1: Title
1: This Act is the Industrial and Provident Societies Amendment Act 2003.
2: In this Act, the Industrial and Provident Societies Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 4
1: The principal Act is amended by inserting, after section 3
4: Societies which may be registered
1: A society which may be registered under this Act (in this Act called an industrial and provident society
2: However, no member (other than a registered society) may have or claim any interest in the shares of the society exceeding $4,000 or such higher amount as may be specified, in respect of any particular society, by notice in the Gazette
3: This section is subject to section 33 of the Statutes Amendment Act 1939
2: All notices under section 2(1) of the Industrial and Provident Societies Amendment Act 1923 section 4(2) subsection (1)
4: Consequential amendments and repeal
1: The following are consequentially amended by omitting the expression section 2(1) of the Industrial and Provident Societies Amendment Act 1923 section 4(2) of the principal Act
a: the proviso to section 9(e)
b: section 2(1A)(a) Industrial and Provident Societies Amendment Act 1919
2: Section 33(2) Statutes Amendment Act 1939 section 2 of the Industrial and Provident Societies Amendment Act 1923 section 4 of the principal Act
3: The Industrial and Provident Societies Amendment Act 1923 (1923 No 20)


Industry Training Amendment Act 2003

1: Title
This Act is the Industry Training Amendment Act 2003.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Industry Training Amendment Act 2002 amended
Section 7(4) 7(j) 7(i)


Legal Services Amendment Act 2003

1: Title
1: This Act is the Legal Services Amendment Act 2003.
2: In this Act, the Legal Services Act 2000 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Other situation where legal aid refused or limited: civil matters
Section 10 subsection (2)
2: Subsection (1)
a: proceedings referred to in that subsection for which a person was granted legal aid before 1 October 1999; or
b: proceedings specified in section 7(1)(j) to (m)
4: New
section 55A The principal Act is amended by inserting, after section 55
55A: Powers and duties of Convenor of Review Panel on receipt of application for review
1: On receipt of an application for review, the Convenor of the Review Panel—
a: may require the Agency or any person to provide any information relating to the decision or the application for review; and
b: must assign a team of 1, 2, or 3 members of the Panel to review the decision.
2: The Convenor must include 1 lawyer in every team assigned to a review.
5: Review of decision by Review Panel
1: Section 56 subsections (1) (2)
2: Section 56 The team A team assigned to a review
6: New
section 62A The principal Act is amended by inserting, after section 62
62A: Delegation by Convenor of Review Panel
1: The Convenor of the Review Panel may delegate any of the Convenor's functions, duties, and powers to a member of the Panel who the Convenor is satisfied has the capability, skills, and experience to perform and exercise those functions, duties, or powers.
2: A delegation
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Convenor.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
7: New
section 116A The principal Act is amended by inserting, after section 116
116A: Legal aid granted under
Legal Aid Act 1969
1: On and after the date on which the Legal Services Amendment Act 2003 comes into force, any application made, or proceedings commenced, under the Legal Aid Act 1969
2: To avoid doubt,—
a: a charge created by the Legal Aid Act 1969 section 32
b: the provisions of this Act, so far as they are applicable and with any necessary modifications, apply to the charge and the Agency may, for the purposes of subsection (1)
i: transfer the charge in accordance with section 34
ii: enforce the charge in accordance with section 35
iii: write off the amounts secured by the charge in accordance with section 37
c: the Agency may sign any document, on behalf of the Crown, in order to give effect to subsection (1)
8: Legal aid granted under former Act
Section 117 subsection (4)
9: New
section 117B The principal Act is amended by inserting, after section 117A
117B: District Legal Aid Committees
1: Every District Legal Aid Committee established under the Legal Aid Act 1969
2: No member of a District Legal Aid Committee is entitled to compensation as a result of those Committees ceasing to exist.
3: All assets and liabilities of a District Legal Aid Committee, and all records of the Committee, vest in the Agency at the close of the day before the date on which the Legal Services Amendment Act 2003 comes into force.


1: Title
1: This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003.
2: In this Act, the Injury Prevention, Rehabilitation, and Compensation Act 2001 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Claimant who no longer has vocational independence regains entitlement to weekly compensation
Section 113(1) section 107(5) section 109
4: Classification of industries or risks
Section 170(3) threshold (if any)
5: Purchase of weekly compensation by shareholder-employees
Section 190(2) sections 206A,
6: Classification of industries or risk
Section 195(3) threshold (if any)
7: New
sections 206A to 206C The principal Act is amended by inserting, after section 206
206A: Risk adjustment of Self-Employed Work Account levy
1: A levy determined for the purposes of section 202 or section 211
2: Section 331
3: The Corporation must decide whether an adjustment to a Self-Employed Work Account levy is to be made and the level of the adjustment. 1998 No 114 s 301
206B: Incorporation by reference
1: Regulations made for the purpose of section 206A
a: New Zealand standard; or
b: standard, requirement, recommended practice, rule, statute, or regulation, of any foreign government or organisation.
2: Any material incorporated in regulations by reference is to be regarded for all purposes as forming part of the regulations, but any amendment made to the material after the commencement of the regulations does not have effect until regulations have been made incorporating the amendment into the regulations.
206C: Copy of material incorporated by reference to be available to public
A copy of all material incorporated in regulations must be made available by the Corporation for inspection by the public free of charge.
8: Corporation to comply with Government policy
Section 270(4)(b) 271(6) 271(5)
9: Compensation payable to surviving spouses under 1972 and 1982 Acts
Section 384 subsection (2)
2A: For the purposes of subsection (1), section 446 subsection (4) of that section
4: The compensation does not cease if, when compensation would otherwise cease under subsection (3)
a: is 45 years or older; or
b: would have been entitled to continue to receive compensation under section 123 of the Accident Compensation Act 1972 section 65 of the Accident Compensation Act 1982
10: Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person
Section 387(1)(c) 149(5) 149(7)


1: Title
1: This Act is the Local Government (Rating) Amendment Act 2003.
2: In this Act, the Local Government (Rating) Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Regulations relating to rating of educational establishments
Section 25 subsection (2)
2: Regulationsâ€”
a: may not be made before 1 July 2005; and
b: may be made only on the recommendation of the Minister; and
c: may be made only after a report that complies with section 26
4: Report of Ministerial review of rating practice in relation to educational establishments
1: Section 26(b) the financial years commencing on 1 July 2003 and 1 July 2004 not fewer than 2 consecutive financial years
2: Section 26(c)(i) administration of Part 8


1: Title
1: This Act is the Local Government Official Information and Meetings Amendment Act 2003.
2: In this Act, the Local Government Official Information and Meetings Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 17A 17B The principal Act is amended by inserting, after section 17
17A: Requests involving substantial collation or research
1: In deciding whether to refuse a request under section 17(f)
a: fixing a charge under section 13
b: extending the time limit under section 14
2: For the purposes of refusing a request under section 17(f)
a: that are about the same subject matter or about similar subject matters; and
b: that are received simultaneously or in short succession.
17B: Duty to consider consulting person if request likely to be refused under
section 17(e) or (f) If a request is likely to be refused under section 17(e) or (f)
4: Functions of Ombudsmen
Section 27 subsection (3)
3: An investigation and review under subsection (1) or subsection (2)
3A: A complaint made orally must be put in writing as soon as practicable.


Medicines Amendment Act (No 3) 2003

1: Title
1: This Act is the Medicines Amendment Act (No 3) 2003.
2: In this Act, the Medicines Act 1981 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) container controlled drug section 2(1) of the Misuse of Drugs Act 1975 .
2: Section 2(1) paragraphs (a) (b) standing order prescription medicines or controlled drugs
3: Section 2(1) standing order
c: a written instruction issued by a practitioner, or midwife, in accordance with any applicable regulations, authorising any specified class of persons engaged in the delivery of health services to supply and administer any specified class or description of pharmacy-only medicines or restricted medicines to any specified class of persons, in circumstances specified in the instruction:
d: a written instruction issued by a veterinarian in accordance with any applicable regulations, authorising any specified class of persons to supply and administer any specified class or description of pharmacy-only medicines or restricted medicines to any specified class of animals, in circumstances specified in the instruction. .
4: Meaning of medicine, new medicine, prescription medicine, and restricted medicine
1: Section 3(3) pharmacy-only medicine pharmacy-only medicine section 106
a: sold by retail only—
i: in a pharmacy or hospital; or
ii: in any shop described in section 51(2) Part 3
b: supplied in circumstances corresponding to retail sale only—
i: in a pharmacy or hospital; or
ii: in any shop described in section 51(2) Part 3
iii: in accordance with a standing order .
2: Section 3(3) restricted medicine restricted medicine section 106
a: sold by retail only by a pharmacist in a pharmacy or hospital; or
b: supplied in circumstances corresponding to retail sale only—
i: by a pharmacist in a pharmacy or hospital; or
ii: in accordance with a standing order.
5: Regulations
Section 105(2)(c) indentify identify


Misuse of Drugs Amendment Act 2003

1: Title
1: This Act is the Misuse of Drugs Amendment Act 2003.
2: In this Act, the Misuse of Drugs Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Exemptions from
sections 6 7
1: Section 8(1) registered midwife, designated prescriber,
2: Section 8(2) paragraph (b)
b: any pharmacist may produce, manufacture, or supply controlled drugsâ€”
i: listed in the pharmaceutical schedule within the meaning of the New Zealand Public Health and Disability Act 2000
ii: for the purposes of the hospital in which he or she is employed; or
iii: pursuant to a prescription or order issued by a medical practitioner, dentist, designated prescriber, or veterinarian:. .
4: Treatment of persons dependent on controlled drugs
1: Section 24(1A) practitioner prescriber
2: Section 24(7)(a) who may , subject to any general or specific conditions imposed by the Minister on the recommendation of the Director-General of Health,
5: Evidence of analysis
Section 31(5) member of the police member of the police
a: a member of the Royal New Zealand Naval Police:
b: a member of the New Zealand Army Military Police:
c: a member of the Air Security Branch of the Royal New Zealand Air Force:
d: an officer of the Air Security specialisation of the Administrative Branch of the Royal New Zealand Air Force. .
6: Regulations
Section 37 paragraph (f)
fa: regulating the issue of standing orders that authorise the supply and administration of controlled drugs, imposing conditions, limitations, requirements, or restrictions in relation to the contents of standing orders of that kind and their use, and providing for any other matters that are necessary or desirable for the administration of standing orders of that kind:. .


1: Title
1: This Act is the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2003.
2: In this Act, the Mental Health (Compulsory Assessment and Treatment) Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Use of force
Section 122B(3) to whom section 58


1: Title
1: This Act is the New Zealand Public Health and Disability Amendment Act 2003.
2: In this Act, the New Zealand Public Health and Disability Act 2000 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of dissolved entities and certain employees of Ministry of Health
Section 101(1)(d) Disabilities Disability


1: Title
1: This Act is the New Zealand Railways Corporation Amendment Act 2003.
2: In this Act, the New Zealand Railways Corporation Act 1981 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Unused lands and buildings may be leased
1: The heading to section 33 Unused lands Lands
2: Section 33(3) paragraph (b)
b: where the rent payable under the lease is not less than an annual rent fixed by a valuation made by a registered valuer; or
c: where paragraph (a) paragraph (b)
3: Section 33
7: In subsection (3) Valuers Act 1948


1: Title
1: This Act is the Ngati Turangitukua Claims Settlement Amendment Act 2003.
2: In this Act, the Ngati Turangitukua Claims Settlement Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Kutai Street reserves
Section 25
6: The vesting under subsection (4)
a: subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River; and
b: to avoid doubt, free from a requirement under Part 4A of the Conservation Act 1987
7: If, at any time and for any reason, the course of the Tongariro River is altered, the right of way referred to in subsection (6)(a)
4: New
section 25A The principal Act is amended by inserting, after section 25
25A: Notation on title
1: The Registrar-General of Land is authorised and directed to make entries in the register under the Land Transfer Act 1952 section 25(6) and (7) of this Act
2: The Registrar must enter on the certificates of title for the Kutai Street reserves the following words: Subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River, as provided for by section 25(6) and (7) of the Ngati Turangitukua Claims Settlement Act 1999
3: Subsection (2) subsection (1)
4: Section 37 section 25(6)


Ombudsmen Amendment Act 2003

1: Title
1: This Act is the Ombudsmen Amendment Act 2003.
2: In this Act, the Ombudsmen Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: House of Representatives may make rules for guidance of Ombudsmen
Section 15(1) (2) the Local Government Official Information and Meetings Act 1987 under the Local Government Official Information and Meetings Act 1987 Protected Disclosures Act 2000
4: Evidence
Section 19(5A) the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures Act 2000
5: Proceedings privileged
1: Section 26(1)(a) (b) (3) the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures Act 2000
2: Section 26(4) the Local Government Official Information and Meetings Act 1987 or under the Protected Disclosures Act 2000
6: Annual report
Section 29 or the Local Government Official Information and Meetings Act 1987 and the Local Government Official Information and Meetings Act 1987 Protected Disclosures Act 2000


Passports Amendment Act 2003

1: Title
1: This Act is the Passports Amendment Act 2003.
2: In this Act, the Passports Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Issue of passport
1: Section 4(3)(b)(ii) sentence of supervision under community-based sentence under subpart 2 of Part 2
2: Section 4(3)(b) subparagraph (iii)
iii: the applicant is required by an order made by a New Zealand court to refrain from obtaining a passport or to surrender a passport; or
iv: the applicant is subject to an order made by a New Zealand court that requires the applicant, or the effect of which requires the applicant, to remain in New Zealand; or
v: the applicant is subject to a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand: .
4: Cancellation of passport where holder ceases to be entitled to passport
1: Section 8(1)(c)
2: Section 8(2)


Official Information Amendment Act 2003

1: Title
1: This Act is the Official Information Amendment Act 2003.
2: In this Act, the Official Information Act 1982 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 18A 18B The principal Act is amended by inserting, after section 18
18A: Requests involving substantial collation or research
1: In deciding whether to refuse a request under section 18(f)
a: fixing a charge under section 15
b: extending the time limit under section 15A
2: For the purposes of refusing a request under section 18(f)
a: that are about the same subject matter or about similar subject matters; and
b: that are received simultaneously or in short succession.
18B: Duty to consider consulting person if request likely to be refused under
section 18(e) or (f) If a request is likely to be refused under section 18(e) or (f)
4: Publication setting out functions of Departments and organisations
Section 20 subsection (2)
2A: In complying with subsection (2) subsection (4)
5: Functions of Ombudsmen
Section 28 section (3)
3: An investigation and review under subsection (1) or subsection (2)
3A: A complaint made orally must be put in writing as soon as practicable.
6: Schedule 1
1: Schedule 1 Airport Companies (as defined in section 2 of the Airport Authorities Act 1966 Airport Companies (as defined in section 2 of the Airport Authorities Act 1966 section 2 of that Act section 6 of the Local Government Act 2002
2: Schedule 1 Fruit Distributors Limited


Privacy Amendment Act 2003

1: Title
1: This Act is the Privacy Amendment Act 2003.
2: In this Act, the Privacy Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Procedure after investigation
Section 77(2) Proceedings Commissioner Director of Human Rights Proceedings
4: Damages
Section 88(2) by the Privacy Commissioner
5: Protection and privileges of witnesses, etc
1: Section 94(1B)(a)(iii) Proceedings Commissioner Director of Human Rights Proceedings
2: Section 94(1B)(b) Complaints Review Tribunal Human Rights Review Tribunal
6: Commissioner and staff to maintain secrecy
Section 116(3) Proceedings Commissioner Director of Human Rights Proceedings


Police Amendment Act 2003

1: Title
1: This Act is the Police Amendment Act 2003.
2: In this Act, the Police Act 1958 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Non-sworn members of the Police
1: Section 6(2) other enactment enactment other than this Act
2: Section 6 subsection (4)
4: In any of the enactments specified in subsection (5)
5: The enactments referred to in subsection (4)
a: sections 5, 10, 11, 13, 15, 30, 39 to 44, 51, 52, 54(1), 55, 55A, 57 to 59, 61A, 64, 76 to 79, and 96 of this Act
b: section 52(1)(b) of the Electoral Act 1993
c: section 8(g) of the Juries Act 1981
d: the Police Complaints Authority Act 1988
e: section 24 of the Summary Offences Act 1981
4: Members not to engage in politics
Section 31 sections 30 and 31 of the Electoral Act 1956 sections 52 and 53 of the Electoral Act 1993
5: Section 50 Section 50


1: Title
1: This Act is the Private Investigators and Security Guards Amendment Act 2003.
2: In this Act, the Private Investigators and Security Guards Act 1974 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Grounds for cancellation of licence
Section 58(1)(b) Part 3 of the Dogs Registration Act 1955 the Dog Control Act 1996


Standards Amendment Act 2003

1: Title
1: This Act is the Standards Amendment Act 2003.
2: In this Act, the Standards Act 1988 is called the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Membership of Council
1: Section 4(2)(a) of the principal Act is amended by repealing subparagraph (v), and substituting the following subparagraph:
v: Business New Zealand Incorporated:
2: Section 4(2)(b) of the principal Act is amended by repealing subparagraph (i), and substituting the following subparagraph:
i: Electricity Networks Association Incorporated:
3: Section 4(2)(c) of the principal Act is amended by repealing subparagraph (ii), and substituting the following subparagraph:
ii: New Zealand Retailers Association Incorporated:
4: Section 4(2)(e) of the principal Act is amended by repealing subparagraph (ii), and substituting the following subparagraph:
ii: The New Zealand Federation of Country Women's Institutes Incorporated:


1: Title
1: This Act is the Queen Elizabeth the Second National Trust Amendment Act 2003.
2: In this Act, the Queen Elizabeth the Second National Trust Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Meetings of Board
Section 9(4) persons specified in paragraphs (a) to (f) of subsection (5) of this section Director General of Conservation


State Sector Amendment Act (No 2) 2003

1: Title
1: This Act is the State Sector Amendment Act (No 2) 2003.
2: In this Act, the State Sector Act 1988 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 paragraph (a)(ii) Part 9


Tokelau Amendment Act 2003

1: Title
1: This Act is the Tokelau Amendment Act 2003.
2: In this Act, the Tokelau Act 1948 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 4AA The principal Act is amended by inserting, after section 4
4AA: Making and issuing of certain Tokelau commemorative coins validated
1: The following coins are deemed to be, and always to have been, validly made and issued, and legal tender only in Tokelau:
a: the Tokelau 2000 Queen Elizabeth the Queen Mother Commemorative Five Dollars:
b: the Tokelau 1999 Smallest Gold Coins Commemorative Ten Dollars.
2: In subsection (1)(a) Tokelau 2000 Queen Elizabeth the Queen Mother Commemorative Five Dollars
a: the reverse impression of which shows—
i: the portraits of His late Majesty King George VI standing behind a draped balcony and acknowledging the crowd, and of Her late Majesty the Queen Mother to the right, also acknowledging the crowd:
ii: the expression VE DAY CELEBRATIONS 8TH MAY
iii: the expressions 1945 $5
iv: the expression 1900 HM THE QUEEN MOTHER'S CENTENARY 2000 LIMA TALA
b: the specifications of which are as follows:
i: it is made of 925/1000 silver with an outer ring plated in 24 carat gold:
ii: it weighs 28.10 grammes (with a tolerance, in excess or deficiency, of 0.25% allowed); and
iii: it is circular with a diameter of 38.61 millimetres.
3: In subsection (1)(b) Tokelau 1999 Smallest Gold Coins Commemorative Ten Dollars
a: the reverse impression of which shows—
i: a representation of Hina, the Tokelauan maiden, pointing to her left, and being carried by the turtle, te Kea, swimming in the sea:
ii: the expression HINA MA TE KEA $10 HEFULU TALA
b: the specifications of which are as follows:
i: it is made of 999.9/1000 gold:
ii: it weighs 1.2442 grammes (with a tolerance, in excess or deficiency, of 0.025% allowed):
iii: it is circular with a diameter of 13.92 millimetres.
4: The coins referred to in subsection (1)
a: have a reeded edge; and
b: show, on the obverse impression, a portrait of Her Majesty the Queen in profile wearing a diadem; and
c: bear the expression,—
i: in the case of the coin referred to in subsection (1)(a) TOKELAU • 2000
ii: in the case of the coin referred to in section (1)(b) TOKELAU • 1999


Trade Marks Amendment Act 2003

1: Title
1: This Act is the Trade Marks Amendment Act 2003.
2: In this Act, the Trade Marks Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Status of trade marks registered before commencement of Act
Section 208(2) 74 73


Unit Titles Amendment Act 2003

1: Title
1: This Act is the Unit Titles Amendment Act 2003.
2: In this Act, the Unit Titles Act 1972 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Cancellation of plan on application of proprietors
Section 45(8) , and to the Valuer-General,


War Funds Act Repeal Act 2003

1: Title
This Act is the War Funds Act Repeal Act 2003.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: War Funds Act 1915 The War Funds Act 1915 (1915 No 41)


1: Title
This Act is the Reserves and Other Lands Disposal Act 2003.
1: Commencement and interpretation
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
In this Act, unless the context otherwise requires,— Gore land F Paparoa land C Picton (sites 5 and 6) land
a: the land comprising 733 square metres, being Lot 1 on Deposited Plan 7913, and being all the land in Certificate of Title 5A/884:
b: the land comprising 2 489 square metres, being part Lots 1, 2, and 3 on Deposited Plan 1682, Lot 1 on Deposited Plan 1972, and Lot 1 on Deposited Plan 3906, and being all the land in Certificate of Title 5A/887 Picton (site 7) land Port Chalmers land
2: Land dealings
4: Background to Paparoa land
1: The Paparoa land was declared to be part of the Paparoa National Park by the Paparoa National Park Order 1987.
2: However, since 1985, the Paparoa land has been a bridge and part of State Highway 6.
5: Paparoa land declared road
1: The Paparoa land is excluded from the Paparoa National Park.
2: The Paparoa land is declared to be road.
3: The declaration under subsection (2) must be treated as if it had been made under section 114
6: Background to Gore land
1: Section 36(1)(b)
2: The Gore District Council seeks to have the ability to dispose of the Gore land.
7: Prohibition on sale of Gore land removed
The trust without power of sale as a municipal endowment affecting the Gore land is removed.
8: Background to Port Chalmers land
1: In 1980, the Port Chalmers land was classified as a reserve for local purpose (buildings).
2: Even though approval was given in 1983 to revoke the reserve on the Port Chalmers land, that revocation did not occur.
3: The Port Chalmers land remains subject to the Reserves Act 1977
4: The Port Chalmers land was transferred to private owners by dealings 934896.1 and 967484.1, and was mortgaged by dealing 967484.2, contrary to section 112
9: Reserve status of Port Chalmers land revoked
1: The reservation of the Port Chalmers land as a reserve for local purpose (buildings) is revoked.
2: The revocation under subsection (1) must be treated as if it occurs under section 24
3: The dealings referred to in section 8(4) section 112
10: Background to Picton land
1: Section 80
2: The Marlborough District Council seeks to have the ability to lease the Picton (sites 5 and 6) land free of the trust referred to in subsection (1).
3: The Picton (site 7) land is vested in the Marlborough District Council, subject to the restrictions in section 46(2)
4: The Marlborough District Council seeks to have the ability to lease the Picton (site 7) land free of the restrictions referred to in subsection (3).
11: Picton (sites 5 and 6) land freed of trust
The trust as an endowment affecting the Picton (sites 5 and 6) land is discharged.
12: Picton (site 7) land freed of restrictions
The restrictions imposed by section 46(2)
13: Entries in registers
The Registrar-General of Land is authorised and directed to make entries in the appropriate registers and to do any other things necessary to give effect to this Act.


Crimes Amendment Act (No 2) 2003

1: Title
1: This Act is the Crimes Amendment Act (No 2) 2003.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
1: Sections 3 to 6
a: one or more Orders in Council may appoint different dates for different provisions; and
b: in the case of a provision inserting or substituting 2 or more provisions in an Act other than this Act, one or more Orders in Council may appoint different dates for different provisions inserted or substituted.
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Extraterritorial jurisdiction in respect of certain offences with transnational aspects
Section 7A(1)
a: by inserting, after the words proceedings may be brought for any offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002
b: by omitting the words or section 257A section 257A, section 298A, or section 298B
4: Attorney-General's consent required where jurisdiction claimed under
section 7A
1: Section 7B(1) or section 257A section 257A, section 298A, or section 298B
2: Section 7B
3: Proceedings for an offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002 section 7A
5: New
sections 298A 298B The principal Act is amended by inserting, after section 298
298A: Causing disease or sickness in animals
1: Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful justification or reasonable excuse, directly or indirectly causes or produces in an animal a disease or sickness that causes a situation of a kind described in subsection (2)
a: intending a situation of that kind to occur; or
b: being reckless as to whether a situation of that kind occurs.
2: A situation of a kind referred to in subsection (1)
a: constitutes a serious risk to the health or safety of an animal population; and
b: is likely, directly or indirectly, to cause major damage to the national economy of New Zealand.
298B: Contaminating food, crops, water, or other products
Every one is liable to imprisonment for a term not exceeding 10 years who contaminates food, crops, water, or any other products, without lawful justification or reasonable excuse, and either knowing or being reckless as to whether the food, crops, water, or products are intended for human consumption, and—
a: intending to harm a person or reckless as to whether any person is harmed; or
b: intending to cause major economic loss to a person or reckless as to whether major economic loss is caused to any person; or
c: intending to cause major damage to the national economy of New Zealand or reckless as to whether major damage is caused to the national economy of New Zealand.
6: New
section 307A The principal Act is amended by inserting, after section 307
307A: Threats of harm to people or property
1: Everyone is liable to imprisonment for a term not exceeding 7 years if, without lawful justification or reasonable excuse, and intending to achieve the effect stated in subsection (2)
a: threatens to do an act likely to have one or more of the results described in subsection (3)
b: communicates information—
i: that purports to be about an act likely to have one or more of the results described in subsection (3)
ii: that he or she believes to be false.
2: The effect is causing a significant disruption of one or more of the following things:
a: the activities of the civilian population of New Zealand:
b: something that is or forms part of an infrastructure facility in New Zealand:
c: civil administration in New Zealand (whether administration undertaken by the Government of New Zealand or by institutions such as local authorities, District Health Boards, or boards of trustees of schools):
d: commercial activity in New Zealand (whether commercial activity in general or commercial activity of a particular kind).
3: The results are—
a: creating a risk to the health of one or more people:
b: causing major property damage:
c: causing major economic loss to one or more persons:
d: causing major damage to the national economy of New Zealand.
4: To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that a person has committed an offence against subsection (1)
7: Interpretation
Section 312A(1) terrorist offence sections 7, 8, 9, 10, 12, 13, and 13A of the Terrorism Suppression Act 2002
8: New
sections 312CC 312CD The principal Act is amended by inserting, after section 312CB
312CC: Application by police for warrant to intercept private communications relating to terrorist offences
1: An application may be made to a Judge of the High Court for a warrant for any member of the police to intercept a private communication by means of an interception device if there are reasonable grounds for believing—
a: that a terrorist offence has been committed, or is being committed, or is about to be committed; and
b: if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and
c: that it is unlikely that without the granting of such a warrant the police investigation of the case can be brought to a successful conclusion or, as the case may be, the commission of the offence can be prevented.
2: The application must be made by a commissioned officer of the police, in writing and on oath, and must set out the following particulars:
a: a statement of the facts relied on to show that there are reasonable grounds for believing—
i: that a terrorist offence has been committed, or is being committed, or is about to be committed; and
ii: if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and
b: a description of how it is proposed to intercept private communications; and
c: either,—
i: if they are known, the name and address of the suspect the interception of whose private communications there are reasonable grounds for believing will assist the police investigation of the case or (as the case may be) prevent the commission of a terrorist offence; or
ii: if the name and address of the suspect are not known, a general description of the premises or place in respect of which it is proposed to intercept private communications, being premises or a place believed to be used for any purpose by a person—
A: who it is believed has committed, or is committing, or is about to commit, a terrorist offence; or
B: who it is believed was involved, or is involved, or will be involved, in the commission of the offence; and
d: a statement of the period for which the warrant is requested; and
e: whichever of the following is applicable:
i: both—
A: a general description of the investigative procedures and techniques that have been tried, but have failed to enable the police to conclude their investigation of the case successfully or (as the case may be) failed to help prevent the commission of the offence; and
B: a statement of why those procedures and techniques have failed:
ii: a statement of why it appears that investigative procedures and techniques other than the interception of private communications—
A: are unlikely to enable the police to conclude their investigation of the case successfully or (as the case may be) to help prevent the commission of the offence, or
B: are likely to be too dangerous to adopt in the particular case:
iii: a statement of why the case is considered so urgent that it would be impracticable for the police to carry out their investigation using only investigative procedures and techniques other than the interception of private communications.
312CD: Matters of which Judge must be satisfied in respect of applications relating to terrorist offences
1: A Judge may grant an interception warrant on an application under section 312CC
a: that there are reasonable grounds for believing,—
i: that a terrorist offence has been committed, or is being committed, or is about to be committed; and
ii: if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and
b: that there are reasonable grounds for believing—
i: that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; or
ii: if the offence has yet to be committed, that evidence relevant to the prevention of the offence will be obtained through the use of an interception device to intercept private communications; and
c: whichever of the following is applicable:
i: that investigative procedures and techniques other than the interception of private communications have been tried, but have failed to enable the police to conclude their investigation of the case successfully or (as the case may be) failed to help prevent the commission of the offence; and
ii: that investigative procedures and techniques other than the interception of private communications—
A: are unlikely to enable the police to conclude their investigation of the case successfully or (as the case may be) to help prevent the commission of the offence, or
B: are likely to be too dangerous to adopt in the particular case:
iii: that the case is so urgent that it would be impracticable for the police to carry out their investigation using only investigative procedures and techniques other than the interception of private communications; and
d: that the private communications proposed to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of Part 3 of the Evidence Amendment Act (No 2) 1980
2: In determining whether or not the granting of an interception warrant under subsection (1)
3: Subsection (2) subsection (1)
9: New
section 312N The principal Act is amended by repealing section 312N
312N: Restriction on admissibility of evidence of private communications lawfully intercepted
Even if the communication was intercepted under an interception warrant or an emergency permit, evidence of a private communication intercepted by means of an interception device, or of its substance, meaning, or purport, may not be given in any court unless the evidence relates to—
a: a specified offence; or
b: a conspiracy to commit a specified offence; or
c: a terrorist offence; or
d: a conspiracy to commit a terrorist offence; or
e: a serious violent offence; or
f: a conspiracy to commit a serious violent offence; or
g: a drug dealing offence (as that term is defined in section 10 of the Misuse of Drugs Amendment Act 1978
h: a prescribed cannabis offence (as that term is defined in section 10 of the Misuse of Drugs Amendment Act 1978
i: offences of 2 or more of those kinds.


1: Title
1: This Act is the Misuse of Drugs Amendment Act (No 2) 2003.
2: In this Act, the Misuse of Drugs Amendment Act 1978 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 13
1: The principal Act is amended by repealing section 13
2: Section 10(3) Misuse of Drugs Amendment Act 1978 sections 12 and 13 section 12
4: New
section 26 The principal Act is amended by repealing section 26
26: Restriction on admissibility of evidence of private communications lawfully intercepted
1: Even if the communication was intercepted under an interception warrant or an emergency permit, evidence of a private communication intercepted by means of an interception device, or of its substance, meaning, or purport, may not be given in any court unless the evidence relates toâ€”
a: a specified offence; or
b: a conspiracy to commit a specified offence; or
c: a terrorist offence; or
d: a conspiracy to commit a terrorist offence; or
e: a serious violent offence; or
f: a conspiracy to commit a serious violent offence; or
g: a drug dealing offence; or
h: a prescribed cannabis offence; or
i: offences of 2 or more of those kinds.
2: In subsection (1) section 312A of the Crimes Act 1961


Wildlife Amendment Act 2003

1: Title
1: This Act is the Wildlife Amendment Act 2003.
2: In this Act, the Wildlife Act 1953 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Wildlife refuges
Section 14(1)(e) Reserves Act 1977 Conservation Act 1987


1: Title
1: This Act is the Terrorism Suppression Amendment Act 2003.
2: In this Act, the Terrorism Suppression Act 2002 the principal Act
2: Commencement
1: Sections 3 to 18
a: one or more Orders in Council may appoint different dates for different provisions; and
b: in the case of a provision inserting or substituting 2 or more provisions in an Act other than this Act, one or more Orders in Council may appoint different dates for different provisions inserted or substituted.
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of this Act
Section 3(b)
iv: the Nuclear Material Convention; and
v: the Plastic Explosives Convention.
4: Interpretation
1: Section 4 duly authorised military device manufacture nuclear material Article 1(a) Nuclear Material Convention Schedule 2A nuclear material offence section 13C plastic explosives Plastic Explosives Convention Schedule 2B radioactive material section 2(1) of the Radiation Protection Act 1965 unmarked Part 2
2: Section 4
3: Terms and expressions used and not defined in this Act but defined in the Nuclear Material Convention, the Plastic Explosives Convention, or the Technical Annex to the Plastic Explosives Convention have the same meaning as in those Conventions and Annex, unless the context otherwise requires.
5: New headings and
sections 13A to 13D The principal Act is amended by inserting, after section 13 Harbouring or concealing terrorists
13A: Harbouring or concealing terrorists
1: A person commits an offence who, with the intention of assisting another person to avoid arrest, escape lawful custody, or avoid conviction, harbours or conceals that person,—
a: knowing, or being reckless as to whether, that person intends to carry out a terrorist act; or
b: knowing, or being reckless as to whether, that person has carried out a terrorist act.
2: A person who commits an offence against subsection (1) Offences relating to plastic explosives and nuclear materials
13B: Offences involving use and movement of unmarked plastic explosives
1: A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years or a fine not exceeding $500,000, or both, who—
a: possesses, uses, or manufactures unmarked plastic explosives, knowing they are unmarked; or
b: imports or exports unmarked plastic explosives to or from New Zealand, knowing they are unmarked.
2: Subsection (1) subsection (3) Hazardous Substances and New Organisms Act 1996
a: a person who performs military or police functions during the period that begins with the entry into force of this section and ends 15 years later; or
b: any other person during the period that begins with the entry into force of this section and ends 3 years later.
3: Nothing in this section applies to unmarked plastic explosives—
a: that are manufactured or held in limited quantities for sole use in any of the following activities that are duly approved by the Environmental Risk Management Authority:
i: research, development, or testing of new or modified explosives; or
ii: training in explosives detection or testing of explosives detection equipment; or
iii: forensic science activities; or
b: that are destined to be, and are incorporated as, an integral part of a duly authorised military device in New Zealand within 3 years after the date on which this section comes into force.
13C: Offences involving physical protection of nuclear material
1: A person commits an offence who,—
a: without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, knowing it is nuclear material, and—
i: that causes death, injury, or disease to any person or substantial damage to property; or
ii: with intent to cause, or being reckless as to whether it causes death, injury, or disease to any person or substantial damage to property; or
b: commits theft, as defined in section 219 of the Crimes Act 1961
c: fraudulently obtains nuclear material, knowing that it was nuclear material; or
d: makes a demand for nuclear material by threat, or by use of force, or by any other form of intimidation with intent to steal it; or
e: with intent to intimidate, threatens to use nuclear material to cause—
i: death, injury, or disease to any person; or
ii: substantial damage to any property; or
f: with intent to compel any person, international organisation, or State to do, or refrain from doing, any act, threatens to steal nuclear material.
2: A person who commits an offence against subsection (1) Importation, acquisition, possession, or control of radioactive material
13D: Importation, acquisition, etc, of radioactive material
A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years who imports, acquires, possesses, or has control over any radioactive material with intent to use it to commit an offence involving bodily injury, or the threat of violence, to any person.
6: Offences also apply in certain cases outside New Zealand
Section 14(1) sections 7 to 13 and 13B to 13D
7: New
section 18 The principal Act is amended by repealing section 18
18: Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited
Even if the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for terrorist bombing, financing of terrorism, or a nuclear material offence if the person to be charged has been found in New Zealand and has not been extradited.
8: New
section 29A The principal Act is amended by inserting, after section 29
29A: Changes of description of designated entities
1: If satisfied that an entity designated under section 22
2: The notice must identify the entity by reference to—
a: its most recent description; and
b: the notice in the Gazette
3: Sections 23(e) and 23(f) section 22 section 28(2)
4: The stating of the new description does not affect the designation of the entity and (in particular) does not affect the application of section 35(1)
9: New heading and
sections 47A to 47G
1: The principal Act is amended by inserting, after section 47 Customs' powers in relation to certain property
47A: Detention of goods suspected to be terrorist property
1: A Customs officer or authorised person may, without warrant, seize and detain goods if—
a: the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under—
i: the Customs and Excise Act 1996
ii: Part 5 of the Financial Transactions Reporting Act 1996
b: the goods are in New Zealand and he or she is satisfied that they either—
i: are being, or are intended to be, exported from New Zealand; or
ii: are being, or have been, imported into New Zealand; and
c: he or she has good cause to suspect—
i: that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and
ii: that the entity is an entity designated under section 20 or section 22 of this Act
d: he or she has good cause to suspect—
i: that the goods are cash or cash equivalents owned or controlled, directly or indirectly, by an entity; and
ii: that the entity is an entity eligible for designation under section 20 or section 22 of this Act
2: In this section and sections 47B to 47G authorised person Chief Executive the Customs Customs officer officer exportation goods importation section 2(1) of the Customs and Excise Act 1996 cash equivalents
47B: Return of cash necessary to satisfy essential human needs
1: The power to detain goods under section 47A section 47A
a: of (or of a dependant of) an individual from whom the cash has been seized; and
b: arising on, or within 7 days after, the date on which the detention would otherwise be effected.
2: Nothing in subsection (1)
3: If the 7-day period referred to in section 47D(1)(a) section 47E, subsection (1) subsection (1)(b) to 7
47C: Further provisions about detention under
section 47A
1: Reasonable force may be used if it is necessary for any of the following purposes:
a: to seize goods under section 47A
b: to detain goods under section 47A
2: If the person from whom goods have been seized and detained under section 47A
3: Goods detained under section 47A section 47F
4: Section 175 of the Customs and Excise Act 1996 sections 47A to 47F of this Act
5: Nothing in section 47A
a: Customs and Excise Act 1996
b: Financial Transactions Reporting Act 1996
c: Mutual Assistance in Criminal Matters Act 1992
d: Proceeds of Crime Act 1991
47D: Return of goods detained under
section 47A
1: In this section, investigation period, in relation to goods seized and detained under section 47A
a: means the period of 7 days after the date on which the goods were seized and detained; and
b: includes any extension of that period granted by the High Court under section 47E
2: Goods seized and detained under section 47A
a: the completion of all relevant investigations, if they show either—
i: that the goods are not property of the kind referred to in section 47A(1)(c)(i) or (d)(i)
ii: that the entity is not an entity of the kind referred to in section 47A(1)(c)(ii) or (d)(ii)
b: the expiry of the investigation period.
3: However, the Customs need not return the goods as provided in subsection (2) section 48
a: that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and
b: that the entity is an entity designated under section 20 or section 22
47E: Extension of 7-day period in
section 47D(1)(a)
1: The 7-day period in section 47D(1)(a)
a: that the good cause to suspect required by section 47A(1)(c) or (d)
b: that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
2: The application must be made in writing and served on the person from whom the goods were seized (if that person can be identified and located), and must include the following particulars:
a: a description of the goods detained:
b: the date on which the detention commenced:
c: a statement of the facts supporting the good cause to suspect required by section 47A(1)(c) or (d)
d: a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
3: The person from whom the goods were seized is entitled to appear and be heard on the application.
4: The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing.
47F: Custody of certain goods detained under
section 47A
1: If goods detained under section 47A
a: the person from whom the goods have been seized; or
b: any other person authorised by the Customs officer and who consents to having such custody.
2: Every person who has the custody of goods under subsection (1) section 47D
3: A person to whom subsection (2)
a: make the goods available to a Customs officer on request; and
b: not alter, or dispose of, or remove the goods from New Zealand, unless he or she is authorised to do so by a Customs officer; and
c: return the goods on demand to the custody of the Customs. 1996 No 27 s 226(7), (8)
47G: Offences in relation to certain detained goods
1: Every person commits an offence who, having custody of goods pursuant to section 47F(1) section 47F(2) or (3)
2: Every person who commits an offence against subsection (1)
3: Every person commits an offence who, without the permission of the Chief Executive, takes or carries away or otherwise converts to his or her own use goods to which section 47F(2) and (3)
4: Every person who commits an offence against subsection (3) 1996 No 27 s 215
2: Sections 15 19 section 47 or section 47G
10: Certificates as to States Parties under Conventions
Section 62 Bombings Convention or, as the case requires, under the Financing Convention Bombings Convention, the Financing Convention, the Nuclear Material Convention, or the Plastic Explosives Convention
11: Application of
sections 64 65
1: Section 63(1) or, as the case requires, article 7
2: Section 63(2)(a) article 7(1) or (2) or, as the case requires, article 8
12: Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
Section 64 article 9(1) or, as the case requires, article 9
13: Attorney-General to notify relevant States Parties if person taken into custody
Section 65 article 9 or, as the case requires, article 9
14: Attorney-General's consent to prosecutions required
Section 67(3) or section 47G
15: Offences deemed to be included in extradition treaties
1: Section 69 subsection (1)
1: For the purposes of the Extradition Act 1999 section 15 or section 104 of that Act
a: the Bombings Convention; or
b: the Financing Convention; or
c: the Nuclear Material Convention.
2: Section 69 subsection (3)
3: Subsection (2)
3: Section 69 subsection (4)
4: In this section, relevant date
a: in relation to terrorist bombing or financing of terrorism, means 5 December 2002; and
b: in relation to a nuclear material offence, the date on which this section enters into force in relation to that offence.
16: New
Schedules 2A 2B The principal Act is amended by inserting, after Schedule 2 2A 2B
17: Schedule 3 Schedule 3
9: Convention on the Physical Protection of Nuclear Material, done at New York and Vienna, 3 March 1980. Consequential amendment to
Mutual Assistance in Criminal Matters Act 1992
18: Schedule amended to refer to Nuclear Material Convention
The Schedule Mutual Assistance in Criminal Matters Act 1992 27 The Convention on the Physical Protection of Nuclear Materials done at Vienna on 26 October 1979. An offence against the following section of the Terrorism Suppression Act 2002 section subject matter 13C offences involving the physical protection of nuclear materials


1: Title
1: This Act is the New Zealand Security Intelligence Service Amendment Act 2003.
2: In this Act, the New Zealand Security Intelligence Service Act 1969 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1)
a: by omitting from paragraph (a) security terrorism,
b: by adding to the definition of security
d: the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act. .
2: Section 2(1) terrorism terrorist act section 5(1) Terrorism Suppression Act 2002 .


Sentencing Amendment Act 2003

1: Title
1: This Act is the Sentencing Amendment Act 2003.
2: In this Act, the Sentencing Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Aggravating and mitigating factors
Section 9(1) paragraph (h)
ha: that the offence was committed as part of, or involves, a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002 .
4: Imposition of minimum period of imprisonment of 17 years or more
Section 104 paragraph (e)
ea: if the murder was committed as part of a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002 .


Summary Proceedings Amendment Act 2003

1: Title
1: This Act is the Summary Proceedings Amendment Act 2003.
2: In this Act, the Summary Proceedings Act 1957 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 198B The principal Act is amended by inserting, after section 198A
198B: Person with knowledge of computer or computer network to assist access
1: A constable executing a search warrant may require a specified person to provide information or assistance that is reasonable and necessary to allow the constable to access data held in, or accessible from, a computer that is on premises named in the warrant.
2: A specified person is a person who—
a: is the owner or lessee of the computer, or is in possession or control of the computer, or is an employee of any of the above; and
b: has relevant knowledge of—
i: the computer or a computer network of which the computer forms a part; or
ii: measures applied to protect data held in, or accessible from, the computer.
3: A person may not be required under subsection (1)
4: Subsection (3)
a: is reasonable and necessary to allow the constable to access data held in, or accessible from, a computer that—
i: is on premises named in the warrant concerned; and
ii: contains or may contain information tending to incriminate the person; but
b: does not itself tend to incriminate the person.
5: Subsection (3)
a: is on premises named in the warrant concerned; and
b: contains or may contain information tending to incriminate the person.
6: Every person commits an offence and is liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $2,000 who fails to assist a constable when requested to do so under subsection (1)
4: New heading and
sections 200A to 200P The principal Act is amended by inserting, after section 200 Tracking devices
200A: Interpretation
For the purposes of this section and sections 200B to 200P authorised officer
a: a member of the police; or
b: a Customs officer within the meaning of the Customs and Excise Act 1996 parent agency
a: in relation to an authorised officer who is a member of the police, means the New Zealand Police; and
b: in relation to an authorised officer who is a Customs officer within the meaning of the Customs and Excise Act 1996 tracking device
a: the location of a thing or person:
b: whether a thing has been opened, tampered with, or in some other way dealt with tracking device warrant section 200C(1)
200B: Application for tracking device warrant
1: An authorised officer may apply to a High Court Judge or a District Court Judge for a tracking device warrant.
2: The application may not be made unless the officer believes—
a: that there are reasonable grounds to suspect that an offence has been, is being, or will be committed; and
b: that information that is relevant to the commission of the offence (whether or not including the whereabouts of any person) can be obtained through the use of a tracking device; and
c: that it is in the public interest to issue a warrant, taking into account the seriousness of the offence, the degree to which privacy or property rights are likely to be intruded upon, the usefulness of the information likely to be obtained, and whether it is reasonably practicable for the information to be obtained in another way.
3: The application must be made in writing and on oath and must set out the following particulars:
a: the facts relied on to show that the requirements in subsection (2)
b: any information that is necessary so that the Judge may assess the degree to which privacy or property rights are likely to be intruded on; and
c: the period for which a warrant is requested; and
d: the name of the parent agency.
200C: Issue of tracking device warrant
1: On an application under section 200B section 200B(2)(a) to (c)
2: The warrant must be directed to an authorised officer by name or generally to every authorised officer of the parent agency concerned, and must—
a: state the offence or offences in respect of which it is issued; and
b: state a period (not exceeding 60 days) for which it is valid; and
c: state the terms and conditions (if any) subject to which it is issued; and
d: describe or specify the thing in or on which a tracking device may be installed.
3: Further tracking device warrants may be issued in respect of the same thing, or in respect of information relevant to the commission of the same offence.
200D: Effect of tracking device warrant
1: A tracking device warrant authorises the authorised officer or officers to whom it is directed—
a: to install, maintain, or remove a tracking device in or on the thing specified; and
b: to monitor the device or have it monitored.
2: If it is necessary to do so to install, maintain, remove, or monitor a tracking device, a tracking device warrant authorises one or more authorised officers to do any of the following things at any time, using any necessary force:
a: enter on to any premises specified in the warrant:
b: break open or interfere with any thing:
c: temporarily remove anything from anyplace where it is found and to return the thing to that place.
200E: Expiry of warrant
1: Unless renewed under section 200F
2: If a tracking device remains in place after the expiry of the warrant authorising its installation, the authorised officer concerned must apply to a District Court Judge or a High Court Judge for a warrant under section 200I
3: A tracking device that remains in place after the expiry of the warrant authorising its installation must not be monitored; but its remaining in place does not constitute a trespass.
200F: Renewal of warrant
1: Any authorised officer may apply for the renewal of a tracking device warrant that has not expired.
2: The application must be made—
a: to a District Court Judge, if the warrant was issued by a District Court Judge; and
b: to a High Court Judge, if the warrant was issued by a High Court Judge.
3: The application must be made in writing and on oath.
4: A Judge may grant the application and renew the warrant if he or she is satisfied, at the time the application is made, of the matters specified in section 200B(2)(a) to (c)
5: The warrant may be renewed under this section for a period of not more than 60 days.
6: The period for which the warrant is renewed must be written on the warrant, and (unless renewed again) the warrant expires at the end of that period.
7: The warrant may be renewed more than once.
8: If (whether initially or on renewal or further renewal) the warrant was directed to an authorised officer by name, the Judge may amend it so that is directed, by name, to some other authorised officer of the parent agency.
200G: Use of tracking device without warrant
1: An authorised officer may install, monitor, and maintain a tracking device in or on any thing if—
a: it is not in all the circumstances reasonably practicable to obtain a tracking device warrant; and
b: the officer believes on reasonable grounds that a Judge would issue a tracking device warrant if time permitted.
2: The officer may remove the tracking device within 72 hours of its installation.
3: If it is necessary to do so to install, monitor, maintain, or remove the device, the officer concerned may at any time do any of the following things, using any necessary force:
a: enter any premises:
b: break open or interfere with any thing:
c: temporarily remove anything from anyplace where it is found and return the thing to that place.
4: A tracking device installed under subsection (1)
5: Subsection (4)
6: Unless the device has already been removed, the officer must within 72 hours of installing it—
a: apply for a tracking device warrant for it; or
b: apply to a Judge for a warrant under section 200I
c: if the officer wants to leave it in place without monitoring it, apply to a Judge for directions.
7: Within 72 hours of being refused a tracking device warrant, the officer must either—
a: apply to a Judge for a warrant under section 200I
b: if the officer wants to leave the device in place without monitoring it, apply to a Judge for directions.
8: An authorised officer who acts in the exercise or intended exercise of a power conferred by this section is not under any civil or criminal liability in respect of the officer's actions (whether on the ground of lack of jurisdiction or mistake of law or fact, or on any other ground) unless the officer acts in bad faith or without reasonable care.
200H: Reports
1: There must be lodged with every application under paragraph (b) or paragraph (c) of section 200G(6) section 200G(7)
2: If a tracking device installed under section 200G
3: The Registrar of a court in which a report under subsection (1) or subsection (2)
4: If the Judge considers that the circumstances warrant it, the Judge may refer a copy of the report to the chief executive of the parent agency of the authorised officer who installed the device, with any recommendations the Judge thinks fit.
5: The Judge may also refer a copy of the report to the Minister for the time being responsible for the agency.
200I: Warrant for removal of tracking device
1: A District Court Judge or High Court Judge may issue a warrant for the removal of a tracking device, subject to any terms and conditions the Judge sees fit.
2: A warrant under this section must be directed to an authorised officer by name or generally to every authorised officer of the parent agency concerned.
3: A warrant under this section authorises the authorised officer or officers to whom it is directed to remove the tracking device concerned and, in so doing, to do any of the following at any time if necessary, using any necessary force:
a: enter any premises specified in the warrant:
b: break open or interfere with any thing:
c: temporarily remove any thing from any place where it is found and to return the thing to that place.
4: A warrant under this section expires on the earlier of the following:
a: the date 30 days after the day on which it is issued:
b: a date specified when it is issued by the Judge who issues it.
200J: Agencies to give information to Parliament
The Commissioner of Police and the chief executive of the New Zealand Customs Service must include in every annual report relating to that agency that is required by statute to be prepared by that chief executive the following information in respect of the period under review:
a: the number of warrants issued under section 200C
b: the number of renewals of warrants granted under section 200C
c: the average duration of warrants (including renewals); and
d: the number of times a tracking device was used without a warrant under section 200G
e: the number of warrants under section 200I
f: the number of times a Judge gave authority for a tracking device to remain in place.
200K: Security of applications for tracking device warrants
1: As soon as a Judge has determined an application for a tracking device warrant, the Registrar of the court concerned must—
a: place all documents relating to the application (except any warrant issued) in a packet; and
b: seal the packet; and
c: keep the packet in safe custody.
2: Subsection (1)(c) sections 200L to 200P
200L: Restriction on production of documents relating to application
1: No party to any proceedings is entitled to demand the production of any documents held in safe custody under section 200K
2: Subsection (1)
a: is subject to sections 200M to 200P
b: otherwise overrides any enactment or rule of law or any rules of court entitling a party to any proceedings to demand the production of any documents.
200M: Application for production of documents
1: A party to proceedings who requires the production of a document held in safe custody under section 200K(1)
2: Promptly after receiving the application, the Registrar must give written notice of it to—
a: the senior police officer in the district, if the document is or relates to an application for a tracking device warrant sought by a member of the police; or
b: the senior Customs officer in the district, if the document is or relates to an application for a tracking device warrant sought by a Customs officer.
3: If within 3 days after the notice was given the officer gives the Registrar written notice that he or she opposes the production of the document, the Registrar must refer the application to a Judge of the court concerned.
4: The Registrar must produce the document to the applicant if—
a: the officer does not within 3 days after the notice was given give the Registrar written notice that he or she opposes the production of the document; and
b: but for section 200K(1)
200N: Request for production made in course of proceedings
1: A District Court Judge or a Judge of the High Court must adjudicate on an opposed request, made in the course of proceedings presided over by the Judge, for the production of a document held in safe custody under section 200K(1) section 200M(3) section 200O
2: If, in the course of any other proceedings, an opposed request for the production of a document held in safe custody under section 200K(1) section 200O
3: The Judge to whom the matter must be referred is—
a: a District Court Judge if the document relates to a tracking device warrant issued by a District Court Judge; or
b: a Judge of the High Court if the document relates to a tracking device warrant issued by a Judge of the High Court.
200O: Application referred to Judge
1: An application for the production of a document held in safe custody under section 200K section 200M(3) or section 200N(2)
2: The applicant and the officer opposing production must be given an opportunity to be heard.
3: The Judge may order that all or a specified part of the document must not be produced if (and only if) the Judge—
a: is satisfied that information in the document identifies, or is likely to lead to the identification of,—
i: a person who gave information to the police, or to the New Zealand Customs Service; or
ii: a member of the police, or any Customs officer, whose identity was concealed for the purpose of any relevant investigation and has not later been revealed; and
b: the Judge believes it in the public interest to do so.
4: Subject to any order under subsection (3) section 200K(1)
200P: Judges entitled to inspect relevant documents
A Judge presiding over proceedings in which the issue of a tracking device warrant is in issue may inspect any relevant document held under section 200K(1)