Utilities Access Act 2010

1: Title
This Act is the Utilities Access Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
The purpose of this Act is to—
a: require utility operators and corridor managers to comply with a national code of practice that regulates access to transport corridors; and
b: provide for the making and administration of that code.
4: Interpretation
In this Act, unless the context otherwise requires,— Code
a: the national code of practice that is approved under section 12
b: if there is no Code approved under section 12 section 18 corridor manager
a: in relation to a road (as defined in section 315(1)
b: in relation to a motorway (as defined in section 2(1)
c: in relation to railway land, the licensed access provider who controls access to the land eligible infrastructure section 8 Minister Ministry railway land section 4 related Ministers Local Government Act 1974 Electricity Act 1992 Gas Act 1992 Government Roading Powers Act 1989 Telecommunications Act 2001 Railways Act 2005 SPV Infrastructure Funding and Financing Act 2020 transport corridor section 315(1) section 2(1) utility operator
a: in relation to electricity infrastructure, an electricity operator as defined in section 2(1)
b: in relation to gas infrastructure, a gas operator as defined in section 2(1)
c: in relation to telecommunications infrastructure, a network operator as defined in section 5
d: in relation to water and wastewater infrastructure,—
i: a local authority as defined in section 5
ii: a person acting on behalf of a local authority in relation to that infrastructure; or
iii: a responsible SPV that is responsible for the construction of eligible infrastructure under the Infrastructure Funding and Financing Act 2020
e: in relation to public letterboxes, a postal operator as defined in section 2(1) Section 4 eligible infrastructure inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 4 SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 4 utility operator replaced 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
5: Act binds the Crown
This Act binds the Crown. Obligation to comply with Code
6: Obligation to comply with Code
1: Utility operators and corridor managers must—
a: co-ordinate work done in transport corridors by complying with the processes and rules set out in the Code; and
b: before applying to the court for an order under section 7
2: In setting reasonable conditions relating to access to the transport corridor, corridor managers must comply with the Code (but only to the extent that the Code is not inconsistent with any applicable criteria for reasonable conditions that are published under an enactment).
3: When carrying out work in a transport corridor, utility operators must comply with the Code—
a: except to the extent that any particular provision of the Code is inconsistent with an enactment, or any standard or other instrument that the utility operator is obliged to comply with; or
b: unless, in a particular situation, the manager of the transport corridor and all affected utility operators agree that the Code need not be complied with.
4: To avoid doubt, an agreement not to comply with the Code does not affect a corridor manager's or utility operator's obligations under an enactment, or under any standard or other instrument with which it is obliged to comply.
5: This section does not apply if there is no Code.
7: Court may order compliance with Code
1: On the application of any utility operator or corridor manager, the District Court section 6
2: The order may require the person against whom it is made to comply with it within a specified time.
3: In considering an application for an order, the court may take into account the practicality and cost of complying with the Code as compared with the practicality and cost of taking other steps that will, in the particular situation under consideration, achieve substantially the same outcome as compliance with the Code. Section 7(1) amended 1 March 2017 section 261 District Court Act 2016
8: Offence to fail to comply with order
A person who, knowing that the person is subject to an order made under section 7 Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Nature of Code
9: Purpose of Code
The purpose of the Code is to enable access by utility operators to transport corridors to be managed in a way that—
a: maximises the benefit to the public while ensuring that all utility operators are treated fairly; and
b: ensures that disruptions to roads, motorways, and railways caused by work by utility operators are kept to a minimum, while maintaining safety; and
c: provides a nationally consistent approach to managing access to transport corridors.
10: Content of Code
1: In order to achieve its purpose, the Code must set out the following:
a: who it applies to:
b: the principles governing how corridor managers deal with utility operators, and how utility operators deal with corridor managers and other utility operators, on issues relating to access to transport corridors:
c: the processes and rules for co-ordinating work done in transport corridors by utility operators, or that affects utility operators' assets:
d: processes for dealing with conflicts of interest arising from the same person being both a corridor manager and a utility operator, or being the operator of different utilities:
e: how the statutory criteria for setting reasonable conditions, when utility operators have a right of access, are to be applied:
f: whether, what, and how any other conditions relating to access may be imposed by corridor managers when utility operators have a right of access:
g: how the criteria (published in accordance with a statutory requirement) for granting access are to be applied when utility operators request access:
h: processes and rules for utility operators and corridor managers to share information:
i: how compliance with the provisions of the Code is to be encouraged and provided for, including 1 or more dispute resolution procedures:
j: operational processes and rules about work done by utility operators within transport corridors:
k: if the Code refers to standards, guidelines, or other documents that are not set out in the Code,—
i: how those standards, guidelines, or other documents (including any amendments and replacements) may be viewed and how copies may be obtained; and
ii: which edition or version of the standard, guidelines, or other document is referred to and whether the reference includes subsequent amendments or replacements.
2: The Code may also—
a: provide for its provisions to be applied differently in different geographic locations, provided the variations comply with subsection (3); and
b: include any other matter that is consistent with the purpose of the Code and not inconsistent with any enactment.
3: Variations referred to in subsection (2)(a) may be allowed by the Code only if the variations—
a: are generally consistent with paragraphs (a) and (b) of the purpose of the Code set out in section 9
b: are in response to particular geographic factors that would result in inefficient or uneconomic outcomes if the standard requirements of the Code were adopted; and
c: have been sought and agreed to by the corridor managers and utility operators in that region; and
d: fairly balance the interests of corridor managers and utility operators. How Code made and administered
11: Preparation of Code
1: A draft Code may be prepared by the Ministry, or by any person or body of persons, using whatever processes the Ministry, person, or body considers appropriate.
2: The process for developing a draft Code must include, at a minimum, the following steps:
a: consultation with utility operators and corridor managers likely to be affected by the Code:
b: publication of a draft Code and release to the public:
c: consideration of comment received on the draft Code:
d: preparation of a revised draft Code in response to comments received.
3: A draft Code may be submitted to the Minister for approval at any time after the steps referred to in subsection (2) have been taken.
4: Any consultation done before this Act comes into force does not count as consultation for the purposes of subsection (2).
12: Approval of Code
1: Within 3 months after receiving a draft Code, the Minister must either approve or reject it.
2: The Minister may approve a draft Code only if—
a: he or she has consulted with the related Ministers; and
b: he or she is satisfied that the draft Code—
i: is capable of achieving the purpose set out in section 9
ii: adequately sets out the matters referred to in section 10(1)
iii: has been developed by a process that includes the steps set out in section 11(2)
iv: is broadly agreed to by the corridor managers and utility operators likely to be affected by the draft Code; and
v: reflects a balance between the interests of corridor managers and those of utility operators.
3: The Minister's decision under this section must be given in writing to whoever submitted the draft Code to the Minister for approval.
4: A Code is secondary legislation ( see Part 3
5: That Act applies as if—
a: the Minister were the maker of the Code; and
b: the Code were made by the Minister approving it. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	notify it in the Gazette •	make it available for sale at a reasonable price at the head office of the Ministry •	publish it on an Internet site that is publicly available at all reasonable times Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 12(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
13: Effect of commencement or revocation of Code
1:
2:
3: It is not intended that any processes, notices, conditions, or other matters that were previously settled should be affected by the Code taking effect or by any subsequent revocation Section 13 heading replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 13(1) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 13(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 13(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
14: Publication of Code
Section 14 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
15: Status of Code
Section 15 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
16: Amendment of Code
1: The Minister may at any time approve an amendment to the Code.
2: Sections 11 to 13
3: Proposals for amendments to the Code must include the following:
a: a statement of the proposed amendment and how it will affect the Code:
b: the reasons for the proposed amendment:
c: a description of the process used to arrive at the proposal, including a description of the parties involved and the level of agreement achieved among them:
d: a description of how the amendments will affect corridor managers and utility operators.
4: However, in the case of a minor amendment that does not materially affect the Code,—
a: section 12(2)
b: the proposed amendment need not—
i: include the matters referred to in subsection (3)(c) and (d); or
ii: comply with section 11(2)(b) to (d) Section 16(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
17: Revocation
1: The Minister may revoke
a: the Code no longer adequately reflects a balance between the interests of corridor managers and those of utility operators; or
b: the Code is not achieving its purpose; or
c: utility operators and corridor managers have significant concerns with, or differences over, the Code, and resolution of the issues appears unlikely.
2: A revocation under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Regulations in place of Code
18: Power to make regulations if no Code
1: The Governor-General may, on the recommendation of the Minister given in accordance with subsection (2), make regulations regulating how access by utility operators to transport corridors is managed.
2: The Minister may not recommend making regulations under this section unless he or she is satisfied that—
a: either—
i: no Code has taken effect and no Code is likely to take effect; or
ii: an existing Code is or is likely to be revoked
b: the regulations set out a code that has the purpose set out in section 9 section 10(1)
c: the regulations are likely to improve the efficiency of utility operators' access to transport corridors, without compromising road or rail safety; and
d: the regulations reflect, as far as possible, any agreements reached by utility operators and corridor managers; and
e: the related Ministers have been consulted and concur in the desirability of making the regulations and the content of the regulations.
3: Regulations made under this section may incorporate by reference any written material that prescribes, defines, or makes other provision for goods, services, processes, or practices that are relevant to the regulations.
4: If material is incorporated by reference in regulations made under this section, the Schedule section 2
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(2)(a)(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021


1: Title
This Act is the New Zealand Railways Corporation Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the New Zealand Railways Corporation Act 1981 2010-08-06 New Zealand Railways Corporation Act 1981
4: Interpretation
Section 2(1) Minister Minister
5: Section 3 repealed
1: Section 3
2: The following provisions are consequentially amended by omitting Minister of Railways Minister
a: section 15(3)
b: section 119(1)
3: The heading to section 30 Minister of Railways Minister
6: New Zealand Railways Corporation
1: Section 4(3) to be the Chairman of the Corporation to be chairperson of the Corporation, and may appoint any other director to be deputy chairperson of the Corporation
2: Section 4
6: The Minister and the Minister of Finance may jointly, at any time and entirely at their discretion, remove any director from office.
3: Section 4
7: The deputy chairperson has and may exercise all the functions and powers of the chairperson if the chairperson is absent or otherwise unable to act. 2004 No 115 s 36(1) cl 5
7: Meetings of directors
1: Section 6(3) is amended by omitting the Chairman or any 4 directors the chairperson, or a majority of the directors,
2: Section 6(5) Chairman chairperson
3: Section 6(5) or she he
4: Section 6(6) Chairman is chairperson and deputy chairperson are
8: New section 7A inserted
The following section is inserted after section 7
7A: Indemnification and insurance
1: The Corporation may indemnify any director or employee, but only in respect of—
a: liability for conduct that comprises acts or omissions by the director or employee in good faith and in the performance or intended performance of the Corporation's functions; and
b: any costs incurred in defending or settling any claim or proceeding relating to liability for such conduct.
2: The Corporation may effect insurance cover for any director or employee, but only in respect of acts or omissions by the director or employee in good faith and in the performance or intended performance of the Corporation's functions. 2004 No 115 ss 122, 123
9: Grant of easements
1: Section 35(1) , and subject to revocation without compensation at any time when the service of the public requires it, and subject also to immediate revocation in case of the breach of any conditions under which the easement was granted:
2: Section 35(1)
3: Section 35(2) Without limiting subsection (1), the Corporation may grant any of the following easements, privileges, or concessions in respect of any railway land, subject to such conditions and payments of rent as it thinks fit:
4: Section 35(3) , including conditions as to revocation without compensation when the service of the public requires it, and such additional conditions as to revocation as the Corporation considers necessary
5: Section 35
6: This section continues to apply to any easement, privilege, or concession granted under it before the New Zealand Railways Corporation Amendment Act 2010 that Act
10: Capital of Corporation
1: Section 36(3) Governor-General on the advice of the Minister of Finance, may by Order in Council increase the capital of the Corporation to such an amount as may be prescribed in that order Minister of Finance may, by notice in the Gazette
2: Section 36(4) Governor-General on the advice of the Minister of Finance may, by Order in Council, decrease the capital of the Corporation to such amount as may be prescribed in that order Minister of Finance may, by notice in the Gazette
11: Sections 40 and 41 repealed
Sections 40 41


1: Title
This Act is the Infrastructure (Amendments Relating to Utilities Access) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
1: The purpose of this Act is to amend a variety of Acts relating to utility operators' access to transport corridors in order to achieve greater certainty and consistency in the rights and obligations of utility operators and corridor managers.
2: In this section, corridor manager transport corridor utility operator section 4 Amendments to Telecommunications Act 2001
4: Amendments to Telecommunications Act 2001
Sections 5 to 12 2010-08-06 Telecommunications Act 2001
5: Criteria for setting reasonable conditions
Section 119
3: However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
4: If the cost to the network operator of complying with a condition referred to in subsection (3)
6: Notice requirement
Section 136
1: Except as provided in section 139, before a network operator proceeds to open or break up any road, the network operator must give notice of the intention to carry out the work to—
a: the local authority or other person who has jurisdiction over the road; and
b: any utility operator (as defined in section 4 Utilities Access Act 2010
7: Network operator to be notified of conditions
Section 137 20 15
8: Failure to notify conditions
Section 138 20-working day 15-working day
9: Construction, etc, of telephone cabinets or other similar appliances
Section 142(2)
a: give notice of its intention to place a cabinet or other appliance on the road to—
i: the local authority or other person who has jurisdiction over the road; and
ii: any utility operator (as defined in section 4 Utilities Access Act 2010 .
10: Network operator to be notified of conditions
Section 143 20 15
11: Failure to notify conditions
Section 144 20-working day 15-working day
12: New heading and sections 147A to 147C inserted
The following heading and sections are inserted after section 147 Local authority, etc, requiring work to be done
147A: Local authority, etc, may require lines, etc, to be moved
1: Where a network operator owns lines, cabinets, or other similar appliances that are on a road, the local authority or other person having jurisdiction over the road may, by notice in writing, require the network operator to raise, lower, or otherwise alter the position of the lines, cabinets, or other similar appliances.
2: If the network operator refuses or fails, within a reasonable period, to do the work required, the person requiring the work may do the work or have it done by some other person.
3: Before doing work as permitted by subsection (2) 1992 No 122 s 32; 1992 No 124 s 33
147B: Cost of work required under section 147A
1: The reasonable cost of all work required to be done under section 147A
2: However, the cost of the work must be paid by the network operator if the reason that the work is required is that the lines, cabinets, or other appliances—
a: were constructed contrary to any of the following:
i: this Act or any regulations made under section 157:
ii: the Telecommunications (Residual Provisions) Act 1987:
iii: the Local Government Act 1974 or the Local Government Act 2002, and any predecessor of those Acts:
iv: the Public Works Act 1981:
v: any local or private Act:
vi: any regulations made under any of the enactments referred to in subparagraphs (ii) to (v)
b: are in a dangerous or unsafe condition.
3: A person that requires work to be done under section 147A
4: The following provisions apply if the person requiring the work is the New Zealand Transport Agency or the agent of the Minister of Transport:
a: the cost of all lines, cabinets, other appliances, and associated equipment that are used in carrying out the required work (other than things used only during the course of construction) must be paid by the network operator:
b: if, as a consequence of the requirement, the network operator elects to fix or install any lines, cabinets, or other appliances over, under, or through any roading structure (being a bridge, underpass, overpass, culvert, or tunnel) that is being, or is to be, constructed or altered, and if the cost of constructing or altering the roading structure is thereby increased, then the network operator must pay the increase in cost:
c: if, as a consequence of the requirement, the network operator relocates the lines, cabinets, or other similar appliances and reconstructs them to specifications different from those of the original lines, cabinets, or other appliances, then, if the costs described in paragraph (d)(i) paragraph (d)(ii)
d: the costs referred to in paragraph (c)
i: what it would have cost to relocate and reconstruct the lines, cabinets, or other similar appliances as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a)
A: any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and
B: the location of the original works and the alternatives reasonably available to the network operator:
ii: the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a)
5: Subsections (1) to (4)
6: The amount of payment required under this section must be determined—
a: by agreement between the person liable for the payment and the person to whom it is payable; or
b: failing such agreement, by arbitration under the Arbitration Act 1996, with 1 arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference. 1992 No 122 s 33; 1992 No 124 s 34
147C: Relationship with section 54 of Government Roading Powers Act 1989
Sections 147A and 147B 1992 No 122 s 34; 1992 No 124 s 35 . Amendments to Electricity Act 1992
13: Amendments to Electricity Act 1992
Sections 14 to 16 2010-08-06 Electricity Act 1992
14: Construction or maintenance of works on roads
Section 24
2: No electricity operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.
15: New section 24A inserted
The following section is inserted after section 24
24A: Criteria for setting reasonable conditions
1: In setting, varying, or revoking reasonable conditions under section 24(2)
a: the safe and efficient flow of traffic (whether pedestrian or vehicular):
b: the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road:
c: the need to lessen the damage that is likely to be caused to property (including structural integrity of the roads) as a result of work on the road:
d: the compensation that may be payable under section 57 for property that is likely to be damaged as a result of work on the road:
e: the need to lessen disruption to the local community (including businesses):
f: the co-ordination of installation of other networks:
g: the co-ordination with road construction work by the local authority or other body or person who has jurisdiction over that road:
h: the need of the electricity operator to establish an electricity network in a timely manner.
2: Nothing in subsection (1) section 24(2)
3: However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
4: If the cost to the network operator of complying with a condition referred to in subsection (3) 2001 No 103 s 119 .
16: Cost of work required under section 32
Section 33(4) within the meaning of section 54(1) of the Government Roading Powers Act 1989 (being the New Zealand Transport Agency or the agent of the Minister of Transport) Amendments to Gas Act 1992
17: Amendments to Gas Act 1992
Sections 18 to 20 2010-08-06 Gas Act 1992
18: Construction or maintenance of fittings on roads
Section 25
2: No gas operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.
19: New section 25A inserted
The following section is inserted after section 25
25A: Criteria for setting reasonable conditions
1: In setting, varying, or revoking reasonable conditions under section 25(2)
a: the safe and efficient flow of traffic (whether pedestrian or vehicular):
b: the health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road:
c: the need to lessen the damage that is likely to be caused to property (including structural integrity of the roads) as a result of work on the road:
d: the compensation that may be payable under section 51 for property that is likely to be damaged as a result of work on the road:
e: the need to lessen disruption to the local community (including businesses):
f: the co-ordination of installation of other networks:
g: the co-ordination with road construction work by the local authority or other body or person who has jurisdiction over that road:
h: the need of the gas operator to establish a gas network in a timely manner.
2: Nothing in subsection (1) section 25(2)
3: However, a condition requiring a network operator to increase amenity values (rather than to merely maintain them) must not be imposed unless the work to be done is in an area identified in a district plan as an area in relation to which, under the district plan, there are particular considerations, or rules or requirements, relating to amenity values.
4: If the cost to the gas operator of complying with a condition referred to in subsection (3) 2001 No 103 s 119 .
20: Cost of work required under section 33
Section 34(4) within the meaning of section 54(1) of the Government Roading Powers Act 1989 (being the New Zealand Transport Agency or the agent of the Minister of Transport) Amendments to Government Roading Powers Act 1989
21: Amendments to Government Roading Powers Act 1989
Sections 22 to 25 2010-08-06 Government Roading Powers Act 1989
22: Powers of Minister over roads under Minister's control
Section 48
3A: Before exercising any power under subsection (3) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Minister (or an officer of the Agency acting on the Minister's behalf) must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
23: Notice to be given of local authority works
1: Section 52
2A: The Agency and the Minister must each publish, on a publicly available Internet site, the criteria that the Agency and the Minister respectively will apply when considering whether to give consent under this section, and must apply those criteria when considering whether to give consent.
2: Section 52
4: This section does not prevail over any provision in the Electricity Act 1992, the Gas Act 1992, or the Telecommunications Act 2001 that relates to works or maintenance on, under, or over a road.
24: Powers and duties of Agency in relation to State highways
Section 61
5A: Before exercising any power under subsection (4) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Agency (or an officer of the Agency acting on the Agency's behalf) must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
25: New section 78A inserted
The following section is inserted after section 78
78A: Response to requests for access to motorway
1: If the Agency receives a request in accordance with subsection (2)
2: The requests to which subsection (1) Amendment to Railways Act 2005
26: Amendment to Railways Act 2005
1: This section amends the Railways Act 2005
2: Section 75
1A: The New Zealand Railways Corporation, and any other licensed access provider that the Minister, by notice in the Gazette
1B: If a local authority or owner of any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications requests, in writing, permission for access to any railway infrastructure or railway premises for the purpose of carrying out work on any such pipe, line, or other works, the licensed access provider or railway premises owner must respond to the request, in writing, within 30 working days of receiving the request. 2010-08-06 Railways Act 2005 Amendment to Local Government Act 1974
27: Amendment to Local Government Act 1974
1: This section amends the Local Government Act 1974
2: Section 319
2: Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger. 2010-08-06 Local Government Act 1974 Transitional provision
28: Transitional provision
To avoid doubt, the amendments made by this Act are intended to apply prospectively only and do not apply to or affect any notice given, request made, condition proposed or agreed to, or any other thing done before this Act comes into force.


Education Amendment Act (No 2) 2010

1: Title
This Act is the Education Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on 27 September 2010.
3: Principal Act amended
This Act amends the Education Act 1989 2010-09-27 Education Act 1989
4: Student allowances
Section 303
3B: The rates of student allowances set under this section (except the rates of allowances provided in respect of accommodation expenses) must be adjusted, by regulations made under subsection (1), as at 1 April each year so that in each case the new rate (after the deduction of standard tax) is the rate at that date (after the deduction of standard tax and before the adjustment under this section is made) adjusted by an amount equal to the percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
3C: The adjustments (by any percentage movement upwards in the CPI) required under subsection (3B) as at 1 April 2011, 1 April 2012, and 1 April 2013 must, despite subsections (3B) and (3F), be calculated,—
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
3D: An adjustment under subsection (3B) must not reduce the weekly amounts of student allowances payable.
3E: Every adjustment made under subsection (3B) comes into force, or is considered to have come into force, on 1 April of the calendar year in which it is made, and applies to student allowances payable on and after that date.
3F: In this section,— CPI standard tax M section 24B of the Tax Administration Act 1994


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2010.
2: Commencement
1: Sections 1 to 3 4(1)
2: Section 4(2)
3: Principal Act amended
This Act Children, Young Persons, and Their Families Act 1989 2010-08-24 Children, Young Persons, and Their Families Act 1989 Section 4(1) 2010-09-27 Children, Young Persons, and Their Families Act 1989 Section 4(2)
4: Payment to person or organisation providing care
1: Section 363
4: Subsections (1) to (3) do not apply, and must be treated as never having applied, in respect of a child's or young person's placement with his or her parent (before or after the commencement of this subsection) if—
a: the child or young person is or was a child or young person to whom section 361 applies or applied; and
b: under section 362, the child or young person is or was placed in the charge of the parent.
2: Section 363
5: The minimum rates of payment determined under subsection (1) in respect of the board and lodgings of children and young persons must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate is the rate as at that date adjusted by any percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
6: The adjustments (by any percentage movement upwards in the CPI) required under subsection (5) subsections (5) and (9)
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
7: An adjustment under subsection (5)
8: Every Order in Council made under subsection (5)
9: In this section, CPI


1: Title
This Act is the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Repeal of Affordable Housing: Enabling Territorial Authorities Act 2008
3: Repeal of Affordable Housing: Enabling Territorial Authorities Act 2008
The Affordable Housing: Enabling Territorial Authorities Act 2008 2010-08-06 Affordable Housing: Enabling Territorial Authorities Act 2008
4: Amendment to Building Act 2004
1: This section amends the Building Act 2004
2: Section 49(2)
a: omitting ; and
b: repealing paragraph (c). 2010-08-06 Building Act 2004
5: Amendments to Goods and Services Tax Act 1985
1: This section amends the Goods and Services Tax Act 1985
2: Section 5
3: Section 11B 2010-08-06 Goods and Services Tax Act 1985
6: Amendment to Housing Corporation Act 1974
1: This section amends the Housing Corporation Act 1974
2: Section 3B
a: omitting ; and
b: repealing paragraph (c). 2010-08-06 Housing Corporation Act 1974
7: Amendment to Local Government Act 2002
1: This section amends the Local Government Act 2002
2: Schedule 10 2010-08-06 Local Government Act 2002 Amendment to Property Law Act 2007
8: Amendment to Property Law Act 2007
1: This section amends the Property Law Act 2007
2: The following section is inserted after section 277
277A: Certain covenants void
1: A covenant concerning land is void if a principal purpose of the covenant is to stop the land being used for housing for—
a: people on low incomes; or
b: people with special housing needs; or
c: people whose disabilities mean that they need support or supervision in their housing.
2: Without limiting the covenants that are void under subsection (1)
a: a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, any other central or local government body, or a private body that may facilitate the occupation of housing on the land by people selected by the corporation or the body:
b: a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, a subsidiary company of Housing New Zealand Corporation, any other central or local government body, or a private body that provides housing to tenants on a subsidised basis:
c: a covenant that the transferee will not directly or indirectly convey the land to a central or local government body or a private body for the purposes of public or institutional housing.
3: This section applies only to covenants entered into on or after the day on which this section comes into force. 2008 No 67 ss 30, 34 . 2010-08-06 Property Law Act 2007


1: Title
This Act is the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010.
2: Commencement
1: Sections 4(1) 14 17 30 31
2: Sections 4(14) to (17) 8 Schedule 2
3: The rest of this Act comes into force on 27 September 2010.
3: Principal Act amended
This Act Social Security Act 1964 2010-08-24 Social Security Act 1964 sections 4(1), 14, 17, 30, and 31 2011-05-02 Social Security Act 1964 Sections 4(14) to (17), section 8, and Schedule 2 2010-09-27 Social Security Act 1964 The rest of this Act other than shown above.
4: Interpretation
1: The definition of dependent child section 3(1) dependent child
a: means a child—
i: whose care is primarily the responsibility of the person; and
ii: who is being maintained as a member of that person's family; and
iii: who is financially dependent on that person:
b: does not include a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989:
c: despite paragraph (b)
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person:
d: for the purposes only of Schedules 3, 6, 9, 16, 17, and 18 of this Act, does not include a child in respect of whom an orphan's benefit or an unsupported child's benefit is being paid .
2: Section 3(1) employment plan health practitioner work-tested domestic purposes beneficiary
a: who has been granted a domestic purposes benefit under section 27B; and
b: whose youngest dependent child is aged 6 years or older, but under 18 years, or is aged 18 years and is a child in respect of whom that benefit is paid, or continues to be paid, under section 63A .
3: The definition of Income Test 1 section 3(1)
a: omitting $80 $100
b: omitting $180 $200
4: The definition of Income Test 2 section 3(1)
a: by omitting $80 $100
b: by omitting $180 $200
5: The definition of Income Test 3 section 3(1) Income Test 3
a: if the rate of benefit is a rate of New Zealand superannuation stated in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001
b: in any other case, $80 a week .
6: The definition of Income Test 5 section 3(1)
7: Paragraph (a) of the definition of part-time work-tested beneficiary section 3(1) or a work-tested domestic purposes beneficiary work-tested spouse or partner
8: The definition of personal development and employment plan section 3(1)
9: The definition of work-tested beneficiary section 3(1)
f: a work-tested domestic purposes beneficiary .
10: The definition of work-tested benefit section 3(1)
e: in relation to a work-tested spouse or partner—
i: a sickness benefit; or
ii: an emergency benefit; or
iii: an invalid's benefit; or
f: in relation to a work-tested domestic purposes beneficiary, a domestic purposes benefit under section 27B .
11: Paragraph (b) of the definition of work-tested spouse or partner section 3(1) either
12: Paragraph (c) of the definition of work-tested spouse or partner section 3(1) or an emergency benefit
13: The definition of work-tested spouse or partner section 3(1)
ca: the spouse or partner of a person granted an emergency benefit at a work-tested married rate if the chief executive has, under section 61A(1A) .
14: Section 3(1) work-tested sickness beneficiary section 54DA(1) .
15: Section 3(1) part-time work-tested beneficiary part-time work-tested beneficiary
a: a person with a youngest dependent child aged 6 or older, but under 18 years, and who is—
i: a work-tested spouse or partner; or
ii: a work-tested domestic purposes beneficiary; or
b: a person who is a work-tested sickness beneficiary .
16: The definition of work-tested beneficiary section 3(1) ; or
g: a work-tested sickness beneficiary .
17: The definition of work-tested benefit section 3(1) ; or
g: in relation to a work-tested sickness beneficiary, a sickness benefit .
5: Domestic purposes benefits for solo parents
Section 27B
2A: A person who receives a benefit under this section must—
a: comply with—
i: a requirement under section 60Q; and
ii: any other obligation arising under any of sections 60Q to 60S; or
b: comply with the work test if that person is a work-tested domestic purposes beneficiary.
6: Sickness benefit: medical examinations
Section 54B(1) ; or
d: a health practitioner of a kind specified in regulations made under section 132 (in respect of a condition within the ambit of his or her scope of practice).
7: Rates of sickness benefit
1: Section 54D(1) , unless subsection (2) applies
2: Section 54D(2)
8: New section 54DA inserted
1: The following section is inserted after section 54D
54DA: Sickness beneficiary may be required to comply with work test
1: The chief executive may, by notice in writing, require a person who is granted a sickness benefit under section 54 to comply with the work test from a date specified in the notice if the chief executive, having regard to the certificate and any report obtained under section 54B, is satisfied that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work.
2: The date specified in a notice under subsection (1)
a: in the case of a new grant of the benefit, may be the date on which the benefit is first paid; but
b: in any case, must not be a date before the date on which the chief executive reasonably considers the person will receive the notice.
3: The chief executive may at any time, whether on the application of the person or otherwise, review a requirement under subsection (1)
2: The principal Act is consequentially amended in the manner set out in Schedule 2
9: Independent youth benefits: obligations
1: Section 60GAB(2)(a) the person has previously agreed in writing to undertake
2: Section 60GAB(2)(b) when required by the chief executive, to be
10: Interpretation
1: The definition of personal development and employment plan plan section 60O
2: Section 60O employment plan
a: has goals to assist the beneficiary to move towards employment:
b: sets out a plan of action designed to meet the goals referred to in paragraph (a)
c: includes a statement of the information the department will provide to assist the beneficiary to do 1 or more of the following:
i: achieve the goals referred to in paragraph (a)
ii: improve his or her employment capabilities:
iii: obtain employment:
d: includes, if agreed to by the chief executive, a statement of the assistance that the department will provide to assist the beneficiary to do 1 or more of the things described in paragraph (c)(i) to (iii) .
11: Purpose of sections 60Q to 60Z
Section 60P(a) (other than work-tested domestic purposes beneficiaries) domestic purposes beneficiaries
12: Personal development and employment plans
Section 60Q(6)(a)
ii: a benefit under section 27B (the domestic purposes benefit for solo parents) if the recipient has a dependent child under the age of 6 years; or .
13: Obligations of spouse or partner of person granted emergency benefit
Section 61A
1A: The chief executive may, by notice in writing, require the spouse or partner of a person granted an emergency benefit at a work-test married rate to comply with the work test if the chief executive is satisfied that it is appropriate and reasonable to require that spouse or partner to seek, undertake, and be available for—
a: part-time work, in the case of a spouse or partner whose youngest dependent child is aged 6 or older but under 18 years; or
b: full-time employment, in any other case.
14: Interpretation
1: The definition of accommodation costs section 61E(1)
a: in relation to premises rented by the person, the amount payable by the person for rent of the premises, excluding any service costs included in that rent and any arrears: .
2: Paragraph (b) of the definition of accommodation costs section 61E(1) any service costs and excluding
3: Section 61E(1) service costs
a: means the cost as reasonably determined by the chief executive of any services (for example, electricity supply, gas supply, telephone network connection, or broadband Internet connection) provided to or in connection with the premises for consumption or use by the occupants of the premises; but
b: does not include the cost of water supplied to the premises .
15: New section 61HA inserted
The following section is inserted after section 61H
61HA: Annual CPI adjustment of rates of certain benefits
1: In this section, CPI
2: The rates of benefits set out in Schedules 3, 4, 6, 9, 16, 17, and 26, and in clause 1 of Schedule 22 must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate is the rate at that date adjusted by any percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
3: The adjustments (by any percentage movement upwards in the CPI) required under subsection (2) subsections (1) and (2)
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
4: An adjustment under subsection (2)
5: Every Order in Council made under subsection (2)
6: Section 61H(3) to (6) apply to every Order in Council made under subsection (2)
16: Payment of benefits
Section 82
6A: Despite subsection (3), if the immediate needs of the beneficiary relate to the supply of any goods or services to the beneficiary or a member of the beneficiary's family, the chief executive may pay the whole or any part of an advance payment of a benefit under subsection (6) to the supplier of the goods or services.
6B: The chief executive may, in circumstances prescribed by regulations made under section 132K section 132K
6C: Subsection (6D)
a: the applicant or the applicant's spouse or partner has failed to take reasonable steps to reduce his or her costs or increase his or her income or better manage his or her finances; or
b: the applicant or the applicant's spouse or partner has failed to take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance; or
c: the applicant or the applicant's spouse or partner has failed to comply with any requirement of the chief executive to undertake a budgeting activity under subsection (6B)
6D: If this subsection applies, the chief executive may refuse to make an advance payment of a benefit under subsection (6), or any subsequent advance payment of a benefit, to or in respect of the applicant.
17: New section 86K inserted
The following section is inserted after section 86J
86K: Validation of benefit payments and other payments in respect of certain children in care
1: This section applies to any payment before the commencement of this section of a benefit or other assistance under this Act to a person in respect of a child who is a dependent child within the meaning of paragraph (c) section 4(1)
2: The payment must be taken to be, and to always have been, as valid and authorised as if that definition were in force, and applied in respect of the payment, when it was made.
18: New sections 99AA and 99AB inserted
The following sections are inserted after section 99
99AA: Unemployment benefit: expiry
1: If it has not ceased earlier, an unemployment beneficiary's entitlement to the unemployment benefit ceases on the expiry date for that benefit (as defined in subsection (5) section 99AB
2: The chief executive must, not less than 20 working days before the expiry date for an unemployment benefit, give notice to the beneficiary stating—
a: that entitlement to the benefit will cease unless the beneficiary reapplies for the benefit and it is re-granted; and
b: the date on which entitlement to the benefit will cease; and
c: what the beneficiary must do to reapply for the benefit and the time within which he or she must do so.
3: Subsection (2)
a: is suspended because the beneficiary is undertaking temporary employment; or
b: is not for the time being payable under this Act (for example, under section 76 or 77); or
c: is suspended under any provision of this Act other than section 117
4: However, if at any time before the expiry date for the benefit any of the circumstances described in subsection (3) paragraphs (a) to (c) of subsection (2)
5: In this section and in section 99AB expiry date unemployment beneficiary
a: a person who has been granted an unemployment benefit under section 89; or
b: a person who has been re-granted an unemployment benefit under section 99AB
99AB: Unemployment benefit: requirements for re-grant
1: No unemployment benefit may be re-granted under this section to a person to whom section 99AA
a: the department has received—
i: a reapplication form (provided by the chief executive for the purpose) completed by or on behalf of the beneficiary and his or her spouse or partner (if any) to the chief executive's satisfaction; and
ii: any supporting evidence reasonably required by the chief executive; and
b: the beneficiary and the beneficiary's work-tested spouse or partner (if any) have participated, to the satisfaction of the chief executive, in a comprehensive work assessment of a kind specified by the chief executive.
2: Subsection (1)(b) subsection (8)
3: If, in relation to a person, the requirements of subsection (1)
a: the chief executive must re-grant the person's unemployment benefit if the chief executive is satisfied that the person meets or continues to meet the eligibility criteria for the benefit set out in section 89:
b: if re-granted, the benefit commences on that expiry date.
4: If, in relation to a person, the requirements of subsection (1)
a: the chief executive must re-grant the person's unemployment benefit if the chief executive is satisfied that—
i: the person meets the eligibility criteria for the benefit set out in section 89; and
ii: after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to—
A: seek, and be available for, full-time employment; and
B: be willing and able to undertake it; and
C: take reasonable steps to find it:
b: if re-granted, the benefit commences on that expiry date.
5: If a person intending to reapply for an unemployment benefit contacts the department on or before the expiry date for the person's unemployment benefit,—
a: the chief executive may set a time (not later than 10 working days after that expiry date) for completing the requirements of subsection (1)
b: if those requirements are completed within that time, the chief executive may re-grant the benefit under subsection (4)
6: Subsections (1) to (5) section 11D(1)
7: An unemployment benefit must not be re-granted under this section to a person, and any reapplication form received from or on behalf of that person must be treated as an application form for the purposes of section 11D(2) subsection (1)
a: are not completed within 20 working days after the expiry date for the person's unemployment benefit; or
b: were completed within that time but after that expiry date, and the chief executive is satisfied that there were no exceptional circumstances why those requirements could not have been completed on or before that expiry date.
8: For the purposes of this section, a failure of a beneficiary's work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subsection (1)(b)
a: must not be treated as a failure to complete the requirements of subsection (1)
b: must be treated as a failure by that spouse or partner to comply with his or her work test obligations.
19: New section 101 inserted
The following section is inserted before section 102
101: Purpose of sections 102 to 123D
The purpose of sections 102
a: to ensure that work-tested beneficiaries maintain an unrelenting focus on entering, or returning to, employment:
b: to reinforce the continuing obligation of work-tested beneficiaries to take reasonable steps to support themselves and their families:
c: to identify the activities that work-tested beneficiaries may be required to undertake to meet their obligations arising from work-tested benefits being paid in respect of them:
d: to provide a work test structure applying to all work-tested beneficiaries that is sufficiently flexible to take account of an individual beneficiary's circumstances.
20: New sections 102 and 102A substituted
Section 102
102: Application of work test
1: The work test applies to a person while he or she is a work-tested beneficiary, and unless subsection (2) section 102A
2: The work test does not apply to a work-tested beneficiary if the chief executive is satisfied that the beneficiary is undertaking employment of the kind required to satisfy the work test for that beneficiary.
3: A work test obligation set out in section 102A
a: a day that is a day between Monday and Friday (inclusive); or
b: a day of the week on which regulations under this Act provide (in relation to the obligation, obligations that include it, or all obligations) that it applies.
102A: Work test obligations
1: The work test obligations are—
a: to be available for, and take reasonable steps to obtain, suitable employment; and
b: to accept any offer of suitable employment, including temporary employment or employment that is seasonal or subsidised; and
c: to attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and
d: when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and
e: when required by the chief executive, to undertake planning for employment; and
f: when required by the chief executive, to participate in or, as the case requires, undertake any of the following activities that the chief executive considers suitable for the beneficiary to improve the beneficiary's work-readiness or prospects for employment:
i: any work assessment specified by the chief executive:
ii: any programme or seminar specified by the chief executive to increase particular skills or enhance motivation:
iii: a work experience or work exploration activity specified by the chief executive:
iv: employment-related training specified by the chief executive:
v: any other activity specified by the chief executive (including rehabilitation but not medical treatment); and
g: to report to the department on his or her compliance with his or her work test obligations as often, and in the manner, as the chief executive from time to time reasonably requires; and
h: in the case of a person in respect of whom a job seeker agreement was in force immediately before the commencement of section 23
i: to undertake the job-search activities set out in the agreement; and
ii: to undertake and complete any job seeker development activity or recognised community activity described in the agreement (subject to the chief executive's taking reasonable steps to arrange for the person to undertake the activity); and
iii: to undertake and complete any other activities set out in the agreement.
2: Subsection (1)(f)
3: A person cannot be required under subsection (1) subsection (1)(h)
4: The failure by a beneficiary to undertake or complete a recognised community activity or activity in the community, as set out in a job seeker agreement that continues to apply to him or her, is not a failure to comply with a work test obligation for the purpose of section 115(1)(a).
5: If the chief executive requires a beneficiary to undertake an activity under subsection (1)(f)
21: Section 103 repealed
Section 103
22: Exemption from obligations
1: Section 105(1) the work test some or all of his or her work test obligations
2: Section 105(5) the work test all of his or her work test obligations
23: Sections 105A, 105B, and 105D and heading above section 105A repealed
Sections 105A 105B 105D section 105A
24: Section 110 and heading above section 110 repealed
Section 110
25: Sanctions that may be imposed for failures
1: Section 117(1)
a: for a first failure,—
i: the person's benefit must be reduced by 50% until the person recomplies; and
ii: if the person has not recomplied within 4 weeks after the date on which the reduction took effect, the person's benefit must be reduced by a further 50% (so that the total reduction is 100%) until the person recomplies: .
2: Section 117
4: If a person's unemployment benefit is reduced or suspended under subsection (1) and the person is re-granted an unemployment benefit under section 99AB
26: Calculation of failure rate
1: Section 119(1)(a) but and
2: Section 119(1)
ab: if the benefit being paid in respect of the beneficiary is a work-tested benefit ( benefit A benefit B .
3: Section 119
3A: For the purpose of subsection (1)(a), the chief executive must treat an unemployment benefit that expires under section 99AA section 99AB
4: Section 119(5) subsection (2) subsection (3)
27: Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
1: Section 120(1) suspension reduction, suspension,
2: Section 120
1A: If the reduction, suspension, or cancellation under section 117 of a benefit payable at a work-test married rate results from failures of both spouses or partners to comply with work test obligations, and they have no dependent children,—
a: the reduction, suspension, or cancellation in respect of each spouse or partner applies only to 50% of the applicable rate of the benefit before abatement on account of income payable in respect of that spouse or partner; and
b: any amount of the benefit payable to the spouses or partners after that reduction, suspension, or cancellation is applied is subject to the appropriate income test but at half the abatement rate under that test.
3: Section 120(2)
a: omitting under section under section 60H or
b: inserting section 60H(3) applying to both work-tested spouses or partners or from
28: Meaning of recompliance
Section 122
a: in the case of a work-tested beneficiary, an activity that is the same as, or substantially similar to, the activity that the person failed to comply with under the applicable work test obligation; or .
29: Regulations
Section 123D(a) the work test some or all of their work test obligations
30: Regulations relating to childcare assistance
Section 132AC(2) to (4)
31: New section 132K inserted
The following section is inserted after section 132J
132K: Regulations relating to advance payments of benefit
1: The Governor-General may, by Order in Council, make regulations for the purpose of section 82(6) (which relates to advance payments of a benefit), including, without limitation, provisions that—
a: specify the manner and form in which an application for advance payments of a benefit may be made under that section, which may differ depending on the number of times the beneficiary has applied for advance payments of a benefit under that section, or for special assistance under section 124(1)(d), or for both:
b: define the kinds of budgeting activities that the chief executive may require a person to undertake under section 82(6B)
c: prescribe the circumstances in which the power referred to in section 82(6B)
2: Nothing in subsection (1)
32: Regulations relating to this Part
Section 155
2A: The adjustments (by any percentage movement in the All Groups index number of the New Zealand Consumers Price Index) required under subsection (2) as at 1 July 2011, 1 July 2012, and 1 July 2013 must, despite that subsection, be calculated,—
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using, for those quarters, the All Groups index numbers of the New Zealand Consumers Price Index published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using, for those quarters, the All Groups excluding cigarettes and other tobacco products index numbers of the New Zealand Consumers Price Index published by Statistics New Zealand.
33: Schedule 8 repealed
Schedule 8
34: Schedule 31 amended
Clause 12 of Schedule 31 $807.04 $821.04
35: Consequential amendments
1: The principal Act is amended in the manner indicated in Parts 1 to 8
2: The regulations specified in Part 9 2010-09-27 Social Security (Application of Work Test Obligations) Regulations 2007 Social Security (Childcare Assistance) Regulations 2004 Transitional provisions
36: Transitional provision relating to personal development and employment plans
Any personal development and employment plan made and in force immediately before the commencement of this Act is to be treated as an employment plan made under section 60Q
37: Transitional provisions relating to job seeker agreements and job seeker development activities
1: Despite the commencement of this Act, any job seeker agreement in force before the commencement of this Act continues in force for the purpose of section 102A(1)(h)
2: Despite the commencement of this Act, any job seeker development activity defined, and any conditions of any job seeker development activity specified, under section 110 section 102A(1)(h)
38: Transitional provisions relating to sanctions under former section 117(1)(a)
1: In this section, former section 117(1)(a) section 117(1)(a)
2: This section applies to a beneficiary who,—
a: on the commencement of this Act, is subject to a sanction of suspension of his or her benefit imposed under the former section 117(1)(a); or
b: before the commencement of this Act, has been given written notice under section 113(2) section 117(1)(a)
3: For the purposes of completing or imposing the sanction referred to in subsection (2) section 117(1)(a)
39: Transitional provision relating to exemptions from the work test
Every exemption from the work test granted under section 105(1) Amendments to Social Security (Childcare Assistance) Regulations 2004
40: Social Security (Childcare Assistance) Regulations 2004 amended
Sections 41 to 43 Social Security (Childcare Assistance) Regulations 2004 2010-09-27 Social Security (Childcare Assistance) Regulations 2004
41: Rate of childcare subsidy
Regulation 18
1: A childcare subsidy is payable,—
a: until the close of 27 September 2013 Schedule 2
b: if paragraph (a) Schedule 1
42: New regulation 24 substituted
Regulation 24
24: Rate of OSCAR subsidy
An OSCAR subsidy is payable,—
a: until the close of 27 September 2013 Schedule 2
b: if paragraph (a) Schedule 1
43: New Schedules 1 and 2 substituted
The Schedule Schedule 3 Amendment to Social Security (Application of Work Test Obligations) Regulations 2007
44: Social Security (Application of Work Test Obligations) Regulations 2007 amended
Section 45 Social Security (Application of Work Test Obligations) Regulations 2007 2010-09-27 Social Security (Application of Work Test Obligations) Regulations 2007
45: Application of work test obligations
Regulation 4
2A: The work test obligation set out in section 102A(1)(f)


1: Title
This Act is the Taxation (Definitions of Dependent Child) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2010-08-24 Income Tax Act 1976 Income Tax Act 1994 Income Tax Act 2004 Income Tax Act 2007
3: Purpose
The purpose of this Act dependent child Income Tax Act 1976 Income Tax Act 1994 Income Tax Act 2004 Income Tax Act 2007 Amendment to Income Tax Act 1976
4: Interpretation
1: In section 374A, in the definition of dependent child
da: despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person; and .
2: Subsection (1) Amendment to Income Tax Act 1994
5: Definitions
1: In section OB 1, in the definition of dependent child
da: despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person; and .
2: Subsection (1) Amendment to Income Tax Act 2004
6: Definitions
1: In section OB 1 dependent child
da: despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person; and .
2: Subsection (1) subpart KD Amendment to Income Tax Act 2007
7: Definitions
1: In section YA 1 dependent child dependent child
a: means a child—
i: whose care is primarily the responsibility of the person; and
ii: who is maintained as a member of that person's family; and
iii: who is financially dependent on that person:
b: does not include a child in relation to whom—
i: a payment is made under section 363 of the Children, Young Persons, and Their Families Act 1989:
ii: a benefit is being paid under section 28 or 29 of the Social Security Act 1964:
c: despite paragraph (b)(i)
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person .
2: Subsection (1)


War Pensions Amendment Act (No 2) 2010

1: Title
This Act is the War Pensions Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on 27 September 2010.
3: Principal Act amended
This Act amends the War Pensions Act 1954 2010-09-27 War Pensions Act 1954
4: Interpretation
The definition of Income Test 3 section 67(1) $80 $100
5: Abatement
1: Section 74D(3)(a) and (4)(a) $80 $100
2: Section 74D $180 $200


1: Title
This Act is the Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council. OIC SR 2010/422) 2011-01-01 Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 Section 2 Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 1 January 2011 Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 Commencement Order 2010
3: Principal document amended
This Act, in accordance with section 9F(1)
4: Note 3 amended
Note 3 is amended by inserting the following item in its appropriate alphabetical order of preferential abbreviation: Hong Kong, China HK