Treaty of Waitangi Amendment Act 2003

1: Title
1: This Act is the Treaty of Waitangi Amendment Act 2003.
2: In this Act, the Treaty of Waitangi Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Validation in respect of certain inquiries
The Tribunal is deemed to be, and to have always been, constituted in accordance with the principal Act for the purpose of inquiring into, and making recommendations on, the claims heard in the following inquiries:
a: the Hauraki inquiry (Wai 686):
b: the Kaipara inquiry (Wai 674):
c: the Wellington Tenths inquiry (Wai 145).
4: Schedule 2 Schedule 2 clause 5
5AA: Chairperson may appoint replacement presiding officer
1: For the purposes of an inquiry into a particular claim or other matter under section 5(1) clause 5(1)(a)
2: Clause 5(2) and (3) subclause (1)
5AB: Chairperson may appoint replacement member
For the purposes of an inquiry into a particular claim or other matter under section 5(1) clause 5(1)(b)
5AC: Conditions applying to replacement appointments
1: An appointment made under clause 5AA or clause 5AB section 5(1)
2: The power conferred on the Chairperson by clauses 5AA and 5AB
a: the presiding officer or member holding office under clause 5(1)
i: as provided for in clause 2
ii: in the case of a Judge of the Maori Land Court, as provided for in section 12 of Te Ture Whenua Maori Act 1993
b: the personal circumstances of the presiding officer or member holding office under clause 5(1)
c: it would be unreasonable to expect the presiding officer or member holding office under clause 5(1)
3: If the Tribunal has commenced its inquiry into the particular claim or other matter, the Chairperson must not exercise the power conferred by clause 5AA or clause 5AB
a: there is an adequate record of the inquiry that has already been heard by the Tribunal; and
b: it is reasonable to expect the person appointed to the Tribunal under clause 5AA or clause 5AB
4: For the avoidance of doubt, the power conferred by clauses 5AA and 5AB subclause (2)
5AD: Chairperson may appoint acting presiding officer
1: The Chairperson may appoint an acting presiding officer if the presiding officer appointed under clause 5(1)(a) section 5(1)
a: his or her illness; or
b: unforeseen circumstances that prevent his or her attendance.
2: Only a member of the Tribunal who is a barrister or solicitor of the High Court of at least 7 years' standing is qualified for appointment under subclause (1)
3: In making an appointment under this clause, the Chairperson must fix and state the period for which the acting presiding officer is appointed.
5AE: Conditions applying to appointment of acting presiding officer
1: The power conferred on the Chairperson by clause 5AD
2: A person appointed to be an acting presiding officer under clause 5AD


Broadcasting Amendment Act 2003

1: Title
1: This Act is the Broadcasting Amendment Act 2003.
2: In this Act, the Broadcasting Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Membership of Te Reo Whakapuaki Irirangi
Section 53I , after consultation with the Minister of Maori Affairs,
4: Te Reo Whakapuaki Irirangi to have regard to Government policy
1: Section 53S(1) jointly by the Minister and the Minister of Maori Affairs by the Minister
2: Section 53S(2) and the Minister of Maori Affairs
3: Section 53S(3) and the Minister of Maori Affairs, acting jointly,


1: Title
1: This Act is the Maori Land Amendment and Maori Land Claims Adjustment Amendment Act 2003.
2: In this Act, the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Bed of Lake Taupo vested in Crown
The proviso to section 14(9)(c) 50 200


Hop Industry Restructuring Act 2003

1: Title
This Act is the Hop Industry Restructuring Act 2003.
1: Preliminary provisions
2: Commencement
1: Sections 12 13
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to convert the New Zealand Hop Marketing Board into a co-operative company; and
b: to remove the regulatory controls on the sale and export of hops by—
i: repealing the Agriculture (Emergency Powers) Act 1934 Marketing Act 1936
ii: revoking the Hop Marketing Regulations 1939
4: Interpretation
In this Act, unless the context otherwise requires,— Board Hop Marketing Regulations 1939 chairperson company Companies Act 1993 Co-operative Companies Act 1996 hop plant Humulus lupulus hops liabilities producer
a: who has signed a Hop Supplier Agreement with the Board as at 31 July 2003; and
b: who has supplied hops from the 2003 harvesting season property
a: choses in action or money:
b: goodwill:
c: any copyright, patent, registered design, trademark, know-how, service marks, trade secrets, or other intellectual or industrial property and any applications pending for patents, trademarks, registered designs, and other intellectual or industrial property:
d: rights, interests, claims of every kind in, or to, property—
i: whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise; and
ii: whether liquidated or unliquidated, actual, contingent, or prospective restructuring day rights
5: Act binds the Crown
This Act binds the Crown.
2: Restructuring of Board and other matters
Restructuring of Board
6: Board must apply to register as company
1: Before the restructuring day, the Board must apply to the Registrar of Companies to be registered—
a: as a company under the Companies Act 1993
b: as a co-operative company under the Co-operative Companies Act 1996
2: The application must comply with section 12 section 7 section 7
a: the Board may apply on behalf of the persons who are to receive the shares in the company:
b: 2 Board members may sign the application and any other documents required to accompany it:
c: the requirements of section 12(1)(d)(i)
3: A person who is named as a shareholder in the document required by section 12(1)(d)(i) 1999 No 95 s 8
7: Basis for allocation of shares in company
1: Shares in the company must be allocated to all producers.
2: The shares to be allocated to a producer must be in the same proportion as the volume of hops produced by the producer in the period of 5 years before the restructuring day bears to the total volume of hops produced by all producers in that period.
8: Conversion of Board into company
1: On the restructuring day,—
a: the Board is deemed to be a company registered under the Companies Act 1993 Co-operative Companies Act 1996
b: the Registrar of Companies must issue certificates of registration for the company; and
c: shares must be issued to producers in accordance with the application under the Companies Act 1993
2: The certificates of registration are conclusive evidence that the company was, on the restructuring day, registered as a company under the Companies Act 1993 Co-operative Companies Act 1996 1999 No 95 s 20
9: Effect of registration as company
1: The company registered is the same body corporate as the Board.
2: The deemed registration of the company does not—
a: create a new legal entity; or
b: prejudice or affect the identity of the body corporate constituted by the company or its continuity as a legal entity.
3: The Schedule 1999 No 95 s 21
10: Final report of Board
1: As soon as reasonably practicable after the restructuring day, the chairperson must arrange for a final report of the Board to be completed.
2: The report must—
a: contain audited financial statements and an annual report for the financial year ending on 31 July 2003; and
b: comply with regulations 18 and 19 of the Hop Marketing Regulations 1939
3: The chairperson must send a copy of the report to every producer. 1999 No 95 s 22 Other matters
11: Taxation
1: The issue by the company of shares on the restructuring day to a person who was a producer on 31 July 2003—
a: is not a dutiable gift for the purposes of the Estate and Gift Duties Act 1968
b: is not a dividend derived by the person for the purposes of the Income Tax Act 2007
c: is not otherwise Income Tax Act 2007
2: For the purposes of the Income Tax Act 2007
a: held those shares at all times before the restructuring day; and
b: subject to section YC 10 Income Tax Act 2007
3: For the purposes of the definition of available subscribed capital section YA 1 Income Tax Act 2007
a: must be treated as having received on the restructuring day an amount of $160,000 for the issue of ordinary shares on the restructuring day to producers; and
b: must not be treated as having received any other amount of consideration for the issue of shares to producers on the restructuring day. 1999 No 95 s 23(1)–(3) Section 11(1)(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(c) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 11(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(2)(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
12: Consequential amendments
Amendment(s) incorporated in the Act(s)
13: Repeals and revocation
1: The following Acts are repealed:
a: Agriculture (Emergency Powers) Act 1934 (1934 No 34)
b: Marketing Act 1936 (1936 No 5)
2: The Hop Marketing Regulations 1939 (SR 1939/96)