Integrity Sport and Recreation Act 2023

1: Title
This Act is the Integrity Sport and Recreation Act 2023.
2: Commencement
1: This Act comes into force on a single date to be appointed by the Governor-General by Order in Council.
2: If this Act has not earlier been brought into force by Order in Council, it comes into force on 1 July 2024.
3: An Order in Council made 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 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to establish the Commission to—
a: enhance integrity within sport and physical recreation to protect and promote the safety and well-being of participants and the fairness of competition:
b: with respect to anti-doping, give effect to the World Anti-Doping Code in New Zealand in order to achieve the Code’s purposes of—
i: protecting athletes’ fundamental right to participate in doping-free sport and in this way promote health, fairness, and equality for athletes worldwide; and
ii: ensuring harmonised, co-ordinated, and effective anti-doping programmes at an international and national level with regard to detection, deterrence, and prevention of doping.
4: Interpretation
1: In this Act, unless the context otherwise requires,— anti-doping rules section 23 Commission section 8 document section 4 integrity code section 19 Minister national recreational organisation national sporting organisation organisation participant
a: an individual who is a player, competitor, or any other person who takes part in the sport or physical recreation; and
b: an official or administrator; and
c: a coach, trainer, or other person who gives instruction in the sport or physical recreation; and
d: a manager, an agent, or a team staff member; and
e: a person providing medical or paramedical services to an individual in paragraph (a) or a team or group; and
f: a parent or caregiver of an individual in paragraph (a); and
g: any other person working with, treating, or assisting an individual in paragraph (a) or a team or group; and
h: a volunteer providing services for the sport or physical recreation rainbow people sport and physical recreation sector
a: organisations with a primary purpose of providing opportunities for participation in sport or organised physical recreation; and
b: participants; and
c: organisations with a primary purpose of providing services to organisations described in paragraph (a) or to participants (for example, participant associations, the New Zealand Olympic Committee Incorporated, and Paralympics New Zealand); and
d: employees of organisations described in paragraphs (a) and (c) Sport and Recreation New Zealand section 7(1) Sports Tribunal section 29 threat to integrity section 5 World Anti-Doping Agency World Anti-Doping Code
2: Nothing in the definitions of participant and sport and physical recreation sector limits or affects the meaning of the terms athlete, athlete support person, and participant in the World Anti-Doping Code or the anti-doping rules.
3: A reference in this Act to a person being vulnerable
5: Meaning of threat to integrity
In this Act, unless the context otherwise requires, threat to integrity
a: manipulation or attempted manipulation of the result or course of a sporting competition or activity:
b: sports betting activity connected with competition manipulation or the misuse of inside information connected with competition manipulation or sports betting:
c: doping in sport:
d: racism, discrimination that is unlawful under Part 2
e: corruption, fraud, and other forms of deception or breach of trust in sport or organised physical recreation:
f: a failure by an organisation in the sport and physical recreation sector to take reasonable measures to—
i: prevent manipulation or attempted manipulation of sporting competitions and the misuse of inside information for sports betting; or
ii: prevent sports betting activity connected with competition manipulation or the misuse of inside information connected with competition manipulation or sports betting; or
iii: prevent doping in sport; or
iv: protect all participants in sport or organised physical recreation from racism, discrimination that is unlawful under Part 2
v: safeguard children in sport or organised physical recreation; or
vi: prevent corruption, fraud, and other forms of deception or breach of trust in sport and organised physical recreation.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Integrity Sport and Recreation Commission
8: Integrity Sport and Recreation Commission established
1: This section establishes the Integrity Sport and Recreation Commission.
2: The Integrity Sport and Recreation Commission is a Crown entity for the purposes of the Crown Entities Act 2004
3: The Crown Entities Act 2004
9: Commission must act independently
Except as expressly provided otherwise in this or any other Act, the Commission must act independently in performing its functions and duties and in exercising its powers under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 2006 No 58 s 8
10: Board of Commission
The board of the Commission consists of at least 7, but not more than 9, board members.
11: Eligibility for appointment as member of board
1: When considering whether to recommend a person for appointment as a member of the board of the Commission, the Minister must ensure that—
a: the board collectively has knowledge and experience in matters relevant to the functions of the Commission, including knowledge of and experience in—
i: law; and
ii: athlete and participant health and well-being; and
iii: sport and physical recreation sector participation and administration, such as participant associations; and
iv: human rights, in particular the rights of children and young people and the rights of rainbow people; and
v: te Tiriti o Waitangi Treaty of Waitangi
b: at least 2 members of the board have experience and expertise in te ao Māori and tikanga Māori.
2: A person who is a member of the board, or an employee, of Sport and Recreation New Zealand or a subsidiary of Sport and Recreation New Zealand is not eligible to be a member of the board of the Commission.
12: Objective of Commission
In performing its functions and exercising its powers under this Act, the Commission’s objective is to achieve the purposes in section 3(a) and (b)
a: preventing and addressing threats to integrity in sport and organised physical recreation; and
b: promoting participants’ trust and confidence in integrity within the sport and physical recreation sector.
13: Functions of Commission
The functions of the Commission are— Promoting, advising, and leading on integrity in sport and recreation
a: to provide advice, support, education, and guidance relating to integrity in sport and organised physical recreation:
b: to advocate and promote respect for, and enhance understanding and appreciation of, integrity in sport and organised physical recreation:
c: to engage with the sport and physical recreation sector to monitor developments relating to integrity:
d: to be a leader on integrity issues in sport and organised physical recreation within Government and to co-ordinate with relevant international bodies: Integrity codes, investigations, discipline, and dispute resolution
e: to develop and issue integrity codes under Part 3
f: to provide mechanisms for complaints and disclosures relating to integrity in the sport and recreation sector:
g: to provide accessible, age appropriate, and culturally responsive mechanisms for resolution of disputes relating to integrity between persons or organisations involved in sport and organised physical recreation:
h: to investigate matters relating to integrity in the sport and physical recreation sector in accordance with Part 4
i: to provide a disciplinary process for breaches of integrity codes: Sports anti-doping
j: to make anti-doping rules in accordance with sections 23 to 26
k: to do all things necessary to comply with and implement the anti-doping rules:
l: to do all things necessary to comply with and implement any Article of the World Anti-Doping Code that—
i: is not required to be reflected in the anti-doping rules; but
ii: requires the Commission to do something:
m: to facilitate compliance by New Zealand with all international agreements and arrangements concerning doping in sport to which New Zealand is a party:
n: to test athletes who are not citizens or residents of New Zealand, and notify the test results, in accordance with bilateral or multilateral agreements entered into with foreign Governments, foreign anti-doping organisations, or other signatories to the World Anti-Doping Code, and enter into reciprocal testing agreements in relation to athletes who are citizens or residents of New Zealand:
o: to consult, advise, and assist—
i: government departments, local authorities, Sport and Recreation New Zealand, the New Zealand Olympic Committee Incorporated, Paralympics New Zealand, national sporting organisations, athletes, and other bodies or persons on any matters concerned with doping in sport, and related matters:
ii: government and non-government organisations and other persons overseas, for the purpose of promoting the adoption of uniform international testing procedures for doping in sport: General
p: to advise the Minister from time to time on any matters related to integrity in sport and organised physical recreation:
q: to generally take all steps necessary or desirable to achieve the purposes in section 3(a) and (b)
r: to perform any other functions that—
i: are conferred on the Commission by this or any other enactment; or
ii: the Minister may direct in accordance with section 112
14: Requirements for Commission’s procedures
1: In the performance of its functions and the exercise of its powers, the Commission must establish for its use procedures that—
a: are appropriate and fair in the circumstances; and
b: reflect the needs of participants; and
c: protect participants’ human rights, including their right to privacy; and
d: promote the best interests of children and young people; and
e: comply with the anti-doping rules and integrity codes.
2: In this section, the needs of participants 2006 No 58 s 15(3)
15: Duties of Commission when carrying out its functions
The Commission must maintain the capability and capacity to carry out its functions in a manner that is responsive to—
a: tikanga Māori and the rights and interests of Māori; and
b: te Tiriti o Waitangi Treaty of Waitangi
16: Commission to have effective means of seeking views
The Commission must establish effective means of seeking the views of participants, Māori, and other relevant stakeholders, including Pacific peoples, disabled people, children and young people, women and girls, and rainbow people.
17: Application of functions and powers outside New Zealand and to matters occurring outside New Zealand
1: The Commission’s functions may be performed, and its powers may be exercised, outside New Zealand if permitted, or required, under an international agreement to which New Zealand is a party.
2: The Commission may exercise the power under section 31 subpart 4
3: The Commission may exercise the power under section 32
a: an organisation that is established in, or primarily operates in, New Zealand; or
b: a participant whose participation in a sport or organised physical recreation event or activity is being facilitated by an organisation described in paragraph (a) at the time of the act or omission.
4: The Commission may exercise a power conferred under section 19(3)(e)(i) 23(4)(a) section 34 2006 No 58 s 15(1)
18: Commission may perform functions in co-operation with others
The Commission may perform any of its functions in co-operation with any person, body, association, or organisation. 2006 No 58 s 15(2)
3: Integrity codes and anti-doping rules
Integrity codes
19: Commission may make integrity codes
1: The Commission may make 1 or more integrity codes.
2: An integrity code must set out minimum standards that apply across the part or whole of the sport and physical recreation sector to which the code applies for the purpose of preventing and addressing threats to integrity.
3: An integrity code may—
a: specify rights of participants in relation to integrity in sport and physical recreation:
b: require an organisation that adopts the integrity code to have policies and procedures for responding to concerns about integrity (including complaints-handling and disciplinary procedures) that comply with minimum requirements set out in the integrity code:
c: prescribe mechanisms for the making of complaints and disclosures to the Commission:
d: prescribe culturally responsive dispute resolution procedures to be provided by the Commission and the types of disputes that may be referred to those procedures:
e: require an organisation that adopts the integrity code or a participant, or other person, who has agreed to be bound by the integrity code to—
i: provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of any investigation conducted by the Commission under section 31 32
ii: co-operate fully with an investigation under section 31 32
f: require an organisation that adopts the integrity code to provide to the Commission information or documents that the Commission considers reasonably necessary for the purpose of monitoring implementation of the integrity code:
g: require an organisation that adopts the integrity code to report to the Commission issues of serious concern (which may be further specified in the integrity code) regarding integrity:
h: in relation to breaches by an individual of the integrity code, a policy or procedure made under the integrity code, or section 40
i: provide for reasonable and proportionate sanctions in the nature of conditions or restrictions on that individual’s participation in any sport or organised physical recreation to which the integrity code applies; and
ii: require an organisation that adopts the integrity code to enforce sanctions prescribed in the integrity code under subparagraph (i) (including a sanction the organisation was required by a disciplinary panel under subpart 4
i: in relation to breaches by an organisation of the integrity code, a policy or procedure made under the integrity code, or section 39
i: issuing an apology or paying compensation to any person:
ii: taking steps to change the organisation’s policies or procedures:
j: prescribe—
i: the circumstances in which a matter may be referred to a disciplinary panel under subpart 4
ii: the composition of a disciplinary panel:
iii: the procedure of a disciplinary panel:
k: prescribe criteria that an organisation that adopts the integrity code must satisfy in order to gain a dispensation from any provisions of the integrity code and any necessary modifications to the integrity code that apply where a dispensation is granted:
l: contain any other matters necessary or desirable to promote integrity in sport or organised physical recreation.
4: An integrity code may—
a: relate to the whole or a specified part of the sport and physical recreation sector (but not to a single sport or physical recreation); and
b: concern all threats to integrity or specified threats to integrity.
5: No integrity code may prescribe matters for which anti-doping rules have been or could be made under section 23
6: An integrity code may, consistently with section 17
7: An integrity code made under this section—
a: is secondary legislation ( see Part 3
b: comes into force on the later of—
i: the date that is 28 days after it is published under that Act; and
ii: the date specified in the integrity code. 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
20: Consultation on integrity code
1: Before making an integrity code, the Commission must consult participants, national sporting organisations, national recreation organisations, Māori, other relevant stakeholders (including Pacific peoples, disabled people, children and young people, women and girls, and rainbow people), and the Privacy Commissioner on the proposed code.
2: Subsection (1) does not apply to an amendment to an integrity code if the Commission is satisfied that the amendment—
a: is only correcting a minor error; or
b: is otherwise of a minor nature only.
21: Who is bound by integrity code
1: An organisation in the sport and physical recreation sector may, in the manner provided in the code, adopt an integrity code.
2: An integrity code binds—
a: an organisation that adopts it; and
b: any participant or other person who, or body of persons that,—
i: is a member of the organisation; or
ii: agrees with the organisation that the code will apply to the participant, other person, or body of persons; or
iii: otherwise agrees to the application of the code.
3: If an integrity code is replaced,—
a: the replacement code applies to an organisation to which, or participant or other person to whom, the replaced code applied immediately before the replacement; and
b: the organisation, participant, or other person is not required to take steps to adopt the replacement code.
4: If an integrity code is amended,—
a: the code as amended applies to an organisation to which, or participant or other person to whom, the code applied immediately before the amendment; and
b: the organisation, participant, or other person is not required to take steps to adopt the code as amended.
5: An organisation that has adopted an integrity code may, in the manner provided in the code, revoke its adoption of the code.
6: For the purposes of this section, a person is a member
22: Commission must review integrity codes
1: The Commission must, at least once every 3 years after an integrity code comes into force, review the code for the purpose of ensuring that it remains fit for purpose and meets the needs of participants.
2: Sections 19 to 21 Anti-doping rules
23: Anti-doping rules
1: The Commission must make, and always have, anti-doping rules to implement the World Anti-Doping Code.
2: To the extent that the World Anti-Doping Code requires specified Articles of the Code to be incorporated into the anti-doping rules without substantive changes (allowing for necessary non-substantive editing changes in order to refer to things like sports, section numbers, and the Commission’s name), the anti-doping rules must incorporate those Articles in that manner.
3: In addition, the Commission may make any other anti-doping rules that are necessary or desirable to govern the practice and procedure of the Commission’s functions under section 13(j) to (o)
4: Without limiting subsection (3), the Commission may make anti-doping rules—
a: requiring an organisation to which, or individual to whom, the anti-doping rules apply to—
i: provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of performing its function to comply with and implement the anti-doping rules:
ii: co-operate fully with an investigation under the anti-doping rules, for example, by attending a hearing or an interview:
b: providing for reasonable and proportionate sanctions (of the kind permitted under the World Anti-Doping Code) for a breach of a requirement referred to in paragraph (a).
5: Rules made under this section may authorise specified procedures or matters of detail to be determined by the Commission, and may not be challenged on the ground that they leave such matters to the discretion of the Commission.
6: Rules made under this section—
a: are secondary legislation ( see Part 3
b: come into force on the later of—
i: the date that is 28 days after they are published under that Act; and
ii: the date specified in the rules. 2006 No 58 s 16 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
24: Consultation on anti-doping rules
1: Before making an anti-doping rule, the Commission must consult national sporting organisations, athletes, the Sports Tribunal, Māori, and the Privacy Commissioner on the proposed rule.
2: Subsection (1) does not apply to an amendment to the anti-doping rules if the Commission is satisfied that the amendment—
a: is only correcting a minor error; or
b: is otherwise of a minor nature only.
25: Application of anti-doping rules amended or replaced
1: If the anti-doping rules are replaced,—
a: the replacement anti-doping rules apply to any organisation to which, or individual to whom, the replaced anti-doping rules applied immediately before the replacement; and
b: the organisation or individual is not required to take steps to agree to the replacement anti-doping rules.
2: If the anti-doping rules are amended,—
a: the anti-doping rules as amended apply to any organisation to which, or individual to whom, the anti-doping rules applied immediately before the amendment; and
b: the organisation or individual is not required to take steps to agree to the anti-doping rules as amended.
26: Commission must review anti-doping rules from time to time
1: The Commission must, no later than 3 years after the commencement of this Act and at least once every 3 years after that commencement date, review the anti-doping rules for the purpose of ensuring that they comply with this Act.
2: Sections 23 to 25 48 2006 No 58 s 23
4: Powers, investigations, and disciplinary panels
27: Overview of this Part
1: Subpart 1
2: Subpart 2
3: Subpart 3
4: Subpart 4
5: This section is intended only as a guide to the overall scheme and effect of this Part.
1: Powers of Commission to comply with and implement anti-doping rules
28: Powers of Commission to comply with and implement World Anti-Doping Code and anti-doping rules
The Commission may—
a: take all steps necessary to comply with and implement the World Anti-Doping Code in accordance with this Act; and
b: take all steps necessary to comply with and implement the anti-doping rules.
2: Powers of Commission to comply with and implement integrity codes
29: Powers of Commission to comply with and implement integrity codes
The Commission may take all steps necessary to comply with and implement an integrity code.
3: Integrity investigations
30: Application of this subpart
1: This subpart—
a: applies to investigations under sections 31 32
b: does not apply to investigations conducted under the anti-doping rules.
2: Nothing in this subpart limits or affects the functions and powers of the Commission under the anti-doping rules.
31: Investigation into breach of integrity code
1: The Commission may investigate anything that is or appears to the Commission to be a breach of an integrity code by an organisation, participant, or other person who is bound by it.
2: The investigation must be conducted in accordance with the provisions of the integrity code and this subpart.
3: Following an investigation under this section, the Commission may—
a: refer the matter to a disciplinary process (including a disciplinary panel) provided for in the code:
b: take or recommend the taking of any actions prescribed in the code under section 19(3)(h) or (i)
c: take any other action consistent with the code that the Commission considers is necessary and appropriate:
d: publish a report on the investigation in accordance with section 37
32: Investigation of threat to integrity
1: The Commission may investigate anything to which neither section 31
a: the matter is or appears to the Commission to be a threat to integrity; and
b: the Commission is satisfied that an investigation by the Commission is in the public interest.
2: For the purpose of subsection (1)(b), the Commission—
a: must take into account—
i: the severity of the potential threat to integrity and whether the threat appears to be ongoing:
ii: the best interests of participants (including any vulnerabilities of the participants concerned):
iii: whether the threat to integrity appears to be at an organisational level or concerns more than 1 organisation:
iv: whether the matter has been, or is being, investigated by another relevant body:
v: if the matter concerns a particular organisation, the views of the organisation and relevant participants on the need for an investigation; and
b: may take into account any other matter the Commission thinks fit.
3: Following an investigation under this section, the Commission may publish a report in accordance with section 37
33: Initiation of investigation
The Commission may investigate under section 31 32 Powers relating to investigation under section 31 or 32
34: Power to require information or documents
1: If the conditions in subsection (2) are satisfied, the Commission may, by notice in writing, require a specified person—
a: to provide the Commission or a specified employee of the Commission with any information the Commission requires; or
b: to produce to the Commission or a specified employee of the Commission any document in the custody or under the control of that person, and to allow copies of, or extracts from, any such document to be made or taken; or
c: to provide to the Commission or to a specified employee of the Commission copies or extracts from documents in the custody or under the control of that person.
2: The conditions referred to in subsection (1) are that the Commission believes, on reasonable grounds, that—
a: the information is relevant to an investigation under section 31 32
b: the information or document or extract cannot be obtained from the specified person, or any other person, by consent; and
c: the person holds or is likely to hold the information or document.
3: In this section, specified person
a: Sport and Recreation New Zealand:
b: a subsidiary of Sport and Recreation New Zealand:
c: the New Zealand Olympic Committee Incorporated:
d: Paralympics New Zealand Incorporated:
e: a national sporting organisation:
f: an affiliate of a national sporting organisation:
g: a national recreational organisation.
35: Court may make orders for failure to comply with requirement under section 34
1: The Commission may apply to the District Court for orders against a person on the grounds that the person has failed to comply with a requirement under section 34
2: The court may, on the application of the Commission, make either or both of the following orders if the court is satisfied that the person has failed to comply with the requirement:
a: an order directing the person to comply with the requirement specified in the notice:
b: any other order that the court considers appropriate.
3: The court may require a person to produce documents or provide other information to the court for the purposes of determining an application under this section.
4: The court may make an order under this section subject to any conditions the court thinks appropriate.
36: Referrals of matters to body or person
1: This section applies if, in the course of conducting or proposing to conduct an investigation under section 31 32
2: The Commission must, without delay, consult the person or body in order to determine the appropriate means of dealing with the subject matter.
3: As soon as practicable after consulting the person or body concerned, the Commission must determine whether the subject matter should be dealt with, in whole or in part, under this Act.
4: If the Commission determines that the subject matter should be dealt with, in whole or in part, by a person or body referred to in subsection (5), the Commission must, without delay, refer the subject matter or, as the case requires, the appropriate part of the subject matter to that person or body.
5: The persons or bodies referred to in subsection (1) are—
a: the Human Rights Commission under the Human Rights Act 1993
b: the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
c: the Commissioner of Police:
d: the Health and Disability Commissioner:
e: an Ombudsman exercising jurisdiction under the Ombudsmen Act 1975
f: the Privacy Commissioner:
g: the Director of the Serious Fraud Office:
h: any other person or body. 2003 No 121 s 19
37: Commission may report on investigation
1: The Commission may publish a report relating to an investigation under section 31 32
2: A report published under this section must not contain personal information unless—
a: the individual concerned consents to their personal information being included in the report; or
b: the Commission considers that the public interest in including the personal information in the report outweighs the individual’s privacy interests.
3: In this section, personal information section 7(1)
38: Confidentiality and disclosure of information relating to investigations
1: The Commission must keep confidential any information obtained through a complaint about integrity or while conducting an investigation under section 31 32
2: Despite subsection (1), the Commission may disclose information referred to in that subsection if—
a: the person who would be identified consents to the disclosure of the information; or
b: the Commission believes on reasonable grounds that the disclosure of the information is necessary—
i: for the effective investigation of the complaint or the effective conduct of the investigation, if commenced, or for disciplinary processes arising from the investigation; or
ii: to prevent or lessen a serious risk to public health, public safety, or to the health or safety of any individual; or
iii: for an investigation by a law enforcement or regulatory agency for the purpose of law enforcement; or
iv: for the conduct of proceedings before any court or tribunal (that is, proceedings that have been commenced or are reasonably in contemplation); or
v: for the purposes of a report that the Commission may issue in accordance with section 37
c: the Commission is required to disclose the information under any other legislation (including the Privacy Act 2020 Official Information Act 1982
3: Before releasing identifying information for a reason described in subsection (2)(b) or (c),—
a: if the release is for the reason described in subsection (2)(b)(i), (iii), or (v), the Commission must consult the person who would be identified about the release; or
b: if the release is for the reason described in subsection (2)(b)(ii) or (iv), the Commission must, if practicable, consult the person who would be identified about the release.
4: After releasing identifying information for a reason described in subsection (2)(b), the Commission must inform the person who is identified by it.
5: Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022
6: In this section, law enforcement or regulatory agency section 3(1)
39: No retaliation against participant who makes complaint or provides information to Commission
1: An organisation in the sport and physical recreation sector must not retaliate, or threaten to retaliate, against a participant because the participant—
a: makes or intends to make a complaint to the Commission; or
b: provides or intends to provide information to the Commission for the purposes of an investigation under section 31 32
2: For the purpose of this section, retaliate
40: No victimisation in relation to making complaint or providing information to Commission
1: A person ( A B
a: B (or a relative or an associate of B)—
i: makes or intends to make a complaint to the Commission; or
ii: provides or intends to provide information to the Commission for the purposes of an investigation; or
iii: has encouraged another person to take an action described in subparagraph (i) or (ii); or
iv: has given information in support of, or relating to, an action described in subparagraph (i) or (ii); or
b: A believes or suspects that B (or a relative or an associate of B) intends to do, or has done, anything described in paragraph (a).
2: Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.
3: Subsection (4) applies if a breach of subsection (1) occurs where there is no applicable integrity code to which person A is bound under which the breach can be dealt with and sanctioned.
4: A breach of subsection (1) is unlawful under section 66(3)
4: Disciplinary panels
41: Commission may establish disciplinary panel
1: If provided for in an integrity code, the Commission may establish a disciplinary panel to consider and determine whether an integrity code, or an organisation’s policy made under an integrity code, has been breached by a participant and the sanction to be imposed for the breach.
2: The composition of the disciplinary panel must be as prescribed in the relevant integrity code.
3: A disciplinary panel does not have jurisdiction to deal with any matter arising between an employer and the employer’s employee concerning the terms and conditions of the employee’s employment, a dispute about the interpretation, application, or operation of an employment agreement, or a personal grievance.
4: The Commission must ensure that the disciplinary panel function is performed independently from its function of conducting investigations under sections 31 32
42: Powers and procedure of disciplinary panel
1: A disciplinary panel may, for the purpose of considering and determining a matter described in section 41(1)
a: request information from the parties or from any other person:
b: interview any of the parties.
2: Having considered the matter, a disciplinary panel may—
a: recommend that no further action be taken:
b: refer the matter back to the Commission or the organisation concerned for further investigation, determination of a sanction under the integrity code, or any other action:
c: require an organisation to impose a sanction specified by the panel from those available under the relevant integrity code or the organisation’s policies made under the integrity code.
3: The disciplinary panel must comply with the procedure prescribed for the panel in the relevant integrity code.
43: Appeal against decision of disciplinary panel
A party to a matter that is referred to a disciplinary panel may appeal to the Sports Tribunal against the whole or any part of a decision of the panel.
5: General and miscellaneous provisions
44: Sharing of evidence and information by Customs, Police, and others
A Police employee, a Customs officer, or any other person may provide evidence or information to the Commission if that person believes that the evidence or information may assist the Commission—
a: in complying with or implementing the anti-doping rules or an integrity code; or
b: in an investigation under section 31 32 2006 No 58 s 28
45: Immunities and privileges in relation to giving information or documents to Commission
1: A person giving information or producing documents to the Commission for the purpose of an investigation under section 31 32 subpart 8
a: the investigation were a civil proceeding; and
b: every reference to a Judge were a reference to the Commission.
2: Subsection (3) applies if a person has been required to provide information or produce documents for the purpose in subsection (1) and wishes to claim a privilege or immunity described in that subsection.
3: In order for the Commission to determine under section 52
a: if authorised by the person, view the information or document; or
b: direct the person to provide the information or document to an independent person.
46: Immunities from proceedings for persons providing information or documents
No civil or criminal proceedings may be brought against a person by reason only of that person’s compliance with any requirement to provide information or produce documents to the Commission under this Act.
47: Privilege for Commission reports
For the purposes of clause 3 Incorporation by reference
48: Incorporation by reference in anti-doping rules
1: The following, whether in written or electronic form, may be incorporated by reference in the anti-doping rules:
a: standards, requirements, or recommended practices of the World Anti-Doping Agency:
b: the World Anti-Doping Agency’s International Standards:
c: the World Anti-Doping Agency’s Models of Best Practice.
2: Part 3 section 64
3: Clause 1
4: The rest of that Schedule 2
49: Incorporation by reference in integrity codes
Nothing in section 48 sections 63 to 66 Fees and charges
50: Powers of Commission to charge fees or impose charges
1: The Commission may charge any fees, or impose any charges, that are reasonable in respect of the provision of services, information, or advice requested from the Commission, other than for—
a: supplying information to an individual relating to the individual; or
b: receiving and handling complaints or reports about integrity, conducting investigations under the anti-doping rules or section 31 32
c: testing conducted under a testing programme established under the anti-doping rules.
2: The amount or rate of a fee or charge under this section must be reasonably related to the expenses incurred or to be incurred in relation to the provision of services, information, or advice to which the fee or charge relates. 2006 No 58 s 13
51: Testing other than under testing programme established under anti-doping rules
1: The Commission may, at the request of a national sporting organisation, conduct testing not provided for under a testing programme established under the anti-doping rules, and may charge the national sporting organisation fees for that testing.
2: The amount of a fee charged under subsection (1) must be reasonably related to the expenses incurred or to be incurred in relation to the testing conducted.
3: If the Commission conducts testing under subsection (1), athletes are entitled to the same rights to which athletes are entitled under a testing programme established under the anti-doping rules. 2006 No 58 s 14 Reporting on use of power to require information or documents
52: Commission must report on use of power to require information or documents
The Commission must include the following information in its annual report under section 150
a: each instance where the Commission has used a power conferred under section 19(3)(e)(i) 23(4)(a) section 34
b: a description of the individual or organisation from whom the information or documents were requested (in a form that does not identify any individual); and
c: whether the information or documents were provided; and
d: if the information or documents were not provided, what, if any, enforcement action was taken and the outcome of that enforcement action. Miscellaneous provisions
53: Commission must not delegate power to make, amend, or revoke integrity code
Despite section 73
54: Government Superannuation Fund
1: Any person who, immediately before becoming an employee of the Commission, is a contributor to the Government Superannuation Fund under Part 2 Part 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if that person has ceased to be a contributor.
4: For the purpose of applying the Government Superannuation Fund Act 1956 2006 No 58 s 11(2)–(5) Review of Act
55: Review of Act
1: The Minister must, within 5 years from the commencement of this Act, commence a review of how widely and effectively integrity codes have been implemented.
2: The Minister must ensure that, during the review, the people and organisations that the Minister thinks appropriate are consulted.
3: The Minister must prepare a report on the review, including any recommendations for change necessary to this Act to improve adoption of and compliance with the integrity codes.
4: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.
6: Amendments to legislation
Amendment to Children’s Act 2014
56: Principal Act
Section 57 Children’s Act 2014 2024-07-01 Children’s Act 2014 s 57, if not brought into force by OIC at earlier date
57: Section 15 amended (Interpretation)
In section 15 prescribed State service
aaa: the Integrity Sport and Recreation Commission established under section 8 of the Integrity Sport and Recreation Act 2023 Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022
58: Principal Act
Section 59 Protected Disclosures (Protection of Whistleblowers) Act 2022 2024-07-01 Protected Disclosures (Protection of Whistleblowers) Act 2022 s 59, if not brought into force by OIC at earlier date
59: Schedule 2 amended
In Schedule 2 The following table is small in size and has 2 columns. This table amends Schedule 2 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 and should be read with that table to provide understanding of the context. Sport and recreation Integrity Sport and Recreation Commission Amendment to Sport and Recreation New Zealand Act 2002
60: Principal Act
Section 61 Sport and Recreation New Zealand Act 2002 2024-07-01 Sport and Recreation New Zealand Act 2002 s 61, if not brought into force by OIC at earlier date
61: Section 8 amended (Functions)
In section 8(i) disputes (other than disputes to which the Integrity Sport and Recreation Act 2023 Amendments to Sports Anti-Doping Act 2006
62: Principal Act
Sections 63 to 70 Sports Anti-Doping Act 2006 2024-07-01 Sports Anti-Doping Act 2006 s 63–70, if not brought into force by OIC at earlier date
63: Title of principal Act changed
In section 1 Sports Anti-Doping Sports Tribunal
64: Sections 3 and 4 replaced
Replace sections 3 4
3: Purpose
The purpose of this Act is to continue the Tribunal as an independent body charged with—
a: implementing the World Anti-Doping Code in New Zealand; and
b: hearing, considering, and determining other sports-related and integrity matters.
4: Interpretation
In this Act, unless the context otherwise requires,— anti-doping rules section 23 of the Integrity Sport and Recreation Act 2023 integrity code section 19 of the Integrity Sport and Recreation Act 2023 Minister national sporting organisation Tribunal section 29 World Anti-Doping Code
65: Part 2 repealed
Repeal Part 2
66: Section 30 amended (Membership of Tribunal)
Replace section 30(1)
1: The Tribunal consists of the number of members (which must be not less than 5) as may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Tribunal.
67: Section 38 amended (Functions of Tribunal)
1: In section 38(a) rules anti-doping rules and integrity codes
2: After section 38(a)
aa: determine disputes arising from the application of an integrity code; and
ab: hear an appeal against a decision of a disciplinary panel under subpart 4 of Part 4 of the Integrity Sport and Recreation Act 2023
ac: hear an appeal against a decision of a disciplinary body established by an organisation that has adopted an integrity code; and
3: In section 38(d) New Zealand or the Integrity Sport and Recreation Commission
68: Section 39 amended (Procedure of Tribunal)
In section 39(2) rules anti-doping rules
69: Section 40 amended (Evidence in proceedings before Tribunal)
In section 40(4) Evidence Act 1908 Evidence Act 2006
70: Sections 49 to 54 and cross-headings repealed
Repeal sections 49 to 54 Other amendments to Acts
71: Other amendments to Acts
Amend the legislation specified in Schedule 2 2024-07-01 Crown Entities Act 2004 Human Rights Act 1993 Ombudsmen Act 1975 Remuneration Authority Act 1977 If not brought into force by OIC at earlier date


1: Title
This Act is the Climate Change Response (Late Payment Penalties and Industrial Allocation) Amendment Act 2023.
2: Commencement
1: This Act comes into force on the day after the date of Royal assent.
2: However, the following provisions of this Act come into force on 1 January 2024:
a: section 19
b: section 21
c: section 22(3) clause 42 of Schedule 1AA
3: Principal Act
This Act amends the Climate Change Response Act 2002 2023-08-25 Climate Change Response Act 2002 This Act comes into force on the day after assent, except for sections 19, 21, and 22(3)(in respect of clause 42 of Sch 1AA only). 2024-01-01 Climate Change Response Act 2002 Ss 19 and 22(3)(in respect of clause 42 of Schedule 1AA only) come into force on 1 January 2024, see s 2(2)(a) and (c).
1: Amendments relating to late payment penalties for low-volume forestry activities
4: Section 89 amended (EPA to publish certain information)
1: In section 89(1B)(e) section 134 or 134AA
2: In section 89(1C)(a), section 134 or 134AA
5: Section 120A amended (Liabilities, penalties, and interest when emissions returns amended)
1: In section 120A(3)(c) section 134 or (if applicable) section 134AA
2: In section 120A(5)(a) section 134 or (if applicable) section 134AA
3: In section 120A(5)(a)(i) section 134(3)(d) or (if applicable) section 134AA(7)(f)(i)
4: In section 120A(5)(a)(ii) section 134(3)(f) or (if applicable) section 134AA(7)(f)(iii)
5: In section 120A(7)(b) section 134 or (if applicable) section 134AA
6: In section 120A(8) penalty notice penalty notice
a: means a notice given to a person under section 134(3) section 134AA(7)
b: does not include a notice given to a person under section 134AA(7) section 144
6: Section 134 amended (Penalty for failing to surrender or repay units by due date)
1: In the heading to section 134 by due date (general rule)
2: Replace section 134(1)
1: This section applies if—
a: a person fails, by the due date,—
i: to surrender units that the person is required to surrender; or
ii: to repay units that the person is required to repay; and
b: section 134AA
7: New sections 134AA and 134AB inserted
After section 134
134AA: Penalty for failing to surrender or repay units by due date (where liability is for lower amount)
1: This section applies if—
a: a person fails, by the due date,—
i: to surrender units that the person is required to surrender; or
ii: to repay units that the person is required to repay; and
b: that liability to surrender or repay the units resulted from—
i: a forestry activity carried out on or after 1 January 2025; and
ii: 1 or more of the following things in relation to the forestry activity:
A: an emissions return with an emissions return period and under which the average liability per year of that period is less than 25,000 units:
B: an emissions return without an emissions return period and under which the liability is less than 25,000 units:
C: any other requirement in this Act or secondary legislation made under this Act (for example, the requirement to repay units under section 125 Initial notice
2: The EPA must give a notice to the person that—
a: refers to the person’s failure to surrender or repay units by the due date and the provision under which the person is liable to surrender or repay the units; and
b: advises that the person may submit to the EPA a document containing information for the purpose of satisfying the EPA that the failure occurred through no fault of the person; and
c: advises that, no earlier than 20 working days after issuing the notice, the EPA will make a decision under subsection (6) on the person’s liability to pay a penalty under this section and will then give a further notice advising whether the penalty applies. Liability for penalty
3: The person must (in addition to surrendering or repaying the units) pay to the EPA a penalty calculated as follows: a × b × c where— a is the multiplier determined under subsection (4) b is the number of units that the person failed to surrender or repay by the due date c is the price, in dollars, of carbon per tonne on the due date, as set by or in accordance with regulations made under section 30W
4: The multiplier for a person liable to pay a penalty under this section is—
a: 0.5 if—
i: the activity in respect of which the person is liable for a penalty is an activity listed in Part 1 or 1A of Schedule 4
ii: the person’s liability to surrender or repay units resulted only from a requirement of the type referred to in subsection (1)(b)(ii)(C) and the requirement does not relate to a specific forestry activity carried out by the person; or
b: 0.25 if the activity in respect of which the person is liable for a penalty is an activity listed in Part 1 or 1A of Schedule 3
5: However, a person is not liable to pay a penalty under this section if the EPA is satisfied that the failure to surrender or repay units occurred through no fault of the person.
6: The EPA must decide, no earlier than 20 working days after issuing the notice under subsection (2), if it is satisfied that the person’s failure to surrender or repay units occurred through no fault of the person. Notice of penalty
7: The EPA must, as soon as practicable after making the decision under subsection (6), give a further notice to the person that—
a: refers to the person’s failure to surrender or repay units by the due date and the provision under which the person is liable to surrender or repay the units; and
b: refers to the initial notice that the EPA has given to the person under subsection (2); and
c: refers to any relevant notice that the EPA has given the person in respect of the requirement to surrender or repay the units (for example, a notice given under section 123(1)); and
d: specifies the number of units that the person must surrender or repay; and
e: sets out the following in relation to the EPA’s decision under subsection (6):
i: the particulars of the decision:
ii: any grounds and information on which the decision was based:
iii: the advice that the person may seek a review of the decision under section 144
f: if a penalty is payable,—
i: specifies the amount of the penalty that the person must pay under this section; and
ii: advises that the person may request to enter into a deferred payment arrangement under section 135A
iii: advises that, unless the units are surrendered or repaid and the penalty is paid in full within 20 working days after the notice is given, interest on the amount of the penalty will accrue in accordance with section 137 Part year treated as full year
8: For the purposes of subsection (1)(b)(ii)(A), any part of a calendar year in an emissions return period must be treated as a full calendar year. Meaning of due date
9: In this section, due date
134AB: Determining penalty for failing to surrender or repay additional units by due date
1: This section applies if—
a: the EPA amends an emissions return in relation to which it has already given a penalty notice; and
b: the amendment results in a liability for the person to whom the notice was given to surrender or repay additional units; and
c: the person fails to surrender or repay the additional units by the due date.
2: If, at the time of the failure to surrender or repay the additional units, the most recently issued penalty notice specified a penalty calculated under section 134
3: If, at the time of the failure to surrender or repay the additional units, the most recently issued penalty notice specified a penalty calculated under section 134AA
4: In this section,— additional units section 120A(3)(b) base units section 120A(3)(b) due date penalty notice section 120A(8)
8: Section 137 amended (Interest for late payment)
1: In section 137(1)(c) section 134 or 134AA
2: In section 137(2)(b) section 134 or 134AA
9: Section 159 amended (Recovery of costs)
In section 159(1)(a) section 134 or a notice under section 134AA(2)
2: Amendments relating to industrial allocations
10: Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
After section 3A(b)(x)
xa: section 161FA(6)
11: Section 3B amended (Consultation about certain regulations, orders, and notices)
After section 3B(1)(i)
ia: section 161FA(6)
12: New section 84AA inserted (Validated allocation adjustment for projected data)
After section 84
84AA: Validated allocation adjustment for projected data
1: This section applies if—
a: the Minister has issued a notice in respect of an activity in accordance with section 161F(5) section 161D(3)(a)
b: regulations have been made—
i: on the Minister’s recommendation based on the determination referred to in paragraph (a); and
ii: that affect the entitlement of eligible persons to the allocation of New Zealand units for the activity in any of those years.
2: If a new activity (within the meaning of section 161F(1)
a: that the activity was highly emissions-intensive in any year, the regulations must prescribe the activity as highly emissions-intensive for that year:
b: that the activity was not moderately emissions-intensive or highly emissions-intensive in any year, the regulations must have the effect of removing the eligible industrial activity for that year.
3: Section 161A(5)
4: An eligible person who has received an allocation (other than a provisional allocation that is yet to be adjusted under section 83 or 84
a: calculate the person’s final allocation entitlement for the activity for the year in accordance with the formula in section 83(2)
b: using the formula in subsection (6), calculate the person’s validated allocation adjustment; and
c: if the validated allocation adjustment is—
i: a negative number, apply to the EPA under section 86
ii: a positive number, notify the EPA of the person’s validated allocation adjustment and repay the number of units in the validated allocation adjustment by transferring the units to a Crown holding account designated by the EPA.
5: If subsection (4)(c) applies, the eligible person must apply to or notify the EPA in accordance with that subsection—
a: at the time that the person next applies to or notifies the EPA under section 83 or 84(1)
b: if the person has already applied to or notified the EPA under section 84(1)
6: The formula for the calculation of a person’s validated allocation adjustment is as follows: VA = RA – FA where— VA is the person’s validated allocation adjustment of units for the eligible industrial activity for the year RA is the allocation that the person has received for the eligible industrial activity for the year (as adjusted under section 83 or 84 FA is the person’s final allocation entitlement for the eligible industrial activity for the year calculated under section 83(2)
13: Section 149 amended (Sharing information)
1: In section 149(1) this section subsection (2)
2: After section 149(2)
3: The purpose of subsection (4) is to facilitate the provision of information that is held by the EPA and relevant to the allocation of New Zealand units for an eligible industrial activity (including any application, adjustment, response to a requirement for further information, or review of an allocation decision) to the Climate Change Commission and to the chief executive.
4: The EPA must provide information described in subsection (3), on request, to—
a: the Commission:
b: the chief executive.
5: Subsections (3) and (4) do not limit subsections (1) and (2).
14: Section 161A amended (Regulations in relation to eligible industrial activities)
1: Replace section 161A(2) and (3)
2: Before recommending the making of regulations under subsection (1)(a) that prescribe an activity as an eligible industrial activity, the Minister must be satisfied that—
a: the effect of those regulations is—
i: likely to contribute to achieving—
A: any targets or budgets set for reducing emissions of greenhouse gases; and
B: New Zealand’s nationally determined contributions under the Paris Agreement; and
ii: more likely to contribute to those targets, budgets, and nationally determined contributions than the current allocation that is provided in accordance with regulations made under this section; and
iii: that the anticipated cost to the taxpayer of providing the allocation for the activity is likely to be less than the cost to the taxpayer of the current allocation that is provided in accordance with regulations made under this section; and
b: the activity is—
i: moderately emissions-intensive or highly emissions-intensive; and
ii: trade-exposed.
2A: However, subsection (2)(a) does not apply to regulations made under subsection (1)(a) to the extent that they relate to an eligible industrial activity prescribed before 1 July 2023.
3: The Minister may recommend the making of regulations under subsection (1) that have the effect of removing an activity from the regulations only if, in relation to the activity, the Minister is no longer satisfied of 1 or both of the matters described in subsection (2)(b).
3A: Regulations made under subsection (1) must not amend an allocative baseline for a prescribed product of an eligible industrial activity that has been prescribed under subsection (1)(c) unless—
a: at least 5 years have passed—
i: since the baseline was most recently amended after the Minister issued a notice under section 161D(1)
ii: if subparagraph (i) does not apply, since the baseline for the product was first prescribed; and
b: before recommending the making of the regulations that amend the baseline, the Minister has issued a notice under section 161D(1)
c: the Minister is satisfied that the current allocation setting for the product, as calculated in accordance with the formula in subsection (4C)(a), is equal to or greater than the prospective allocation setting for the product, as calculated in accordance with the formula in subsection (4C)(b).
3B: However, subsection (3A) does not apply to an amendment of an allocative baseline—
a: due to a change to any 1 or more of the following:
i: an emissions factor:
ii: an electricity allocation factor:
iii: an exemption set out in an order made under section 60
b: on the basis of information received in response to a notice issued in accordance with section 161F(5)
2: After section 161A(4)
4A: The Minister may recommend the making of regulations under subsection (1)(d)(i) that prescribe an electricity allocation factor only if the allocation factor has been notified to the Minister under section 161FA
4B: Regulations made under subsection (1)—
a: may permit persons to apply for and receive an allocation in respect of a period beginning on 1 January of the year in which regulations are made even if the regulations come into force on a later date in that year:
b: may affect the level of allocation a person is entitled to receive for a year in which the person has received a provisional allocation even if the regulations come into force in the year following the year for which the person received the provisional allocation:
c: may, if they are of a kind described in section 84AA(1)(b)
4C: For the purposes of subsection (3A)(c),—
a: the current allocation setting for the product must be calculated in accordance with the following formula: CAS = AB × LA where— CAS is the current allocation setting AB is the allocative baseline for the product prescribed in regulations made under this section as in force immediately before the recommendation is made LA is the level of assistance for the eligible industrial activity for the current year, which is the level of assistance described in item LA in the formula in section 83(2)
b: the prospective allocation setting for the product must be calculated in accordance with the following formula: PAS = PB × OLA where— PAS is the prospective allocation setting PB is the prospective allocative baseline for the product as calculated in accordance with section 161C(2) to (5) OLA is the original level of assistance for the activity, which is,—
i: for a moderately emissions-intensive eligible industrial activity, 0.6:
ii: for a highly emissions-intensive eligible industrial activity, 0.9.
3: In section 161A(5) 5 years 2 years
15: Section 161C amended (Eligible industrial activities)
1: In section 161C(1) and (2) section 161A(3) section 161A(2)
2: Replace section 161C(4)
4: Despite subsection (3)(c), the Minister may adjust the number of whole tonnes of included emissions shown in the information referred to in section 161D(1)(e)(i)(C)
a: after taking into account—
i: any electricity-related contract that—
A: affects the electricity cost increase that any of the persons will face due to the obligation imposed by this Act on participants to surrender units; and
B: was in force on the date of the notice; or
ii: any information relating to any such contracts:
b: as a consequence of any change that occurred on or after the date of the notice to any 1 or more of the following:
i: an emissions factor:
ii: an electricity allocation factor:
iii: an exemption set out in an order made under section 60
16: Section 161D amended (Power to require information for purposes of allocation to industry)
1: In section 161D(3)(a) section 161A(3) section 161A(2)
2: After section 161D(3)(d)
e: whether the current allocation setting for the product is equal to or greater than the prospective allocation setting for the product (as described in section 161A(3A)(c)
3: After section 161D(3)
3A: The Minister must, for the purpose described in subsection (3)(e), issue a notice under this section in respect of an eligible industrial activity at least once in every 10-year period.
17: Section 161E amended (Requirements in respect of notice given under section 161D)
1: After section 161E(2)(a)(i)(E)
F: the combustion of used tyres for the purpose of generating electricity or industrial heat; and
G: the consumption of carbon dioxide as a feedstock if that carbon dioxide is derived from an activity in Schedule 3 or 4
2: In section 161E(2)(a)(ii) section 161D(1)(e)(ii) and (iii) section 161D(1)(e)(i)(B) and (C)
3: In section 161E(2)(b) section 161D(1)(e)(ii) and (iii) section 161D(1)(e)(i)(B) and (C)
4: Repeal section 161E(3) and (4)
18: New section 161F inserted (When projected data may be provided)
After section 161E
161F: When projected data may be provided
1: Subsection (2) applies if actual data is not (or may not be) available in respect of an activity for the years specified in a notice made under section 161D
a: an activity (a new activity
b: an eligible industrial activity—
i: that involves a product (a new product section 161A(1)
ii: that includes an allocative baseline (a different allocative baseline section 161A(1)
iii: for which actual data is (or may not be) available for some other reason.
2: A notice made under section 161D sections 161D and 161E
3: If a new activity is prescribed as an eligible industrial activity in reliance (in whole or in part) on projected information provided in accordance with subsection (2), the activity must be prescribed as moderately emissions-intensive (regardless of whether any information indicates that the activity is highly emissions-intensive).
4: Subsection (3) is subject to section 84AA(2)
5: The Minister must issue a notice under section 161D section 161A
6: The notice must require the information described in section 161D(1)(e)
7: In this section,— first relevant financial year
a: regulations have been made under section 161A
i: prescribing a new activity as an eligible industrial activity; or
ii: including a new product or setting a different allocative baseline in relation to an eligible industrial activity; and
b: a person has applied for industrial allocation under section 86 second relevant financial year
19: New section 161FA inserted (Determining electricity allocation factors)
After section 161F section 18
161FA: Determining electricity allocation factors
1: The Minister may recommend the making of regulations under section 161A(1)(d)(i)
2: The Electricity Authority must notify the Minister of the allocation factor for a year on or before 31 July in that year determined in accordance with the following formula: a = (b + c + d) ÷ 3 where— a is the allocation factor for the relevant year b is the ETS impact on the price of electricity in the financial year that ends on 30 June in the relevant year c is the ETS impact on the price of electricity in the financial year preceding the financial year described in the definition of variable b d is the ETS impact on the price of electricity for the financial year preceding the financial year described in the definition of variable c.
3: The Electricity Authority must use a market model to determine the ETS impact on the price of electricity for each of the financial years described in the definitions of variables b, c, and d.
4: The market model must—
a: be consistent with the market clearing algorithm set out in the Electricity Industry Participation Code 2010; and
b: use, as the counterfactual input, a reasonable estimate of the offers that would have been made for the electricity actually offered in the financial year if there were no liability to surrender units to cover emissions; and
c: comply with any regulations made under subsection (6).
5: The Electricity Authority must ensure that the market model, and any input data necessary to operate the model, is publicly available.
6: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing modelling assumptions for the purpose of the market model.
7: In this section, ETS impact
8: Regulations made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Amendment to Climate Change (Eligible Industrial Activities) Regulations 2010
20: Principal regulations
Section 21 Climate Change (Eligible Industrial Activities) Regulations 2010 2024-01-01 Climate Change (Eligible Industrial Activities) Regulations 2010 Section 21 comes into force on 1 Jan 2024, see section 2(2)(b).
21: New regulation 6A inserted (Modelling assumptions for market model used to determine allocation factors for electricity)
After regulation 6
6A: Modelling assumptions for market model used to determine allocation factors for electricity
1: Subclause (2) prescribes modelling assumptions for the purpose of the market model that the Electricity Authority uses to determine the ETS impact on the price of electricity in a financial year under section 161FA(3)
2: The modelling assumptions are that,—
a: in the absence of the emissions trading scheme, thermal electricity generation would be offered at lower prices as generators’ marginal costs would be lower:
b: as a consequence of the modelling assumption in paragraph (a), hydro-electricity generators that have controllable water storage would offer electricity at lower prices, because lower overall prices reduce the opportunity cost of stored water.
3: Transitional provisions
22: Schedule 1AA amended
1: In Schedule 1AA, after clause 17(2)
2A: To avoid doubt, for the purposes of subclause (1)(b)(ii)(A), any part of a calendar year in an emissions return period must be treated as a full calendar year.
2: In Schedule 1AA, after clause 17(3)
3A: See clauses 37 and 38
a: a person fails to surrender or repay additional units following an amendment to a return affected by a penalty under this clause; or
b: a person fails to surrender or repay units in relation to an emissions return that covers activities occurring both before and during 2025.
3: In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.


1: Title
This Act is the Appropriation (2023/24 Estimates) Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Application
1: Section 7 Schedule 2 Schedule 2
2: The rest of this Act applies to the 2023/24 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 21
d: section 9 Schedule 4 see section 12A
e: section 10 Schedule 5
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2023/24 financial year Estimates The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2024 scope shown in the Estimates
a: in the case of an appropriation under section 6
i: in the table headed Annual Appropriations and Forecast Permanent Appropriations
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2023/24 financial year
Appropriations authorised
1: Each amount specified in column 4 of Schedule 1 column 3 of Schedule 1 Other matters concerning appropriations
2: Subsection (1) applies only to the extent that the appropriation authorised is of a type set out in section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2023/24 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Multi-year appropriations authorised
1: Each amount specified in column 5 of Schedule 2 column 3 of Schedule 2 Other matters concerning multi-year appropriations
2: Subsection (1) applies only to the extent that the appropriation authorised is of a type set out in section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2023/24 financial year; and
ii: in advance, but within the scope, of the appropriation.
8: Expenses under section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 3
9: Capital injections authorised for 2023/24 financial year
1: The Crown is authorised to make capital injections during the 2023/24 financial year to each department and Office of Parliament specified in column 1 of Schedule 4
2: The capital injections authorised by this section to a department or an Office of Parliament are limited to the amount specified in column 3 of Schedule 4
3: Each authorisation given by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2023/24 financial year; and
b: in advance of the authorisation.
10: Repeals
The Acts specified in Schedule 5 2023-08-25 Appropriation (2021/22 Confirmation and Validation) Act 2023 Appropriation (2022/23 Estimates) Act 2022 Appropriation (2022/23 Supplementary Estimates) Act 2023


1: Title
This Act is the Imprest Supply (Second for 2023/24) Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Repeal of this Act
This Act is repealed on the close of 30 June 2024. 2024-07-01 Imprest Supply (Second for 2023/24) Act 2023
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2023/24 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments and Offices of Parliament during the 2023/24 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2023/24 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
1: Expenses may, during the 2023/24 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) must not exceed in the aggregate the sum of $16,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2023/24 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $11,500 million.
8: Authority to make capital injections
1: Capital injections may, during the 2023/24 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act.
2: Capital injections made under subsection (1) must not exceed in the aggregate the sum of $1,000 million.