1: Title
This Act is the Unsolicited Electronic Messages Act 2007.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purposes of this Act
The purposes of this Act are to—
a: prohibit unsolicited commercial electronic messages with a New Zealand link from being sent, in order to—
i: promote a safer and more secure environment for the use of information and communications technologies in New Zealand; and
ii: reduce impediments to the uptake and effective use of information and communications technologies by businesses and the wider community in New Zealand; and
iii: reduce the costs to businesses and the wider community that arise from unsolicited commercial electronic messages; and
b: require commercial electronic messages to include accurate information about the person who authorised the sending of the message and a functional unsubscribe facility in order to enable the recipient to instruct the sender that no further messages are to be sent to the recipient; and
c: prohibit address-harvesting software or a harvested-address list from being used in connection with sending unsolicited commercial electronic messages in contravention of this Act; and
d: deter people from using information and communications technologies inappropriately.
4: Interpretation
1: In this Act, unless the context otherwise requires,— address-harvesting software
a: searching the Internet for electronic addresses; and
b: collecting, compiling, capturing, or otherwise harvesting those electronic addresses chief executive civil liability event section 18 commercial electronic message section 6 consented to receiving
a: means—
i: express consent, whether given by the relevant electronic address-holder or any other person who uses the relevant electronic address; or
ii: consent that can reasonably be inferred from—
A: the conduct and the business and other relationships of the persons concerned; and
B: any other circumstances specified in the regulations; or
iii: consent that is deemed to have been given when the following circumstances apply:
A: an electronic address has been conspicuously published by a person in a business or official capacity; and
B: the publication of the address is not accompanied by a statement to the effect that the relevant electronic address-holder does not want to receive unsolicited electronic messages at that electronic address; and
C: the message sent to that address is relevant to the business, role, functions, or duties of the person in a business or official capacity; but
b: does not include the circumstances specified in the regulations from which consent cannot be inferred court electronic address
a: an email account; or
b: an instant messaging account; or
c: a telephone account; or
d: a similar account electronic message section 5 enforcement department Part 3 enforcement officer section 21 goods section 2(1) government body
a: a department named in Part 1
b: a Crown entity as defined in section 10(1) harvested-address list
a: a list of electronic addresses; or
b: a collection of electronic addresses; or
c: a compilation of electronic addresses,— where the production of the list, collection, or compilation is, to any extent, directly or indirectly attributable to the use of address-harvesting software individual message
a: the form of text or writing; or
b: the form of data; or
c: the form of speech, music, or other sounds; or
d: the form of visual images (animated or otherwise); or
e: any other form; or
f: any combination of forms mistake organisation
a: a corporation sole; and
b: a body corporate; and
c: an unincorporated body or association; and
d: a partnership; and
e: a government body; and
f: a court or tribunal person
a: an individual; and
b: an organisation recipient
a: the relevant electronic address-holder; and
b: any other person who uses that electronic address regulations relevant electronic address-holder send service provider services section 2(1) telecommunication section 3 telecommunications service unsolicited commercial electronic message
2: For the purposes of this Act, an electronic message has a New Zealand link
a: the message originates in New Zealand:
b: the person who sent the message is—
i: an individual who is physically present in New Zealand when the message is sent; or
ii: an organisation whose central management and control is in New Zealand when the message is sent:
c: the computer, server, or device that is used to access the message is located in New Zealand:
d: the recipient is—
i: an individual who is physically present in New Zealand when the message is accessed; or
ii: an organisation that carries on business or activities in New Zealand when the message is accessed:
e: if the message cannot be delivered because the relevant electronic address does not exist, assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server, or device located in New Zealand:
f: it is sent to an electronic address that—
i: ends with .nz
ii: begins with an international access code directly followed by 64 2001 No 103 s 5 Section 4(1) telecommunication replaced 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018
5: Meaning of electronic message
1: For the purposes of this Act, an electronic message
a: using a telecommunications service; and
b: to an electronic address.
2: However, the messages listed in clause 1
3: For the purposes of subsection (1), it is immaterial whether—
a: the electronic address exists; or
b: the message reaches its intended destination. Spam Act 2003 s 5 (Aust)
6: Meaning of commercial electronic message
For the purposes of this Act, commercial electronic message
a: means an electronic message that—
i: markets or promotes—
A: goods; or
B: services; or
C: land; or
D: an interest in land; or
E: a business or investment opportunity; or
ii: assists or enables a person to obtain dishonestly a financial advantage or gain from another person; or
iii: provides a link, or directs a recipient, to a message that does 1 or more of the things listed in subparagraphs (i) and (ii); but
b: does not include an electronic message that—
i: provides a quote or estimate for the supply of goods or services if that quote or estimate was requested by the recipient; or
ii: facilitates, completes, or confirms a commercial transaction that the recipient previously agreed to enter into with the person who authorised the sending of the message; or
iii: provides warranty information, product recall information, or safety or security information about goods or services used or purchased by the recipient; or
iv: provides notification of factual information about a subscription, membership, account, loan, or similar relationship involving the ongoing purchase or use by the recipient of goods or services offered by the person who authorised the sending of the message, or the recipient's ongoing subscription, membership, account, loan, or similar relationship; or
v: provides information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
vi: delivers goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously entered into with the person who authorised the sending of the message; or
vii: provides the recipient with information about goods or services offered or supplied by—
A: a government body; or
B: a court or tribunal; or
viii: has any other purpose set out in the regulations. Spam Act 2003 s 6 (Aust)
7: Act binds the Crown
This Act binds the Crown. Spam Act 2003 s 12 (Aust)
8: Application of Act outside New Zealand
1: This Act extends to the engaging in conduct outside New Zealand by a relevant person to the extent that that conduct results in a civil liability event occurring.
2: In this section, relevant person
a: an individual who is a resident of New Zealand; or
b: an organisation that carries on business or activities in New Zealand. Spam Act 2003 s 14 (Aust)
2: Restrictions on electronic messages, address-harvesting software, and harvested-address lists
1: Commercial electronic messages
9: Unsolicited commercial electronic messages must not be sent
1: A person must not send, or cause to be sent, an unsolicited commercial electronic message that has a New Zealand link.
2: If a recipient uses an unsubscribe facility in accordance with section 11(1)(a)
3: A person who contends that a recipient consented to receiving a commercial electronic message has the onus of proof in relation to that matter. Spam Act 2003 s 16(1), (2), (5), (6) (Aust)
10: Commercial electronic messages must include accurate sender information
A person must not send, or cause to be sent, a commercial electronic message that has a New Zealand link unless—
a: the message clearly and accurately identifies the person who authorised the sending of the message; and
b: the message includes accurate information about how the recipient can readily contact that person; and
c: the information referred to in paragraph (b)
d: the information referred to in paragraph (b) Spam Act 2003 s 17(1) (Aust)
11: Commercial electronic messages must contain functional unsubscribe facility
1: A person must not send, or cause to be sent, a commercial electronic message (the principal message
a: the principal message includes a functional unsubscribe facility that the recipient may use to instruct the person who authorised the sending of the principal message (the sender
b: the unsubscribe facility is expressed and presented in a clear and conspicuous manner; and
c: the unsubscribe facility allows the recipient to respond to the sender using the same method of communication that was used to send the principal message; and
d: there is no cost to the recipient if the recipient uses the unsubscribe facility; and
e: the unsubscribe facility is reasonably likely to be functional and valid for at least 30 days after the principal message is sent; and
f: the unsubscribe facility complies with any conditions specified in the regulations.
2: Subsection (1) does not apply to the extent (if any) to which it is inconsistent with the terms of a contract, arrangement, or understanding between—
a: the person who authorised the sending of the principal message; and
b: the recipient. Spam Act 2003 s 18(1), (3), (9) (Aust)
12: Defences
1: A person who sends an electronic message, or causes an electronic message to be sent, in contravention of section 9 10 11
a: that person sent the message, or caused the message to be sent, by mistake; or
b: the message was sent without that person's knowledge (for example, because of a computer virus or a malicious software programme).
2: A person who wishes to rely on a defence in subsection (1) has the onus of proof in relation to that matter. Spam Act 2003 ss 16(4), (5), 17(3), (4), 18(4), (5) (Aust)
2: Address-harvesting software and harvested-address lists
13: Restriction on use of address-harvesting software and harvested-address lists
1: A person must not use address-harvesting software or a harvested-address list in connection with, or with the intention of, sending unsolicited commercial electronic messages in contravention of section 9
2: In subsection (1), person
a: an individual who is physically present in New Zealand at the time of the use:
b: an organisation that carries on business or activities in New Zealand at the time of the use.
3: The prohibition in subsection (1) applies whether the unsolicited commercial electronic messages were sent by, or intended to be sent by,—
a: the person who used the address-harvesting software or harvested-address list; or
b: any other person. Spam Act 2003 s 22(1), (2) (Aust)
14: Onus of proof
A person who contends that his or her use of address-harvesting software or a harvested-address list was not in connection with, or was not with the intention of, sending unsolicited commercial electronic messages in contravention of section 9 Spam Act 2003 s 20(4) (Aust)
3: Third party breaches of Act
15: Third party breaches of Act
A person must not—
a: aid, abet, counsel, or procure a breach of any of sections 9 to 11 13
b: induce, whether by threats or promises or otherwise, a breach of any of sections 9 to 11 13
c: be in any way, directly or indirectly, knowingly concerned in, or party to, a breach of any of sections 9 to 11 13
d: conspire with others to effect a breach of any of sections 9 to 11 13 Spam Act 2003 ss 16(9), 17(5), 18(6), 20(5), 21(3), 22(3) (Aust)
4: Rules of general application throughout Act
16: Supplying message service
A service provider does not send an electronic message, or cause an electronic message to be sent, or contravene section 15 Spam Act 2003 ss 9, 16(10), 17(6), 18(7) (Aust)
17: Person who authorises sending of electronic messages
1: For the purposes of sections 6 10 11
a: person B is taken to authorise the sending of that message; and
b: person A is taken not to authorise the sending of that message.
2: However, person A only sends an electronic message on behalf of person B if person A has the authority to do so. Spam Act 2003 s 8 (Aust)
3: Enforcement provisions
1: Civil liability events
18: Meaning of civil liability event
In this Part, a civil liability event
a: section 9(1)
b: section 10
c: section 11(1)
d: section 13(1)
e: section 15 Spam Act 2003 ss 16(11), 17(7), 18(8), 20(6), 21(4), 22(4) (Aust)
19: Possible responses to civil liability event
If a civil liability event is alleged to have occurred,—
a: any person affected by that event may do 1 or more of the following:
i: seek an injunction from the High Court under section 40 42
ii: make an application to the court for compensation or damages under section 46
iii: apply to join any court action initiated by the enforcement department or any other person under section 47
b: an enforcement officer may do 1 or more of the following:
i: issue a formal warning under section 23
ii: issue a civil infringement notice under section 24
iii: apply for a search warrant under section 51
c: the enforcement department may do 1 or more of the following:
i: accept an enforceable undertaking under section 34 section 35
ii: seek an injunction from the High Court under section 40 42
iii: make an application to the court for a pecuniary penalty under section 45
iv: make an application to the court for compensation or damages under section 46
v: apply to join any court action initiated by any other person under section 47
2: Functions and powers of enforcement department and enforcement officers
20: Functions and powers of enforcement department
The enforcement department—
a: may investigate, and take enforcement action in relation to, an alleged civil liability event if it considers that an investigation or enforcement action is appropriate in the circumstances; and
b: must make publicly available information concerning—
i: the functions and powers of the enforcement department and enforcement officers under this Act; and
ii: the purposes and provisions of this Act; and
iii: the rights and responsibilities of persons to whom this Act applies; and
c: must monitor information and communications technologies and the way in which they are utilised to send and receive unsolicited commercial electronic messages; and
d: must—
i: establish an electronic address to which a recipient may forward electronic messages containing sexual content that the recipient has not consented to receiving; and
ii: make publicly available information about how people may use that electronic address; and
iii: if it considers it appropriate in the circumstances, make recommendations to government or non-government organisations about possible responses to the types of electronic messages forwarded to that electronic address; and
e: must endeavour to ensure that New Zealand complies with all international agreements and arrangements concerning unsolicited commercial electronic messages to which New Zealand is a party; and
f: may consult with, advise, and assist government and non-government organisations and other persons overseas, for the purpose of promoting and enforcing international procedures to prevent unsolicited commercial electronic messages being sent or received.
21: Chief executive may appoint enforcement officers
The chief executive may appoint enforcement officers, on a permanent or temporary basis, to exercise the powers conferred on them by this Act. 2003 No 51 s 330
22: Authority to act as enforcement officer
1: The chief executive must issue a warrant of appointment to every person appointed as an enforcement officer.
2: A warrant of appointment must—
a: be in the prescribed form; and
b: bear the photograph and signature of the holder; and
c: contain any other particulars that may be prescribed.
3: A warrant of appointment is, in the absence of evidence to the contrary, sufficient proof that the holder of the warrant may exercise the powers conferred on enforcement officers under—
a: section 23
b: sections 24 to 31
c: sections 51 to 56
4: A person who ceases to be an enforcement officer must return the person's warrant of appointment.
5: A person who fails to comply with subsection (4) commits an offence and is liable on 2003 No 51 s 331 Section 22(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Formal warnings
23: Formal warnings
1: An enforcement officer may issue 1 or more formal warnings to a person if the enforcement officer has reasonable grounds to believe that that person has committed a civil liability event.
2: A formal warning must be—
a: in the prescribed form; and
b: issued in the manner specified in the regulations. Spam Act 2003 s 41 (Aust) Civil infringement notices
24: Civil infringement notices
If an enforcement officer has reasonable grounds to believe that a person has committed 1 or more civil liability events, the enforcement officer may issue a civil infringement notice relating to those events to that person. Spam Act 2003 Sch 3, cl 3 (Aust)
25: Issue of civil infringement notices
1: A civil infringement notice must be issued within 12 months after the day on which the earliest civil liability event referred to in the notice is alleged to have occurred.
2: A civil infringement notice may be issued—
a: by delivering it to the person alleged to have committed the civil liability event; or
b: by post, addressed to that person's last known place of residence or business.
3: A civil infringement notice issued to a person in accordance with subsection (2)(b) is deemed to have been issued on the day it was posted. Spam Act 2003 Sch 3, cl 3 (Aust)
26: Form of civil infringement notices
A civil infringement notice must—
a: contain sufficient particulars to inform the person issued with the notice of the time, manner, and nature of the alleged civil liability events; and
b: specify the penalty to be paid for each civil liability event alleged to have occurred, which must not exceed the amount specified in the regulations; and
c: specify the time within which the penalty must be paid; and
d: give an explanation of how payment of the penalty is to be made; and
e: contain a statement of the person's right to object to the notice; and
f: contain a statement of what may happen if the person neither pays the penalty nor objects to the notice; and
g: contain any further information specified in the regulations. Spam Act 2003 Sch 3, cl 4 (Aust)
27: Objections to civil infringement notices
1: An objection to a civil infringement notice—
a: may be made only on the grounds specified in the regulations:
b: must contain all of the information specified in the regulations:
c: must be made within the time and in the manner specified in the regulations.
2: An enforcement officer—
a: must consider every objection that is properly made under subsection (1); and
b: may turn down the objection, alter the civil infringement notice, or withdraw the civil infringement notice in accordance with section 28
c: must, as soon as reasonably practicable, notify the objector in writing—
i: as to whether the objection has been turned down, upheld, or upheld in part; and
ii: of the effect of the enforcement officer's decision.
3: A person may not object to a civil infringement notice that has been altered by an enforcement officer under subsection (2)(b).
28: Withdrawal of civil infringement notice
1: An enforcement officer may, by written notice (the withdrawal notice
2: To be effective, the withdrawal notice must be given to the person within 20 working days after the later of the day on which—
a: the notice was issued; or
b: if applicable, the enforcement officer issues his or her final response to an objection to the civil infringement notice.
3: An enforcement officer must refund the penalty specified in a civil infringement notice if—
a: the penalty specified in the civil infringement notice has been paid; and
b: the civil infringement notice is withdrawn after the penalty was paid. Spam Act 2003 Sch 3, cl 6 (Aust)
29: What happens if penalty is paid
1: This section applies if—
a: a civil infringement notice relating to 1 or more alleged civil liability events is issued to a person, even if that notice is subsequently withdrawn; and
b: the penalty is paid in accordance with the civil infringement notice, even if that penalty is subsequently refunded.
2: If subsection (1) applies,—
a: any liability of the person for the alleged civil liability events to which the civil infringement notice relates is discharged, except for the purposes of section 46
b: proceedings under section 45 Spam Act 2003 Sch 3, cl 7 (Aust)
30: Effect of civil infringement notice on civil proceedings
1: A civil infringement notice issued to a person does not prevent proceedings under section 45
a: the person does not pay the penalty specified in the civil infringement notice for that event; or
b: a civil infringement notice relating to the event is issued to the person and subsequently withdrawn before the penalty specified in the notice is paid.
2: A civil infringement notice issued to a person does not prevent proceedings under section 46 Spam Act 2003 Sch 3, cl 8 (Aust)
31: Recovery of unpaid penalty
1: The consequence specified in subsection (2) applies if a person—
a: is issued with a civil infringement notice; and
b: fails to pay all, or any part, of the penalty specified in the notice by the time specified in the notice.
2: The consequence is that an enforcement officer may recover from the person, as a debt due to the enforcement department, in the District Court
a: the unpaid portion of the penalty; and
b: the actual and reasonable costs of recovery awarded against the person by that court.
3: In any proceedings for the recovery of a debt under this section, the District Court must not enter judgment in favour of the enforcement department unless it is satisfied that the circumstances in subsection (1) exist. Section 31(2) amended 1 March 2017 section 261 District Court Act 2016
32: Right to appeal
1: A person may appeal to the District Court
a: turn down the person's objection to a civil infringement notice; or
b: alter a civil infringement notice.
2: An appeal under subsection (1) must be brought within 20 working days after the date on which the notice under section 27(2)(c)
3: An appeal under subsection (1) does not operate as a stay of the civil infringement notice. Section 32(1) amended 1 March 2017 section 261 District Court Act 2016
33: Decision on appeal
1: The District Court section 32
2: If the District Court dismisses an appeal, the dismissal must be taken to be an order for the payment of the penalty specified in the civil infringement notice to which the decision under appeal relates.
3: If the District Court allows an appeal, it may make an order that the penalty specified in the civil infringement notice to which the decision under appeal relates—
a: is varied or cancelled; or
b: is to be refunded to the person, if the appeal is allowed after the penalty was paid to the enforcement department or was recovered as a debt due to the enforcement department under section 31 Section 33(1) amended 1 March 2017 section 261 District Court Act 2016 Enforceable undertakings
34: Enforceable undertakings
1: The enforcement department may accept a written undertaking given by a person in connection with—
a: commercial electronic messages; or
b: address-harvesting software; or
c: harvested-address lists.
2: The person may withdraw or vary the undertaking at any time, but only with the consent of the enforcement department. Spam Act 2003 s 38 (Aust)
35: Enforcement of undertakings
1: If the enforcement department considers that a person who gave an undertaking under section 34
2: If the court is satisfied that the person has breached 1 or more of the terms of the undertaking, the court may make any or all of the following orders:
a: an order directing the person to comply with the relevant terms of the undertaking:
b: an order directing the person to pay to the enforcement department an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:
c: any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach:
d: any other order that the court considers appropriate. Spam Act 2003 s 39 (Aust)
36: Assessment of compensation for breach of undertaking
For the purposes of section 35(2)(c) victim
a: the extent to which any expenses incurred by the victim are attributable to dealing with the breach:
b: the effect of the breach on the victim's ability to carry on business or other activities:
c: any damage to the reputation of the victim's business that is attributable to dealing with the breach:
d: any loss of business opportunities suffered by the victim as a result of dealing with the breach:
e: any other matters that the court considers relevant. Spam Act 2003 s 40 (Aust)
3: Powers of courts
General
37: Jurisdiction of District
Court
1: In accordance with this Act, the District Court
a: recovery of an unpaid penalty specified in a civil infringement notice under section 31
b: appeals from civil infringement notices under sections 32 33
c: applications for an order in relation to an undertaking under sections 35 36
d: applications for a pecuniary penalty under section 45
e: applications for compensation or damages under section 46
f: applications for joining of parties or proceedings under section 47
g: applications for a search warrant to search a place or thing under section 51
2: In the exercise of its jurisdiction under this section, the District Court
a: make an order under section 35 $350,000
b: make an order under section 45 $350,000
c: make an order under section 46 $350,000 1986 No 121 ss 38 43(3) Section 37 heading amended 1 March 2017 section 261 District Court Act 2016 Section 37(1) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2)(c) amended 1 March 2017 section 261 District Court Act 2016
38: Jurisdiction of High Court
In accordance with this Act, the High Court may hear and determine the following matters:
a: applications for an order in relation to an undertaking under sections 35 36
b: applications for injunctions under section 40 42
c: applications for a pecuniary penalty under section 45
d: applications for compensation or damages under section 46
e: applications for joining of parties or proceedings under section 47 1986 No 121 s 37 Injunctions
39: Powers of High Court not affected
The powers in sections 40 to 44 Spam Act 2003 s 36 (Aust)
40: Performance injunctions
1: The High Court may, on the application of the enforcement department or any other person, grant an injunction requiring a person to do an act or thing if—
a: that person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do that act or thing; and
b: the refusal or failure was, is, or would be a civil liability event.
2: The court may rescind or vary an injunction granted under this section. Spam Act 2003 ss 32, 34 (Aust)
41: When High Court may grant performance injunctions
1: The High Court may grant an injunction requiring a person to do an act or thing if—
a: it is satisfied that the person has refused or failed to do that act or thing; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing.
2: Subsection (1)(a) applies whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing.
3: Subsection (1)(b) applies whether or not the person has previously refused or failed to do that act or thing or there is an imminent danger of substantial damage to any other person if that person refuses or fails to do that act or thing. Spam Act 2003 s 35 (Aust)
42: Restraining injunctions
1: The High Court may, on the application of the enforcement department or any other person, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute a contravention of a provision of this Act.
2: The court may rescind or vary an injunction granted under this section. 2003 No 52 s 96
43: When High Court may grant restraining injunctions and interim injunctions
1: The High Court may grant an injunction restraining a person from engaging in conduct of a particular kind if—
a: it is satisfied that the person has engaged in conduct of that kind; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
3: Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.
4: Subsections (1)(b) and (2) apply whether or not the person has previously engaged in conduct of that kind or there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind. 2003 No 52 ss 97 98
44: Undertaking as to damages not required by enforcement department
1: If the enforcement department applies to the High Court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the enforcement department to give an undertaking as to damages.
2: However, in determining the enforcement department's application for the grant of an interim injunction, the court must not take into account that the enforcement department is not required to give an undertaking as to damages. 2003 No 52 s 98 Pecuniary penalties, compensation,
45: Pecuniary penalties for civil liability event
1: On the application of the enforcement department, the court may order a person (the perpetrator
2: Subject to the limits in subsections (3) and (4), the pecuniary penalty that the court orders the perpetrator to pay must be an amount which the court considers appropriate taking into account all relevant circumstances, including—
a: the number of commercial electronic messages sent:
b: the number of electronic addresses to which a commercial electronic message was sent:
c: whether or not the perpetrator has committed prior civil liability events.
3: If the perpetrator is an individual, the court may order the perpetrator to pay a pecuniary penalty not exceeding $200,000 in respect of the civil liability events that are the subject of the enforcement department's application.
4: If the perpetrator is an organisation, the court may order the perpetrator to pay a pecuniary penalty not exceeding $500,000 in respect of the civil liability events that are the subject of the enforcement department's application. Spam Act 2003 ss 24, 25, 26 (Aust)
46: Compensation and damages for civil liability event
1: This section applies if the court is satisfied that—
a: a person (the perpetrator
b: another person (the victim
2: The court may make a finding under subsection (1)—
a: on the application of the victim; or
b: on the application of the enforcement department.
3: If this section applies, the court may make an order that the court considers appropriate directing the perpetrator to pay to the victim either or both of the following:
a: compensation for any loss suffered by the victim as a result of the civil liability event:
b: damages not exceeding an amount equal to the financial benefit obtained by the perpetrator as a result of the civil liability event. Spam Act 2003 ss 28, 29 (Aust)
47: Joinder of parties
1: On the application of the enforcement department or any other person, the court may direct that—
a: an application for compensation or damages under section 46 section 45
b: an application by the enforcement department for a pecuniary penalty under section 45 section 46
c: 2 or more applications for compensation or damages under section 46
2: The court may make a direction under subsection (1)—
a: at any stage of the proceedings; and
b: upon any terms that it thinks fit; and
c: according to the merits and equities of the circumstances.
48: Interrelationship of civil liability remedies
1: A person may be liable for a pecuniary penalty, compensation, and damages for the same civil liability event.
2: However, in determining whether to order a person to pay a pecuniary penalty, or compensation, or damages (individually, a civil liability remedy
a: whether that person has already paid another civil liability remedy for the same civil liability event; and
b: if so, the amount and effect of that first civil liability remedy. Spam Act 2003 ss 28(3), 29(2) (Aust)
49: Applicable rules, procedure, and standard of proof
The proceedings under sections 45 46
50: Time limit for applying for pecuniary penalty, compensation, and damages
1: An application for a pecuniary penalty may be made at any time within 2 years after the date on which the matter giving rise to the civil liability event was discovered or ought reasonably to have been discovered.
2: The usual time limits apply to all applications for compensation or damages. Spam Act 2003 ss 26(2), 28(4), 29(3) (Aust)
4: Search and seizure
51: Search warrant
1: An enforcement officer may apply in the manner provided in subpart 3
2:
3: The application must be made to an issuing officer (within the meaning of section 3
4: The issuing officer
a: a civil liability event has been, or is being, committed at the place or involving the thing; or
b: there is in, on, over, or under the place or thing, anything that is evidence of a civil liability event.
5: The provisions of Part 4
6: Despite subsection (5), sections 118 119 Section 51(1) amended 1 October 2012 section 304(2) Search and Surveillance Act 2012 Section 51(2) repealed 1 October 2012 section 304(3) Search and Surveillance Act 2012 Section 51(3) amended 1 October 2012 section 304(4) Search and Surveillance Act 2012 Section 51(4) amended 1 October 2012 section 304(5) Search and Surveillance Act 2012 Section 51(5) replaced 1 October 2012 section 304(6) Search and Surveillance Act 2012 Section 51(6) inserted 1 October 2012 section 304(6) Search and Surveillance Act 2012
52: Form and content of search warrant
Section 52 repealed 1 October 2012 section 304(7) Search and Surveillance Act 2012
53: Powers conferred by search warrant
Section 53 repealed 1 October 2012 section 304(7) Search and Surveillance Act 2012
54: Person with knowledge of computer or computer network to assist access
Section 54 repealed 1 October 2012 section 304(7) Search and Surveillance Act 2012
55: Requirements when executing search warrant
Section 55 repealed 1 October 2012 section 304(7) Search and Surveillance Act 2012
56: Disposal of property or thing seized under search warrant
Section 56 repealed 1 October 2012 section 304(7) Search and Surveillance Act 2012
4: Miscellaneous provisions
57: Alterations to Schedule
1: The Governor-General may, by Order in Council, amend the Schedule by, with respect to the list of messages that are not electronic messages,—
a: adding a type of message to the list and, if required, a description of that type of message:
b: omitting a type of message from the list and, if relevant, an associated description of that type of message:
c: amending a type of message on the list:
d: amending a description of a type of message.
2: An order 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 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 57(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
58: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: specifying circumstances from which a recipient may or may not be inferred to have consented to receiving an electronic message:
b: setting out further purposes that exclude an electronic message from being a commercial electronic message under section 6
c: specifying conditions for the purposes of section 10(c)
d: specifying conditions for the purposes of section 11(1)(f)
e: prescribing the form of a warrant of appointment of an enforcement officer and any particulars that the warrant must contain for the purposes of section 22(2)
f: prescribing the form of formal warnings and specifying the manner in which they must be issued under section 23
g: specifying the maximum penalty, which must not exceed $2,000 for each civil liability event alleged to have occurred, that may be required under a civil infringement notice under section 26(b)
h: specifying any further information that must be contained in a civil infringement notice under section 26(g)
i: specifying, in accordance with section 27
i: the grounds on which an objection to a civil infringement notice may be made; and
ii: the information that must be contained in an objection; and
iii: the time within which, and the manner in which, an objection must be made:
j:
k:
l: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 Spam Act 2003 ss 45, 47 (Aust) 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 58(1)(j) repealed 1 October 2012 section 304(7) Search and Surveillance Act 2012 Section 58(1)(k) repealed 5 December 2013 section 4 Unsolicited Electronic Messages Amendment Act 2013 Section 58(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021


Customs and Excise Amendment Act 2007

1: Title
This Act is the Customs and Excise Amendment Act 2007.
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 Customs and Excise Act 1996
1: Main amendments to principal Act
4: Interpretation
1: Section 2(1) dangerous item
a: any firearm (as defined in section 11(2) of the Aviation Crimes Act 1972
b: any dangerous or offensive weapon or instrument of any kind whatsoever; or
c: any ammunition; or
d: any explosive substance or device, or any other injurious substance or device of any kind whatsoever that could be used to endanger a person's safety
2: The definition of exportation section 56(1)(a) section 56
3: Paragraph (b) New Zealand 143(1AA), 140(1),
4: The definition of prohibited exports or electronic publications goods
5: Inward report
Section 26
3: The particulars and supporting documents referred to in subsection (2)(a) section 21(1)(a)
6: New heading and sections 32A to 32C inserted
The following heading and sections are inserted after section 32 Further requirements relating to persons arriving in or departing from New Zealand
32A: Use of electronic communication devices prohibited in certain places
1: This section applies to any Customs place or Customs controlled area that is used by persons arriving in or departing from New Zealand.
2: A Customs officer may erect a sign prohibiting in a place or area to which this section applies the use of any electronic communication device identified on the sign (by words, or images, or both).
3: If a sign has been erected in a place under subsection (2)
4: Every person must comply with a requirement by a Customs officer under subsection (3)
5: In this section, electronic communication device
a: transmitting sound:
b: computing information:
c: functioning as a telephone:
d: communicating in any other way using any technology (including telecommunication, radiocommunication, and broadcasting technology).
32B: Completion of processing under Immigration Act 1987 and Biosecurity Act 1993
1: This section applies to a person in a designated place who has arrived in New Zealand or who departs, or attempts to depart, from New Zealand.
2: The person must remain in the designated place until the processing, under the Immigration Act 1987 Biosecurity Act 1993
3: A Customs officer may direct the person to comply with the person's obligation under subsection (2)
4: For the purposes of subsection (2)
a: the person has complied with all obligations imposed on the person, in respect of the person's arrival in, or departure from, New Zealand, under the Immigration Act 1987 Biosecurity Act 1993
b: the powers and duties under those Acts that are, in relation to the person, required to be exercised or performed in the designated place have, so far as practicable, been exercised or performed in that place.
5: In this section,— authorised officer Immigration Act 1987 Biosecurity Act 1993 designated place means
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the Chief Executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand; or
d: a police station to which a person reports under section 27(1) processing
a: consideration by any authorised officer as to the applicability of powers and duties under the Immigration Act 1987 Biosecurity Act 1993
b: reconsideration by any authorised officer, in the light of any new information, of a previous exercise or performance of a power or duty under the Immigration Act 1987 Biosecurity Act 1993
c: any reasonable time following a request by a Customs officer that an authorised officer who is not present at the designated place consider, exercise, or perform a particular power or duty under the Immigration Act 1987 Biosecurity Act 1993
i: may, in the opinion of the Customs officer, be applicable to the person; and
ii: may not be exercised or performed by any authorised officer present at the designated place at the time of the request; but
iii: may be exercised or performed by the authorised officer to whom that request is made.
32C: Cases requiring investigation for public health or law enforcement purposes
1: This section applies to a person in a designated place who has arrived in New Zealand or who departs, or attempts to depart, from New Zealand, if a Customs officer has reasonable cause to suspect that the person—
a: is, under an enactment, liable to be detained because of an infectious disease; or
b: is liable to be arrested under a warrant issued by a court or by any registrar; or
c: is, in attempting to depart from New Zealand or in attempting to remove another person from New Zealand, contravening, or about to contravene, an enactment or an order issued by a court; or
d: is liable to be prosecuted for an offence punishable by imprisonment; or
e: has contravened any of the following enactments:
i: the Biosecurity Act 1993
ii: the Human Assisted Reproductive Technology Act 2004
iii: the Misuse of Drugs Act 1975
iv: the Passports Act 1992
v: the Terrorism Suppression Act 2002
vi: the Trade in Endangered Species Act 1989
vii: regulations under the United Nations Act 1946
viii: any enactment specified for the purposes of this section by the Governor-General in Council, being an enactment that contains an offence involving the unlawful entry into New Zealand, or the unlawful removal from New Zealand, of a person, matter, or thing; or
f: is endangering, or threatening to endanger, the life, health, or safety of a person or group of persons.
2: The Customs officer may direct the person to remain in the designated place for the purposes of obtaining the attendance of, or making inquiries of, another officer who is authorised, in respect of a matter specified in subsection (1)
a: question the person:
b: ascertain or determine the status of the person:
c: detain the person:
d: arrest the person.
3: The person must comply with any direction given under this section.
4: A direction under this section ceases to have effect 4 hours after it is given.
5: In this section,— another officer
a: a member of the police; or
b: a bailiff; or
c: an employee or agent of a department of State designated place
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the Chief Executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand.
7: New section 34 substituted
Section 34
34: Certificate of clearance
Unless otherwise approved by the Chief Executive, before any certificate of clearance is granted to the person in charge of any craft to which section 33
a: deliver to the Customs, within any time or times prescribed, an outward report in the prescribed form and manner that contains the prescribed particulars verified by declaration, and which is accompanied by any supporting documents the Chief Executive may require (the outward report and any supporting documents may be delivered to the Customs within any time or times after departure that is or are prescribed either generally or for a particular case or class of case); and
b: answer any question asked by a Customs officer relating to the craft and its passengers, crew, cargo, stores, and intended voyage or journey; and
c: produce any other documents required by a Customs officer relating to the craft and its passengers, crew, cargo, stores, and intended voyage or journey; and
d: comply with all requirements in this or any other Act concerning the craft and its passengers, crew, cargo, stores, and intended voyage or journey.
8: Prohibited exports
1: Section 56(1) paragraph (b)
b: goods or electronic publications the exportation of which is prohibited by an order under subsection (2)(a) or (b)
c: goods or electronic publications the exportation of which the Secretary has determined is prohibited under an order under subsection (2)(c)
2: Section 56(1A) subsection (1)(a) subsection (1)
3: Section 56(2)
2: If the Governor-General considers prohibition is necessary in the public interest, the Governor-General may by Order in Council prohibit the exportation from New Zealand of any or all of the following:
a: any specified—
i: electronic publications that have or may have a strategic use; or
ii: goods; or
b: a specified class or classes of—
i: electronic publications that have or may have a strategic use; or
ii: goods; or
c: goods or electronic publications described by any use to which—
i: they may be put; or
ii: any information recorded on them may be put; or
iii: any information capable of being derived from them may be put.
2A: For the purposes of this section,— military Secretary software strategic use
a: the development, production, or deployment of nuclear explosive devices (as defined in section 2 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987
b: the development, production, or deployment of biological weapons (as defined in section 2 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987
c: the development, production, or deployment of chemical weapons (as defined in the Schedule of the Chemical Weapons (Prohibition) Act 1996
d: military use or applications; or the development, production, or deployment of military goods or other goods that have a civilian use but that are intended for military use or that may have military applications.
2B: An order under subsection (2)(c)
a: where contrary to New Zealand's interests, strategic uses:
b: terrorist acts (as defined in section 5 of the Terrorism Suppression Act 2002
2C: The Secretary may determine that any goods or electronic publications are goods or electronic publications described by an order under subsection (2)(c)
2D: As soon as practicable after making a determination under subsection (2C)
2E: The relevant exporter is deemed to have received the Secretary's notice under subsection (2D) section 285
2F: If any person is aware or should reasonably be aware that any goods or electronic publications the person wishes to export are intended for or may have any of the uses described in an order made under subsection (2)(c)
2G: The Secretary must maintain an up-to-date list of all goods, classes of goods, electronic publications, and classes of electronic publications that are prohibited under subsection (2)(a) and (b)
2H: The Secretary must make the list maintained under subsection (2G)
a: notifying the Chief Executive of it; and
b: publishing it on the Internet (at all reasonable times) on a website maintained by, or on behalf of, the Secretary.
2I: Any failure to publish a list under subsection (2H)
4: Section 56(3)(b) or electronic publications goods
5: Section 56(4) or electronic publications goods
9: New section 65 substituted
Section 65
65: Regulations for determining country of produce or manufacture
Without limiting the power to make regulations conferred by section 286
a: prescribing the goods or any type or class of goods that are deemed to be the produce or manufacture of any country or group of countries—
i: for the purposes of this Act; or
ii: for the purposes of the Tariff Act 1988
b: prescribing the conditions to be fulfilled before goods are deemed to be the produce or manufacture of any country; and
c: authorising the Chief Executive to determine (in relation to specific goods)—
i: that the percentage of the goods' factory or works costs is to be increased or decreased:
ii: the valuation or method of valuation (including a reduced or zero valuation) if any material, labour, or overhead used in the goods production has been supplied free of charge or at a reduced cost:
iii: the required percentage of qualifying area content in case of unforeseen circumstances that are unlikely to continue:
iv: variations or conditions relating to the goods entering the commerce of another country.
10: Indexation of rates of excise duty and excise-equivalent duty on alcoholic beverages and tobacco products
1: Section 79(2)(b) June July
2: Section 79(2)(c) December January
3: Section 79(3) 30th day of September in 30th day of September immediately before
11: New section 83 substituted
Section 83
83: Excise duty and excise-equivalent duty on spirits and other alcoholic beverages if approval not complied with
1: The Chief Executive may make an assessment of duty if the Chief Executive has reasonable cause to suspect that a person granted an approval to which this subsection applies has not complied with the conditions of the approval.
2: Subsection (1)
a: excise item number 99.35.30E in Part A of Schedule 3
b: excise item number 99.55.00D in Part A of Schedule 3
c: tariff item number 2207.10.29 in Part B of Schedule 3
3: Where an assessment is made under subsection (1)
4: The duty assessed in accordance with this section must be paid in accordance with subsection (5)
5: The due date for the payment of any duty assessed in accordance with this section is the date that is 20 working days after the date on which written notice of the assessment is given by the Chief Executive.
6: The Chief Executive must, if satisfied that the non-compliance with the conditions was neither intentional nor negligent, remit or refund the duty on the goods.
7: A person liable for the payment of the excise duty who is dissatisfied with a decision of the Chief Executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
12: New section 148C inserted
The following section is inserted after section 148B
148C: Detention for public health or law enforcement purposes
1: A Customs officer may detain a person who is required to comply with a direction given under section 32C
2: If a Customs officer has reasonable cause to suspect that a person who is detained under section 148 or 148A or 148B section 32C(1)
a: detain the person under this section as well as the other section; or
b: if the detention under the other section has ended or is about to end, further detain the person under this section.
3: A Customs officer may detain or further detain a person under this section only for the purposes of obtaining the attendance of, or making inquiries of, another officer who is authorised, in respect of a matter specified in section 32C(1)
a: question the person:
b: ascertain or determine a matter relating to the status of the person:
c: detain the person:
d: arrest the person.
4: A person must not be detained or further detained under this section for a period exceeding the shorter of—
a: 4 hours; or
b: if the person's detention commenced under section 148 or 148A subsection (2) section 148 section 148A
5: Reasonable force may be used, if necessary, to detain or further detain a person under this section.
6: Nothing in this section prevents a person—
a: being detained or further detained under another provision of this Act or under any other enactment if there are lawful grounds for that detention; or
b: being arrested under section 174
7: In this section,— another officer
a: a member of the police; or
b: a bailiff; or
c: an employee or agent of a department of State detention
13: New section 155A inserted
The following section is inserted after section 155
155A: Cancellation and amendment of entries
1: The Chief Executive may cancel or amend any entry required under this Act for the purpose of preventing duplication of entries or for the purpose of correcting any entry or any part of an entry.
2: No cancellation or amendment of an entry by the Chief Executive in accordance with subsection (1)
3: The Chief Executive may make a refund of duty in accordance with any cancellation or amendment of an entry.
4: A person who is dissatisfied with a decision of the Chief Executive under subsection (3)
5: Subsection (3) section 111
14: Entry and search under warrant
Section 168 subsection (2)
2: Every search warrant authorises the officer executing the warrant to search for and seize any thing referred to in section 167(1)
a: any other thing that the officer finds and has reasonable cause to suspect may be evidence of the commission of an offence in respect of which that officer could have obtained a warrant under section 167(1)
b: any dangerous item in the circumstances described in section 168A(2)
15: New sections 168A and 168B inserted
The following sections are inserted after section 168
168A: Searching of persons for dangerous items when executing search warrant
1: This section applies to any person who is at the place referred to in the search warrant when the Customs officer arrives at that place, or who arrives at that place when the officer is executing the warrant.
2: A Customs officer may immediately detain and search a person to whom this section applies for dangerous items, and may seize such items under section 168(2)
a: the person has a dangerous item hidden or in clear view on or about his or her person; and
b: the item poses a threat to the safety of the officer or any other person; and
c: there is a need to act immediately in order to address that threat.
3: If necessary, reasonable force may be used for any or all of the following purposes:
a: to detain the person:
b: to search the person:
c: to seize any dangerous item found in carrying out a search under subsection (2)
4: To avoid doubt, a search may be conducted under this section whether or not the person has earlier been the subject of a search under section 168
5: A Customs officer who undertakes a search under this section must, within 3 working days of the search, give the Chief Executive a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (2)
168B: Detention of dangerous items
1: A Customs officer may detain goods that he or she seizes in the course of exercising a power of search under section 168 or 168A(2) section 2(1)
2: If a Customs officer detains goods under subsection (1)
a: as soon as practicable, deliver those goods into the custody of the police; or
b: comply with section 170
3: Once goods have been delivered under subsection (2)
4: Section 199 of the Summary Proceedings Act 1957 subsection (1)
16: Sections 175A to 175C substituted
Section 175A
175A: Seizure and detention of dangerous civil aviation goods
1: A Customs officer may seize and detain goods that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods—
a: are dangerous civil aviation goods that may not be lawfully carried on an aircraft; and
b: are proposed to be carried by an operator.
2: If a Customs officer detains goods under subsection (1)
3: Once goods have been delivered under subsection (2)
4: In this section,— Aviation Security Service section 2 of the Civil Aviation Act 1990 dangerous civil aviation goods section 2 of the Civil Aviation Act 1990 operator section 2 of the Civil Aviation Act 1990
175B: Unlawful travel document
1: In this section— false,
a: is false; or
b: relates in fact to some other person forged,
a: has not been issued by the government by which it purports to have been issued; or
b: has been altered without authority misused, travel document
a: a New Zealand travel document within the meaning of the Passports Act 1992
b: a passport (within the meaning of that Act) that has been issued by the government of a country other than New Zealand; or
c: a certificate of identity (within the meaning of that Act) that has been issued by the government of a country other than New Zealand; or
d: a refugee travel document that has been issued by the government of a country other than New Zealand unlawful travel document
a: a travel document that is false, forged, or misused; and
b: includes any item involved in the production of a document referred to in paragraph (a)
2: A Customs officer may retain or seize any document presented for inspection if the Customs officer has reasonable cause to suspect that the document is an unlawful travel document.
3: A Customs officer may seize any goods found in the course of a search or examination under this Act if the Customs officer has reasonable cause to suspect that the goods are unlawful travel documents.
4: Sections 22, 139, 140, 144, 145, 148, and 149B
5: Any documents or goods retained or seized under this section must be dealt with in accordance with section 175C
6: Section 175C(2) to (5)
175C: Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences
1: A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods—
a: are risk goods (within the meaning of the Biosecurity Act 1993
b: are evidence of the commission of 1 or more offences under 1 or more of the following enactments:
i: section 130 of the Animal Products Act 1999
ii: section 98C of the Crimes Act 1961
iii: section 232 or 233 of the Fisheries Act 1996
iv: section 126(4) or 142(1)(d) of the Immigration Act 1987
v: section 37 or 43 of the Medicines Act 1981
vi: section 29A, 30, or 31 of the Passports Act 1992
2: A Customs officer who detains goods under subsection (1) subsection (4)
3: Once goods have been delivered to a person under subsection (2)
4: The appropriate person referred to in subsection (2)
a: if the Customs officer believes that subsection (1)(b)(ii), (iv), or (vi)
b: if the Customs officer believes that another provision of subsection (1)
5: Section 199 of the Summary Proceedings Act 1957 subsection (1)
17: Offences in relation to arrival of craft
Section 191(1) is amended by repealing paragraph (a)
a: being the person in charge of any craft, fails to comply with any of the following requirements in section 21(1)
i: to give advance notice of any or all of the matters prescribed; or
ii: to give advance notice in the form and manner approved in writing by the Chief Executive; or
iii: to give advance notice within the time prescribed; or
iv: to proceed to a Customs place; or
v: to proceed as directed by a Customs officer:
18: Offences in relation to departure of craft
Section 193(1) is amended by repealing paragraph (b)
b: being the person in charge of any craft,—
i: fails to comply with section 34(a)
ii: refuses to answer any question put to that person by a Customs officer under section 34(b)
iii: fails to produce any documents required by a Customs officer under section 34(c)
19: New section 194A inserted
The following section is inserted after section 194
194A: Failure to comply with requirement to cease using electronic communication device
1: Every person commits an offence who fails to comply with any requirement imposed on that person by or under section 32A(3)
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000.
20: Offences in relation to importation or exportation of prohibited goods
1: Section 209(1) is amended by inserting the following paragraph after paragraph (c)
ca: fails, in breach of section 56(2F) section 56(2)(c)
2: Section 209(3) (ca) (b)
3: Section 209 is amended by inserting the following subsection after subsection (4)
4A: However, it is a defence in a prosecution for an offence relating to an export of goods prohibited by or under section 56(1)(c) section 56(2D)
21: Goods forfeited
1: Section 225(1)(d) or section 149C(1A)(b)
2: Section 225(1)(da) or section 149C(1)(b)
22: Supply of arrival and departure information for benefit purposes
Section 280(1)
c: an allowance established by regulations made under section 303 of the Education Act 1989
23: Additional provision relating to notices under this Act
1: Section 285(2)(b) , except that a notice sent under section 56(2D)
2: Section 285(2)(c) , except that a notice sent under section 56(2D)
3: Section 285(3) or was not received at all
24: Chief Executive may make rules for certain purposes
1: Section 288(1)(b)
2: Section 288(5) or (h) (h), or (i)
2: Consequential amendments to principal Act
25: Section 42 repealed
Section 42
26: Evidence of identity and entitlement to travel
Section 147
5: This section is subject to section 175B
27: Evidence of answers to questions under section 145A
Section 147A
3: This section is subject to section 175B
28: Detention of persons questioned about goods or debt
Section 148 is amended by repealing subsection (2)
2: A Customs officer may detain a person under subsection (1)
a: to enable the officer to make any inquiries necessary to establish whether the answer to the question or the reason or explanation is correct:
b: to obtain the attendance of, or make inquiries of, another Customs officer or a person who is entitled to exercise any power to question, detain, or arrest a person under this Act.
29: Detention of persons committing or about to commit certain offences
1: Section 148B(1) ; or
f: if the person is required to comply with a direction given under section 32B(3)
2: Section 148B(3)
3: Section 148B is amended by repealing subsection (4)
4: A Customs officer or, if applicable, a member of the police must release a person detained under subsection (1) subsection (1)
30: Searching of persons for dangerous items
1: Section 149BA(2)
2: Section 149BA(5)(a) Comptroller of Customs Chief Executive
31: Obligations of persons arriving in or departing from New Zealand
Section 180(1) sections 27 to 32 of this Act sections 27 to 32C section 32A
32: Heading above section 191 amended
The heading above section 191 and persons
33: Defences
Section 195 sections 191 to 194 of this Act sections 191 to 194A
34: Power of Chief Executive to deal with petty offences
Section 223(1)(b) and 186 , 186, and 194A
35: Schedule 1 amended
Schedule 1 Food Regulations 1984 Food (Safety) Regulations 2002


1: Title
This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007.
2: Commencement
This Act comes into force on 1 April 2007.
3: Principal Act amended
This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001
1: Amendments to principal Act
4: New section 167 substituted
Section 167
167: Application and source of funds
1: The purpose of the Work Account is to finance entitlements provided under this Act by the Corporation to employees, private domestic workers, and self-employed persons for work-related personal injuries (other than entitlements funded from the Residual Claims Account).
2: The funds for the Work Account are to be derived from—
a: levies payable, under sections 168, 168A, 168B, and 211
b: payments made to the Corporation in respect of obligations taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000
3: The funds in the Work Account must be applied to meet the costs of—
a: entitlements in respect of employees, private domestic workers, and self-employed persons for work-related personal injuries (other than entitlements funded from the Residual Claims Account); and
b: entitlements in respect of employees, private domestic workers, and self-employed persons for personal injury caused by work-related gradual process, disease, or infection if—
i: the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred on or after 1 July 1999; and
ii: the claimant was an employee, a private domestic worker, or self-employed when performing that task or in that environment (regardless of whether the claimant was an employee, a private domestic worker, or self-employed at the date on which the personal injury is regarded as having been suffered); and
c: entitlements in respect of obligations, under accident insurance contracts of employers and private domestic workers, and for self-employed persons, taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000
d: entitlements that are required to be provided in accordance with Part 11 Accident Insurance Act 1998
e: entitlements, in respect of employers, private domestic workers, and self-employed persons that, immediately before 1 April 2007, would have been funded from the Self-Employed Work Account or the Employers' Account; and
f: administering the Account; and
g: audits and assessments referred to in section 175
h: any other expenditure authorised by this Act.
5: New section 168B inserted
The following section is inserted after section 168A
168B: Self-employed persons to pay levies
1: A self-employed person must pay, in accordance with this Act and regulations made under it, levies to fund the Work Account.
2: A levy must relate to a prescribed period.
3: A self-employed person must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the self-employed person by the Corporation or an agent of the Corporation, being a date not less than 2 months after the date of the invoice or other appropriate document.
6: New section 169 substituted
Section 169
169: Rates of levies
1: Levies are to be paid under sections 168, 168A, and 168B
a: the amount of earnings paid, estimated to be paid, or deemed by regulations to have been paid by an employer to the employer's employees for that period; or
b: the amount of earnings received for that period as a private domestic worker or deemed by regulations to have been received as a private domestic worker for that period; or
c: the level of earnings (other than earnings as an employee) derived, estimated to be derived, or deemed by regulations to be derived, by a self-employed person.
2: The extent of funds to be derived from levies under sections 168, 168A, and 168B
7: New section 169A inserted
The following section is inserted after section 169
169A: Limit on offsets in case of earnings as self-employed person
1: In determining a person's earnings as a self-employed person, no offset may be allowed for the amount of—
a: any net loss of the person for an earlier tax year that might otherwise be offset by the person under section IE 1 of the Income Tax Act 2004
b: any part of the net loss of a loss attributing qualifying company (as defined in section OB 1 of the Income Tax Act 2004 section HG 16 of the Income Tax Act 2004
2: If the result of the calculation of a person's earnings as a self-employed person is a negative amount and the person also derives earnings as an employee, the person's earnings as an employee must not be reduced by the negative amount.
8: Classification of industries or risks
1: Section 170 subsection (1)
1: The Corporation must classify an employer and a self-employed person in an industry or risk class that most accurately describes their activity, being an industry or risk class set out in regulations made under this Act for the purposes of setting levies payable under sections 168, 168B, and 211
2: Section 170 subsection (4)
4: Regulations made under this Act must prescribe a Work Account levy for each industry or risk class defined under subsection (1)
4A: The regulations referred to in subsection (4)
a: may, until the end of the 2009–10 tax year, prescribe the levies at different rates for employers and self-employed persons classified in the same industry or risk class; and
b: must, until the end of the 2009–10 tax year, prescribe the levies at a rate that does not increase or decrease the levy rate payable by employers or self-employed persons in a particular industry or particular risk class by more than 25% of the rate payable in the previous tax year; and
c: must, after the end of the 2009–10 tax year, prescribe the levies at the same rate for employers and self-employed persons classified in the same industry or risk class.
3: Section 170(5) or self-employed person employer
4: Section 170 subsection (6)
6: The Corporation must separately account for the amounts—
a: collected from each industry or risk class under sections 168, 168B, and 211
b: expended for the purposes of section 167(3)
5: Section 170(8) or self-employed persons employers
9: New section 171 substituted
Section 171
171: Classification of self-employed persons and employees engaged in 2 or more activities
1: A self-employed person or (if section 170(3)
2: If a particular activity accounts for 5% or less of a self-employed person's or an employee's earnings for the year, then that activity need not be considered when determining the correct industry or risk class under subsection (1)
3: Subsection (2)
10: New section 172A inserted
The following section is inserted after section 172
172A: Work Account levy not payable on earnings of self-employed person over specified maximum
Nothing in this Act requires a self-employed person to pay a Work Account levy on earnings that exceed the specified maximum.
11: New section 175 substituted
Section 175
175: Risk adjustment of Work Account levies
1: A Work Account levy determined for the purposes of sections 168, 168B, or 211
a: an audit of the employer's or the self-employed person's safety management practices; or
b: an assessment of the self-employed person's safety management capabilities (including, for example, practices and qualifications).
2: To avoid doubt, regulations may limit the application of subsection (1)
a: any 1 or more industries or risk classes:
b: particular types of employers or self-employed persons classified in the same industry or risk class.
3: A Work Account levy determined for the purposes of section 168
4: An audit of an employer's or a self-employed person's safety management practices must, and an assessment of a self-employed person's safety management capabilities may, be conducted in accordance with an audit tool or audit tools that—
a: are approved by the Minister; and
b: measure safety management practice or safety management capability, as the case may be, against independent New Zealand or foreign standards.
5: If any upward adjustment of levies under subsection (3) sections 178 to 180
6: Adjustments to levies may be reassessed on the basis of any new audits or assessments.
7: Regulations made for the purposes of subsection (1)(a) or (3) subsection (1)(b)
a: the level or levels of levy adjustment for different levels of compliance assessed by the audit tool or tools:
b: the basis and conditions on which, and periods for which, Work Account levies may be adjusted:
c: the frequency of, and circumstances under which, there may be additional audits or assessments of an employer's or a self-employed person's safety management practices or capabilities:
d: the order in which applications for audits or assessments are to be dealt with:
e: the approval of auditors by the Corporation.
8: Section 331
9: The Corporation must decide—
a: whether an adjustment to a Work Account levy is to be made; and
b: the level of any adjustment.
12: Medical Misadventure Account renamed
1: The Account known immediately before the commencement of this Act as the Medical Misadventure Account is, on the commencement of this Act, renamed the Treatment Injury Account.
2: Unless in any case the context otherwise requires, every reference to the Medical Misadventure Account in any enactment or document is, after the commencement of this Act, to be read as a reference to the Treatment Injury Account.
13: Consequential amendments
1: The principal Act is consequentially amended in the manner set out in Part 1
2: The Income Tax Act 2004 Part 2
2: Transitional provisions
14: Transfer of assets and liabilities to Work Account
All assets and liabilities of the Employers' Account and the Self-Employed Work Account (as they were immediately before the commencement of this Act) are, on the commencement of this Act, transferred to the Work Account.
15: Sections 330 and 331 do not apply to making of regulations for Work Account for 2007–08 tax year
Sections 330 331
16: Payment of levies payable before 1 April 2007
Amounts of levy that were, or become, payable to the Employers' Account and the Self-Employed Work Account (as they were immediately before the commencement of this Act) in respect of any period before 1 April 2007—
a: continue to be due and payable; and
b: must be paid into the Work Account.


1: Title
This Act is the Disabled Persons Employment Promotion Repeal Act 2007.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Act binds the Crown
This Act binds the Crown.
4: Purpose
The purpose of this Act is to—
a: repeal the Disabled Persons Employment Promotion Act 1960
b: provide for matters arising from the repeal of the Act until the expiry of the transitional period on 30 November 2007.
5: Interpretation
In this Act,— Act Disabled Persons Employment Promotion Act 1960 application for approval section 3 of the Act disabled person section 2 of the Act sheltered workshop section 2 of the Act
2: Repeal of
Disabled Persons Employment Promotion Act 1960
6: Repeal
The Disabled Persons Employment Promotion Act 1960 (1960 No 42) Transitional and savings provisions
7: Approval of organisations
Despite the repeal of the Act, sections 3 to 5 of the Act
8: Exempt organisations
Despite the repeal of the Act, an exemption granted to an organisation listed in Schedule 1 Schedule 2
a: the exemption becoming void and of no effect under section 3(3) of the Act
b: 30 November 2007.
9: Exemption from income tax
Despite the repeal of the Act, any nominal amounts derived by a disabled person from therapeutic activities undertaken in a sheltered workshop must continue to be treated as exempt income for the purpose of section CB 6(a)(i) of the Income Tax Act 1994 section CW 27(1)(d) and section CW 33(1)(d) Section 9 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
10: Meaning of disabled person and sheltered workshop
1: Despite the repeal of the Act, the terms disabled person sheltered workshop section 2 of the Act
2: This section applies to avoid doubt.
11: Consequential repeal
Section 10(1)(a)


Minimum Wage Amendment Act 2007

1: Title
This Act is the Minimum Wage Amendment Act 2007.
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 Minimum Wage Act 1983
4: New section 8 substituted
Section 8
8: Minimum wage exemption permit
1: A Labour Inspector may issue a minimum wage exemption permit to a worker if the Inspector is satisfied that—
a: the worker is significantly and demonstrably limited by a disability in carrying out the requirements of his or her work; and
b: any reasonable accommodations that could have been made to facilitate carrying out the requirements of the work have been considered by the employer and the worker; and
c: it is reasonable and appropriate to grant the permit.
2: To avoid doubt, nothing in subsection (1)(b)
3: A permit—
a: comes into force on the date it is issued or any other date as stated in the permit; and
b: remains in force for the period stated in the permit.
4: While a permit remains in force, the rate of wages stated in the permit is taken to be the minimum rate of wages prescribed under this Act for the worker.
5: A Labour Inspector may revoke a permit at any time if the Inspector considers it is no longer reasonable and appropriate for the permit to remain in force.
6: in this section, disability section 21(1)(h) of the Human Rights Act 1993
5: Consequential amendments and revocations
1: Sections 56(1A) 63(6) Employment Relations Act 2000 an under-rate worker's permit a minimum wage exemption permit
2: The Minimum Wage Regulations 1946 (SR 1946/36)
6: Transitional provision for under-rate workers' permits
An under-rate worker's permit granted under the principal Act and in force immediately before the commencement of this Act continues in force and is to be treated as if it had been issued under section 8