Te Ture Whenua Maori Amendment Act 2016

1: Title
This Act is Te Ture Whenua Maori Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends Te Ture Whenua Maori Act 1993 principal Act 2017-03-01 Te Ture Whenua Maori Act 1993
4: Section 4 amended (Interpretation)
In section 4 Chief Justice section 4(1) of the Senior Courts Act 2016 lawyer
5: Section 7 amended (Appointment of Judges)
1: Replace section 7(3)
3: A person may be appointed a Judge only if—
a: that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or
b: that person—
i: holds a degree in law granted or issued by any university within New Zealand; and
ii: has been admitted as a barrister and solicitor of the High Court; and
iii: has held a practising certificate in a jurisdiction specified by Order in Council—
A: for at least 7 years; or
B: for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7.
2: Replace section 7(6) and (7)
6: The Attorney-General must publish information explaining his or her process for—
a: seeking expressions of interest for the appointment of Judges of the court; and
b: nominating a person for appointment as a Judge of the court.
7: If the Attorney-General is not for the time being responsible for recommending the appointment of Judges of the court, he or she must publish information explaining the responsible Minister's process for doing the things referred to in subsection (6).
8: A Judge must not practise as a lawyer.
6: New sections 7AA and 7AB inserted
After section 7
7AA: Judge not to undertake other employment or hold other office
1: A Judge of the court must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Judge.
2: An approval under subsection (1) may be given only if the Chief Judge is satisfied that undertaking the employment or holding the office is consistent with the Judge's judicial office.
3: However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge.
7AB: Protocol relating to activities of Judges
1: The Chief Justice must develop and publish a protocol containing guidance on—
a: the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and
b: the offices, or types of offices, that he or she considers may be held consistent with being a Judge.
2: The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Judge.
7: Section 9 amended (Appointment of temporary Judges)
After section 9(8)
9: A superannuation subsidy must not be paid to a person who is appointed as a temporary Judge under this section.
10: Subsection (9) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.
8: Section 10 amended (Former Judges)
After section 10(3)
3A: A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under this section.
3B: Subsection (3A) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.
9: Section 90 replaced (Power to remove for contempt)
Replace section 90
90: Contempt of court
1: This section applies if any person—
a: wilfully insults a judicial officer, Registrar, officer of the court, or any witness, during his or her sitting or attendance in court, or in going to or returning from the court; or
b: wilfully interrupts the proceedings of a court or otherwise misbehaves in court; or
c: wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings.
2: If this section applies,—
a: any constable or officer of the court, with or without the assistance of any other person, may, by order of a Judge, take the person into custody and detain him or her until the rising of the court; and
b: the Judge may, if he or she thinks fit, sentence the person to—
i: imprisonment for a period not exceeding 3 months; or
ii: a fine not exceeding $1,000 for each offence.
3: Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply. 2011 No 81 s 365
10: New sections 98A to 98G inserted
After section 98
98A: Information regarding reserved judgments
The Chief Judge must, in consultation with the Chief Justice,—
a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and
b: periodically publish information about the number of judgments of the court that he or she considers are outstanding beyond a reasonable time for delivery; and
c: publish information about reserved judgments that he or she considers is useful.
98B: Recusal guidelines
The Chief Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
98C: Judge may make order restricting commencement or continuation of proceeding
1: A Judge may make an order restricting a person from commencing or continuing proceedings in the court.
2: The order may have—
a: a limited effect (a limited order
b: an extended effect (an extended order
3: A limited order restrains a party from commencing or continuing proceedings on a particular matter in the court.
4: An extended order restrains a party from commencing or continuing proceedings on a particular or related matter in the court.
5: Nothing in this section limits the court’s inherent power to control its own proceedings.
98D: Grounds for making section 98C order
1: A Judge may make a limited order under section 98C
2: A Judge may make an extended order under section 98C
3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application or appeal involving the party to be restrained, but is not limited to those considerations.
4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
5: For the purpose of this section and sections 98E and 98F
98E: Terms of section 98C order
1: An order made under section 98C
2: An order made under section 98C
98F: Procedure and appeals relating to section 98C orders
1: A party to any proceeding may apply for a limited order or an extended order.
2: A Judge may make an order under section 98C section 98C order
3: An application for leave to continue or commence a civil proceeding by a party subject to a section 98C
4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
5: A Judge’s determination of an application under subsection (3)
6: The party against whom a section 98C
7: The appellant in an appeal under subsection (6) or the applicant for the section 98C
8: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.
98G: References to Judge in sections 98C to 98F
The functions and powers of a Judge under sections 98C to 98F


1: Title
This Act is the Trans-Tasman Proceedings Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Trans-Tasman Proceedings Act 2010 principal Act 2017-03-01 Trans-Tasman Proceedings Act 2010
4: Section 3 amended (Purpose of, and guides to, this Act)
After section 3(6)
7: Part 3
5: Section 4 amended (Interpretation)
1: In section 4(1) In this Act In Parts 1 and 2
2: In section 4(1) procedural rules this Act or any regulations made under it Parts 1 and 2 or any regulations made under those Parts
3: In section 4(2)(a) this Act Parts 1 and 2
6: Section 6 repealed (Trans-Tasman market proceedings provisions not affected)
Repeal section 6
7: Section 53 amended (When registrable Australian judgments are enforceable in New Zealand)
In section 53(2)(a) section 56 of the Judicature Act 1908 section 172 of the Senior Courts Act 2016
8: New Part 3 inserted
After section 78
3: Special provisions applying to certain proceedings in High Court of New Zealand and Federal Court of Australia
79: Part not limited by Part 1 or 2
This Part is not limited or affected by Part 1 or 2.
80: Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
Nothing in the Courts (Remote Participation) Act 2010 applies to any remote appearance in accordance with this Part. 2010 No 108 s 36
81: Interpretation
In this Part, unless the context otherwise requires,— Australian proceeding
a: means a proceeding in which a matter for determination arises, whether or not any other matter arises for determination, under—
i: any of sections 46A, 155A, and 155B of the Competition and Consumer Act 2010 (Aust)
ii: a provision of Part VI or XII of the Competition and Consumer Act 2010 (Aust) sections 46A, 155A, and 155B of that Act
b: includes an interlocutory proceeding related to such a proceeding and an application for the issue, execution, or enforcement of a judgment, an order, or an injunction given, made, or granted in such a proceeding Federal Court New Zealand proceeding
a: means a proceeding in which a matter for determination arises, whether or not any other matter arises for determination, under—
i: any of sections 36A, 98H, and 99A of the Commerce Act 1986; or
ii: a provision of Part 6 or 7 of the Commerce Act 1986 in so far as the provision relates to any of sections 36A, 98H, and 99A of that Act; and
b: includes an interlocutory proceeding related to such a proceeding and an application for the issue, execution, or enforcement of a judgment, an order, or an injunction given, made, or granted in such a proceeding. 1908 No 89 s 56D
82: High Court may order New Zealand proceedings to be heard in Australia
1: The High Court may, if it is satisfied that a New Zealand proceeding could more conveniently or fairly be tried or heard by the High Court in Australia or that the evidence in a New Zealand proceeding could more conveniently be given in Australia, as the case may be, order that the proceeding be tried or heard in Australia, or that the evidence be taken in Australia, and may sit in Australia for that purpose.
2: The order must specify—
a: the place in Australia where the proceeding will be tried or heard or the evidence taken, as the case may be:
b: the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be:
c: any other matters relating to the trial or the hearing or the taking of the evidence, as the case may be, as the court thinks fit.
3: Without limiting the powers of the High Court in relation to the proceeding, the High Court may give judgment in, or make any determination for the purposes of, a New Zealand proceeding in Australia. 1908 No 89 s 56E
83: Australian counsel entitled to practise in High Court
A person who is entitled to practise as a barrister or solicitor, or both, in the Federal Court is entitled to practise as a barrister or solicitor, or both, in relation to—
a: a New Zealand proceeding before the High Court sitting in Australia:
b: the examination, cross-examination, or re-examination of a witness in Australia whose evidence is being taken by audio link or audiovisual link in a New Zealand proceeding before the High Court in New Zealand:
c: the making of submissions by audio link or audiovisual link to the High Court in New Zealand in a New Zealand proceeding. 1908 No 89 s 56F
84: High Court may set aside subpoena issued in New Zealand proceeding
1: On application, the High Court may set aside an order of subpoena issued by the High Court requiring the attendance of a person in Australia to give evidence or to produce documents to the High Court for the purposes of a New Zealand proceeding.
2: An application under subsection (1) ex parte
3: Without limiting the grounds on which the order of subpoena may be set aside, the High Court may set the order aside on any of the following grounds:
a: that the witness does not have, and cannot reasonably be expected to obtain, the necessary travel documents:
b: that the witness is liable to be detained for the purpose of serving a sentence:
c: that the witness is liable to prosecution for an offence:
d: that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary penalty under section 80 or 83 of the Commerce Act 1986:
e: that the evidence of the witness can be obtained without significantly greater expense by other means:
f: that compliance with the order of subpoena would cause hardship or serious inconvenience to the witness:
g: in the case of an order of subpoena that requires a witness to produce documents, whether or not it also requires the witness to give evidence, that the court is satisfied that the documents should not be taken out of Australia and that evidence of the contents of the documents can be given by other means.
4: Every application to set aside an order of subpoena under subsection (1)
5: The affidavit must—
a: be sworn by the applicant; and
b: set out the facts on which the applicant relies; and
c: be filed in the office of the court that issued the order of subpoena.
6: The Registrar of the court must ensure that a copy of the affidavit is served on the solicitor on the record for the party to the proceedings who obtained the order of subpoena, or, if there is no solicitor on the record, on that party. 1908 No 89 s 56G
85: Injunctions and orders in New Zealand proceedings
Despite any rule of law, the High Court may, in a New Zealand proceeding, make an order or grant an injunction that the court is empowered to make or grant that requires a person to do an act, or refrain from engaging in conduct, in Australia. 1908 No 89 s 56H
86: Issue of subpoenas in New Zealand proceedings
1: An order of subpoena may, with the leave of a Judge, be obtained in a New Zealand proceeding to require a person in Australia to give evidence, or to produce documents or things, or both, to the High Court at a sitting of that court in New Zealand or in Australia.
2: An order of subpoena, issued for the purposes of a New Zealand proceeding, that requires a witness in Australia to produce documents or things, but does not require the witness to give evidence, must permit the witness to comply with the order of subpoena by producing the documents or things to a specified registry of the Federal Court. 1908 No 89 s 56I
87: Powers of Federal Court of Australia
1: The Federal Court of Australia may exercise all the powers of that court—
a: at a sitting of that court in New Zealand held for the purposes of an Australian proceeding:
b: at a sitting of that court in Australia held for the purposes of an Australian proceeding at which the evidence of a witness in New Zealand is taken by audio link or audiovisual link or at which submissions are made in New Zealand by a barrister or solicitor, or both, or by a party to the proceedings by audio link or audiovisual link.
2: Without limiting subsection (1) Federal Court of Australia Act 1976 (Aust)
3: Without limiting subsection (1)
a: direct that the hearing or any part of the hearing be held in private:
b: require any person to leave the court:
c: prohibit or restrict the publication of evidence or the name of any party or any witness.
4: Nothing in subsection (1) or (2)
a: the power of the court to punish any person for contempt; or
b: the prosecution of any person for an offence committed as a witness; or
c: the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the court.
5: An order made under subsection (3) 1908 No 89 s 56J
88: Issue of subpoenas in Australian proceedings
1: An order of subpoena, issued by the Federal Court with the leave of a Judge of that court, requiring the attendance of a person in New Zealand to give evidence or to produce documents for the purposes of an Australian proceeding may be served on that person in New Zealand by leaving a sealed copy of the subpoena with that person personally, together with a statement setting out the rights and obligations of that person, including information as to the manner in which an application may be made to that court to have the subpoena set aside.
2: A person who has been served with an order of subpoena under subsection (1) 1908 No 89 s 56K
89: Failure of witness to comply with subpoena issued in Australian proceeding
1: The High Court may, on receiving a certificate under the seal of the Federal Court stating that a person named in the certificate has failed to comply with an order of subpoena requiring that person to attend as a witness for the purposes of an Australian proceeding, issue a warrant requiring any constable to arrest that person and bring that person before the court.
2: The High Court may, on the appearance of that person before the court, impose a fine not exceeding $1,000, unless the court is satisfied that the failure to comply with the order of subpoena, the onus of proof of which lies with that person, should be excused.
3: In determining whether the failure to comply with the order of subpoena should be excused, the High Court may have regard to—
a: any matters that were not brought to the attention of the Federal Court if the High Court is satisfied that—
i: the Federal Court would have been likely to have set aside the order of subpoena if those matters had been brought to the attention of that court; and
ii: the failure to bring those matters to the attention of the Federal Court was not because of any fault on the part of the person alleged to have failed to comply with the order of subpoena or was because of an omission by that person that should be excused; and
b: any matters to which the High Court would have regard if the order of subpoena had been issued by the High Court.
4: For the purposes of this section, but subject to subsection (3)
a: that the order of subpoena was issued by that court:
b: that the witness failed to comply with the order of subpoena:
c: the decision of that court, or any orders or findings of fact made by that court, in relation to any application made to that court to have the order of subpoena set aside.
5: Subject to subsection (3) 1908 No 89 s 56L
90: Federal Court of Australia may administer oaths in New Zealand
1: The Federal Court may administer an oath or affirmation in accordance with the practice and procedure of that court—
a: at any sitting of that court in New Zealand held for the purposes of an Australian proceeding; or
b: for the purposes of obtaining the evidence of a person in New Zealand by audio link or audiovisual link at a sitting of that court in Australia.
2: Evidence given by a person on oath or affirmation administered by the Federal Court under subsection (1) 1908 No 89 s 56M
91: Orders made by Federal Court of Australia not subject to review
No application for review under the Judicial Review Procedure Act 2016 1908 No 89 s 56N
92: Contempt of Federal Court of Australia
1: Every person commits an offence who, at any sitting of the Federal Court in New Zealand,—
a: assaults, threatens, intimidates, or wilfully insults—
i: a Judge of that court; or
ii: a Registrar or an officer of that court; or
iii: a person appearing as a barrister or solicitor, or both, before that court; or
iv: a witness in proceedings before that court; or
b: wilfully interrupts or obstructs the proceedings; or
c: wilfully and without lawful excuse disobeys any order or direction of the court in the course of the proceedings.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000. 1908 No 89 s 56O
93: Arrangements to facilitate sittings
1: The Chief Justice of New Zealand may make arrangements with the Chief Justice of the Federal Court for the purposes of giving effect to this Part.
2: Without limiting subsection (1)
a: to enable the High Court to sit in Australia in New Zealand proceedings in the courtrooms of the Federal Court or in other places in Australia:
b: to enable the Federal Court to sit in New Zealand in Australian proceedings in the courtrooms of the High Court or in other places in New Zealand:
c: to enable evidence to be given and submissions of counsel to be made in New Zealand proceedings or in Australian proceedings by audio link or audiovisual link:
d: for the provision of registry facilities and court staff for the purposes of a New Zealand proceeding or an Australian proceeding. 1908 No 89 s 56P
94: Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings
1: A Judge of the Federal Court sitting as a Judge of that court in New Zealand in an Australian proceeding has all the protections, privileges, and immunities of a Judge of the High Court.
2: A witness has all the privileges and immunities of a witness in the High Court when the witness gives evidence in an Australian proceeding—
a: at a sitting in New Zealand of the Federal Court; or
b: by audio link or audiovisual link at a sitting in Australia of the Federal Court.
3: A person has all the privileges and immunities of counsel in the High Court when appearing as a barrister or solicitor, or both, in an Australian proceeding—
a: at a sitting in New Zealand of the Federal Court; or
b: by audio link or audiovisual link at a sitting in Australia of the Federal Court.
4: A person has all the privileges and immunities of a party in the High Court when appearing as a party in an Australian proceeding—
a: at a sitting in New Zealand of the Federal Court; or
b: by audio link or audiovisual link at a sitting in Australia of the Federal Court. 1908 No 89 s 56Q
95: High Court may take evidence at request of Federal Court
1: The High Court may, at the request of the Federal Court, take evidence in New Zealand for the Federal Court for the purposes of an Australian proceeding and may, by order, make any provision it considers appropriate for the purpose of taking that evidence.
2: An order may require a specified person to take such steps as the High Court considers appropriate for taking the evidence.
3: Without limiting subsections (1) and (2)
a: the examination of witnesses, either orally or in writing; or
b: the production of documents or things; or
c: the inspection, photographing, preservation, custody, or detention of any property; or
d: the taking of samples of property and carrying out experiments on or with property.
4: The High Court may make an order requiring a person to give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the Federal Court requests it to do so.
5: A person who has been served with an order made under this section may not be compelled to comply with the order unless, at the time of service of the order or at some other reasonable time before the person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable the person to comply with the order are tendered or paid to the person.
6: A person may not be compelled to give evidence pursuant to an order under this section that he or she is not compelled to give in the Australian proceeding to which the request relates. 1908 No 89 s 56R
96: Power to make rules for purposes of this Part
1: Rules may be made under section 148 of the Senior Courts Act 2016
2: Without limiting subsection (1)
a: the giving of evidence and the making of submissions in New Zealand proceedings by audio link or audiovisual link:
b: receiving, for the purposes of subpart 8 of Part 3 of the Evidence Act 2006, facsimiles as evidence of documents or things:
c: the issuing of subpoenas for service in Australia for the purposes of New Zealand proceedings and the service of those subpoenas:
d: the payment to witnesses required to comply with orders of subpoena served in Australia for the purposes of New Zealand proceedings of amounts in respect of expenses and loss of income occasioned by compliance with those orders:
e: the lodging of documents or things with the Federal Court in compliance with orders of subpoena issued in New Zealand proceedings that require only the production of documents or things by witnesses:
f: the transmission to the Federal Court of documents (or certified copies of those documents) or things lodged with the High Court in Australian proceedings in compliance with orders of subpoena issued by the Federal Court:
g: the hearing of applications to set aside orders of subpoena under section 84
h: sittings of the High Court in Australia:
i: giving effect to arrangements made under section 93
j: the form of certification of judgments, orders, and injunctions in New Zealand proceedings:
k: the taking of evidence under section 95
l: any other matters as are contemplated by or necessary for giving effect to this Part. 1908 No 89 s 56S
97: Transitional provision for certain proceedings commenced before commencement of this Part
1: This section applies to any proceeding commenced, but not yet determined, under Part 1A of the Judicature Act 1908 before the commencement of this section.
2: If this section applies, the proceeding must be treated as if it had been commenced under this Part.
9: Consequential amendment to Evidence Act 2006
1: This section amends the Evidence Act 2006
2: In section 153 Part 1A of the Judicature Act 1908 Part 3 2017-03-01 Evidence Act 2006


Building (Pools) Amendment Act 2016

1: Title
This Act is the Building (Pools) Amendment Act 2016.
2: Commencement
This Act comes into force on 1 January 2017.
3: Principal Act
This Act amends the Building Act 2004 principal Act 2017-01-01 Building Act 2004
1: Amendments to Building Act 2004
4: Section 5 amended (Overview)
After section 5(2)(b)(iv)
v: provisions relating to residential pool safety:
5: Section 7 amended (Interpretation)
In section 7 abode place of abode
a: means any place used predominantly as a place of residence or abode, including any appurtenances belonging to or enjoyed with the place; and
b: includes—
i: a hotel, motel, inn, hostel, or boarding house:
ii: a convalescent home, nursing home, or hospice:
iii: a rest home or retirement village:
iv: a camping ground:
v: any similar place immediate pool area independently qualified pool inspector
a: accepted by the chief executive as qualified to carry out inspections to determine whether a pool has barriers that comply with the requirements of section 162C
b: whose acceptance has not been withdrawn pool
a: means—
i: any excavation or structure of a kind normally used for swimming, paddling, or bathing; or
ii: any product (other than an ordinary home bath) that is designed or modified to be used for swimming, wading, paddling, or bathing; but
b: does not include an artificial lake pool operator residential pool
a: in a place of abode; or
b: in or on land that also contains an abode; or
c: in or on land that is adjacent to other land that contains an abode if the pool is used in conjunction with that other land or abode small heated pool
a: has a water surface area of 5 m 2
b: is designed for therapeutic or recreational use
6: Section 8 amended (Building: what it means and includes)
Replace section 8(1)(b)(ii)
ii: any means of restricting or preventing access to a residential pool; and
7: Section 11 amended (Role of chief executive)
1: After section 11(f)
fa: accepts (and withdraws acceptance of) independently qualified pool inspectors for the purpose of section 162D
2: In section 11(m)(iii) ; and ; or
3: After section 11(m)(iii)
iv: to enforce duties or obligations under section 162E
8: Section 12 amended (Role of building consent authority and territorial authority)
After section 12(2)(j)
ja: enforces duties or obligations under section 162C
9: New section 67A inserted (Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools)
After section 67
67A: Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools
1: A territorial authority may grant a waiver or modification of section 162C(1) or (2)
2: In deciding whether to grant a waiver or modification under subsection (1), the territorial authority must have regard to all of the relevant circumstances (including the particular characteristics of the pool and the land on which it is situated). 1987 No 178 s 6
10: New subpart 7A of Part 2 inserted
After section 162
7A: Special provisions for residential pools
162A: Purpose
The purpose of this subpart is to prevent drowning of, and injury to, young children by restricting unsupervised access to residential pools by children under 5 years of age.
162B: Application of subpart
This subpart applies to pools with a maximum depth of water of 400 mm or more.
162C: Residential pools must have means of restricting access
1: Every residential pool that is filled or partly filled with water must have physical barriers that restrict access to the pool by unsupervised children under 5 years of age.
2: The means of restricting access referred to in subsection (1) must comply with the requirements of the building code—
a: that are in force; or
b: that were in force when the pool was constructed, erected, or installed (after 1 September 1987) and in respect of which a building consent, code compliance certificate, or certificate of acceptance was issued (in relation to the means of restricting access to the pool).
3: In the case of a small heated pool, the means of restricting access referred to in subsection (1) need only restrict access to the pool when the pool is not in use.
4: The following persons must ensure compliance with this section:
a: the owner of the pool:
b: the pool operator:
c: the owner of the land on which the pool is situated:
d: the occupier of the property in or on which the pool is situated:
e: if the pool is subject to a hire purchase agreement (as that term is defined in the Income Tax Act 2007), the purchaser of the pool:
f: if the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 but the pool is subject to a lease or is part of premises subject to a lease, the lessee of the pool or the premises. 1987 No 178 s 8
162D: Periodic inspections of residential pools
1: Every territorial authority must ensure that the following residential pools within its jurisdiction are inspected at least once every 3 years, within 6 months before or after the pool’s anniversary date, to determine whether the pool has barriers that comply with the requirements of section 162C
a: residential pools other than small heated pools:
b: small heated pools that have barriers that are not exempt, in terms of Schedule 1, from the requirement to have a building consent.
2: A territorial authority may accept a certificate of periodic inspection from an independently qualified pool inspector for the purpose of subsection (1) in lieu of carrying out an inspection under section 222.
3: If a territorial authority decides not to accept a certificate of periodic inspection from an independently qualified pool inspector under subsection (2), the territorial authority must, within 7 working days of making that decision, give notice to the chief executive of the decision and the reasons for the decision.
4: If an independently qualified pool inspector inspects a pool for the purpose of this section and decides that the pool does not have barriers that comply with the requirements of section 162C section 67A
5: In this section,— anniversary date
a: the date of issue of the code compliance certificate or the certificate of acceptance in respect of the pool; or
b: in the case of a pool that did not require a building consent,—
i: the date on which notice was given under section 7 of the Fencing of Swimming Pools Act 1987; or
ii: if subparagraph (i) does not apply, the date on which the existence of the pool came to the knowledge of the territorial authority certificate of periodic inspection
a: is issued by an independently qualified pool inspector; and
b: is in the prescribed form (if any); and
c: certifies that a pool has barriers that comply with the requirements of section 162C section 67A
162E: Manufacturers and retailers must supply notice
1: Every person who manufactures, sells, or offers for sale in New Zealand any new product that is designed to be used for swimming, wading, paddling, or bathing, other than an ordinary home bath, must ensure that there is supplied with the pool a notice approved by the chief executive setting out or summarising the responsibilities of owners, pool operators, and occupiers under section 162C(4)
2: The chief executive may, by notice in the Gazette
3: Every person who fails to comply with subsection (1) commits an offence.
4: An offence against subsection (3) is an infringement offence.
11: Section 163 amended (Definitions for this subpart)
In section 163 specified person specified person
a: the owner of a building:
b: if a notice to fix relates to building work being carried out,—
i: the person carrying out the building work; or
ii: if applicable, any other person supervising the building work:
c: if a notice to fix relates to a residential pool, a person referred to in section 162C(4)
12: Section 165 amended (Form and content of notice to fix)
After section 165(1)(f)
g: if it relates to a residential pool, it may direct that the pool be drained of water and be kept empty (until the requirements of section 162C
13: Section 168 amended (Offence not to comply with notice to fix)
1: Before section 168(1)
1AA: A person commits an offence who fails to comply with a notice to fix a means of restricting access to a residential pool.
1AB: A person who commits an offence against subsection (1AA) is liable on conviction to a fine not exceeding $5,000.
2: In section 168(1) a notice to fix any other notice to fix under this Act
3: In section 168(2) this section subsection (1)
14: Section 188 amended (Determination by chief executive)
1: After section 188(3)(a)
aa: waivers or modifications of section 162C(1) or (2)
2: After section 188(3)
3A: The chief executive must only grant a waiver or modification of section 162C(1) or (2)
15: Section 222 amended (Inspections by territorial authority)
1: After section 222(1)(a)(iii)
iv: any residential pool (or the immediate pool area); and
2: In section 222(1)(b) ; and
3: After section 222(1)(b)
c: to enter premises for the purpose of determining whether section 162C
4: In section 222(4) inspection
iia: section 162C
16: Section 402 amended (Regulations: general)
After section 402(1)(i) Acceptance of independently qualified pool inspectors:
ia: prescribing matters in respect of the acceptance and renewal of acceptance of independently qualified pool inspectors, including the fees or charges payable:
17: New sections 450A and 450B inserted
After section 450
450A: Transitional and savings provision for residential pools
1: Fencing of a residential pool in accordance with clauses 1 to 10 of the Schedule of the Fencing of Swimming Pools Act 1987 (as that schedule was in force immediately before 1 January 2017) is an acceptable solution for establishing compliance with the building code for the purpose of section 162C
2: Sections 22(2) and (3), 23, 24, and 25A apply to the acceptable solution in subsection (1) as if it had been issued by the chief executive under section 22(1) of this Act.
3: In this section and the Schedule of the Fencing of Swimming Pools Act 1987,— fence fencing
450B: Savings provision for existing residential pools
1: This section applies to a residential pool that was constructed, erected, or installed before 1 January 2017 (an existing pool
2: An existing pool is deemed to have barriers that comply with section 162C
a: complied with the Schedule of the Fencing of Swimming Pools Act 1987 (as that schedule was in force) immediately before 1 January 2017; and
b: continue to comply with those requirements subject to—
i: any exemption that was granted under section 6 or clause 11 of the Schedule of that Act and that was subsisting immediately before 1 January 2017; and
ii: the conditions of any such exemption.
3: Alternatively, an existing pool is deemed to comply with section 162C
a: the outside surface of the side walls of the pool is constructed so as to inhibit climbing; and
b: no part of the top of any side wall of the pool is less than 1.2 m above—
i: the adjacent ground level; and
ii: any permanent projection from the ground outside of the pool and within 1.2 m of the walls of the pool; and
iii: any object standing on the ground outside of the pool and within 1.2 m of the walls of the pool; and
c: any ladder or other means of access to the interior of the swimming pool—
i: can be readily removed or made inoperable; and
ii: is removed or made inoperable whenever the pool is not intended to be in use. 1987 No 178 s 5(a)
18: Schedule 1 amended
1: In the Schedule 1 s 42(1)(b) s 12
2: In Schedule 1, replace clause 21(2)
2: Subclause (1) does not include a fence or hoarding to restrict access to a residential pool.
3: In Schedule 1, after clause 21
21A: Means of restricting access to small heated pools
Installation of a safety cover as a means of restricting access to a small heated pool that is a residential pool.
4: In Schedule 1, heading to clause 23 (excluding swimming pools)
5: In Schedule 1, clause 23 (except a swimming pool as defined in section 2 of the Fencing of Swimming Pools Act 1987)
2: Final and miscellaneous provisions
19: Repeal of Fencing of Swimming Pools Act 1987
The Fencing of Swimming Pools Act 1987 2017-01-01 Fencing of Swimming Pools Act 1987
20: Consequential amendments to other enactments
Amend the enactments specified in the Schedule 2017-01-01 Fencing Act 1978 Building (Infringement Offences, Fees, and Forms) Regulations 2007 Building Regulations 1992


Education Legislation Act 2016

1: Title
This Act is the Education Legislation Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Education Act 1989
3: Principal Act
This Part amends the Education Act 1989 principal Act 2016-10-29 Education Act 1989
1: Amendments to Part 3 (enrolment and attendance of students)
4: Section 28 amended (Secretary may require parents of certain children to enrol them at correspondence school)
In section 28(1)(b) section 16(7)(c) section 16(1)(c)
5: Section 35 replaced (Fines to be paid to boards)
Replace section 35
35: Fines to be paid to board or sponsor (as applicable)
Every fine recovered under this Part must be paid to the board or sponsor (as applicable) on whose behalf the proceedings concerned were commenced.
2: Amendments to Part 7 (control and management of State schools)
6: Section 60 amended (Interpretation)
In section 60 half-day
7: Section 65 amended (Staff)
In section 65 section 120A section 349
8: Section 65B amended (Terms)
Replace section 65B(2) and (3)
2: Every board must ensure that each school it administers is open for instruction for 1 half-day that finishes at or before noon and 1 half-day that starts at or after noon on every day during the terms prescribed, ascertained, or determined under subsection (1).
3: However, a board may vary the time at which any 1 or more half-days take place (for example, by starting a second half-day before noon) if the board—
a: has adequately consulted parents, staff, the local community, and any other person who the board considers may be affected, about the proposed variation and it is generally acceptable; and
b: is satisfied that the adoption of the proposal will not result in the students of the school spending less time in school than other students in comparable schools and other local schools; and
c: has taken all reasonable steps to notify students and parents in writing of the board’s final decision on the proposed variation.
3A: A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subsection (3)(a) if—
a: the variation is made for operational reasons; and
b: the variation applies for no more than 2 days; and
c: the board has not made a variation under this subsection during the previous 6 weeks.
3B: A student enrolled at a State school must comply with section 25 even if the school’s board varies the time of any 1 or more half-days.
3C: On any day, a school is not open for instruction at all if it is open for less than 1 half-day.
3D: To avoid doubt, if a school opens on any day for only 1 half-day, that half-day may be counted towards the number of half-days prescribed by the Minister under section 65A(1).
9: Section 65D amended (Exceptions in particular cases)
Repeal section 65D(3) to (6)
10: New section 75A inserted (Appointment of principals)
After section 75
75A: Appointment of principals
1: The powers conferred on a board by section 65 include the power to appoint a principal.
2: Two or more boards may appoint 1 person to be the principal of 2 or more schools administered by the boards.
3: A combined board (as defined in section 92) may appoint 1 person to be the principal of 2 or more schools administered by the board.
11: Section 76 amended (Principals)
Replace the heading to section 76 Role of principal
12: Section 78A amended (Powers of entry and inspection)
In section 78A(1)(b) board , manager, or sponsor
3: Amendments to Part 8 (financial)
13: Section 79 amended (Grants for boards)
1: In the heading to section 79 boards or sponsors
2: In section 79(1) a board shall boards and sponsors must
3: In section 79(2) the board concerned administers administered by the board, or operated by the sponsor, concerned
4: In section 79(3) board or sponsor
14: Section 89 replaced (Payroll service)
Replace section 89
89: Payroll service
1: The Secretary must ensure that a payroll service is established and maintained to provide for the payment of employees of boards who are employed in the education service.
2: A board must use the payroll service unless the Secretary directs otherwise.
3: A board required by subsection (2) to use the payroll service must—
a: keep all records that are necessary to enable the board to use the service; and
b: provide those records to the Secretary on request.
4: Amendments to Part 8A (payment of teacher salaries)
15: Part 8A heading amended
In the Part 8A salaries salaries, limitations on staffing, and powers of Secretary to employ teachers and create positions
16: Section 91A amended (Interpretation)
1: In section 91A(1) employment-based trainee teacher employment-based trainee teaching position section 91O(1) initial teacher education programme
2: In section 91A(1) regular teacher relieving teacher or an employment-based trainee teacher
17: Section 91G amended (Relieving teachers)
1: Replace the heading to section 91G Payment of salaries of relieving teachers and employment-based trainee teachers
2: In section 91G(1) relieving teachers and employment-based trainee teachers
3: In section 91G(2) relieving teacher or an employment-based trainee teacher
4: In section 91G(3) a relieving teacher’s salary the salary of a relieving teacher or an employment-based trainee teacher
18: New cross-heading above section 91N inserted
After section 91M Powers of Secretary to employ teachers and create positions
19: New section 91O inserted (Employment-based trainee teaching positions)
After section 91N
91O: Employment-based trainee teaching positions
1: On receipt of a request from the board of a school, the Secretary may, by written notice to the board, establish an employment-based trainee teaching position for the school.
2: Despite any provision to the contrary in this Act or in the State Sector Act 1988, the board of a school for which an employment-based trainee teaching position has been established may appoint only an employment-based trainee teacher to the position.
5: Amendments to Part 9 (school boards)
20: Section 94 amended (Constitution of boards of State schools)
In section 94(1)(b) principals principal or principals
21: Section 116A repealed (Appointment of principal of combined board)
Repeal section 116A
6: Amendments to Part 11 (miscellaneous)
22: Section 139C amended (Offence of insulting, abusing, or intimidating staff)
In section 139C(1) staff of a school staff of a registered school
23: Section 144C amended (Regulations about school hostels)
In section 144C(1)(f) or boards, boards, or sponsors
7: Amendment to Part 12 (establishment of schools)
24: Section 158 amended (Provision by one board of tuition for students enrolled at school administered by another)
1: Replace section 158(1)
1: By agreement between the boards or sponsors concerned, students enrolled at a specified school may receive tuition at or from another specified school.
1A: Despite section 79, the board or sponsor of the specified school at which the students are enrolled may pay the board or sponsor of the specified school giving the tuition for that tuition.
2: After section 158(3)
3A: In subsections (1) and (1A), specified school
8: Amendments to Part 12A (partnership schools kura hourua)
25: Section 158A amended (Interpretation)
1: In section 158A body body—
a: means a body corporate, corporation sole, or limited partnership; and
b: includes an institution or a related entity (as defined in section 164A
2: In section 158A institution
26: Section 158C amended (Minister must appoint advisory group)
In section 158C(1) 1 or more members at least 5, but no more than 9, members
27: Section 158N amended (Enrolment in partnership schools kura hourua)
1: In section 158N(1)(b) any student any applicant
2: After section 158N(3)
3A: A student who is enrolled in a partnership school kura hourua whose sponsor is an institution is not, by reason only of the student’s enrolment in the partnership school kura hourua, also enrolled in the institution.
28: Section 158Y amended (Official Information Act 1982 not to apply to partnership schools kura hourua)
In section 158Y
2: However, if the sponsor is an institution, the Official Information Act 1982 applies unless the institution is performing its functions as a sponsor under this Act or a partnership school contract.
29: New sections 158Z and 158ZA inserted
After section 158Y
158Z: Application of State Sector Act 1988 to institutions sponsoring partnership schools kura hourua
The State Sector Act 1988 does not apply to an institution that is a sponsor if the institution is performing its functions as a sponsor under this Act or a partnership school contract.
158ZA: Application of Ombudsmen Act 1975 to institutions sponsoring partnership schools kura hourua
1: This section applies to an institution that is a sponsor if the institution is performing its functions as a sponsor under this Act or a partnership school contract.
2: For the purposes of the Ombudsmen Act 1975, the institution—
a: is a sponsor; and
b: is not an institution ( see
9: Amendment to Part 13A (Tertiary Education Commission)
30: Section 159M amended (Restrictions on design of funding mechanisms)
Replace section 159M(b)
b: specify conditions under section 159L(3)(d) that set limits on the fees that organisations may charge domestic students until—
i: the Minister has published a notice in the Gazette
A: states that the Minister proposes to specify conditions of that kind; and
B: sets out the proposed conditions; and
C: invites submissions on the proposed conditions; and
D: specifies the date by which submissions must be received, which must be a date no later than 21 days after the date of the Gazette
ii: the date by which submissions must be received has passed.
10: Amendments to Part 15 (administration of tertiary institutions)
31: New section 164A inserted (Interpretation)
After the Part 15
164A: Interpretation
In this Part, unless the context otherwise requires,— Crown entity group financial product related entity
32: Section 192 amended (Powers of institutions)
1: After section 192(1)(c)
ca: the power to invest in the financial products of a related entity; and
2: After section 192(2)(aa)
ab: in the case of an institution that is approved to be a sponsor of a partnership school kura hourua, functions characteristic of a body that is a sponsor (including entering into, and performing functions in relation to, a partnership school contract); or
33: Section 203 amended (Institutions are Crown entities)
Replace section 203(4)
4: Section 65I(1) and (2) of the Public Finance Act 1989—
a: applies, with all necessary modifications, to tertiary education institutions and, accordingly, every institution must invest in the same manner as the Treasury invests money under that section; but
b: does not apply in respect of any investment made by an institution in the financial products of a related entity.
34: Section 220 amended (Annual report)
1: Replace section 220(2) and (2AA)
2: A council must comply with sections 154 to 156B and 157A of the Crown Entities Act 2004 in respect of the report.
2AA: Despite subsection (2),—
a: the statement of responsibility referred to in section 155 of the Crown Entities Act 2004 is not required to be signed in accordance with that section, but must instead be signed by—
i: the chairperson of the council and the chief executive of the institution; or
ii: if there is no chairperson, the chief executive of the institution and the chief financial officer:
b: a council of an institution that is a parent Crown entity must comply with section 154 of the Crown Entities Act 2004 (even though the institution is a member of a Crown entity group to which section 156A(1) of that Act would otherwise apply).
2: After section 220(4)
5: In this section, parent Crown entity
35: New section 220A inserted (Minister may require related entities to prepare statements or reports)
After section 220
220A: Minister may require related entities to prepare statements or reports
1: If the Minister has reasonable grounds to believe that an institution may be at risk due to the institution’s investment in a related entity, the Minister may, by notice in writing, require the entity to prepare 1 or more statements or reports.
2: In considering whether an institution may be at risk, the Minister must apply the criteria (determined by the Secretary under section 195A) for assessing the level of risk to the operation and long-term viability of institutions.
3: Before issuing a notice under subsection (1), the Minister must consult the institution, or institutions, to which the entity is related.
4: The notice must specify—
a: which statements and reports are required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is required.
5: In this section, statement or report
11: Amendment to Part 20 (New Zealand Qualifications Authority)
36: Section 253 amended (Rules)
Replace section 253(7)
7: Rules made under this section are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
12: Amendments to Part 26 (early childhood education and care)
37: Section 309 amended (Interpretation)
In section 309 home-based education and care service home-based education and care service
a: means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are 5 years of age but not enrolled in school, in—
i: the children’s own home; or
ii: the home of the person providing the education or care; or
iii: any other home nominated by the parents of the children; and
b: includes the provision of education or care to any child of the person providing the service who is—
i: under the age of 5 years; or
ii: 5 years of age but not enrolled in school
38: New section 317A inserted (Requirements for licensed home-based education and care service)
After section 317
317A: Requirements for licensed home-based education and care service
1: A licensed home-based education and care service may be provided to 1 or more children, up to a total of 4 in any 1 home.
2: While children are participating in the service, the total number of children present in the home in which the service is provided (including those receiving the service) must not be more than 6.
3: In this section,— children educator
13: Repeal of Part 29 (Learning Media Limited)
39: Part 29 repealed
Repeal Part 29
14: Amendment to Part 30 (national student numbers)
40: Section 344 amended (Use of national student numbers)
After section 344(2)(e)
f: establishing and maintaining student identities to support students’ participation in online learning.
15: Amendment to Part 31 (teacher registration)
41: Section 348 amended (Interpretation)
In section 348 half-day
16: Amendments to Schedule 13A (application of Crown Entities Act 2004 to tertiary education institutions)
42: Schedule 13A amended
In Schedule 13A The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 13A of the Education Act 1989 and should be read with that table to provide understanding of the context. Section 155, as modified by the Education Act 1989, section 220(2AA)(a) Statement of responsibility for financial statements Section 156, as modified by the Education Act 1989, section 220(2B) Audit report Section 156A, as modified by the Education Act 1989, section 220(2AA)(b) Application of subpart 2 of Part 4 of the Crown Entities Act 2004 to Crown entity groups Section 156B Minister of Finance may require additional reporting Section 157A Other multi-parent subsidiaries
2: Amendments to other Acts
1: Amendments to New Zealand Council for Educational Research Act 1972
43: Principal Act
This subpart amends the New Zealand Council for Educational Research Act 1972 principal Act 2016-10-29 New Zealand Council for Educational Research Act 1972
44: Section 2 amended (Interpretation)
1: In section 2 electoral college
2: In section 2 fees framework
3: In section 2 financial year 31 March 30 June
45: Section 5 amended (Disqualification from membership of Council)
1: In section 5(b) his an
2: Replace section 5(c)
c: a person convicted of any offence punishable by imprisonment, unless the person has received a full pardon or has served the sentence or otherwise suffered the penalty imposed:
3: In section 5(d) officer or servant employee
46: Section 6 replaced (Constitution of Council)
Replace section 6
6: Constitution of Council
The Council consists of—
a: 1 member appointed by the Minister:
b: 5 elective members appointed by the Council on election in accordance with rules made under section 33(1)
c: 3 members appointed by the Council.
6A: Criteria for appointment to Council
1: When appointing a member under section 6(a)
a: appoint a person who, in the Minister’s opinion, has the appropriate knowledge, skills, and experience to assist the Council to perform its functions; and
b: take into account the collective knowledge, skills, and experience of all of the members that constitute the Council.
2: When appointing a member under section 6(c)
a: appoint a person who, in the Council’s opinion, has the appropriate knowledge, skills, and experience to assist the Council to perform its functions; and
b: take into account the collective knowledge, skills, and experience of all of the members that constitute the Council; and
c: take into account the desirability of achieving diversity in the membership of the Council.
47: Section 7 amended (Extraordinary vacancies on Council)
Replace section 7(1)(b)
b: resigns by signed notice of resignation given to the chairperson of the Council; or
48: Section 8 replaced (Term of office of members of Council)
Replace section 8
8: Term of office of members of Council
1: Unless otherwise provided by this Act, each member of the Council is appointed for a term of up to 4 years and may be reappointed.
2: Despite anything in this Act, each member of the Council continues to hold office (unless the member earlier vacates the office) until a successor comes into office.
49: Section 9 amended (Chairman, deputy chairman, and treasurer)
1: In the heading to section 9 Chairman, deputy chairman, Chairperson, deputy chairperson,
2: In section 9(1) shall appoint a chairman, a deputy chairman must appoint a chairperson, a deputy chairperson
3: In section 9(2) chairman, deputy chairman, or treasurer shall, while he continues to be a member of the Council, hold office until the appointment of his successor chairperson, deputy chairperson, or treasurer, while the person continues to be a member of the Council, holds office until the appointment of a successor
50: Section 10 amended (Meetings of Council)
1: In section 10(2) chairman chairperson
2: Repeal section 10(4)
3: Replace section 10(5), (6), and (7)
5: The chairperson must preside at all meetings of the Council at which he or she is present.
6: The deputy chairperson (if present) must preside at any meeting of the Council from which the chairperson is absent.
7: At any meeting from which both the chairperson and the deputy chairperson are absent, the members present must appoint one of their number to chair the meeting.
8: At any meeting of the Council, the chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.
51: Section 11 amended (Passing of resolutions by Council without a meeting)
1: In section 11(1) his duly appointed deputy, entitled to sign that resolution may by notice in writing to the chairman the member’s duly appointed deputy, entitled to sign that resolution may by notice in writing to the chairperson
2: In section 11(3) chairman chairperson
52: New section 12A inserted (Members of Council not personally liable)
After section 12
12A: Members of Council not personally liable
No member of the Council is personally liable for—
a: any act or omission by the Council; or
b: any loss to the Council arising out of any act or omission by the member if the act or omission was in good faith with the intention of performing the functions of the Council.
53: Section 14 amended (Powers of Council)
In section 14(b) him or them the person or persons
54: Section 15 amended (Power to appoint officers and servants)
1: In the heading to section 15 officers and servants employees
2: In section 15(1) officers and servants employees
3: In section 15(2) officers and servants employees
55: Section 16 amended (Power to insure members, officers, and servants)
1: In the heading to section 16 members, officers, and servants members and employees
2: In section 16(1) members, officers, and servants members and employees
3: In section 16(1) case of officers and servants case of employees
4: In section 16(2) his the person’s
56: Section 21 and cross-heading repealed
Repeal section 21
57: Section 26 replaced (Money to be paid into bank)
Replace section 26
26: Bank account
The Council must, as soon as practicable after it receives money belonging to the Council, pay the money into the account of the Council at a bank appointed by the Council.
58: Section 28 amended (Accounting records must be kept)
Repeal section 28(2) and (3)
59: Section 30 replaced (Remuneration and travelling expenses of members of the Council and of committees)
Replace section 30
30: Remuneration of members of Council
1: Every Council member and member of a committee appointed under section 14(e) is entitled to receive from the Council remuneration for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework.
2: A person holding any of the following offices is not entitled to any remuneration for services as a member of the Council or a member of a committee:
a: a Judge:
b: a member of Parliament:
c: an employee of the State services who is acting in the employee’s official capacity.
30A: Expenses of Council members and committee members
In addition to any remuneration received under section 30
60: Section 33 amended (Rules)
1: Replace section 33(1)
1: The Council must, as soon as practicable, by resolution, make rules prescribing the method of election of members of the Council.
1A: Rules made under subsection (1) must require the notification of elections.
1B: The Council may from time to time, by resolution, make rules that are reasonably necessary to enable the Council to perform its functions.
2: After section 33(2)
3: Rules made under this section are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
2: Amendments to Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945
61: Principal Act
This subpart amends the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945 principal Act 2016-10-29 Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945
62: Long Title amended
In the Long Title the Maoris Māori
63: Preamble amended
In the preamble
a: replace the Maoris Māori
b: delete in New Zealand
64: Section 2 amended (Interpretation)
1: In section 2 fees framework
2: In section 2 financial year 31 December 30 June
3: In section 2 Maori Māori
65: Section 3 amended (Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund established)
1: Replace section 3(2)
2: The Board must, as soon as practicable after it receives money belonging to the Fund, pay the money into an account of the Board (the Fund account
2: After section 3(3)
4: The Board may appoint a fund manager to administer the Fund on its behalf.
66: Section 4 replaced (Establishment of Board to administer Fund)
Replace section 4
4: Establishment of Board to administer Fund
1: The Ngārimu VC and 28th (Māori) Battalion Memorial Scholarship Fund Board is established for the purpose of administering the Fund.
2: The Board consists of—
a: the Minister, who is the chairperson of the Board:
b: the Minister for Māori Development:
c: the Secretary for Education:
d: the members of Parliament representing the Māori electoral districts:
e: up to 4 people (preferably people who have served in the Armed Forces) to be appointed by the Governor-General to represent each of the companies that make up the 28th (Māori) Battalion:
f: 1 Māori to be nominated by the descendants of Hamuera Ngārimu and Maraea Ngārimu and appointed by the Governor-General:
g: 1 Māori who has received assistance from the Fund to undertake tertiary education, and who has successfully completed that education, to be appointed by the Governor-General.
3: The Board—
a: is a body corporate, with perpetual succession and a common seal; and
b: is capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer.
4: Despite subsection (2), the Board consisting of those people specified in subsection (2) before the commencement of subpart 2 of Part 2 of the Education Legislation Act 2016
4A: People disqualified from Board membership
The following people are disqualified from being members of the Board:
a: a person who is an undischarged bankrupt:
b: a person who is prohibited under any enactment from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body:
c: a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:
d: a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person’s—
i: competence to manage the person’s own affairs in relation to the person’s property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of the person’s personal care and welfare:
e: a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person.
67: Section 5 amended (Term of office of members of Board)
Replace section 5(1) and (2)
1: The members of the Board to be appointed by the Governor-General must be appointed for a term not exceeding 3 years, and any such member may from time to time be reappointed.
2: Despite subsection (1), a member continues in office until the member’s successor comes into office, even if this means that the member’s term exceeds 3 years.
2A: Subsection (2) applies unless the member vacates the office earlier due to the member’s resignation, removal from office, or disqualification.
2B: A member may at any time resign from the Board by notice in writing to the Minister.
68: Section 6 amended (Meetings of Board)
1: Replace section 6(1) to (3)
1: A meeting of the Board may be held—
a: by a quorum of members, being assembled together at the time and place appointed for the meeting; or
b: by means of audio, audio and visual, or electronic communications, provided that—
i: all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and
ii: a quorum of members can simultaneously communicate with each other throughout the meeting.
2: The chairperson must preside over every meeting at which the chairperson is present.
2A: If the chairperson is absent from any meeting, the members present must appoint a present member to be the chairperson for that meeting.
3: The quorum necessary for any meeting is 5 members, of whom 3 must be members appointed by the Governor-General under section 4(2)(e) to (g)
2: In section 6(5) Chairman chairperson
69: Section 6A amended (Standing Committee)
1: In section 6A Chairman chairperson
2: Replace section 6A(3)
3: The chairperson must preside over every meeting of the Standing Committee at which the chairperson is present.
3A: If the chairperson is absent from any meeting of the Standing Committee, the members present must appoint a present member to be the chairperson for that meeting.
3: In section 6A(4) or the Deputy Chairman
4: Repeal section 6A(5)
5: Replace section 6A(6)
6: While a member of the Board acts in the place of the chairperson or any other member of the Standing Committee, the member of the Board is for all purposes a member of the Committee.
6A: The fact that a member of the Board attends any meeting of the Standing Committee is sufficient evidence of the member’s authority to do so.
70: Section 7 amended (Functions of Board)
1: In section 7(1) by way of scholarship, subsidy, special grant, or bursary
2: Replace section 7(2)
2: Without limiting subsection (1), the Board may apply money towards all or any of the following purposes:
a: the provision of tertiary education scholarships for Māori:
b: the provision of prizes for competitions relating to the overseas war service of Māori or to any other subject connected with Māori people:
c: the provision of grants for the education of primary and secondary school students:
d: the granting of leadership awards:
e: the promotion of Māori leaders who demonstrate the qualities of Second Lieutenant Te Moananui a Kiwa Ngārimu and the 28th (Māori) Battalion.
71: Section 9 amended (Annual grant to Board)
In section 9 he the Minister of Finance
72: Section 12 replaced (Travelling expenses of Board)
Replace section 12
12: Remuneration of members of Board
1: A member of the Board is entitled to receive from the Fund remuneration for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework.
2: The following office-holders are not entitled to any remuneration for services as a member of the Board:
a: a Judge:
b: a member of Parliament:
c: an employee of the State services who is acting in the employee’s official capacity.
12A: Expenses of members of Board
In addition to any remuneration received under section 12
12B: Conflicts of interest
1: A person is interested in a matter
a: may derive a financial benefit from the matter; or
b: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
c: may have a financial interest in a person to whom the matter relates; or
d: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
e: is otherwise directly or indirectly interested in the matter.
2: A member who is interested in a matter relating to the Board must disclose to the Board details of the interest as soon as practicable after the member becomes aware that the member is interested.
3: The details that must be disclosed are—
a: the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or
b: the nature and extent of the interest (if the monetary value cannot be quantified).
4: A member who is interested in a matter—
a: must not vote or take part in any discussion or decision of the Board or Standing Committee relating to the matter, or otherwise participate in any activity of the Board or Standing Committee that relates to the matter; and
b: must not sign any document relating to the entry into a transaction or the initiation of the matter.
5: In this section, matter
a: the Board’s, or the Standing Committee’s, performance of its functions or exercise of its powers; or
b: an arrangement, agreement, or contract made or entered into, or proposed to be entered into, by the Board or the Standing Committee.
73: Section 13 replaced (Members of Board not personally liable)
Replace section 13
13: Members of Board not personally liable
No member of the Board is personally liable for—
a: an act done or omitted to be done by the Board or the Standing Committee; or
b: any loss to the Fund arising out of any act done or omitted to be done by the member, if the act or omission was (so far as the member’s involvement is concerned) in good faith and in pursuance or intended pursuance of the functions of the Board or the Standing Committee.
74: New section 13A inserted (Removal of Board members)
After section 13
13A: Removal of Board members
1: The Governor-General may, at any time for just cause, on the advice of the Minister given after consultation with the Attorney-General, remove a member of the Board appointed under section 4(2)(e), (f), or (g)
2: The removal must be made by written notice to the member (with a copy to the Board).
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 Minister must notify the removal in the Gazette
3: Amendments to Pacific Islands Polynesian Education Foundation Act 1972
75: Principal Act
This subpart amends the Pacific Islands Polynesian Education Foundation Act 1972 principal Act 2016-10-29 Pacific Islands Polynesian Education Foundation Act 1972
76: Name of principal Act changed
From the commencement of this section,—
a: the Pacific Islands Polynesian Education Foundation Act 1972
b: every reference in any enactment and in any document to the Pacific Islands Polynesian Education Foundation Act 1972
77: Section 1 replaced (Short Title)
Replace section 1
1: Title
This Act is the Pacific Education Foundation Act 1972.
78: Section 2 replaced (Interpretation)
Replace section 2
2: Interpretation
In this Act, unless the context otherwise requires,— Board contributor education fees framework financial statements financial year Foundation section 4(1) generally accepted accounting practice Minister Pacific person
a: a person living in New Zealand who is both—
i: a native of the Cook Islands, Fiji, Kiribati, Niue, Samoa, Tokelau, Tonga, or Tuvalu; and
ii: a New Zealand citizen or a person who has been granted permanent residence or who has been permitted to enter New Zealand with the intention of permanent residence; and
b: a descendant of a person described in paragraph (a) Public Service
79: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
80: Section 3 repealed (Administration of Act)
Repeal section 3
81: Section 4 amended (Foundation established)
Replace section 4(1)
1: The Pacific Islands Polynesian Education Foundation is continued with the name Pacific Education Foundation.
82: Section 5 amended (Purpose of Foundation)
In section 5 Polynesians Pacific people
83: Section 6 amended (Contributors)
1: In section 6(1)(a) $1 $10
2: In section 6(2) $40 $500
84: Section 7 amended (Meetings of contributors)
1: Repeal section 7(2)
2: In section 7(3) chairman chairperson
3: In section 7(4) he the person
85: Section 8 replaced (Constitution of Board)
Replace section 8
8: Constitution of Board
1: The Board of the Pacific Islands Polynesian Education Foundation is continued as the Board of the Pacific Education Foundation.
2: The Board consists of the following members:
a: the Secretary for Education:
b: the chief executive of the Ministry for Pacific Peoples:
c: the manager at the Ministry of Education who has responsibility for the education of Pacific peoples:
d: 5 other members, to be appointed jointly by the Minister and the Minister for Pacific Peoples after consultation with those Pacific communities that the Ministers consider it appropriate to consult.
3: If a member who is an employee of the Public Service is absent from any meeting, the member may authorise another employee to attend the meeting in the member’s place (and the employee is, for the purposes of the meeting, a member of the Board).
4: If a member appointed under subsection (2)(d) is absent from any meeting, the member may authorise any other person to attend the meeting in the member’s place (and the person is, for the purposes of the meeting, a member of the Board).
5: A member appointed under subsection (2)(d)—
a: must be appointed for a 3-year term; and
b: is eligible for reappointment at the expiry of the 3-year term; and
c: may at any time be removed from the Board by the Minister for inability to perform the duties of a Board member, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister; and
d: may at any time resign from the Board by notice in writing to the Minister.
6: If a member appointed under subsection (2)(d) ( member A
a: the vacancy created must be filled in the manner in which member A was appointed; and
b: the member who fills the vacancy must be appointed for the remainder of the term for which member A was appointed.
7: Unless subsection (6) applies, a member appointed under subsection (2)(d) must continue in office until the member’s successor comes into office (even if the member’s term of appointment has expired).
8: The powers of the Board are not affected by any vacancy in the Board’s membership.
86: New section 8A inserted (Board to elect chairperson and deputy chairperson)
After section 8
8A: Board to elect chairperson and deputy chairperson
Every year, at a meeting of the Board, the members of the Board must elect—
a: 1 member to be chairperson of the Board; and
b: 1 member to be deputy chairperson of the Board.
87: Section 9 amended (Chairman at meetings of the Board and contributors)
1: In the heading to section 9 Chairman Chairperson
2: In section 9
a: replace chairman chairperson
b: replace trustee member
3: In section 9(1) he the chairperson
4: In section 9(4) trustees members
88: Section 10 amended (Meetings of Board)
1: In section 10
a: replace chairman chairperson
b: replace trustees members
2: In section 10(3) at any time when he if either person
3: In section 10(5) chairman shall in addition to his deliberative vote also have a casting vote chairperson has both a deliberative vote and a casting vote
4: Repeal section 10(6) and (7)
89: Section 11 replaced (Fees and travelling allowances)
Replace section 11
11: Remuneration of members of Board and Special Committees
1: Board members and members of a Special Committee are entitled to receive from the Board remuneration for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework.
2: The following office-holders are not entitled to any remuneration for services as a Board member or a member of a Special Committee:
a: a Judge:
b: a member of Parliament:
c: any employee of the State services who is acting in the employee’s official capacity.
11A: Expenses of members of Board and Special Committees
In addition to any remuneration received under section 11
90: Section 12 amended (Executive Committee, Special Committees, and delegation of powers)
1: In section 12 trustee Board member
2: In section 12(1) , by resolution,
3: In section 12(1)(a) trustees Board members
4: In section 12(2) he the person
5: Replace section 12(7)
7: A delegation under this section continues in force until it is revoked, regardless of any change in the membership of the Board or of any committee.
91: Section 13 amended (Common seal)
In section 13 trustees Board members
92: Section 14 amended (Contracts)
In section 14(2) trustee Board member
93: Section 15 amended (Appointment of officers and collectors)
In section 15(2) his the person’s
94: Section 20 amended (Grants to Foundation)
In section 20(3) affecting it, them, or him
95: Section 24 amended (Authorised expenditure)
1: In section 24 Polynesians Pacific people
2: Repeal section 24(1)(b) and (l)
3: In section 24(1)(e) the Polynesian Pacific
4: In section 24(1)(h) Polynesian to assist him Pacific person to assist the person
5: In section 24(1)(k) Polynesian Pacific person
96: Section 26 replaced (Bank account)
Replace section 26
26: Bank account
The Board must, as soon as practicable after it receives money belonging to the Foundation, pay the money into the account of the Board at a bank appointed by the Board.
97: Section 27 amended (Estimates of receipts and expenditure)
In section 27(2) May November
98: Section 28 amended (Accounting records must be kept)
Repeal section 28(2) to (5)
99: Section 30 amended (Annual report)
In section 30(1)
a: replace 30 June 31 December
b: replace Minister of Pacific Island Affairs Minister for Pacific Peoples
100: Section 32 repealed (Office of Foundation)
Repeal section 32
101: Section 33 replaced (Members of Board not personally liable)
Replace section 33
33: Members of Board and Special Committees not personally liable
1: No member of the Board is personally liable for—
a: an act done or omitted to be done by the Board or the Executive Committee; or
b: any loss to the Foundation arising out of any act done or omitted to be done by the member, if the act or omission was (so far as the member’s involvement is concerned) in good faith and in pursuance or intended pursuance of the functions of the Board or the Executive Committee.
2: No member of a Special Committee is personally liable for—
a: an act done or omitted to be done by the Special Committee; or
b: any loss to the Foundation arising out of any act done or omitted to be done by the member, if the act or omission was (so far as the member’s involvement is concerned) in good faith and in pursuance or intended pursuance of the functions of the Special Committee.
102: Section 34 amended (Regulations)
In section 34 he the Governor-General
103: New Schedule inserted
After section 34 Schedule 1
4: Amendment to Private Schools Conditional Integration Act 1975
104: Principal Act
This subpart amends the Private Schools Conditional Integration Act 1975 principal Act 2016-10-29 Private Schools Conditional Integration Act 1975
105: Section 7 amended (Integration agreement)
After section 7(9)
9A: Despite subsection (1), the Minister’s power under subsection (9) to enter into a supplementary agreement may be delegated under section 28 of the State Sector Act 1988.
5: Amendments to State Sector Act 1988
106: Principal Act
This subpart amends the State Sector Act 1988 principal Act 2016-10-29 State Sector Act 1988
107: Section 2 amended (Interpretation)
In section 2 education service
iii: any tertiary institution (unless the institution is a sponsor within the meaning of section 2(1) of the Education Act 1989 and the employment relates to its functions as a sponsor under that Act or to a partnership school contract (as defined in Part 12A of that Act)); or
108: Section 75 amended (Actual conditions of employment)
1: In section 75(1) (other than at any tertiary education institution)
2: After section 75(1)
1A: The Commissioner may, in addition to the actual conditions declared under subsection (1), approve further conditions of employment for an individual employee who is employed in the education service under a collective agreement if the conditions are—
a: mutually agreed by the employee and his or her employer; and
b: not inconsistent with the conditions of the collective agreement.
3: In section 75(2) (other than employees at any tertiary education institution)
4: After section 75(3)
4: In this section, education service
6: Consequential amendments and revocation
109: Consequential amendments and revocation
1: Amend the enactments specified in Parts 1 2
2: The order specified in Part 2 2016-10-29 Crown Entities Act 2004 Education Act 1964 Fees and Travelling Allowances Act 1951 Official Information Act 1982 New Zealand Council for Educational Research (Electoral College) Order 2009


1: Title
This Act is the Accident Compensation Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Accident Compensation Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act Accident Compensation Act 2001 principal Act OIC LI 2017/201 2018-01-31 Accident Compensation Act 2001
4: Schedule 1 amended
1: In Schedule 1
b: the lead health practitioner:
c: any health practitioner providing treatment to the claimant:
d: any employer or potential employer of the claimant.
2: In Schedule 1
5: In this clause,— lead health practitioner services
3: In Schedule 1 medical practitioner health practitioner


Burial and Cremation Amendment Act 2016

1: Title
This Act is the Burial and Cremation Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Burial and Cremation Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act Burial and Cremation Act 1964 principal Act OIC LI 2017/194 2018-01-31 Burial and Cremation Act 1964
4: Section 2 amended (Interpretation)
1: In section 2(1) doctor doctor's certificate give a doctor's certificate
2: In section 2(1) certificate of cause of death section 46B or 46C give a certificate of cause of death health practitioner medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and
b: holds a current practising certificate nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate
5: Section 46AA replaced (Doctor's certificate or coroner's authorisation required before body disposed of)
Replace section 46AA
46AA: Certificate of cause of death or coroner's authorisation required before body disposed of
1: A body must not be buried, cremated, or otherwise disposed of unless the person in charge of the disposal has been given—
a: a certificate of cause of death; or
b: a coroner's authorisation.
2: After receiving under subsection (1)
3: This section is subject to section 46A.
6: Section 46A amended (Stillborn children)
In section 46A(1) doctor medical practitioner
7: Section 46B replaced (Doctor's certificate in relation to illness)
Replace section 46B
46B: Certificate of cause of death in relation to illness
1: This section applies if a person dies after an illness.
2: A medical practitioner or a nurse practitioner who attended the person during the illness must, immediately after learning of the person’s death, give a certificate of cause of death for the person’s death if the practitioner—
a: is satisfied that the person’s death was a natural consequence of the illness; and
b: has taken reasonable steps to consult with any health practitioner known to have subsequently attended the person during the person’s illness.
3: Any other medical practitioner or nurse practitioner may give a certificate of cause of death for the person's death if (and only if) the practitioner is satisfied that the person's death was a natural consequence of the illness and—
a: a medical practitioner or nurse practitioner who attended the person during the person’s illness is unavailable; or
b: less than 24 hours has passed since the death, and a medical practitioner or nurse practitioner who attended the person during the person’s illness is unlikely to be able to give a certificate of cause of death for the person's death within 24 hours after the death; or
c: at least 24 hours have passed since the person's death, and a medical practitioner or nurse practitioner who attended the person during the person’s illness has not given a certificate of cause of death for the person's death.
4: Subsection (3)(b) and (c)
5: A medical practitioner or nurse practitioner must not give a certificate of cause of death under subsection (3)
a: has regard to the medical records relating to the person concerned of the health practitioner who last attended the person during the illness; and
b: has regard to the circumstances of the person's death; and
c: has examined the person's body.
6: A certificate of cause of death must not be given under subsection (2) or (3)
a: the death—
i: must be reported to the New Zealand Police because section 13 (except subsection (1)(b)) of the Coroners Act 2006 applies; or
ii: has been reported to a coroner under section 15(2) of that Act; and
b: the coroner has decided to open an inquiry into the death.
8: Section 46C replaced (Doctor's certificate in relation to accidents to elderly persons)
Replace section 46C
46C: Certificate of cause of death in relation to accidents to persons aged 70 years or more
1: This section applies if a person of or over the age of 70 years dies (the deceased
a: the death was caused by injuries, or injuries contributed substantially to it; and
b: the injuries were caused by an accident; and
c: the injuries, the accident, or both arose principally by virtue of infirmities that were attributes of the deceased’s age; and
d: the accident was not suspicious or unusual; and
e: the accident was not caused by an act or omission of any other person; and
f: except to the extent that the death involved injury by accident, it was not violent, unnatural, or in some way a death in respect of which the Coroners Act 2006 requires an inquiry to be conducted.
2: A medical practitioner or nurse practitioner may give a certificate of cause of death for the deceased.
3: Subsection (2)
4: However, if the medical practitioner or nurse practitioner is aware that the death has been reported to a coroner under section 15(2) of the Coroners Act 2006, the practitioner must not give a certificate of cause of death under subsection (2)
9: Section 46F amended (Transfer of charge of body)
In section 46F(1)(a), (3), and (4) doctor's certificate certificate of cause of death
10: Section 54AA amended (Offences concerning doctor's certificate or certificate relating to stillbirth)
In the heading to section 54AA doctor's certificate certificate of cause of death
11: Consequential amendments
The enactments specified in the Schedule OIC LI 2017/194 2018-01-31 Births, Deaths, Marriages, and Relationships Registration Act 1995 Coroners Act 2006 Friendly Societies and Credit Unions Act 1982 Social Workers Registration Act 2003 Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995 Cremation Regulations 1973


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act (No 2) 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Commencement Order 2017
3: Principal Act
This Act Oranga Tamariki Act 1989 principal Act OIC LI 2017/204 2018-01-31 Children, Young Persons, and Their Families Act 1989 Section 3 amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
4: Section 2 amended (Interpretation)
1: In section 2(1) health practitioner hospital
2: In section 2(1) psychiatric hospital
3: In section 2(1) residence psychiatric
5: Section 12 amended (Duty of medical practitioner to minimise distress to child or young person)
1: In the heading to section 12 medical practitioner health practitioner
2: In section 12 medical practitioner health practitioner
6: Section 49 amended (Court may order medical examination of child or young person)
In section 49(1) medical practitioner health practitioner whom the court considers qualified for the purpose
7: Section 52 amended (Medical practitioner to prepare report on examination)
1: In the heading to section 52 Medical Health
2: In section 52(1) medical practitioner health practitioner
8: Section 53 amended (Medical examination of child or young person at request of social worker)
1: In section 53(2) medical practitioner health practitioner qualified for the purpose
2: In section 53(3) medical practitioner health practitioner qualified for the purpose
9: Section 55 amended (Restrictions on internal examinations and examinations under general anaesthetic)
In section 55(1)(a) medical practitioner health practitioner
10: Section 56 amended (Medical practitioner to prepare report on examination)
1: In the heading to section 56 Medical Health
2: In section 56 medical practitioner health practitioner
11: Section 179 amended (Further provisions relating to medical, psychiatric, and psychological examinations)
1: In section 179(1) registered medical practitioner health practitioner whom the court considers qualified for the purpose
2: In section 179(2) registered medical practitioner health practitioner
3: In section 179(3)(a) registered medical practitioner health practitioner
12: Section 181 amended (Court may order examination to be carried out in psychiatric hospital)
1: In the heading to section 181 psychiatric
2: In section 181(1)(a) medical practitioners health practitioners
3: In section 181(1), (2), and (4) psychiatric hospital hospital
4: In section 181(3) medical practitioner health practitioner
13: Section 182 amended (Release of child or young person from psychiatric hospital where detention no longer required)
1: In the heading to section 182 psychiatric
2: In section 182 psychiatric


Holidays Amendment Act (No 2) 2016

1: Title
This Act is the Holidays Amendment Act (No 2) 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Holidays Amendment Act (No 2) 2016 Commencement Order 2017
3: Principal Act
This Act Holidays Act 2003 principal Act OIC LI 2017/200 2018-01-31 Holidays Act 2003 Can be brought into force earlier by OIC (see s 2(1))
4: Section 68 amended (Proof of sickness or injury)
1: In section 68(3) medical practitioner health practitioner
2: Replace section 68(5)
5: In this section, health practitioner


Land Transport Amendment Act 2016

1: Title
This Act is the Land Transport Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent.
3: Principal Act
This Act Land Transport Act 1998 principal Act 2018-11-07 Land Transport Act 1998 Can be brought into force earlier by OIC (see s 2(1))
4: Section 2 amended (Interpretation)
1: In section 2(1) doctor’s surgery
2: In section 2(1) medical centre
3: In section 2(1) medical expenses medical practitioner health practitioner
4: In section 2(1) medical officer medical officer
5: In section 2(1) optometrist
5: Section 13 amended (Drivers and other road users to comply with directions of enforcement officers, etc)
In section 13(3) medical practitioner health practitioner
6: Section 18 amended (Doctors and optometrists to give Agency medical reports of persons unfit to drive)
1: In the heading to section 18 Doctors and optometrists Health practitioners
2: In section 18(1) medical practitioner or optometrist health practitioner
3: In section 18(2) medical practitioner or optometrist health practitioner
4: In section 18(3) medical practitioner or optometrist health practitioner
7: Section 60 amended (Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test)
1: In section 60(1)(b) medical practitioner health practitioner
2: In section 60(1)(c) medical practitioner health practitioner
8: Section 64 amended (Defences)
In section 64(1) medical practitioner health practitioner
9: Section 68 amended (Who must undergo breath screening test)
In section 68(2) doctor’s surgery medical centre
10: Section 69 amended (Who must undergo evidential breath test)
In section 69(7) doctor’s surgery medical centre
11: Section 72 amended (Who must give blood specimen at places other than hospital or surgery)
1: In the heading to section 72 surgery medical centre
2: In section 72(1) medical practitioner health practitioner
3: In section 72(2) medical practitioner health practitioner
4: In section 72(3) medical practitioner health practitioner
5: In section 72(4)(a) medical practitioner health practitioner
6: In section 72(5)(b) medical practitioner health practitioner
12: Section 73 amended (Who must give blood specimen in hospital or surgery)
1: In the heading to section 73 surgery medical centre
2: In section 73(1)
a: replace doctor’s surgery medical centre
b: replace medical practitioner health practitioner
3: In section 73(2)
a: replace doctor’s surgery medical centre
b: replace medical practitioner health practitioner
4: In section 73(3)
a: replace medical practitioner health practitioner
b: replace doctor’s surgery medical centre
5: In section 73(4) medical practitioner health practitioner
6: In section 73(5) medical practitioner health practitioner
7: In section 73(5)(a) doctor’s surgery medical centre
8: In section 73(6) medical practitioner health practitioner
13: Section 74 amended (Procedure for dealing with blood specimens)
In section 74(4) medical practitioner health practitioner
14: Section 75 amended (Certificates in blood-alcohol proceedings)
1: In section 75(2) medical practitioner health practitioner
2: In section 75(3)
a: replace medical practitioner health practitioner
b: replace doctor’s surgery medical centre
3: In section 75(4) medical practitioner health practitioner
15: Section 76 amended (Presumptions relating to blood specimens)
In section 76(1)(c) medical practitioner health practitioner
16: Section 79 amended (Circumstances in which certificate not admissible in proceedings)
In section 79(1) medical practitioner health practitioner
17: Section 99 amended (Court may reduce disqualification)
In section 99(3)(d) medical practitioner health practitioner
18: Section 100 amended (Agency to remove certain disqualifications)
In section 100(1)(a)(i) medical practitioner health practitioner
19: Section 100A amended (Agency to remove alcohol interlock requirements)
In section 100A(1)(a)(i) medical practitioner health practitioner
20: Section 209 (Taking of blood specimens for statistical or research purposes)
In section 209(1) medical practitioner health practitioner
21: Consequential amendments
The enactment specified in the Schedule 2018-11-07 Land Transport (Driver Licensing) Rule 1999 Can be brought into force earlier by OIC (see s 2(1))