1: Title
This Act is the Appropriation (2013/14 Estimates) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 8 Schedule 3 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2014.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2014 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses for more than 1 financial year for certain specified matters by appropriating expenses for more than 1 financial year for those matters; and
c: specify appropriations to which output expenses may be charged against third-party revenue in accordance with section 21
d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
e: list appropriations that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— Estimates The Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2014 scope shown in the Estimates
a: for each multi-class output expense appropriation under section 6 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 6 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 8 Type, Title, Scope and Period of Appropriations this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 1
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
7: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 2
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses, is made for—
a: each of the categories of output expenses set out in column 3 of Schedule 3
b: each of the categories of other expenses set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: the amount specified in column 5 of Schedule 3
c: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 4
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 5
a: column 3 shows the most recently projected amount of net assets at the start of this year; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year.
11: Appropriations subject to section 32A of Public Finance Act 1989
The appropriations listed in Schedule 6
a: are appropriations for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A
12: Repeals
The Acts specified in Schedule 7 2013-08-13 Appropriation (2011/12 Financial Review) Act 2013 Appropriation (2012/13 Estimates) Act 2012 Appropriation (2012/13 Supplementary Estimates) Act 2013


1: Title
This Act is the Imprest Supply (Second for 2013/14) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Repeal of this Act
This Act is repealed on the close of 30 June 2014. 2014-07-01 Imprest Supply (Second for 2013/14) Act 2013
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2013/14 year in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2013/14 Estimates) Act 2013
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2013/14 year department section 2(1) expenses section 2(1)
a: expenses and capital expenditure incurred by an intelligence and security department; and
b: expenses and non-departmental capital expenditure incurred under a multi-category appropriation (within the meaning of clause 3 of Schedule 1
2: In this Act, unless the context otherwise requires, asset capital expenditure financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements responsible Minister Vote section 2(1)
6: Authority to incur expenses
1: Expenses may, during the 2013/14 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1)
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2013/14 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) during the 2013/14 year must not exceed in the aggregate the sum of $5,500 million.
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2013/14 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority to exceed net assets confirmed in Appropriation Act
1: In this section,— excess amount projected balance Schedule 5
2: The amount of net asset holding in a department or an Office of Parliament during the 2013/14 year may exceed the projected balance for that department or Office of Parliament.
3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 5
4: For the purposes of subsections (1) and (2)
a: any operating surplus retained as agreed between the Minister and the responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 5
b: any remeasurement of a department’s or an Office of Parliament’s reported net asset holding as set out in section 22(2) Schedule 5
5: Subsections (2) and (3) section 22(3)


1: Title
This Act is the Prohibition of Gang Insignia in Government Premises Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1: General provisions
3: Purpose
The purpose of this Act is to prohibit the display of gang insignia on premises of departments of the public service Section 3 amended 7 August 2020 section 135 Public Service Act 2020
4: Interpretation
In this Act, unless the context otherwise requires,— Crown entity section 7 department public service agency as defined in section 5 gang
a: that is known by a name that is the same as, or substantially similar to, any of the following:
i: Aotearoa Natives:
ii: Bandidos MC:
iii: Black Power:
iv: Devils Henchmen MC:
v: Epitaph Riders:
vi: Filthy Few MC:
vii: Forty-Five MC:
viii: Greasy Dogs MC:
ix: Head Hunters MC:
x: Hells Angels MC:
xi: Highway 61 MC:
xii: Hu-Hu MC:
xiii: Killerbeez:
xiv: King Cobras:
xv: Lone Legion MC:
xvi: Lost Breed MC:
xvii: Magogs MC:
xviii: Mongrel Mob:
xix: Mangu Kaha:
xx: Mothers MC:
xxi: Nomads:
xxii: Outcasts MC:
xxiii: Outlaws MC:
xxiv: Rebels MC:
xxv: Red Devils MC:
xxvi: Road Knights MC:
xxvii: Satans Slaves MC:
xxviii: Sinn Fein MC (not being a branch, or an associated organisation, of the political party known by a similar name):
xxix: Southern Vikings MC:
xxx: Storm Troopers:
xxxi: Taupiri MC:
xxxii: Tribal Huk:
xxxiii: Tribesmen MC:
xxxiv: Tyrants MC; or
b: identified in regulations made under section 5 gang insignia
a: means a sign, symbol, or representation commonly displayed to denote membership of, an affiliation with, or support for a gang, not being a tattoo; and
b: includes any item of clothing to which a sign, symbol, or representation referred to in paragraph (a) is attached Government premises
a: means the whole or part of any structure (including any associated grounds) that is owned by, or is under the control of,—
i: the Crown, acting through a department, the Police, or a Crown entity; or
ii: a local authority; and
b: includes the buildings and grounds of any school; and
c: includes the grounds of—
i: Health New Zealand; and
ii: any public swimming pool or aquatic centre that is owned by, or is under the control of, a local authority; but
d: excludes any residential dwelling that is owned by, or is under the control of, Kāinga Ora–Homes and Communities Health New Zealand section 4 integrated school section 10(1) local authority section 5(1) Police section 4 school
a: a State school:
b: an integrated school:
c: any other school in respect of which the Crown pays, or authorises the payment of, either or both—
i: grants:
ii: teachers' salaries:
d: a licensed early childhood education and care centre within the meaning of section 10(1)
e: a playgroup within the meaning of section 10(1) State school section 10(1) structure Section 4 department amended 7 August 2020 section 135 Public Service Act 2020 Section 4 district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Government premises replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Government premises amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 4 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 integrated school replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 State school amended 1 August 2020 section 668 Education and Training Act 2020
5: Regulations
1: The Governor-General may, on the recommendation of the Minister of Police, by Order in Council, make regulations for the purpose of identifying an organisation, association, or group of persons as a gang for the purposes of this Act.
2: The Minister of Police may not make a recommendation under subsection (1) unless he or she is satisfied on reasonable grounds that the organisation, association, or group proposed to be identified has the following characteristics:
a: a common name or common identifying signs, symbols, or representations; and
b: its members, associates, or supporters individually or collectively promote, encourage, or engage in criminal activity.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
Part 2: Offences and enforcement
6: Prohibition of display of gang insignia
1: No person may display gang insignia at any time in Government premises.
2: Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
3: Without limitation, and to avoid doubt, a Judge may apply section 128 2009 No 1 (L) s 12
7: Powers of arrest and seizure in relation to persons displaying gang insignia
1: A constable may, without warrant,—
a: arrest a person who the constable has good cause to suspect has committed an offence against section 6(2)
b: seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in Government premises.
2: Gang insignia seized under subsection (1)(b) are forfeited to the Crown if the person from whom the gang insignia is taken pleads guilty to, or is convicted of, an offence against section 6(2)
3: If gang insignia are forfeited to the Crown under subsection (2), the gang insignia may be destroyed or otherwise disposed of as the court, either at the time of the conviction for the offence under section 6(2) 2009 No 1 (L) s 13
8: Power to stop vehicle to exercise powers of arrest or seizure
1: A constable may stop a vehicle without a warrant to exercise either or both of the powers in section 7(1)
2: A constable who stops a vehicle under subsection (1) must—
a: be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or
b: be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.
3: A constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—
a: identify himself or herself to the driver of the vehicle; and
b: tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 7(1)
c: if not in uniform and if so required, produce evidence that he or she is a constable.
4: Without limiting section 7(1)
a: search the vehicle to locate a person referred to in subsection (1):
b: search the vehicle to locate gang insignia that the constable may seize under section 7(1)(b)
c: require any person in or on the vehicle to state his or her name, address, and date of birth, or any of those particulars that the constable may specify:
d: require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers—
i: in paragraphs (a), (b), and (c); and
ii: in section 7(1)
5: Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
a: fails to stop as soon as practicable when required to do so by a constable exercising the power conferred by this section; or
b: fails to comply with a requirement of a constable under subsection (4)(c) or (d). 2009 No 1 (L) s 14
9: Filing charging document for offence
Only a constable may file a charging document for an offence against this Act. 2009 No 1 (L) s 15


1: Title
This Act is the Government Communications Security Bureau Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 1 month after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Government Communications Security Bureau Act 2003 principal Act 2013-09-26 Government Communications Security Bureau Act 2003
4: Section 3 amended (Purpose)
Replace section 3(c) to (e)
c: specify the circumstances in which the Bureau requires an interception warrant or access authorisation to intercept communications:
d: specify the conditions that are necessary for the issue of an interception warrant or access authorisation and the matters that may be authorised by a warrant or an authorisation:
e: specify the circumstances in which the Bureau may use interception devices to intercept communications without a warrant or an authorisation.
5: Section 4 amended (Interpretation)
1: This section amends section 4
2: Repeal the definitions of computer access authorisation authorisation computer system foreign communications foreign intelligence network
3: Insert in their appropriate alphabetical order: access authorisation section 15A(1)(b) incidentally obtained intelligence
a: that is obtained in the course of gathering intelligence about the capabilities, intentions, or activities of foreign organisations or foreign persons; but
b: that is not intelligence of the kind referred to in paragraph (a) information infrastructure .
4: In the definition of access computer system information infrastructure
5: In the definition of communication sounds, information,
6: In the definition of foreign organisation exclusively principally
7: In the definition of interception warrant section 17 section 15A(1)(a)
6: New section 5A inserted (Transitional provisions relating to amendments to Act)
After section 5
5A: Transitional provisions relating to amendments to Act
The Schedule
7: Sections 7 and 8 replaced
Replace sections 7 8
7: Objective of Bureau
The objective of the Bureau, in performing its functions, is to contribute to—
a: the national security of New Zealand; and
b: the international relations and well-being of New Zealand; and
c: the economic well-being of New Zealand.
8: Functions of Bureau
1: Sections 8A to 8C
2: The order in which the functions are set out is not to be taken as specifying any order of importance or priority.
3: The performance of the Bureau's functions and the relative importance and priority of the functions, if any, are to be determined, from time to time, by the Director, subject to the control of the Minister.
4: Without limiting subsection (3) section 8A section 8C
5: In addition to the functions set out in sections 8A to 8C
8A: Information assurance and cybersecurity
This function of the Bureau is—
a: to co-operate with, and provide advice and assistance to, any public authority whether in New Zealand or overseas, or to any other entity authorised by the Minister, on any matters relating to the protection, security, and integrity of—
i: communications, including those that are processed, stored, or communicated in or through information infrastructures; and
ii: information infrastructures of importance to the Government of New Zealand; and
b: without limiting paragraph (a) paragraph (a)
c: to report on anything done under paragraphs (a) and (b)
i: the Minister; and
ii: any person or office holder (whether in New Zealand or overseas) authorised by the Minister to receive the report or intelligence.
8B: Intelligence gathering and analysis
1: This function of the Bureau is—
a: to gather and analyse intelligence (including from information infrastructures) in accordance with the Government's requirements about the capabilities, intentions, and activities of foreign persons and foreign organisations; and
b: to gather and analyse intelligence about information infrastructures; and
c: to provide any intelligence gathered and any analysis of the intelligence to—
i: the Minister; and
ii: any person or office holder (whether in New Zealand or overseas) authorised by the Minister to receive the intelligence.
2: For the purpose of performing its function under subsection (1)(a) and (b)
8C: Co-operation with other entities to facilitate their functions
1: This function of the Bureau is to co-operate with, and provide advice and assistance to, the following for the purpose of facilitating the performance of their functions:
a: the New Zealand Police; and
b: the New Zealand Defence Force; and
c: the New Zealand Security Intelligence Service.
2: To avoid doubt, the Bureau may perform its function under subsection (1)
a: only to the extent that the advice and assistance are provided for the purpose of activities that the entities may lawfully undertake; and
b: subject to and in accordance with any limitations, restrictions, and protections under which those entities perform their functions and exercise their powers; and
c: even though the advice and assistance might involve the exercise of powers by, or the sharing of the capabilities of, the Bureau that the Bureau is not, or could not be, authorised to exercise or share in the performance of its other functions.
3: Any advice or assistance provided by the Bureau under subsection (1)
a: the jurisdiction of any other body or authority to the same extent as the other entity's actions are subject to the other body's or authority's jurisdiction (for example, the Independent Police Conduct Authority in relation to advice and assistance provided to the New Zealand Police); and
b: the oversight of the Inspector-General of Intelligence and Security under his or her functions in section 11 of the Inspector-General of Intelligence and Security Act 1996.
8D: Principles underpinning performance of Bureau's functions
1: In performing its functions under this Act, the Bureau acts—
a: in accordance with New Zealand law and all human rights standards recognised by New Zealand law, except to the extent that they are, in relation to national security, modified by an enactment:
b: in the discharge of its operational functions, independently and impartially:
c: with integrity and professionalism:
d: in a manner that facilitates effective democratic oversight.
2: Subsection (1)
3: The Director must take all reasonable steps to ensure that—
a: the activities of the Bureau are limited to those that are relevant to the discharge of its functions:
b: the Bureau is kept free from any influence or consideration that is not relevant to its functions:
c: the Bureau does not take any action for the purpose of furthering or harming the interests of any political party in New Zealand.
4: The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to the Bureau's functions under sections 8A to 8C
8E: Director has full powers for purpose of performing Bureau's functions
1: The Director has all the powers that are necessary or desirable for the purpose of performing the functions of the Bureau.
2: Subsection (1)
8: Section 9 replaced (Director of Bureau)
Replace section 9
9: Appointment of Director
1: The Director of the Bureau is appointed by the Governor-General, on the recommendation of the Prime Minister, for a term not exceeding 5 years, and may from time to time be reappointed.
2: To avoid doubt, the mere fact that a person holds the position of Director does not entitle the person to be reappointed or to expect to be reappointed.
9A: Appointment process
The State Services Commissioner—
a: is responsible for managing the process for the appointment of the Director; and
b: must provide advice on the nominations for Director to the Prime Minister.
9B: Remuneration and conditions of appointment of Director
1: The Director is paid the remuneration and allowances determined by the Remuneration Authority.
2: The other terms and conditions of the Director's appointment are determined from time to time by the State Services Commissioner.
9C: Removal from office
1: The Governor-General may at any time for just cause, on the recommendation of the Prime Minister, remove the Director from office.
2: The removal must be made by written notice to the Director.
3: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and
b: state the reasons for the removal.
4: The State Services Commissioner is responsible for advising the Prime Minister on any proposal to remove the Director from office.
5: In this section, just cause
9D: Review of performance of Director
1: The Minister may direct the State Services Commissioner or another person to review, either generally or in respect of any particular matter, the performance of the Director.
2: The person conducting a review under subsection (1)
3: No review under this section may consider any security operations undertaken, or proposed to be undertaken.
9: Section 11 amended (Prohibition on unauthorised disclosure of information)
In section 11(2)
a: replace 2 years 3 years
b: replace $2,000 $5,000
10: Section 12 amended (Annual report)
1: In section 12(2) without delay as soon as practicable
2: After section 12(3)(b)
ba: if any interception warrants have been issued during the year to which the report relates, the number of warrants issued; and .
3: In section 12(3)(c) computer
4: After section 12(3)(c)
ca: if any access authorisations have been issued during the year to which the report relates, the number of authorisations issued; and
cb: a statement as to whether the Bureau has, under its function specified in section 8C(1) .
11: Part 3 heading replaced
Replace the Part 3
3: Intercepting communications and accessing information infrastructures
.
12: Section 13 replaced (Purpose of Part)
Replace section 13
13: Purpose of Part
The purpose of this Part is—
a: to authorise the Bureau to intercept communications and access information infrastructures for the purpose of performing its functions under sections 8A and 8B
b: to place restrictions and limitations on—
i: the interception of communications and the accessing of information infrastructures; and
ii: the retention and use of information derived from the interception of communications and the accessing of information infrastructures.
13: Section 14 replaced (Interceptions not to target domestic communications)
Replace section 14
14: Interceptions not to target New Zealand citizens or permanent residents for intelligence-gathering purposes
1: In performing the Bureau's function in section 8B
2: Any incidentally obtained intelligence obtained by the Bureau in the performance of its function in section 8B
a: is not obtained in breach of section 8B
b: must not be retained or disclosed except in accordance with sections 23 and 25
14: Section 15 amended (Interceptions for which warrant or authorisation required)
1: In section 15(1)(a) a network an information infrastructure
2: In section 15(2)
a: replace a computer access authorisation an access authorisation
b: replace a computer system an information infrastructure
15: New sections 15A to 15F and cross-heading inserted
After section 15 Authorisations to intercept communications or access information infrastructures
15A: Authorisation to intercept communications or access information infrastructures
1: For the purpose of performing the Bureau's functions under section 8A or 8B
a: an interception warrant authorising the use of interception devices to intercept communications not otherwise lawfully obtainable by the Bureau of the following kinds:
i: communications made or received by 1 or more persons or classes of persons specified in the authorisation or made or received in 1 or more places or classes of places specified in the authorisation:
ii: communications that are sent from, or are being sent to, an overseas country:
b: an access authorisation authorising the accessing of 1 or more specified information infrastructures or classes of information infrastructures that the Bureau cannot otherwise lawfully access.
2: The Minister may grant the proposed interception warrant or access authorisation if satisfied that—
a: the proposed interception or access is for the purpose of performing a function of the Bureau under section 8A or 8B
b: the outcome sought to be achieved under the proposed interception or access justifies the particular interception or access; and
c: the outcome is not likely to be achieved by other means; and
d: there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the warrant or authorisation beyond what is necessary for the proper performance of a function of the Bureau; and
e: there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the warrant or authorisation will be reasonable, having regard to the purposes for which they are carried out.
3: Before issuing a warrant or an authorisation, the Minister must consult the Minister of Foreign Affairs about the proposed warrant or authorisation.
4: The Minister may issue a warrant or an authorisation subject to any conditions that the Minister considers desirable in the public interest.
5: This section applies despite anything in any other Act.
15B: Involvement of Commissioner of Security Warrants
1: An application for, and issue of, an interception warrant or access authorisation under section 15A
a: section 8A
b: section 8B section 14
2: For the purposes of subsection (1) section 15A
a: as if references to the Minister were references to the Minister and the Commissioner of Security Warrants; and
b: with any other necessary modifications.
3: In this section, Commissioner of Security Warrants
15C: Privileged communications
1: No interception warrant or access authorisation is to be issued under section 15A section 15A
2: In subsection (1) privileged communications
15D: Information that interception warrant or access authorisation must contain
1: Every interception warrant and access authorisation must specify the following information:
a: the date of issue:
b: the person, persons, or classes of persons authorised to make the interception or obtain the access:
c: the period for which the warrant or authorisation is issued, being a period not exceeding 12 months:
d: the function or functions of the Bureau to which the warrant or authorisation relates:
e: the purpose of the warrant or authorisation:
f: any conditions under which interception may be made or access may be obtained.
2: Every interception warrant must also specify the following information:
a: if the purpose of the warrant is to authorise the interception of the communications of 1 or more persons, the person, persons, or classes of persons whose communications may be intercepted:
b: if the purpose of the warrant is to intercept communications at 1 or more places, the place, places, or classes of places that the warrant applies to.
3: Every access authorisation must also specify the information infrastructure, information infrastructures, or classes of information infrastructures that the authorisation applies to.
15E: Warrant or authorisation may authorise persons to assist person giving effect to warrant or authorisation
1: A warrant or an authorisation may request 1 or more persons or classes of persons to give any assistance that is reasonably necessary to give effect to the warrant or authorisation.
2: If a request is made, under subsection (1) employees
3: On an application made in writing by the Director, the Minister may amend a warrant or authorisation (as appropriate)—
a: by substituting a person, persons, or classes of persons for the person, persons, or classes of persons specified in the warrant under section 15D(2)(a)
b: by substituting another person, other persons, or other classes of persons for a person, persons, or classes of persons requested under subsection (1)
c: by adding any person, persons, or classes of persons to the persons requested under subsection (1)
15F: Expiry of warrant or authorisation not to prevent further application
The expiry of an interception warrant or of an authorisation does not prevent a further application for an interception warrant or an authorisation in respect of the same subject matter.
16: Section 16 amended (Certain interceptions permitted without interception warrant or computer access authorisation)
1: In the heading to section 16 computer
2: In section 16
1A: This section—
a: applies to the interception of communications for the purpose of the Bureau's functions in sections 8A and 8B
b: does not authorise anything to be done for the purpose of intercepting the private communications of a New Zealand citizen or permanent resident of New Zealand.
3: In section 16(1 foreign
4: Replace section 16(2
2: The Director, or an employee of the Bureau, or a person acting on behalf of the Bureau may, without an interception warrant, or, as the case requires, without an access authorisation, intercept communications by using an interception device or by accessing an information infrastructure, but only if—
a: the interception does not involve any activity specified in section 15(1); and
b: any access to an information infrastructure is limited to access to 1 or more communication links between computers or to remote terminals; and
c: the interception is carried out by the Director or with the authority of the Director for the purpose of performing the Bureau's function in section 8A or 8B
17: Section 17 and cross-heading repealed
Repeal section 17
18: Section 18 repealed (Persons acting under warrant)
Repeal section 18
19: Section 19 and cross-heading replaced
Replace section 19 Register of interception warrants and access authorisations
19: Register of interception warrants and access authorisations
1: The Director must keep a register of interception warrants and access authorisations issued under this Part.
2: The following information must be entered in the register in relation to every interception warrant and access authorisation issued under this Part:
a: the information specified in section 15D
b: whether the warrant or authorisation contains a request to give assistance under section 15E(1)
c: any person, persons, or classes of persons substituted or added under section 15E(3)
3: The Director must make the register available to the Minister or the Inspector-General of Intelligence and Security as and when requested by the Minister or the Inspector-General.
4: As soon as practicable after information specified in section 15D(2)(a) Urgent issue of warrants and authorisations
19A: Urgent issue of warrants and authorisations
1: This section applies if—
a: the Minister is unavailable to issue an interception warrant or access authorisation; and
b: circumstances make it necessary to issue a warrant or an authorisation before the Minister is available to do so.
2: Any of the following may issue a warrant or an authorisation:
a: the Attorney-General:
b: the Minister of Defence:
c: the Minister of Foreign Affairs.
3: A person issuing a warrant or an authorisation under subsection (2)
4: A person issuing a warrant or an authorisation under subsection (2)
20: Section 20 amended (Director’s functions in relation to warrants and authorisations not to be delegated)
In section 20 section 17 or section 19 section 15A
21: Section 21 replaced (Action taken in accordance with warrant or authorisation justified)
Replace section 21
21: Immunity from civil and criminal liability
1: Every person is immune from civil or criminal liability—
a: for any act done in good faith in order to obtain a warrant or an authorisation under this Act:
b: for anything done in good faith under a warrant or an authorisation under this Act or under section 16, if done in a reasonable manner.
2: Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to do anything authorised by a warrant or an authorisation under this Act or under section 16.
3: In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on the person to prove the facts necessary to establish the basis of the claim.
4: Section 86 of the State Sector Act 1988 applies to the Director and any employee of the Bureau subject to this section.
22: Section 22 repealed (Term of warrant or authorisation)
Repeal section 22
23: Section 23 amended (Destruction of irrelevant records obtained by interception)
1: In section 23(1) computer
2: In section 23(1) except to the extent permitted by section 25
3: In section 23(1)(a) section 7(1)(a) section 7
4: In section 23(1)(b) section 8 section 8A or 8B
24: Section 24 amended (Duty to minimise impact of interception on third parties)
In section 24 a computer an
25: Section 25 replaced (Prevention or detection of serious crime)
Replace section 25
25: When incidentally obtained intelligence may be retained and communicated to other persons
1: Despite section 23, the Director may—
a: retain incidentally obtained intelligence that comes into the possession of the Bureau for 1 or more of the purposes specified in subsection (2)
b: communicate that intelligence to the persons specified in subsection (3)
2: The purposes are—
a: preventing or detecting serious crime in New Zealand or any other country:
b: preventing or avoiding the loss of human life on the high seas:
c: preventing or responding to threats to human life in New Zealand or any other country:
d: identifying, preventing, or responding to threats or potential threats to the security or defence of New Zealand or any other country.
3: The persons are—
a: any employee of the New Zealand Police:
b: any member of the New Zealand Defence Force:
c: the Director of Security under the New Zealand Security Intelligence Service Act 1969:
d: any public authority (whether in New Zealand or overseas) that the Director thinks fit to receive the information.
26: New sections 25A and 25B and cross-heading inserted
After section 25 Protection and disclosure of personal information
25A: Formulation of policy on personal information
1: As soon as is reasonably practicable after the commencement of this section, the Director must, in consultation with the Inspector-General of Intelligence and Security and the Privacy Commissioner, formulate a policy that applies to the Bureau (in a manner compatible with the requirements of national security) the principles set out in section 25B
2: The policy must require—
a: all employees and persons acting on behalf of the Bureau to comply with the policy; and
b: the level of compliance with the policy to be regularly audited.
3: The Director must advise the Privacy Commissioner of the results of audits conducted under the policy.
4: The Privacy Commissioner may provide a report to the Inspector-General of Intelligence and Security if the results of the audits disclose issues that need to be addressed.
5: The Director must regularly review the policy at intervals of not more than 3 years and, if he or she considers it appropriate to do so, revise the policy in consultation with the Inspector-General of Intelligence and Security and the Privacy Commissioner.
25B: Principles to protect personal information
The principles referred to in section 25A(1)
a: the Bureau must not collect personal information unless—
i: the information is collected for a lawful purpose connected with a function of the Bureau; and
ii: the collection of the information is reasonably necessary for that purpose, having regard to the nature of intelligence gathering:
b: the Bureau must ensure—
i: that any personal information it holds is protected by such security safeguards as it is reasonable in the circumstances to take against—
A: loss; and
B: access, use, modification, or disclosure, except with the authority of the Bureau; and
C: other misuse; and
ii: that if it is necessary for any personal information that it holds to be given to a person in connection with the provision of a service to the Bureau, everything reasonably within the power of the Bureau is done to prevent unauthorised use or unauthorised disclosure of the information:
c: the Bureau must not use personal information without taking such steps (if any) as are, in the light of the interests and constraints of national security and the nature of intelligence gathering, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading:
d: the Bureau must not keep personal information longer than is required for the purposes for which the information may be lawfully used.
27: New Part 3A inserted
Before Part 4
3A: Transitional provisions relating to amendments to Act
25C: Transitional provisions relating to amendments to Act
The transitional provisions set out in the Schedule
28: Schedule inserted
Insert the Schedule set out in Schedule 1
29: Consequential amendments
The Acts listed in Schedule 2 2013-09-26 Radiocommunications Act 1989 Search and Surveillance Act 2012 Telecommunications (Interception Capability) Act 2004


1: Title
This Act is the Inspector-General of Intelligence and Security Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 1 month after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Inspector-General of Intelligence and Security Act 1996 principal Act 2013-09-26 Inspector-General of Intelligence and Security Act 1996
4: Section 2 amended (Interpretation)
In section 2(1) advisory panel section 15A Deputy Inspector-General section 5 Intelligence and Security Committee .
5: Section 5 and cross-heading replaced
Replace section 5 Inspector-General and Deputy Inspector-General of Intelligence and Security
5: Inspector-General and Deputy Inspector-General of Intelligence and Security
1: There must be—
a: an Inspector-General of Intelligence and Security; and
b: a Deputy Inspector-General of Intelligence and Security.
2: The Inspector-General and Deputy Inspector-General must be appointed by the Governor-General on the recommendation of the Prime Minister following consultation with the Intelligence and Security Committee.
3: The Deputy Inspector-General has and may exercise and perform the powers and functions of the Inspector-General (whether under this Act or any other enactment), but subject to—
a: the control and direction of the Inspector-General; and
b: to avoid doubt, the same duties, obligations, restrictions, and terms under which the Inspector-General exercises and performs his or her powers and functions.
4: Sections 7 to 9 and 18 apply to the Deputy Inspector-General as if references in those sections to the Inspector-General were references to the Deputy Inspector-General.
5: If there is a vacancy in the office of the Inspector-General, or if the Inspector-General is absent from duty for any reason, the Deputy Inspector-General has and may exercise and perform all the powers, functions, and duties of the Inspector-General for as long as the vacancy or absence continues.
6: The fact that the Deputy Inspector-General exercises or performs any power, function, or duty of the Inspector-General is, in the absence of proof to the contrary, conclusive evidence of the Deputy Inspector-General's authority to do so.
6: Section 6 amended (Term of office)
1: Replace section 6(1)
1: Every person appointed as the Inspector-General or Deputy Inspector-General—
a: is to be appointed for a term not exceeding 3 years; and
b: may be reappointed, but in the case of the Inspector-General only once.
2: In section 6(2) and (3) Inspector-General or Deputy Inspector-General
7: Section 11 amended (Functions of Inspector-General)
1: After section 11(1)(b)
ba: to inquire into any complaint made by the Speaker of the House of Representatives on behalf of 1 or more members of Parliament: .
2: Replace section 11(1)(c), (d), and (da)
c: to inquire at the request of the Minister or the Prime Minister or of the Inspector-General's own motion into any matter where it appears that a New Zealand person has been or may be adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:
ca: to inquire at the request of the Minister or the Prime Minister or of the Inspector-General's own motion into the propriety of particular activities of an intelligence and security agency:
d: without limiting paragraph (a), to review at intervals of not more than 12 months—
i: the effectiveness and appropriateness of the procedures adopted by each intelligence and security agency to ensure compliance with its governing legislation in relation to the issue and execution of warrants and authorisations; and
ii: the effectiveness and appropriateness of compliance systems concerning operational activity, including all supporting policies and practices of an intelligence and security agency relating to—
A: administration; and
B: information management; and
C: risk management; and
D: legal compliance generally:
da: to conduct unscheduled audits of the procedures and compliance systems described in paragraph (d) .
3: Repeal section 11(2)
4: In section 11(3) (1)(c)(ii) (1)(ca)
8: Section 12 amended (Consultation)
Replace section 12(2)
2: The Inspector-General may—
a: consult any of the persons specified in subsection (3)
b: despite section 26(1), disclose to any of the persons consulted any information that the Inspector-General considers necessary for the purpose of the consultation.
3: The persons are—
a: the Controller and Auditor-General:
b: an Ombudsman:
c: the Privacy Commissioner:
d: a Human Rights Commissioner:
e: the Independent Police Conduct Authority.
9: Section 15 amended (Jurisdiction of courts and other agencies not affected)
In section 15(3) or of the Privacy Commissioner , the Privacy Commissioner, a Human Rights Commissioner, or the Independent Police Conduct Authority
10: New sections 15A to 15F and cross-heading inserted
After section 15 Advisory panel
15A: Advisory panel established
This section establishes an advisory panel.
15B: Function of advisory panel
1: The function of the advisory panel is to provide advice to the Inspector-General.
2: The advisory panel may provide advice—
a: on request from the Inspector-General; or
b: on its own initiative.
3: To assist the advisory panel to perform its function,—
a: the advisory panel may ask the Inspector-General to provide information; and
b: the Inspector-General may provide information to the advisory panel, whether in response to a request under paragraph (a)
4: The advisory panel may make a report to the Prime Minister on any matter relating to intelligence and security, if the advisory panel considers that the matter should be drawn to the attention of the Prime Minister.
15C: Membership of advisory panel
1: The advisory panel consists of—
a: 2 members appointed under subsection (2)
b: the Inspector-General.
2: The members and chairperson appointed under this subsection are appointed by the Governor-General on the recommendation of the Prime Minister after consulting the Intelligence and Security Committee.
3: One of the members appointed under subsection (2)
4: Both of the members appointed under subsection (2)
5: A member appointed under subsection (2)
a: holds office for a term not exceeding 5 years; and
b: may from time to time be reappointed; and
c: may at any time resign office by notice in writing to the Prime Minister; and
d: may be removed from office by notice in writing from the Prime Minister for misconduct, inability to perform the functions of office, or neglect of duty.
15D: Remuneration of appointed members of advisory panel
1: A member of the advisory panel appointed under section 15C(1)(a)
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1) fees framework
15E: Clerical and secretarial services
1: The Department of the Prime Minister and Cabinet is responsible for providing to the advisory panel the clerical and secretarial services necessary for the advisory panel to perform its function effectively and efficiently.
2: A person providing clerical and secretarial services under subsection (1)
15F: Advisory panel to determine own procedure
The advisory panel may determine its own procedure.
11: Section 24 amended (Proceedings privileged)
Replace section 24(1)
1: Subject to subsection (2),—
a: no proceedings, civil or criminal, may be brought against the Inspector-General, an appointed member of the advisory panel, or against any employee of the Inspector-General, for anything done or reported or said by the Inspector-General, appointed member, or employee in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that the Inspector-General, appointed member, or employee acted in bad faith:
b: neither the Inspector-General nor an appointed member of the advisory panel nor any employee of the Inspector-General nor any person who has held the appointment of Inspector-General or who has been an appointed member of the advisory panel or who has been an employee of the Inspector-General is to be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Act.
12: Section 25 amended (Reports in relation to inquiries)
After section 25(5)
6: As soon as practicable after receiving a report from the Inspector-General, the Minister—
a: must provide his or her response to the Inspector-General and the chief executive of the intelligence and security agency concerned; and
b: may provide his or her response to the Intelligence and Security Committee.
7: Subsection (6)
8: For the purposes of this section,—
a: the Inspector-General may, after consulting the chief executive of the intelligence and security agency concerned, determine the security classification of a report prepared under this section; and
b: any matter quoted or summarised in the report must be given a security classification not less than the security classification of the matter quoted or summarised.
13: New section 25A inserted (Publication of Inspector-General's reports under section 25)
After section 25
25A: Publication of Inspector-General's reports under section 25
1: As soon as practicable after forwarding a report as required by section 25(1), the Inspector-General must make a copy of the report publicly available on an Internet site maintained by or on behalf of the Inspector-General.
2: However, the Inspector-General must not, in the copy of a report made publicly available under subsection (1)
a: information the public disclosure of which would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence—
i: by the government of any other country or any agency of such a government; or
ii: by any international organisation; or
b: information the public disclosure of which would be likely to endanger the safety of any person; or
c: the identity of any person who is or has been an officer, employee, or agent of an intelligence and security agency other than the chief executive, or any information from which the identity of such a person could reasonably be inferred; or
d: information the public disclosure of which would be likely to prejudice—
i: the continued discharge of the functions of an intelligence and security agency; or
ii: the security or defence of New Zealand or the international relations of the Government of New Zealand; or
e: any information about employment matters or security clearance issues.
14: Section 26 amended (Disclosure)
In section 26(1) Act, the Inspector-General and an appointed member of the advisory panel
15: Section 27 amended (Reports by Inspector-General)
1: After section 27(2)(b)
ba: certify the extent to which each intelligence and security agency's compliance systems are sound; and .
2: In section 27(3) lay a copy of the report before present a copy of the report to
3: In section 27(4) and (6) laid before presented to
4: After section 27(6)
6A: As soon as practicable after a copy of the report is presented to the House of Representatives under subsection (3), the Inspector-General must make a copy of the report (as presented to the House of Representatives) publicly available on an Internet site maintained by or on behalf of the Inspector-General.
16: Section 28 amended (Secrecy)
In section 28(1) been, the Inspector-General or an appointed member of the advisory panel


1: Title
This Act is the Intelligence and Security Committee Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 1 month after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Intelligence and Security Committee Act 1996 principal Act 2013-09-26 Intelligence and Security Committee Act 1996
4: Section 6 amended (Functions of Committee)
1: After section 6(1)(a)
ab: without limiting paragraph (a), to conduct an annual financial review of the performance of an intelligence and security agency in the previous financial year after the responsible Minister has submitted a copy of the agency's annual report to the Committee:
2: Replace section 6(1)(e)
e: subject to section 18,—
i: to present an annual report to the House of Representatives on the activities of the Committee; and
ii: to make an annual report publicly available on the Internet site of the New Zealand Parliament:
f: to consider and discuss with the Inspector-General of Intelligence and Security his or her annual report as presented to the House of Representatives under section 27(3) of the Inspector-General of Intelligence and Security Act 1996.
5: New section 7A inserted (Further provisions relating to chairperson and Leader of the Opposition)
After section 7
7A: Further provisions relating to chairperson and Leader of the Opposition
1: Subsection (2)
a: the Committee is, in the course of conducting a financial review of an intelligence and security agency, discussing any matter relating to the performance of the intelligence and security agency; and
b: the Prime Minister is the responsible Minister under the legislation governing the intelligence security agency.
2: If the Prime Minister is chairing the meeting of the Committee at which the matter is discussed,—
a: the Prime Minister must not act as chairperson of the Committee; and
b: another member of the Committee nominated by the Prime Minister, being one of the 2 members appointed under section 7(1)(c), must act as chairperson.
3: The chairperson of the Committee may appoint either of the following (if not already a member of the Committee) to be an alternate chairperson to act as chairperson at the discretion of the chairperson in the absence of the chairperson at a meeting of the Committee:
a: the Deputy Prime Minister:
b: the Attorney-General.
4: The Leader of the Opposition may appoint the person who acts as his or her deputy in the House of Representatives to act in place of the Leader of the Opposition in the absence of the Leader of the Opposition at a meeting of the Committee.
6: Section 12 amended (Conduct of proceedings)
After section 12(2)
2A: However, subsection (2) does not apply when the Committee is performing its function specified in section 6(1)(ab)
7: Section 13 amended (Meetings of Committee)
After section 13(6)
6A: Subsection (6) applies subject to section 7A
8: Section 18 amended (Restrictions on reports to House of Representatives)
In section 18(1) reporting presenting an annual report or other report
9: New sections 21 to 27 and cross-heading inserted
After section 20 Periodic reviews
21: Requirement to hold periodic reviews
A review of the intelligence and security agencies, the legislation governing them, and their oversight legislation must, in accordance with the terms of reference specified under section 22(3)(a)
a: commenced before 30 June 2015; and
b: afterwards, held at intervals not shorter than 5 years and not longer than 7 years.
22: Appointment of reviewers and related matters
1: A review under section 21 reviewers
2: The reviewers appointed under subsection (1)
3: The Attorney-General must also specify—
a: the terms of reference for the review, which may include any matter relevant to the functions, effectiveness, and efficiency of the intelligence and security agencies and their contribution to national security; and
b: any matters that he or she considers that the reviewers should take into account in determining how to conduct the review; and
c: the date by which the review is to be concluded.
4: Before doing anything under this section, the Attorney-General must consult the Committee.
5: The persons appointed as reviewers, the terms of reference of the review, any matters specified in relation to the conduct of the review, and the date by which the review must be concluded must be notified in the Gazette
23: Provision of information
To assist the reviewers to conduct their review,—
a: the reviewers may ask the chief executive of an intelligence and security agency and the Inspector-General of Intelligence and Security to provide information; and
b: the chief executive of an intelligence and security agency or the Inspector-General of Intelligence and Security may provide information to the reviewers, whether in response to a request under paragraph (a)
24: Report of reviewers
1: After completing a review, the reviewers must prepare a report containing the results of their review.
2: The report must be provided to the Committee by the date specified for the completion of the review.
3: After the Committee has considered the report, the Committee must present the report to the House of Representatives.
4: For the purposes of subsection (3)
25: Remuneration of reviewers
1: A reviewer is entitled—
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a reviewer.
2: For the purposes of subsection (1) fees framework
26: Provision of administrative and other support
1: The Ministry of Justice is responsible for providing to the reviewers the administrative, secretarial, and other support necessary for the reviewers to conduct their review effectively and efficiently.
2: A person providing administrative, secretarial, or other support under subsection (1)
27: Reviewers to determine own procedure
The reviewers may determine their own procedure subject to any matters specified under section 22(3)(b)


Inquiries Act 2013

1: Title
This Act is the Inquiries Act 2013.
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
1: The purpose of this Act is to reform and modernise the law relating to inquiries, by—
a: providing for the establishment of both public and government inquiries to inquire into matters of public importance; and
b: recognising and providing for Royal commissions established under the Royal prerogative; and
c: enabling those inquiries to be carried out effectively, efficiently, and fairly.
2: The Act therefore sets out, in relation to any inquiry to which this Act applies,—
a: how an inquiry is set up and its members are to be appointed; and
b: the powers, duties, and privileges of an inquiry and the immunities that apply to the inquiry and its members; and
c: the protection available for witnesses and counsel appearing before an inquiry; and
d: the principles governing the procedure of an inquiry, including those relating to evidential matters; and
e: provision for recourse to the court by, or in relation to, an inquiry; and
f: sanctions that may be applied by or on behalf of an inquiry.
3: The Act also makes provision for—
a: the repeal of sections 2 15
b: the continuing application of the remaining provisions of the Commissions of Inquiry Act 1908
4: Interpretation
In this Act, unless the context otherwise requires,— appointing Minister section 6(3) appropriate Minister core participant section 17 document section 4(1) establishment instrument
a: an Order in Council made under section 6(2)
b: a Gazette section 6(3) expert opinion government inquiry section 6(3) information inquiry section 6 member section 6 officer of an inquiry public inquiry
a: means an inquiry established under section 6(2)
b: includes a Royal commission relevant department
a: the Department of Internal Affairs; or
b: another department of State, if the other department is appointed, under the terms of reference for the inquiry, to be responsible for administrative matters relating to the inquiry.
5: Act binds the Crown
This Act binds the Crown.
2: Establishment and membership of inquiry
6: Types of inquiry
1: This Act applies to the following kinds of inquiry:
a: Royal commissions established under the authority of the Letters Patent constituting the office of the Governor-General, and this Act applies to Royal commissions as if they were public inquiries:
b: public inquiries, which are established in accordance with subsection (2):
c: government inquiries, which are established in accordance with subsection (3).
2: The Governor-General may, by Order in Council, establish a public inquiry for the purpose of inquiring into, and reporting on, any matter of public importance.
3: One or more Ministers may, by notice in the Gazette
4: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Establishment instrument to establish inquiry
1: The establishment instrument to establish an inquiry must—
a: specify the matter of public importance that is the subject of the inquiry; and
b: name the person or persons appointed to be members of the inquiry; and
c: if more than 1 person is appointed to the inquiry, name the person who is to be the chairperson of the inquiry; and
d: specify the date when the inquiry may begin considering evidence.
2: However, an inquiry must not begin considering evidence before the terms of reference are notified under subsection (3).
3: The terms of reference for an inquiry must be notified—
a: in the establishment instrument; or
b: by the appointing Minister or appropriate Minister, as the case may be, by notice in the Gazette
4: The terms of reference may set out any matters relevant to the inquiry, including matters such as—
a: any matters relevant to the scope and purpose of the inquiry; and
b: any administrative or procedural matters; and
c: a reporting date, provisional reporting date, or process for determining a reporting date.
5: The appointing Minister or appropriate Minister, as the case may be, may amend the terms of reference by notice in the Gazette
6: Before terms of reference may be notified under subsection (3) or amended under subsection (5), the appointing Minister or appropriate Minister, as relevant, may consult the person appointed to the inquiry or appointed to be the chairperson of the inquiry.
8: Removal from office
1: The Governor-General may, by Order in Council, remove any member of a public inquiry from office.
2: The appointing Minister may, by notice in the Gazette
3: A member of an inquiry may be removed under subsection (1) or (2), as the case may be, but only—
a: due to the misconduct of the member; or
b: if the member is unable to perform the functions of office; or
c: if the member has neglected his or her duty.
9: Vacancy in membership of inquiry
1: If 1 or more members of an inquiry are, for any reason, unable to continue in office, the appropriate Minister or appointing Minister, as the case may be, must consult with any remaining members of the inquiry as to how the inquiry should proceed.
2: After consultation has been undertaken, as required by subsection (1),—
a: the appropriate Minister or appointing Minister, as the case may be, may require the inquiry to continue to perform its functions, despite the vacancy in its membership; or
b: a person may be appointed to be a replacement member, in accordance with section 6
c: the inquiry may be terminated,—
i: in the case of a public inquiry, by the Governor-General by Order in Council; or
ii: in the case of a government inquiry, by the appointing Minister, by notice in the Gazette
3: The power under subsection (2)(a) or (b) must not be exercised if to do so would be contrary to the principles of natural justice.
4: An order under subsection (2)(c)(i) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Duties, powers, immunities, and privileges
Duties and powers of inquiry generally
10: Inquiry must act independently, impartially, and fairly
In exercising its powers and performing its duties under this Act, an inquiry and each of its members must act independently, impartially, and fairly.
11: Limits to scope of power of inquiry
1: An inquiry has no power to determine the civil, criminal, or disciplinary liability of any person.
2: Subsection (1) does not prevent an inquiry, in exercising its powers and performing its duties under this Act, from making—
a: findings of fault; or
b: recommendations that further steps be taken to determine liability. Reporting obligation
12: Reporting by inquiry
1: Every inquiry must, in accordance with any requirements of the terms of reference for the inquiry, prepare a final report and present it,—
a: in the case of a public inquiry, to the Governor-General; and
b: in the case of a government inquiry, to the appointing Minister.
2: The final report of an inquiry must set out—
a: the findings of the inquiry; and
b: any recommendations of the inquiry.
3: The final report of a public inquiry must be presented by the appropriate Minister to the House of Representatives as soon as practicable after the inquiry has reported under subsection (1). Counsel assisting
13: Counsel to assist inquiry
1: An inquiry may request the appointment of counsel to assist the inquiry, but before making a request, must consider and have regard to—
a: the purpose of this Act and, in particular, the purpose of the Act to enable an inquiry to be carried out effectively, efficiently, and fairly; and
b: the nature of the subject matter of the inquiry; and
c: the procedures most appropriate for carrying out the terms of reference.
2: The Solicitor-General must, if requested to do so, appoint counsel to assist an inquiry, but in doing so must—
a: have regard to the matters specified in subsection (1); and
b: consult the inquiry on—
i: the proposed appointee; and
ii: the terms and conditions to apply to the appointment. Powers and duties of inquiry relating to procedure
14: Regulation of inquiry procedure
1: An inquiry may conduct its inquiry as it considers appropriate, unless otherwise specified—
a: by this Act; or
b: in the terms of reference of the inquiry.
2: In making a decision as to the procedure or conduct of an inquiry, or in making a finding that is adverse to any person, an inquiry must—
a: comply with the principles of natural justice; and
b: have regard to the need to avoid unnecessary delay or cost in relation to public funds, witnesses, or other persons participating in the inquiry.
3: If an inquiry proposes to make a finding that is adverse to any person, the inquiry must, using whatever procedure it may determine, be satisfied that the person—
a: is aware of the matters on which the proposed finding is based; and
b: has had an opportunity, at any time during the course of the inquiry, to respond on those matters.
4: Without limiting subsections (1) to (3), an inquiry may determine matters such as—
a: whether to conduct interviews, and if so, who to interview:
b: whether to call witnesses, and if so, who to call:
c: whether to hold hearings in the course of its inquiry, and if so, when and where hearings are to be held:
d: whether to receive evidence or submissions from or on behalf of any person participating in the inquiry:
e: whether to receive oral or written evidence or submissions and the manner and form of the evidence or submissions:
f: whether to allow or restrict cross-examination of witnesses.
15: Power to impose restrictions on access to inquiry
1: An inquiry may, at any time, make orders to—
a: forbid publication of—
i: the whole or any part of any evidence or submissions presented to the inquiry:
ii: any report or account of the evidence or submissions:
iii: the name or other particulars likely to lead to the identification of a witness or other person participating in the inquiry (other than counsel):
iv: any rulings of the inquiry:
b: restrict public access to any part or aspect of the inquiry:
c: hold the inquiry, or any part of it, in private.
2: Before making an order under subsection (1), an inquiry must take into account the following criteria:
a: the benefits of observing the principle of open justice; and
b: the risk of prejudice to public confidence in the proceedings of the inquiry; and
c: the need for the inquiry to ascertain the facts properly; and
d: the extent to which public proceedings may prejudice the security, defence, or economic interests of New Zealand; and
e: the privacy interests of any individual; and
f: whether it would interfere with the administration of justice, including any person's right to a fair trial, if an order were not made under subsection (1); and
g: any other countervailing interests.
3: If the instrument that establishes an inquiry restricts any part or aspect of the inquiry from public access, the inquiry must make such orders under subsection (1) as are necessary to give effect to the restrictions.
16: Power to postpone or temporarily suspend inquiry
1: An inquiry may, after consultation with the appropriate Minister or appointing Minister, as the case may be, postpone or temporarily suspend the inquiry if—
a: another investigation is being, or is likely to be, carried out into matters relating to the inquiry; and
b: the inquiry is satisfied that to commence or continue the inquiry would be likely to prejudice—
i: the investigation referred to in paragraph (a)
ii: any person interested in that investigation.
2: The inquiry must commence or continue when it is satisfied that to do so would no longer prejudice the other investigation or any person interested in it. Persons participating in inquiry
17: Designation of core participants
1: At any time an inquiry may, by written notice, designate any person to be a core participant in the inquiry.
2: In determining whether to designate a person as a core participant, an inquiry must consider whether that person—
a: played, or may have played, a direct and significant role in relation to the matters to which the inquiry relates:
b: has a significant interest in a substantial aspect of the matters to which the inquiry relates:
c: may be subject to explicit or serious criticism during the inquiry or in the report.
3: Every person designated as a core participant has the right to give evidence and make submissions to the inquiry, subject to any directions of that inquiry as to the manner in which evidence is to be given and submissions made. Legal assistance
18: Recommendation as to legal assistance
1: An inquiry may, at any time, make a recommendation to the chief executive of the relevant department that funding be granted for the purpose of providing legal assistance to 1 or more specified persons—
a: who wish, or who are required, to appear before the inquiry; or
b: who have an interest in the inquiry.
2: In determining whether to make a recommendation under subsection (1), the inquiry must consider—
a: the likelihood of hardship to a person if legal assistance is declined; and
b: the nature and significance of the contribution that the person will, or is likely to, make to the inquiry; and
c: the extent to which legal assistance is, or is likely to be, required to enable the inquiry to fulfil its purpose; and
d: any other matters relating to the public interest.
3: If a recommendation is made under subsection (1), the chief executive may—
a: grant funding for the legal assistance recommended under that subsection; and
b: impose any conditions that he or she considers appropriate.
4: In this section, legal assistance
a: legal representation; or
b: legal advice or help (for example, help with drafting submissions to an inquiry); or
c: both. Evidential matters
19: Evidence
An inquiry may, for the purposes of its inquiry,—
a: receive any evidence that, in its opinion, may assist it to deal effectively with the subject of the inquiry, whether or not the evidence would be admissible in a court of law; and
b: take evidence on oath or affirmation, and for that purpose an oath or affirmation may be administered by any member of the inquiry; and
c: permit a witness to give evidence by any means, including by written or electronic means, and require the witness to verify the evidence by oath or affirmation.
20: Powers to obtain information
An inquiry may, as it thinks appropriate for the purposes of the inquiry,—
a: require any person to—
i: produce any documents or things in that person's possession or control or copies of those documents or things:
ii: allow copies or representations of those documents or things to be made:
iii: provide information to the inquiry, in a form approved by the inquiry:
iv: verify by statutory declaration any written information, copies of documents, or representations of things provided to the inquiry:
b: examine any document or thing that is produced by a witness:
c: examine any document or thing for which privilege or confidentiality is claimed, or refer the document or thing to an independent person or body, to determine whether—
i: the person claiming privilege or confidentiality has a justifiable reason in maintaining the privilege or confidentiality; or
ii: the document or thing should be disclosed.
21: Delegation
An inquiry may delegate in writing to an officer of the inquiry the powers of the inquiry under sections 19(b) 20(b)
22: Disclosure of evidence
1: An inquiry—
a: may, on its own initiative or on the application of another person, order any person to disclose to any person participating in the inquiry any specified document, information, or thing that the person has produced before the inquiry; but
b: must not make orders for general discovery.
2: An order given under subsection (1)(a) may impose appropriate terms and conditions in relation to—
a: any disclosure required under that subsection; and
b: the use that may be made of the information, documents, or things required to be disclosed.
23: Power to summon witnesses
1: An inquiry may issue a witness summons in writing to any person, requiring that person to attend and give evidence before the inquiry.
2: The witness summons must state—
a: the place where, and the date and time when, the person is to attend; and
b: the documents or things in that person's possession or control that he or she is required to produce to the inquiry; and
c: the person's entitlement to be paid costs and travelling expenses, in accordance with section 25
d: the penalty for failing to attend.
24: Service of summons to witnesses
1: Unless a witness has consented to service by another means, a summons must be served personally on that witness by delivering a sealed copy of the summons to the witness not later than 24 hours before the witness must attend the inquiry.
2: Despite subsection (1), an inquiry may direct substituted service in accordance with the High Court Rules 2016 Section 24(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
25: Expenses of witnesses and other participants
1: Persons summoned to attend an inquiry as witnesses are entitled to be paid for their reasonable costs and travelling expenses, at the level determined by the inquiry.
2: An inquiry may reimburse other persons who participate in an inquiry for their reasonable costs and travelling expenses at the level the inquiry determines.
3: The payment required by subsection (1) must be made, if the witness is summoned,—
a: by an inquiry on its own initiative, by that inquiry; or
b: by an inquiry on the application of any person participating in the inquiry, by that person, unless the inquiry itself agrees to do so. Immunities and privileges
26: Immunity of inquiry
1: This section applies to an inquiry, each member of the inquiry, and an officer of an inquiry acting under a delegation made under section 21
2: Neither an inquiry nor any person to whom this section applies—
a: is liable for anything done, reported, stated, or omitted in the exercise or intended exercise of the powers and performance or intended performance of the duties of the inquiry, unless the inquiry or person acted in bad faith; or
b: may be compelled to give evidence in court or in any proceedings of a judicial nature in relation to the inquiry, unless leave of the court is granted to bring proceedings relating to an allegation of bad faith against the inquiry or any person to whom this section applies.
27: Other immunities and privileges of participants
1: Witnesses and other persons participating in an inquiry (other than counsel) have the same immunities and privileges as if they were appearing in civil proceedings and the provisions of subpart 8
a: the inquiry were a civil proceeding; and
b: every reference to a Judge were a reference to an inquiry.
2: Counsel appearing before an inquiry have the same immunities and privileges as they would have if appearing before a court.
4: Sanctions and miscellaneous matters
1: Sanctions able to be imposed by or on behalf of inquiry
Orders for award of costs
28: Award of costs
1: An inquiry may, on its own initiative or on the application of any person, by order make an award of costs against any person participating in, or summoned to appear before, the inquiry if it is satisfied that the conduct of the person against whom the order is made has unduly lengthened or obstructed the inquiry or has added undue cost to the inquiry.
2: Subsection (1) applies whether or not an inquiry holds any hearings.
3: An inquiry may—
a: set the award of costs at any level it thinks reasonable, having regard to all the circumstances; and
b: require the costs to be paid, in whole or in part,—
i: to the inquiry; or
ii: to 1 or more persons who participated in the inquiry; or
iii: to the parties referred to in both subparagraphs (i) and (ii)
4: An order for an award of costs made under this section, if filed in the registry of any court of competent jurisdiction, becomes enforceable as a judgment of that court in its civil jurisdiction.
5: A person who is dissatisfied with an order made under subsection (1) may appeal the order to the High Court on a question of fact or law.
6: A decision of the High Court on appeal under this section is final. Offences and penalties
29: Offences
1: Every person commits an offence who intentionally—
a: fails to attend the inquiry in accordance with the notice of summons:
b: refuses to be sworn or to affirm and give evidence:
c: fails to produce any document or thing required by order of the inquiry:
d: destroys evidence or obstructs or hinders any person authorised to examine, copy, or make a representation of a document or thing required by order of an inquiry:
e: fails to comply with a procedural order or direction of an inquiry, including an order made under section 15(1)
f: disrupts the proceedings of an inquiry:
g: prevents a witness from giving evidence or threatens or seeks to influence a witness before an inquiry:
h: provides false or misleading information to an inquiry:
i: threatens or intimidates an inquiry, a member of an inquiry, or an officer of an inquiry.
2: However, a person does not commit an offence under subsection (1)(a) to (e) if—
a: compliance would be prevented by a privilege or immunity that the person would have as a witness or counsel, were that person giving evidence or acting as counsel in civil proceedings before a court; or
b: compliance is prevented by an enactment, rule of law, or order of a court prohibiting or restricting disclosure, or the manner of disclosure, of any document, information, or thing; or
c: compliance would be likely to prejudice the maintenance of the law, including the prevention, detection, investigation, prosecution, or punishment of offences, including the right to a fair trial.
30: Penalties
Every person who commits an offence against section 29(1) Contempt against inquiry
31: Application of Contempt of Court Act 2019
1: The Solicitor-General, on the Solicitor-General’s own initiative or at the request of an inquiry, may commence proceedings in the High Court—
a: under subpart 4
b: under the inherent jurisdiction of the High Court to punish any contempt of an inquiry or enforce its processes, as described in section 26(3)
2: In determining any proceedings commenced under subsection (1), the court may make any orders that it considers necessary and just to enable the inquiry to fulfil its purpose. Section 31 replaced 26 August 2020 section 29 Contempt of Court Act 2019
2: Miscellaneous matters
Official Information Act 1982 and Public Records Act 2005
32: Application of Official Information Act 1982
1: When an inquiry has reported in accordance with section 12 Official Information Act 1982
2: However, the following are not official information for the purposes of the Official Information Act 1982
a: any matter subject to an order under section 15(1)(a)
b: any documents that relate to the internal deliberations of the inquiry and are—
i: created by a member of an inquiry in the course of the inquiry; or
ii: provided to the inquiry by an officer of the inquiry.
33: Application of Public Records Act 2005
1: An inquiry is a public office for the purposes of the Public Records Act 2005
2: As soon as is reasonably practicable after an inquiry has reported under section 12,
a: the Chief Archivist must authorise the disposal of the public records of the inquiry under section 20
b: the relevant department must dispose of the public records of that inquiry in accordance with the authority issued by the Chief Archivist.
3: The Chief Archivist may accept the transfer of any things from an inquiry to the control of the Chief Archivist, even though that thing is not a public record.
4: In determining, for the purposes of Part 3 section 15(1)
5: In this section, public record section 4 Court proceedings
34: Reference of questions of law to High Court
1: An inquiry may, at any time, state a case to the High Court on any question of law arising in any matter before the inquiry.
2: If an inquiry exercises the power under subsection (1), it may either—
a: continue the inquiry, pending the decision of the High Court; or
b: adjourn the inquiry until that court has delivered its decision.
3: A question referred to the High Court under this section must be in the form of a case stated—
a: as consulted on and agreed by the core participants and the members of the inquiry; or
b: if there is no agreement or there are no core participants, as settled by the inquiry.
4: The decision of the High Court is final and binding on an inquiry and on all persons participating in the inquiry.
35: Inquiry to be cited in judicial review proceedings
In any application for judicial review of an inquiry under this Act, the inquiry, and not the chairperson or members of that inquiry, must be cited as the respondent. Review required
36: Review of continuing application of Commissions of Inquiry Act 1908
1: Not later than 5 years after the commencement of this Act, the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act must ensure that a review is commenced, in relation to the entities referred to in section 38(2)(b)
a: what powers each entity requires to carry out its functions and duties; and
b: what changes to the law are necessary to replace any powers an entity derives from the Commissions of Inquiry Act 1908
2: The purpose of the review required by this section is to consider whether the remaining provisions of the Commissions of Inquiry Act 1908 Repeal, transitional provisions, and consequential amendments
37: Commissions of Inquiry Act 1908
Sections 2 15 2013-08-27 Commissions of Inquiry Act 1908
38: Transitional provision
1: This Act does not apply to a Royal commission that has not completed its functions and obligations before the commencement of this Act.
2: The Commissions of Inquiry Act 1908
a: any commission of inquiry or Royal commission appointed under that Act that has not completed its functions and obligations before the commencement of this Act; and
b: any entity that is or may be established under an enactment that is, or that (with or without modification) corresponds to or replaces, Schedule 1 Commissions of Inquiry Act 1908 Section 38(2)(b) amended 26 November 2018 section 459 Social Security Act 2018
39: Consequential amendments to other Acts
The Acts specified in Schedule 2 2013-08-27 Commissions of Inquiry Act 1908 Copyright Act 1994 Coroners Act 2006 Health Practitioners Competence Assurance Act 2003 Maori Language Act 1987 New Zealand Public Health and Disability Act 2000 New Zealand Sign Language Act 2006 Official Information Act 1982 Privacy Act 1993 Transport Accident Investigation Commission Act 1990


1: Title
This Act is the Insurance (Prudential Supervision) Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Insurance (Prudential Supervision) Act 2010 principal Act 2013-09-04 Insurance (Prudential Supervision) Act 2010
4: Section 21 amended (Conditions of licence)
Replace section 21(2)(f)
f: a condition that requires the licensed insurer or the directors of the insurer (or both) to certify that 1 or more of the following have been complied with (being certification that is given at the time or times and in the manner specified in the condition):
i: any conditions of the licence:
ii: any requirements of this Act or the regulations:
iii: any requirements of any other enactment imposed on the insurer as a licensed insurer (for example, financial reporting obligations): .
5: Section 25 amended (Bank must notify applicant of decision and give notice on its Internet site)
1: In the heading to section 25 its Internet site register
2: Replace section 25(3)
3: The Bank must give notice of the issue of a licence on the register kept under section 54A
6: Section 30 amended (Cancellation of licence)
In section 30(2) subsection (1)(a)(i) to (vi) subsection (1)(a)(ii) to (vi)
7: New section 54A and cross-heading inserted
After section 54 Register
54A: Register
1: The Bank must keep a public register of licensed insurers.
2: The Bank must determine the form of the register and may amend the form as it considers necessary.
3: The register must include—
a: the name of each licensed insurer; and
b: the current financial strength rating of each licensed insurer (unless the insurer is not required to have such a rating); and
c: any other prescribed information.
4: The Bank must take all reasonable steps to ensure that the information contained in the public register is available to members of the public at all reasonable times. 1989 No 157 s 69 .
8: Section 58 repealed (Incorporation by reference)
Repeal section 58
9: Section 60 amended (Licensed insurer must have current financial strength rating)
1: Replace section 60(2)(c)
c: a captive insurer; or
d: an insurer that is exempted under subsection (2A)
2: After section 60(2)
2A: The Bank may, by notice to a licensed insurer, exempt the insurer from compliance with subsection (1) if the Bank is satisfied that the insurer has ceased to enter into new contracts of insurance as an insurer.
2B: Subsection (2A)
10: Section 64 amended (Disclosure of current rating to policyholder)
After section 64(4)
4A: If a contract of insurance is renewed, the licensed insurer is not required to comply with subsection (1) if—
a: the contract is of a kind that is renewable more frequently than annually; and
b: the information referred to in that subsection was disclosed in writing to the policyholder less than 12 months before the date of the renewal; and
c: that information has not changed since the last disclosure was made to the policyholder under this section.
11: Section 81 amended (Financial statements must be given to Bank)
1: In the heading to section 81 statements and interim financial information
2: Replace section 81(2) to (4)
2: A licensed insurer must, within 4 months after the end of the first half of each accounting period of the insurer,—
a: prepare interim financial information for that half-period that complies with subsection (3)
b: ensure that copies of that information together with a copy of the auditor's report on the information (if any) are given—
i: to the Bank; and
ii: for registration to the Registrar if this is required by the regulations.
3: The interim financial information must—
a: comply with—
i: generally accepted accounting practice; or
ii: requirements specified by the Bank in a written notice given to the insurer (for example, regulatory requirements that apply in the insurer's home jurisdiction); and
b: be audited if required by the regulations.
4: If subsection (3)(a)(i)
a: the insurer if the insurer, at the end of the half-period, has no subsidiaries; or
b: a group comprising the insurer and its subsidiaries in any other case.
4A: In this section, generally accepted accounting practice Registrar subsidiaries
12: New section 217A inserted (Time for filing charging document)
After section 217
217A: Time for filing charging document
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under this Act ends on the date that is 5 years after the date on which the offence was committed.
13: Section 232 amended (General provisions relating to declarations and exemptions)
After section 232(2)(b)
ba: section 60(2A) .
14: Section 237 amended (Regulations)
1: In section 237(1)(j) statements information
2: In section 237(1)(v) section 226 section 54A
15: New section 238A and cross-heading inserted
After section 238 Incorporation by reference
238A: Incorporation by reference
1: This section applies to the following instruments:
a: a declaration under section 9:
b: a fit and proper standard:
c: a solvency standard:
d: regulations.
2: The following written material may be incorporated by reference in an instrument referred to in subsection (1)
a: standards, requirements, or recommended practices of international or national organisations:
b: standards, requirements, or recommended practices prescribed in any country or jurisdiction:
c: any other written material that deals with technical matters and is too large or impractical to include in, or print as part of, the instrument.
3: Schedule 1 applies to any material incorporated by reference in an instrument referred to in subsection (1)
16: Section 246 amended (Duration of provisional licence)
1: After section 246(1)
1A: Subsection (1B)
a: the entity still holds a provisional licence immediately before the date (the 3-year date
b: 1 or more of the following apply to the entity:
i: the entity is, immediately before the 3-year date, subject to an insolvency proceeding or process:
ii: an application for a licence for the entity under section 17 was refused or declined at any time before the 3-year date:
iii: a direction under section 143 has, at any time before the 3-year date, been given to the entity requiring the entity to cease entering into any new contracts of insurance.
1B: Despite subsection (1), if this subsection applies to an entity, the provisional licence of the entity remains in force until it is cancelled under subsection (2).
2: Replace section 246(2)(b)
b: the Bank is satisfied that the holder has ceased to carry on insurance business in New Zealand; or
c: in the case of subsection (1B)
i: the holder is no longer subject to an insolvency proceeding or process; or
ii: the holder is a company that has been removed from the New Zealand register (within the meaning of the Companies Act 1993); or
iii: the holder is an overseas company that has been removed from the overseas register (within the meaning of the Companies Act 1993); or
iv: the holder has been liquidated, wound up, or dissolved or has otherwise ceased to exist; or
v: for any other reason, it is no longer appropriate for the provisional licence to remain in force.
3: After section 246(2)
3: Subsection (2)(c) (b)
4: In this section, an entity is subject to an insolvency proceeding or process
a: the entity is in liquidation under the Companies Act 1993 or under any other Act:
b: the entity is in voluntary administration or subject to a deed of company arrangement:
c: a receiver has been appointed and is acting in relation to the whole, or substantially the whole, of the assets and the undertaking of the entity:
d: the entity is subject to a compromise with its creditors that has been approved under Part 14 of the Companies Act 1993:
e: an order that an arrangement or a compromise is binding on the entity has been made under Part 15 of the Companies Act 1993:
f: the entity is in statutory management under this Act, the Corporations (Investigation and Management) Act 1989, or any other enactment:
g: in the case of an overseas person, the overseas person is subject to a proceeding or process in its home jurisdiction that is similar to any of those set out in paragraphs (a) to (f)
17: Schedule 1 amended
1: In the Schedule 1 s 58 s 238A
2: In Schedule 1, heading to clause 1 into solvency standards
3: In Schedule 1, clauses 1(1) and (2)(b) 2(1) and (2) 3(1)(a), (2), and (3) 4 5 6(1) and (3) 7 solvency standard specified instrument
4: In Schedule 1, clause 1(2)(a) solvency standard is issued specified instrument is issued or made
5: In Schedule 1, after clause 1(2)
3: In this schedule, specified instrument section 238A
6: In Schedule 1, clauses 3(2) 4 5 the standard the instrument


1: Title
This Act is the Reserve Bank of New Zealand Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
Sections 4 5 Reserve Bank of New Zealand Act 1989 principal Act 2013-09-04 Reserve Bank of New Zealand Act 1989
4: Section 69 amended (Register)
After section 69(2)
2A: The register must include—
a: the name of each registered bank; and
b: the current rating of each registered bank under section 80 (if any); and
c: any other prescribed information.
5: Section 173 amended (Regulations)
After section 173(f)
fa: prescribing information for the purposes of section 69(2A)(c) .