouse concerned:
ii: any other party (if any) who agrees to make a contribution (whether financial or otherwise) towards the agreed repair costs of the dwellinghouse concerned; but
b: does not include a claimant or a lender agreed repair costs
a: means the costs or expenses that—
i: a claimant may incur, or has incurred, to effect any repair agreed in a contribution agreement; and
ii: are agreed with the claimant; and
b: includes—
i: any associated costs:
ii: the agreed value of any non-financial contribution made by any additional contributing party that is not a relevant territorial authority; but
c: does not include any legal costs or expenses associated costs
a: a valuer's report on the valuation of a dwellinghouse before the repair is commenced:
b: design work in relation to or in connection with any repair:
c: project management in relation to or in connection with any repair:
d: building consent in relation to or in connection with any repair:
e: resource consent under the Resource Management Act 1991 in relation to or in connection with any repair:
f: alternative accommodation for the claimant in connection with or as a result of any repair:
g: storage for the claimant's furniture, household appliances, and other household effects in connection with or as a result of any repair if the furniture, household appliances, and other household effects were in the dwellinghouse at the time of commencement of the repair contributing party contribution agreement
a: is entered into between—
i: a claimant and the contributing party; or
ii: a claimant, the contributing party, and any additional contributing party; and
b: sets out the terms and conditions for the provision of financial assistance measures to the claimant financial assistance measures
a: a financial support facility that is in the form of,—
i: in the case of the contributing party and, if applicable, any additional contributing party that is a relevant territorial authority, a financial contribution towards the agreed repair costs of a dwellinghouse; and
ii: if applicable, in the case of any other additional contributing party, any or all of the following contributions towards the agreed repair costs of a dwellinghouse:
A: a financial contribution:
B: the provision of a service:
C: the supply of goods:
b: a credit support facility that is in the form of a guarantee or indemnity given to a lender under section 125I(2)
i: any loan advanced by the lender to a claimant for the sole purpose of meeting the balance of the agreed repair costs of a dwellinghouse that are not otherwise covered by the financial contributions referred to in paragraph (a)
ii: any loan advanced by the lender to a claimant as a result of the restructuring or refinancing of the loan described in subparagraph (i) lender section 125J(1)(a) section 125J(1)(b) qualifying claimant
a: has an eligible claim in respect of a dwellinghouse; and
b: meets the contribution criteria that are specified by the chief executive by notice in the Gazette relevant territorial authority repair
a: means any repair to a dwellinghouse that is the subject of a contribution agreement that the parties to the agreement have agreed is directly necessary to—
i: rectify any damage to the dwellinghouse as a consequence of its penetration by water because of some aspect of its design, construction, or alteration, or of materials used in its construction or alteration; and
ii: make the dwellinghouse weathertight; and
b: includes demolishing the dwellinghouse and rebuilding or re-erecting it, if provided for under the contribution agreement territorial authority
2: In this Part, unless the context otherwise requires, approved chief executive civil proceedings claim claimant court of competent jurisdiction damages department dwellinghouse eligible claim leaky building Minister Applications for financial assistance measures
125C: Application for financial assistance measures
A qualifying claimant who wishes to obtain any financial assistance measures in relation to a dwellinghouse may apply to the chief executive in the approved manner.
125D: Deadline for application for financial assistance measures
An application under section 125C Assessments relating to applications for financial assistance measures
125E: Assessors may prepare concise assessor's report relating to application for financial assistance measures and provide other advice or recommendation
1: In addition to any functions, duties, or powers of an assessor under Part 1, an assessor may carry out either or both of the following functions if requested to do so by the chief executive:
a: prepare a concise assessor's report in relation to a dwellinghouse for which an application under section 125C
b: provide any other advice or recommendation in relation to the repair of the dwellinghouse concerned (including, for example, a reassessment of the damage to a dwellinghouse after the repair has commenced).
2: To avoid doubt, section 122 applies to an assessor in the performance of any of the functions under subsection (1)
3: A concise assessor's report
a: the work needed to make a dwellinghouse weathertight; and
b: the estimated cost of that work.
4: A concise assessor's report may (but is not required to) contain information about—
a: the nature and extent of the damage caused by water penetrating a dwellinghouse; and
b: what caused that damage. Restrictions on civil proceedings relating to financial assistance measures
125F: Protection from liability
1: No civil proceedings may be brought against the Crown, the department, the Treasury, or any of the persons specified in subsection (2)
2: The persons referred to in subsection (1)
a: a Minister of the Crown:
b: the chief executive:
c: the Secretary to the Treasury:
d: an employee, agent, or contractor of the Crown.
3: Subsection (1)
4: A person is not exempted from liability under subsection (1)
125G: Restriction on naming or joining contributing party or additional contributing party as defendant or third or subsequent party in certain civil proceedings, or otherwise seeking remedy or relief from them
1: Neither a claimant nor any other person may name, join, or seek to name or join the contributing party and, if applicable, any additional contributing party as a defendant or a third or subsequent party in any civil proceedings relating to a dwellinghouse if—
a: the dwellinghouse is or was the subject of a contribution agreement; and
b: the civil proceedings relate to the circumstances that gave rise to the need to repair the dwellinghouse in accordance with the contribution agreement.
2: Neither a claimant nor any other person may apply in any civil proceedings for any remedy or relief from the contributing party and, if applicable, any additional contributing party relating to a dwellinghouse if—
a: the dwellinghouse is or was the subject of a contribution agreement; and
b: the civil proceedings relate to the circumstances that gave rise to the need to repair the dwellinghouse in accordance with the contribution agreement.
3: A restriction under subsection (1) or (2)
4: A restriction under subsection (1) or (2)
a: the claimant receives the first payment from the additional contributing party under the contribution agreement, if the contribution from that additional contributing party under the agreement is in the form of a financial contribution:
b: the provision of a service by the additional contributing party under the contribution agreement is completed, if the contribution from that additional contributing party under the agreement is in the form of the provision of a service to the claimant:
c: the supply of goods by the additional contributing party under the contribution agreement is completed, if the contribution from that additional contributing party under the agreement is in the form of the supply of goods to the claimant.
5: If the contribution from an additional contributing party under a contribution agreement is a combination of the forms described in subsection (4) subsection (1) or (2) subsection (4)(a) to (c) Effect of contribution agreement on civil proceedings relating to dwellinghouse
125H: Effect of contribution agreement on civil proceedings relating to dwellinghouse
1: This section applies to civil proceedings that—
a: are not restricted under section 125G
b: relate to a dwellinghouse that is or was the subject of a contribution agreement.
2: In assessing damages in any civil proceedings to which this section applies, the court or tribunal must, to the extent that it is relevant, take into account any contributions made under the contribution agreement. Guarantees or indemnities may be given by Minister
125I: Minister may give guarantee or indemnity
1: The purpose of this section is to facilitate the provision of financial assistance measures that are in the form of a credit support facility to lenders.
2: For the purpose of this section, the Minister may, on behalf of the Crown, give a written guarantee or indemnity in respect of—
a: any loan advanced by a lender to a claimant if the sole purpose of the loan is to meet the balance of the agreed repair costs of a dwellinghouse that are not otherwise covered by the financial contributions provided to the claimant by the contributing party and, if applicable, any additional contributing party under a contribution agreement:
b: any loan advanced by a lender to a claimant as a result of the restructuring or refinancing of the loan described in paragraph (a)
3: The Minister must give the guarantee or indemnity on any terms and conditions specified by the Minister of Finance under section 125K
4: If the contingent liability of the Crown under the guarantees or indemnities given under subsection (2)
a: publish in the Gazette
b: present the statement to the House of Representatives.
5: The statement may contain any details about the guarantees or indemnities that the Minister considers appropriate.
125J: Minister of Finance may specify types of financial institutions and criteria
1: The Minister of Finance may, by notice, specify—
a: types of financial institutions in respect of which guarantees or indemnities may be given under section 125I(2)
b: criteria for financial institutions to satisfy before those guarantees or indemnities may be given.
2: Different criteria may be specified for different types of financial institutions.
3: The Minister of Finance—
a: must publish the notice in the Gazette
b: may withhold from the notice information that he or she considers to be commercially sensitive.
125K: Minister of Finance may specify terms and conditions of guarantees or indemnities
1: The Minister of Finance may specify the terms and conditions on which guarantees or indemnities may be given under section 125I(2)
a: the monetary limits of the guarantees or indemnities; and
b: the form and content of the guarantees or indemnities; and
c: the maximum limit of the Crown's contingent liability under the guarantees or indemnities; and
d: the period during which the guarantees or indemnities may be given.
2: If the Minister of Finance specifies the terms and conditions on which guarantees or indemnities may be given under section 125I(2) Gazette
3: The statement may contain any details about the terms and conditions that the Minister considers appropriate.
125L: Recovery of money paid under guarantee or indemnity
1: Any money paid by the Crown under a guarantee or indemnity given under section 125I(2)
2: A debt referred to in subsection (1)
a: is recoverable in any court of competent jurisdiction:
b: may be paid over any period of time and on any terms and conditions that the Minister of Finance thinks fit:
c: may be written down by the Minister of Finance (except that the debt must not be written down below its market value other than in accordance with an appropriation, or other authority, by or under an Act).
3: This section does not limit or affect any other rights that the Crown may have as guarantor or indemnifier.
125M: Payments in respect of guarantee or indemnity
Any money paid by the Crown under a guarantee or indemnity given under section 125I(2)
2: Consequential amendment to, and relationship with, Public Finance Act 1989
8: Consequential amendment to Public Finance Act 1989
1: This section amends the Public Finance Act 1989
2: The definition of public security section 65D(2) or the Crown Retail Deposit Guarantee Scheme Act 2009 , the Crown Retail Deposit Guarantee Scheme Act 2009, or section 125I 2011-07-23 Public Finance Act 1989
9: Act does not limit Public Finance Act 1989
Except as provided in section 8 Public Finance Act 1989


1: Title
This Act is the Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to give effect to certain provisions of the deed of on-account settlement of the Whanganui Iwi historical claims.
4: Interpretation
In this Act, unless the context otherwise requires,— business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the day observed as the anniversary of the province of Wellington Crown section 2(1) Crown forestry assets section 2(1) deed of on-account settlement Ngāti Apa agreement in principle Ngāti Apa (North Island) section 11 Ngāti Apa (North Island) Deed of Settlement northern part of the Whanganui Forest Pakaitore Trust trustees trustees’ interest in the Whanganui (Kaitoke) Prison unlicensed Crown forest land section 10 Whanganui Forest transfer date
a: 30 business days after the date on which the working party gives notice in accordance with clause 3.3.2 of the deed of on-account settlement that it elects that the trustees acquire the northern part of the Whanganui Forest; or
b: the actual deferred selection settlement date for the unlicensed Crown forest land under the Ngāti Apa (North Island) Deed of Settlement Whanganui (Kaitoke) Prison
a: Whanganui Prison in Part 4 of the Schedule of the deed of on-account settlement; and
b: Wanganui (Kaitoke) Prison in clause 3 Whanganui Iwi
a: means ngā uri o Te Awa Tupua o Whanganui; and
b: includes all descendants of the Tupuna Rohe o Whanganui working party Section 4 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 4 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
5: Meaning of Whanganui Iwi historical claims
In this Act, Whanganui Iwi historical claims
a: is, or is founded on, a right arising—
i: from the Treaty of Waitangi or its principles; or
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by, or on behalf of, the Crown; or
ii: by or under legislation; but
c: does not include claims relating to the Whanganui River.
6: Act binds the Crown
This Act binds the Crown.
2: Transfer of Whanganui (Kaitoke) Prison and northern part of Whanganui Forest and related matters
7: Northern part of Whanganui Forest ceases to be Crown forest land
On and from the Whanganui Forest transfer date, the northern part of the Whanganui Forest ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.
8: Application of Ngāti Apa (North Island) Claims Settlement Act 2010 to transfers
1: Subpart 1
2: Subpart 4
9: Certain enactments do not apply to transfer of northern part of Whanganui Forest
1: On and from the Whanganui Forest transfer date, nothing in the enactments listed in subsection (2)
a: to the northern part of the Whanganui Forest; or
b: for the benefit of Whanganui Iwi.
2: The enactments are—
a: sections 8A to 8HJ
b: Part 3
10: Termination of obligations
Sections 7 8(2) Access to deed of on-account settlement
11: Access to deed of on-account settlement
The chief executive of the Ministry of Justice must make copies of the deed of on-account settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any business day; and
b: free of charge on an Internet site maintained by, or on behalf of, the Ministry of Justice.