1: Title
This Act is the Mutual Assistance in Criminal Matters Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Principal Act amended
This Act amends the Mutual Assistance in Criminal Matters Act 1992 2009-12-01 Mutual Assistance in Criminal Matters Act 1992
4: Purpose of Act
The purpose of this Act is to amend the Mutual Assistance in Criminal Matters Act 1992
5: Interpretation
1: Section 2(1) Central Authority assets forfeiture order section 5(1) .
2: The definitions of document financial institution section 2(1) Commissioner document section 5(1) examination order section 107 financial institution .
3: The definition of foreign drug-dealing offence section 2(1)
4: The definition of foreign forfeiture order section 2(1) foreign forfeiture order
a: an order made under the law of a foreign country by a court or other judicial authority for the forfeiture of property that is—
i: tainted property (as defined in relation to Part 3); or
ii: property of a person who has unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
b: a foreign pecuniary penalty order .
5: The definition of foreign pecuniary penalty order section 2(1) foreign order foreign pecuniary penalty order .
6: The definition of foreign restraining order foreign restraining order
a: restrains a particular person, or all persons, from dealing with the property specified in the order; and
b: relates to—
i: tainted property (as defined in relation to Part 3); or
ii: property of a person who has, or who may have, unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
iv: property that will satisfy some or all of a foreign pecuniary penalty order .
7: The definition of foreign serious offence section 2(1) foreign qualifying forfeiture offence
a: an offence in a foreign country that is punishable in that country by a maximum term of imprisonment of 5 years or more (including an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more); and
b: an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if—
i: it is punishable by imprisonment for a term of 4 years or more; and
ii: there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention) .
8: The definition of forfeiture order section 2(1)
9: The following definitions are inserted in section 2(1) forfeiture order section 5(1) instrument forfeiture order section 5(1) instrument of crime
a: in relation to Part 2, has the same meaning as in section 5(1)
b: in relation to Part 3, means any property used, wholly or in part, to commit or facilitate the commission of a foreign qualifying forfeiture offence .
10: The definition of monitoring order section 2(1)
11: The definition of pecuniary penalty order section 2(1)
12: The definition of Proceeds of Crime Act section 2(1)
13: The definition of production order section 2(1) production order section 105 profit forfeiture order section 5(1) .
14: The definitions of property property-tracking document section 2(1) property section 5(1) qualifying instrument forfeiture offence section 5(1) .
15: The definitions of restraining order serious offence tainted property section 2(1) restraining order section 5(1) significant criminal activity section 5(1) significant foreign criminal activity
a: means an activity engaged in by a person in a foreign country that if proceeded against as a criminal offence in that country—
i: would amount to offending—
A: that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or
B: from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived; and
ii: whether or not—
A: the person has been charged with or convicted of the offending; or
B: the person has been acquitted of the offending; or
C: the person’s conviction for the offending has been quashed or set aside; and
b: includes an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if—
i: it is punishable by imprisonment for a term of 4 years or more; and
ii: there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention) tainted property
a: in relation to Part 2, has the same meaning as in section 5(1)
b: in relation to Part 3,—
i: means any property that has, wholly or in part, been—
A: acquired as a result of significant foreign criminal activity; or
B: directly or indirectly derived from significant foreign criminal activity; and
ii: includes any property that has been—
A: acquired as a result of more than 1 activity if at least 1 of those activities is a significant foreign criminal activity; or
B: directly or indirectly derived from more than 1 activity if at least 1 of those activities is a significant foreign criminal activity unlawfully benefited from significant foreign criminal activity .
16: Section 2(2)
2: A reference in this Act to criminal proceedings or a criminal investigation includes proceedings or investigations into the following matters:
a: revenue (including taxation and customs and excise duties):
b: foreign exchange control:
c: the forfeiture of property as a result of the commission of an offence:
d: the restraint of dealings with property or the freezing of assets that may be forfeited as a result of the commission of an offence:
e: imposing or recovering pecuniary penalties under, and restraining dealing with property needed to satisfy, a foreign pecuniary penalty order imposed as a result of the commission of an offence.
6: New sections 2A and 2B inserted
The following sections are inserted after section 2
2A: Certain investigations relating to civil proceedings deemed to be criminal investigations
1: An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things in subsection (2)
2: The things referred to in subsection (1)
a: tainted property (as defined in relation to Part 2); or
b: property of a person who has unlawfully benefited from significant criminal activity.
3: An investigation in a foreign country certified by the Central Authority for that country to have commenced in that country relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4)
4: The things referred to in subsection (3)
a: tainted property (as defined in relation to Part 3); or
b: property of a person who has unlawfully benefited from significant criminal activity; or
c: an instrument of crime (as defined in relation to Part 3); or
d: property that will satisfy all or part of a pecuniary penalty order.
5: Investigations treated as criminal investigations under this section are criminal matters for the purposes of Parts 2 and 3.
2B: Certain civil proceedings deemed to be criminal proceedings
1: A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (2)
2: The things referred to in subsection (1)
a: tainted property (as defined in relation to Part 2); or
b: property of a person who has unlawfully benefited from significant criminal activity.
3: A proceeding certified by the Central Authority of the requesting country to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4)
4: The things referred to in subsection (3)
a: tainted property (as defined in relation to Part 3); or
b: property of a person who has unlawfully benefited from significant foreign criminal activity; or
c: an instrument of crime (as defined in relation to Part 3); or
d: property that will satisfy all or part of a foreign pecuniary penalty order.
5: Proceedings treated as criminal proceedings under this section are criminal matters for the purposes of Parts 2 and 3.
7: Object of Act
Section 4
g: the forfeiture of—
i: tainted property; and
ii: property of persons who have unlawfully benefited from significant criminal activity or significant foreign criminal activity; and
iii: instruments of crime; and
iv: property that will satisfy all or part of a foreign pecuniary penalty order:
h: the location of property that may be forfeited:
i: the recovery of property to satisfy foreign pecuniary penalty orders:
j: the restraining of dealings with property, or the freezing of assets, that may be forfeited.
8: New headings and sections 21 and 22 substituted
The heading above section 21 section 22 Request to enforce orders under Criminal Proceeds (Recovery) Act 2009
21: Request to enforce orders under Criminal Proceeds (Recovery) Act 2009
1: The Attorney-General may, if the circumstances in subsection (2)
a: an assets forfeiture order:
b: a profit forfeiture order:
c: an instrument forfeiture order:
d: a restraining order.
2: The circumstances are that the Attorney-General has reasonable grounds to believe that some or all of the property to which the order relates is located in the foreign country. Request to issue warrant or order in foreign country
22: Request to issue warrant or order in foreign country
1: The Attorney-General may, if a criminal matter has arisen in New Zealand in respect of any of the things referred to in subsection (2)
a: a restraining order:
b: a search warrant of the kind issued under section 101, 102, or 110
c: a production order:
d: an examination order.
2: The things referred to in subsection (1)
a: tainted property (as defined in relation to Part 2); or
b: property of a person who has unlawfully benefited from significant criminal activity; or
c: an instrument of crime (as defined in relation to Part 2).
9: Refusal of assistance
1: Section 27(1)
ab: the request relates to the bringing of proceedings of the kind described in section 2B(3) .
2: Section 27(1)
ba: there are substantial grounds for believing that the request has been made with a view to bringing proceedings of the kind described in section 2B(3) .
3: Section 27(1)
ca: there are substantial grounds for believing that the request has been made for the purpose of bringing proceedings of the kind described in section 2B(3) .
4: Section 27(2)
ab: the request relates to proceedings of the kind described in section 2B(3) .
5: Section 27(2)
ba: the request relates to proceedings of the kind described in section 2B(3)
bb: the request relates to proceedings of the kind described in section 2B(3) .
6: Section 27(2)(e)
e: the provision of the assistance requested could prejudice—
i: a criminal investigation or criminal proceeding in New Zealand; or
ii: a proceeding of any kind under the Criminal Proceeds (Recovery) Act 2009 or sections 142A to 142Q .
7: Section 27(2)(g)
g: the provision of assistance—
i: would impose an excessive burden on the resources of New Zealand; or
ii: relates to a matter that is trivial in nature; or .
10: New sections 54 to 62 and headings substituted
The heading above section 54 sections 54 to 62 section 59 Requests to enforce foreign restraining orders and foreign forfeiture orders
54: Request to enforce foreign restraining order
1: A foreign country may request the Attorney-General to assist in enforcing a foreign restraining order that relates to property that is believed to be located in New Zealand.
2: The Attorney-General may authorise the Commissioner to apply to the High Court to register a foreign restraining order in New Zealand if satisfied—
a: that the request from the foreign country relates to—
i: tainted property (as defined in relation to Part 3); or
ii: property of a person who has unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
iv: property that will satisfy some or all of a foreign pecuniary penalty order; and
b: that there are reasonable grounds to believe some or all of the property that is able to be restrained under the foreign restraining order is located in New Zealand.
3: An authority issued under subsection (2)
55: Request to enforce foreign forfeiture order
1: A foreign country may request the Attorney-General to assist in enforcing a foreign forfeiture order that relates to property that is reasonably believed to be located in New Zealand.
2: The Attorney-General may authorise the Commissioner to apply to the High Court to register the foreign forfeiture order in New Zealand if satisfied—
a: that the request from the foreign country relates to property that may be forfeited under the foreign forfeiture order and is specific property that—
i: is tainted property (as defined in relation to Part 3); or
ii: belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
iii: is an instrument of crime (as defined in relation to Part 3); or
iv: will satisfy some or all of a foreign pecuniary penalty order; and
b: that there are reasonable grounds to believe that some or all of the property to which the order relates is located in New Zealand.
3: An authority issued under subsection (2)
56: Method for registering foreign orders in New Zealand
1: If the High Court is satisfied that a foreign order that the Commissioner has applied to register under section 54 or 55
3: A foreign order, or an amendment to a foreign order (an amendment
a: a copy of the foreign order or amendment sealed by the court or other judicial authority who made it; or
b: a copy of the foreign order or amendment authenticated in accordance with section 63.
4: A copy of an amendment (whether made before or after registration) may be registered in the same way as a foreign order.
5: A foreign order or an amendment to a foreign order does not have effect under this Act or the Criminal Proceeds (Recovery) Act 2009 until it is registered.
6: An exact copy of a sealed or authenticated copy of a foreign order or an amendment must for the purposes of this Act be treated as if it is the sealed or authenticated copy.
7: However, registration of an exact copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.
57: Effect of registering foreign orders in New Zealand
1: A foreign restraining order registered in New Zealand under section 56
a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and
b: entered on the date it is registered.
2: Subsection (1) sections 136 to 139
3: A foreign forfeiture order registered in New Zealand under section 56
a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and
b: entered on the date it is registered.
4: Subsection (3) sections 140 to 149
58: Cancelling registration of foreign orders in New Zealand
1: The Attorney-General may at any time direct the Commissioner to apply to the High Court to cancel the registration in New Zealand of—
a: a foreign restraining order; or
b: a foreign forfeiture order.
2: Without limiting subsection (1)
a: that the order has, since being registered in New Zealand, ceased to have effect in the foreign country in which it was made; or
b: that cancelling the order is appropriate having regard to arrangements entered into between New Zealand and the foreign country in relation to the enforcing of orders of that kind; or
c: that the registration of the order in New Zealand contravened section 56
d: that, in the case of a foreign restraining order registered in New Zealand, 1 year has passed since the foreign country made the order; or
e: that, after consultation with the foreign country where the order was made, it is desirable that the registration of the foreign order be cancelled; or
f: that the foreign order has been discharged, wholly or in part.
3: The High Court must cancel the registration of a foreign order in New Zealand if the Commissioner applies, under a direction under subsection (1) Requests by foreign countries for orders or warrants in New Zealand
59: Request for search warrant in New Zealand
1: A foreign country may request the Attorney-General to obtain the issue of a search warrant in New Zealand in respect of a criminal investigation or criminal proceedings relating to—
a: tainted property (as defined in relation to Part 3); or
b: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
c: an instrument of crime (as defined in relation to Part 3); or
d: property that will satisfy some or all of a foreign pecuniary penalty order.
2: After a request is made, the Attorney-General may, if satisfied of the matters in subsection (3)
a: authorise a member of the police to apply under section 124 section 101
b: authorise the Commissioner to apply under section 125 section 102
c: authorise the Official Assignee to apply under section 126 section 110
3: The matters referred to in subsection (2)
a: that the request relates to a criminal investigation or criminal proceedings relating to—
i: tainted property (as defined in relation to Part 3); or
ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
iv: property that will satisfy some or all of a foreign pecuniary penalty order; and
b: that there are reasonable grounds for believing the property is located in New Zealand.
60: Interim foreign restraining order
1: A foreign country may request the Attorney-General to obtain the issue of an interim foreign restraining order in respect of property that is believed to be located in New Zealand.
2: After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 128
a: there is a criminal investigation in relation to—
i: tainted property (as defined in relation to Part 3); or
ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
iv: property that will satisfy some or all of a foreign pecuniary penalty order; and
b: there are reasonable grounds to believe all or part of the property to which the criminal investigation relates is located in New Zealand.
61: Request for production order in New Zealand
1: A foreign country may request the Attorney-General to make an application for a production order in New Zealand.
2: After a request is made, the Attorney-General may authorise the Commissioner to make an application to a Judge under section 104
a: the request relates to a criminal investigation that relates to—
i: tainted property (as defined in relation to Part 3); or
ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
iv: property that will satisfy some or all of a foreign pecuniary penalty order; and
b: there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand.
62: Request for examination order in New Zealand
1: A foreign country may request the Attorney-General to make an application for the issue of an examination order in New Zealand.
2: After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 106
a: that the request relates to a criminal investigation that relates to—
i: tainted property (as defined in relation to Part 3); or
ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
iii: an instrument of crime (as defined in relation to Part 3); or
iv: property that will satisfy some or all of a foreign pecuniary penalty order; and
b: that there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand.
11: Certificates given by Attorney-General
Section 64(2) Proceeds of Crime Act Criminal Proceeds (Recovery) Act 2009
12: Savings and transitional provisions
The Mutual Assistance in Criminal Matters Act 1992
a: taking action in relation to any matter relating to an application under the Mutual Assistance in Criminal Matters Act 1992; and
b: continuing or completing any proceedings or other matter commenced under that Act; and
c: enforcing orders made or registered under that Act; and
d: the exercise of any power or function under the Act in relation to any matter in paragraph (a) Consequential amendment to Customs and Excise Act 1996
13: Amendment to Customs and Excise Act 1996
Section 14 Customs and Excise Act 1996 2009-12-01 Customs and Excise Act 1996
14: Return of goods detained under section 166A
Section 166D(3)(b)
b: a foreign country makes a request to the Attorney-General under any of the following sections of the Mutual Assistance in Criminal Matters Act 1992:
i: section 54
ii: section 60


Sentencing Amendment Act 2009

1: Title
This Act is the Sentencing Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Principal Act amended
This Act amends the Sentencing Act 2002 2009-12-01 Sentencing Act 2002
4: Purpose
The purpose of this Act is to establish a regime for the forfeiture of instruments of crime as part of the sentencing process.
5: Application
The amendments made to the Sentencing Act 2002
6: Interpretation
Section 4(1) forfeiture order section 5(1) instrument forfeiture order section 142N instrument of crime
a: means property used (wholly or in part) to commit, or to facilitate the commission of, a qualifying instrument forfeiture offence; and
b: includes, in relation to a qualifying instrument forfeiture offence that is an offence against section 8(1) or (2A) of the Terrorism Suppression Act 2002, funds (as defined in section 4(1) of that Act) allocated for the purpose of committing that offence qualifying instrument forfeiture offence
a: means an offence punishable by a maximum term of imprisonment of 5 years or more; and
b: includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more tainted property section 5(1) .
7: New heading and new section 10B inserted
The following heading and section are inserted after section 10A Taking account of instrument forfeiture order or successful application for relief
10B: Court must take into account instrument forfeiture order or successful application for relief
1: In sentencing or otherwise dealing with an offender convicted of a qualifying instrument forfeiture offence, the court must take into account—
a: any instrument forfeiture order made, or to be made, in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:
b: any forfeiture of that property by any other order or means arising from the offender’s conviction:
c: any order for relief made under section 142L or 142M
d: the nature of the relationship between that person and the offender:
e: the likely benefit to the offender of any order referred to in paragraph (c)
2: In deciding the weight to be given to any matter referred to in subsection (1)(a), (b), or (d)
a: the value of the property that is the subject of the instrument forfeiture order or that is otherwise forfeited:
b: the nature and extent of the offender’s interest in that property.
3: Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until—
a: any property that is the subject of a forfeiture order has been surrendered to the Official Assignee; or
b: any appeal or application for relief in relation to an instrument forfeiture order or any other proceeding under the Criminal Proceeds (Recovery) Act 2009 has been determined.
8: Power of adjournment for inquiries as to suitable punishment
Section 25(1)
da: to determine whether to impose an instrument forfeiture order and, if so, the terms of that order: .
9: Access to reports
Section 29(1) or section 142F section 33
10: New heading and sections 142A to 142Q inserted
The following heading and sections are inserted after section 142 Instrument forfeiture orders
142A: Interpretation of terms used in sections 142B to 142Q
For the purposes of sections 142B to 142Q Commissioner prosecutor section 5(1)
142B: Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence
If a person is convicted of a qualifying instrument forfeiture offence and any property was used to commit, or to facilitate the commission of, that offence, the prosecutor must, if in the prosecutor’s opinion the court should consider whether to make an instrument forfeiture order in respect of that property, notify the court in writing of—
a: the details of that property:
b: the name and identifying details of any person (other than the offender) who, to the knowledge of the prosecutor, has an interest in the property.
142C: Duties of court on notification
On receiving notice under section 142B
a: must direct the prosecutor to issue and serve any notice required by section 142E
b: may direct the prosecutor to report further information to the court under section 142F
142D: Notice of possible instrument forfeiture order may be recorded on registers
1: Subsection (2) section 142C
a: title to that property; or
b: charges over that property.
2: If this subsection applies, the court may order any authority responsible for administering an enactment of the kind referred to in subsection (1) Authority
3: The court must order an Authority to cancel an entry made on a register under subsection (2)
a: the matter to which the entry relates is finally determined and the relevant appeal period (defined in section 73(3) section 85
b: proceedings to which the entry relates are discontinued for any reason. 1991 No 120 s 16(2), (3)
142E: Duties of prosecutor as to service
1: If a court gives a direction under section 142C section 142B
a: that the property may be made the subject of an instrument forfeiture order:
b: that the person may, within 10 working days of the date of the notice, apply to the court for relief:
c: of the grounds set out in section 77(1)
2: A notice given under subsection (1) section 142C
142F: Court may require further information
The court may, for the purposes of determining whether to make an instrument forfeiture order or an order for relief from an instrument forfeiture order, or for the purposes of determining the terms of an instrument forfeiture order or an order for relief from an instrument forfeiture order, direct the prosecutor, the offender, or any person who applies for relief to provide further information to the court about—
a: the value of the property that comprises the instrument of crime:
b: the nature, extent, and value of the offender’s interest in the property that comprises the instrument of crime:
c: the name of any other person with an interest in the instrument of crime, the nature and extent of that person’s interest, and whether or not that person has been notified of the proceedings:
d: the name of any person who may suffer undue hardship if the property is confiscated and the nature of that hardship:
e: any other matter specified by the court.
142G: Independent valuation of property
For the purposes of determining the value of an instrument of crime, a court may, at its own discretion or at the request of either party to the proceedings or any person who claims to have an interest in the property, seek an independent valuation as to the value of the property or any interest in the property.
142H: Court may order declaration of ownership to be completed
1: If a court is considering whether or not to make an instrument forfeiture order, the court may order that the offender, or any other person, complete a declaration of ownership before making the order.
2: The declaration of ownership must specify—
a: whether the offender owns, or has any interest in, the property in question at the relevant date; and
b: whether any other person owns, or has any interest in, the property at the relevant date, and, if so, the name of that person and the nature of that interest; and
c: whether the offender has ceased to be the owner of, or to have any interest in, the property in question at any time subsequent to the commission of the offence but before the date of his or her conviction; and
d: if the offender has disposed of his or her interest in the property in question during the period referred to in paragraph (c)
3: If a court does not make an order under this section that does not affect the validity of any other order of the court.
4: In this section, relevant date
142I: Determining ownership of property
For the purpose of determining the nature and extent of any person’s interest in an instrument of crime, the court may apply the provisions of section 58
142J: Applications for relief from instrument forfeiture order
1: Any person (other than the offender) may make an application for relief from an instrument forfeiture order.
2: An application by any person for relief must be made to the court that convicted the offender—
a: on either of the grounds set out in section 77(1)
b: in the prescribed form (if any); and
c: within—
i: the time specified in the notice served on the person under section 142E
ii: if no notice is served on the person, 15 working days after the day on which the offender was convicted of the qualifying instrument forfeiture offence; or
iii: the time allowed by the court, if the court grants an application by the person to make an application for relief after the time by which such an application must be made under subparagraph (i) or (ii).
3: An applicant for relief from an instrument forfeiture order must serve notice of that application on—
a: the prosecutor:
b: the offender:
c: the Commissioner:
d: the Official Assignee:
e: any other person whom the applicant has reason to believe may—
i: have an interest in the property that is the subject of the application; or
ii: suffer undue hardship as a consequence of the forfeiture of the property:
f: any specified person or class of persons in respect of whom the court directs the applicant to serve notice of the application.
4: An applicant for relief must provide the court and the prosecutor with a list of persons on whom notice of the application has been served.
142K: Hearings concerning instrument forfeiture orders
1: If a court issues a direction under section 142C section 142J
2: At the hearing, the prosecutor, the offender, any person making an application for relief from an instrument forfeiture order, and any other person who claims to have an interest in the property that may be the subject of the instrument forfeiture order or who believes that he or she may suffer undue hardship if the property is forfeited, may be heard.
3: If a hearing is not held under subsection (1) subsection (2)
142L: Court may grant relief from instrument forfeiture order to applicant who establishes interest in property
1: This section applies if—
a: a person applies to the court under section 142J section 77(1)(a)
b: the court is satisfied, following a hearing under section 142K
i: has an interest in the property to which the instrument forfeiture order relates; and
ii: was not involved in the qualifying instrument forfeiture offence to which the order relates.
2: If this section applies, the court must make an order—
a: declaring the nature, extent, and value of the applicant’s interest in the property; and
b: either—
i: directing the Crown to transfer the interest to the applicant; or
ii: declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court; or
iii: directing that the interest not be included in an instrument forfeiture order made in respect of the proceedings that gave rise to the application; or
iv: determining, in accordance with section 142N
3: Despite subsection (2) subsection (2)
a: the applicant was, in any respect, involved in the commission of the offence in respect of which forfeiture of the property is or was under consideration; or
b: if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value.
4: The court must not make an order under subsection (2)(b)(ii) subsection (2)(b)(i) or (iii)
142M: Court may grant relief from instrument forfeiture order to applicant on grounds of undue hardship
1: This section applies if a person applies to the court under section 142J section 77(1)(b)
2: If the court is satisfied that, having regard to all the circumstances, undue hardship is likely to be caused to the person making the application or to another person (other than the offender), by the operation of an instrument forfeiture order, the court—
a: may order that the person is entitled to be paid a specified amount out of the proceeds of sale of the property, being an amount that the court thinks is necessary to prevent undue hardship to that person; and
b: if the person is under 18 years, may make additional orders for the purpose of ensuring the proper application of an amount to be paid to that person.
3: The circumstances a court may have regard to under subsection (2)
a: the use that is ordinarily made, or was intended to be made, of the property that would be the subject of the instrument forfeiture order; and
b: the nature and extent of any person’s interest in the property; and
c: any other matter relating to the nature and circumstances of the qualifying instrument forfeiture offence to which the property relates. 1991 No 120 ss 15(2), 18
142N: Instrument forfeiture orders
1: Following a hearing under section 142K section 142B
2: In considering whether or not to make an instrument forfeiture order under subsection (1)
a: any matter raised in an application for relief under section 142J
b: the use that is ordinarily made, or was intended to be made, of the instrument of crime; and
c: any undue hardship that is reasonably likely to be caused to any person by the operation of such an order; and
d: the nature and extent of the offender’s interest in the instrument of crime (if any), and the nature and extent of any other person’s interest in it (if any); and
e: in addition to the matters referred to in section 77(1)
3: A court that makes an instrument forfeiture order may, if it considers that it is appropriate to do so, by order,—
a: declare the nature, extent, and value of any person’s interest in an instrument of crime; and
b: declare that the instrument forfeiture order may, to the extent to which it relates to the interest, be discharged under section 85
4: If the court orders that property (other than money) be forfeited to the Crown, the court must specify in the order the amount that it considers to be the value of the property at the time the order is made.
5: If a court makes an instrument forfeiture order, the court may give any directions that are necessary or convenient for giving effect to the order.
142O: Offence of providing false or misleading information under section 142F
Every person is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who provides false or misleading information to a court in response to a direction under section 142F
142P: Evidence in instrument forfeiture order proceedings
In determining whether or not to make an instrument forfeiture order under section 142N
a: documents, exhibits, or other things connected with the proceedings that the court considers relevant; and
b: notes or transcripts of evidence admitted in the proceedings. 1991 No 120 s 14(1)
142Q: Relationship with other provisions in Act
Nothing in sections 142A to 142P


1: Title
This Act is the Protected Disclosures Amendment Act 2009.
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 Protected Disclosures Act 2000 2009-05-06 Protected Disclosures Act 2000
1: Amendments to principal Act
4: Interpretation
1: Paragraph (e) of the definition of employee section 3 (including a person who is a member of the board or governing body of the organisation)
2: The definition of employee section 3
g: a person who works for the organisation as a volunteer without reward or expectation of reward for that work
3: Paragraph (b) of the definition of Ombudsman section 3 whom an Ombudsman whom the Chief Ombudsman
4: Section 3 public official public official
5: Section 3
2: An example used in this Act has the following status:
a: the example is only illustrative of the provision to which it relates and does not limit the provision; and
b: if the example and the provision to which it relates are inconsistent, the provision prevails.
5: Disclosures to which Act applies
1: Section 6(1) the manner provided by accordance with
2: Section 6
3: If an employee of an organisation believes on reasonable grounds that the information he or she discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a) of the Human Rights Act 1993.
4: This section is subject to section 6A
6: New sections 6A to 6C inserted
The following sections are inserted after section 6
6A: Technical failure to comply with or refer to Act
1: A disclosure of information is not prevented from being a protected disclosure of information for the purposes of this Act merely because—
a: of a technical failure to comply with sections 7 to 10 if the employee has substantially complied with the requirement in section 6 to disclose the information in accordance with this Act; or
b: the employee does not expressly refer to the name of this Act when the disclosure is made. Example
Person A is an employee of Organisation B. B’s internal procedures for receiving and dealing with information about serious wrongdoing require the information to be provided to B’s Human Resources Manager using a particular form. Person A provides the information using the form to B’s chief executive rather than the Human Resources Manager. Person A otherwise substantially complies with the Act. The failure to comply is merely technical. Under this section, the disclosure is still a protected disclosure for the purposes of this Act.
2: This section applies despite anything to the contrary expressed or implied in the relevant internal procedures.
6B: Role of Ombudsmen in providing information and guidance
1: An Ombudsman may provide information and guidance to an employee on any matter concerning this Act (either on a request made at any time or at the Ombudsman’s discretion).
2: If an employee notifies the Office of the Ombudsmen, orally or in writing, that he or she has disclosed, or is considering the disclosure of, information under this Act, an Ombudsman must provide information and guidance to that employee on the following matters:
a: the kinds of disclosures that are protected under this Act:
b: the manner in which, and the persons to whom, information may be disclosed under this Act:
c: the broad role of each authority referred to in paragraph (a)(i) to (x) of the definition of appropriate authority in section 3(1):
d: the protections and remedies available under this Act and the Human Rights Act 1993 if the disclosure of information in accordance with this Act leads to victimisation of the person making the disclosure:
e: how particular information disclosed to an appropriate authority may be referred to another appropriate authority under this Act.
6C: Information about internal procedures
(1): For the purpose of this Act, an Ombudsman may request 1 or more of the following from an organisation:
a: information concerning whether the organisation has established and published internal procedures for receiving and dealing with information about serious wrongdoing; and
b: a copy of those procedures; and
c: information about how those procedures operate.
2: An organisation is not required to comply with a request made under subsection (1)
7: Disclosure may be made to Minister of the Crown or Ombudsman in certain circumstances
Section 10
2: A disclosure under this section may be made to an Ombudsman only if—
a: it is in respect of a public sector organisation and it has not already been made to an Ombudsman under section 9; or
b: it is in respect of an organisation other than a public sector organisation and the disclosure is made for the purpose of allowing the Ombudsman to act under section 15
8: New heading and sections 15 to 15E substituted
Section 15 Further provisions concerning Ombudsmen
15: Ombudsmen may escalate disclosure to appropriate authority or Minister or investigate disclosure
1: An Ombudsman may, with the consent of an employee who has made a protected disclosure of information to any organisation, appropriate authority, or other person in accordance with this Act,—
a: refer the disclosure to an appropriate authority or to another appropriate authority if the Ombudsman considers, after consultation with that appropriate authority, that any of the circumstances in section 9(1)(a) to (c) apply; or
b: refer the disclosure to a Minister of the Crown if the Ombudsman considers, after consultation with that Minister, that any of the circumstances in section 10(1)(b)(i) to (iii) apply; or
c: investigate the disclosure if the Ombudsman considers that—
i: the disclosure relates to a public sector organisation; and
ii: any of the circumstances in section 9(1)(a) to (c) or 10(1)(b)(i) to (iii) apply.
2: Subsection (1)
a: applies despite sections 7 to 10:
b: does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: If an Ombudsman makes a referral under this section, he or she must promptly notify any organisation or other person that he or she is aware may be investigating the disclosure that the information disclosed has been referred under this section to an appropriate authority or Minister of the Crown for investigation.
4: A protected disclosure of information does not, by reason of an Ombudsman acting under subsection (1)
5: Nothing in this section prevents a protected disclosure of information being referred under—
a: this section on more than 1 occasion; or
b: section 16.
6: This section is subject to sections 12 to 14.
15A: Ombudsmen may take over some investigations or investigate in conjunction with public sector organisation
1: An Ombudsman may take over an investigation of a disclosure of information by a public sector organisation, or investigate a disclosure of information in conjunction with a public sector organisation, if—
a: the disclosure is in respect of the public sector organisation; and
b: the Ombudsman considers that any of the circumstances in section 10(1)(b)(i) to (iii) apply; and
c: the employee who made the disclosure consents to the Ombudsman acting under this section; and
d: in the case of an investigation in conjunction with a public sector organisation, the public sector organisation consents to the Ombudsman acting under this section.
2: However, subsection (1)
3: This section is subject to sections 12 to 14.
15B: Ombudsmen may review and guide investigations by public sector organisations
1: An Ombudsman may review and guide any investigation of a protected disclosure of information by a public sector organisation (either on the organisation’s request or at the Ombudsman’s discretion).
2: Subsection (1)
3: Subsection (1)
4: This section is subject to sections 12 to 14.
15C: Ombudsmen may receive reports on investigations and include information in annual report
1: The Ombudsmen may receive reports on the following investigations:
a: investigations referred under section 15
b: investigations in relation to which an Ombudsman has acted under section 15B
c: investigations in relation to which an Ombudsman has otherwise provided information or guidance under this Act.
2: The Ombudsmen may include (among other matters) in their annual report under section 29 of the Ombudsmen Act 1975 information concerning all or any of the following in respect of the period covered by the report:
a: current guidance issued by the Ombudsmen in respect of this Act:
b: the number and types of information and guidance inquiries made to the Ombudsmen in respect of this Act:
c: the number of protected disclosures of information made to the Ombudsmen:
d: the number of investigations of disclosures of information undertaken or taken over by the Ombudsmen:
e: the number of investigations referred under section 15
f: the outcome of the matters referred to in paragraphs (b) to (e)
15D: Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act
The Chief Ombudsman may, by written notice, appoint a person to perform an Ombudsman’s functions under this Act.
15E: Miscellaneous provisions relating to Ombudsmen
1: The functions and powers of Ombudsmen under the Ombudsmen Act 1975, including the function of each Ombudsman to make an investigation into a matter of his or her own motion under section 13(3) of that Act, are not limited by this Act.
2: The Ombudsmen have the same powers in relation to investigating a disclosure of information made under this Act as Ombudsmen have in relation to a complaint under the Ombudsmen Act 1975, but are not bound to investigate the disclosure of information.
3: Sections 19, 20, and 30 of the Ombudsmen Act 1975 apply, with all necessary modifications, for the purpose of allowing an Ombudsman to obtain information, documents, papers, or things that would in his or her opinion assist him or her to act under section 6C, 15B, or 15C
9: New heading inserted
The following heading is inserted above section 16 Reference from one appropriate authority to another of information disclosed
10: Confidentiality
1: Section 19(2) or under the Local Government Official Information and Meetings Act 1987 Official Information Act 1982
2: Section 19
3: An Ombudsman may—
a: provide information and guidance to organisations and employees concerning the circumstances in which anonymous disclosures of information may be made under this Act; and
b: otherwise provide advice and assistance to organisations and other persons in relation to the duty specified in subsection (1).
11: New section 19A inserted
The following section is inserted after section 19
19A: Protections extend to volunteers of supporting information
1: The protections conferred by sections 17 to 19 apply, with all necessary modifications, to a person who volunteers supporting information as if the information were a protected disclosure of information.
2: In this section, a person volunteers supporting information if the person—
a: provides information, in support of a protected disclosure of information made by another person, to—
i: a person investigating the disclosure; or
ii: the person who made the disclosure; and
b: is an employee of the organisation in respect of which the disclosure was made; and
c: wishes to provide the supporting information so that the serious wrongdoing can be investigated.
3: However, a person does not volunteer supporting information if the person provides the supporting information only after being—
a: required to do so under any enactment, rule of law, or contract for the purposes of the investigation; or
b: approached during the course of the investigation by, or on behalf of, the person investigating the matter.
12: New section 23 substituted
Sections 23 24
23: No contracting out of Act
1: This Act has effect despite any provision to the contrary in any agreement or contract.
2: Any provision in any agreement or contract that purports to require an employee to withdraw or abandon a disclosure of information made under this Act is of no effect.
2: Transitional provision
13: Transitional provision
The amendments made by this Act apply to disclosures of information made after the commencement of this Act.


Māori Trustee Amendment Act 2009

1: Title
This Act is the Māori Trustee Amendment Act 2009.
2: Commencement
This Act comes into force on 1 July 2009.
3: Principal Act amended
This Act amends the Maori Trustee Act 1953 2009-07-01 Maori Trustee Act 1953
1: Amendments to principal Act
4: This Act to be read with Te Ture Whenua Maori Act 1993
1: Section 2 Interpretation
2: Section 2
3: Without limiting subsection (1), in this Act, unless the context otherwise requires,— Appropriation Account Common Fund General Purposes Fund Māori Trustee
a: means the Māori Trustee established by section 3
b: includes, as the context requires, the Māori Trustee who—
i: is appointed under section 6
ii: continues to hold office under section 6A
5: New headings and sections 3 to 6E substituted
The headings above sections 3 4 sections 3 to 6 Māori Trustee established
3: Māori Trustee established
1: This section establishes the Māori Trustee.
2: The Māori Trustee is a corporation sole with perpetual succession and a seal of office. Capacity, powers, and status of Māori Trustee
4: Capacity and powers of Māori Trustee
1: For the purpose of exercising the powers and performing the functions and duties of the Māori Trustee conferred by or under this Act or any other enactment, the Māori Trustee has—
a: full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and
b: for the purpose of paragraph (a), full rights, powers, and privileges.
2: Subsection (1) applies subject to—
a: the provisions of this Act and any other enactment; and
b: the general law.
5: Independence of Māori Trustee
In exercising the powers and performing the functions and duties of the Māori Trustee in his or her fiduciary capacity under this Act or any other enactment, the Māori Trustee must act independently, free from any direction or instruction from the Crown. Provisions relating to appointment of Māori Trustee
6: Appointment of Māori Trustee
1: The Māori Trustee is appointed by the Minister.
2: An appointment made under subsection (1) must be made by written notice to the person appointed.
3: The notice must—
a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: state the period for which the appointment is made, which must not exceed a period of 5 years; and
c: be published by the Minister in the Gazette
4: The person appointed under this section—
a: may be reappointed; and
b: continues in office, despite the expiry of his or her term of office, until—
i: the person is reappointed; or
ii: the person’s successor is appointed; or
iii: the person ceases to be the Māori Trustee in a circumstance provided for in section 6B
6A: Continuation of appointment
Despite section 6 Māori Trustee Amendment Act 2009 section 6(3)
6B: Termination of appointment of Māori Trustee
1: The Māori Trustee ceases to hold office if he or she—
a: resigns from office by written notice to the Minister; or
b: is removed or suspended from office under subsection (2); or
c: ceases to hold office as the Māori Trustee under this Act.
2: The Minister may, if the Minister is satisfied that there is just cause, remove or suspend the Māori Trustee from office by written notice to the Māori Trustee, stating—
a: the date on which the removal or suspension takes effect, which must not be earlier than the date on which the notice is received; and
b: the reasons for the removal or suspension; and
c: in the case of a suspension from office,—
i: the date on which the person’s appointment will be reinstated; or
ii: the event upon which his or her reinstatement depends.
3: The Minister must notify the removal or suspension in the Gazette
4: The Māori Trustee is not entitled to receive compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as the Māori Trustee.
5: In exercising his or her powers under this section, the Minister must observe the rules of natural justice.
6: In subsection (2), just cause
a: undischarged bankruptcy, misconduct, or neglect of duty; or
b: inability to perform the functions and duties of the Māori Trustee. Appointments by Māori Trustee
6C: Deputy Māori Trustee
1: The Māori Trustee must appoint a Deputy Māori Trustee.
2: The Deputy Māori Trustee is an employee of the Māori Trustee.
3: In the case of a vacancy in the office of the Māori Trustee, or if the Māori Trustee is unable to perform the functions and duties of the Māori Trustee under this Act or any other enactment, or is for any reason prevented from doing so, the Deputy Māori Trustee has and may exercise the powers and perform the functions and duties of the Māori Trustee for as long as the vacancy or absence continues.
4: The powers exercised, and functions and duties performed, by the Deputy Māori Trustee under subsection (3)
6D: Other employees
1: The Māori Trustee may appoint the employees that the Māori Trustee considers appropriate to enable the Māori Trustee to exercise the powers and perform the functions and duties of office under this Act effectively and efficiently.
2: The Governor-General may, by Order in Council, provide that the Māori Trustee must not, in relation to any or all employees (including the Deputy Māori Trustee), agree to terms and conditions of employment in a collective employment agreement, or an amendment to those terms and conditions, without—
a: consulting the State Services Commissioner; and
b: having regard to the recommendations that the State Services Commissioner may make to the Māori Trustee within a reasonable time of being consulted. Delegation
6E: Delegation by Māori Trustee
1: The Māori Trustee may delegate to the Deputy Māori Trustee any of the powers, functions, or duties conferred on the Māori Trustee by or under this Act or any other enactment.
2: Subject to any general or express directions of the Māori Trustee, the Deputy Māori Trustee has and may exercise all the powers, or perform the functions and duties, delegated by the Māori Trustee in the same manner and with the same effect as if they had been conferred on the Deputy Māori Trustee directly by or under this Act or any other enactment.
3: A delegation under this section—
a: must be in writing; and
b: is revocable in writing at any time; and
c: may be made subject to any restrictions or conditions that the Māori Trustee thinks fit; and
d: does not prevent the exercise of a power or performance of a function or duty by the Māori Trustee; but
e: does not include a power of delegation.
4: In the absence of proof to the contrary, the Deputy Māori Trustee, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.
5: Powers exercised, functions or duties performed, and decisions made by the Deputy Māori Trustee, acting as the delegate of the Māori Trustee, may not be questioned in any proceeding on the ground that the occasion for the Deputy Māori Trustee to act had not arisen or had ceased.
6: New heading inserted
The following heading is inserted above section 7 Further provisions relating to powers and functions of Māori Trustee
7: Māori Trustee’s Account
Section 17
4: Money may be paid out of the Appropriation Account in the Māori Trustee’s Account for the purposes that are agreed to from time to time between the Māori Trustee and the Crown.
8: Section 19 repealed
Section 19
9: Section 21 repealed
Section 21
10: Accounts within Māori Trustee’s Account
1: Section 23(1)
h: the Appropriation Account.
2: Section 23
5A: All money received by way of Crown appropriation must be credited to the Appropriation Account in the Māori Trustee’s Account.
11: New sections 26 to 26B substituted
Section 26
26: Money held in Common Fund invested in Fund
1: All money held in trust in the Common Fund is invested in that fund, and any income derived from investment of the money forms part of the Common Fund.
2: Unless an exception is provided for in regulations made under section 52(a)(i) section 52(a)(ii)
3: Distributable income payable under subsection (2) must be calculated in accordance with the following formula: a − b = c where— a is the total amount of money received by the Māori Trustee as income, including amounts properly determined to be realised capital gains less capital losses, from the money held by the Māori Trustee in trust in the Common Fund b is the total amount of the management fees that the Māori Trustee is entitled to charge or retain under section 26A c is the amount of distributable income that must be paid annually under subsection (2), which must be apportioned in accordance with regulations made under section 52(b)
4: The Māori Trustee must review, on a quarterly basis, the extent to which the distributable income payable under subsection (2) is commensurate with fair market distributable income paid for the relevant quarter, relative to funds that are—
a: comparable in size to those held in trust in the Common Fund; and
b: subject to conditions comparable to the conditions applying to the Common Fund.
5: On and from the date that is 6 months after the commencement of the Māori Trustee Amendment Act 2009
26A: Management fees
The Māori Trustee may charge or retain a management fee, calculated in accordance with regulations made under section 52(c)
26B: Disclosure requirements
1: The Māori Trustee must report to account holders on the matters and in the manner prescribed by regulations made under section 52(d)
a: the amount of distributable income payable in respect of each account; and
b: the management fee charged or retained under section 26A
c: the net amount of distributable income to be paid; and
d: such other matters that the Māori Trustee considers necessary or desirable.
2: The annual report of the Māori Trustee must include a report on the total amount of distributable income, less management fees charged or retained, paid on money held in trust in the Common Fund.
12: Investment of Common Fund
Section 28
3: On and from the date that is 6 months after the commencement of the Māori Trustee Amendment Act 2009
13: Section 41 repealed
Section 41
14: New section 52 substituted
Section 52
52: Regulations
The Governor-General may, by Order in Council, on the recommendation of the Minister of Māori Affairs, make regulations—
a: for the purpose of section 26(2)
i: defining any special circumstances or cases in which the Māori Trustee, though required to credit distributable income to an account, is not required to pay distributable income under that section, including, without limitation, prescribing the sum of money below which the Māori Trustee is not required to make a distributable income payment:
ii: setting out how and to whom distributable income is to be paid:
b: for the purpose of section 26(3)
c: for the purpose of section 26A
d: for the purpose of section 26B(1)
e: for other purposes expressly provided for in this Act:
f: prescribing any other matters contemplated by this Act or necessary for its administration or to give it full effect.
15: Section 53 repealed
Section 53
2: Transitional provisions and consequential amendments
Transitional matters
16: Interpretation
In this section and sections 17 to 30 document section 4(1) existing undertaking
a: means—
i: all property and estates administered, held, managed, or controlled by the Maori Trustee or the Maori Trust Office before the commencement of this Act, including the funds and accounts within the Māori Trustee’s Account, as provided for in section 23
ii: all rights and liabilities of the Maori Trustee and the Maori Trust Office before the commencement of this Act; and
b: includes any reserves of the Maori Trustee or Maori Trust Office in existence before the commencement of this Act fiduciary rights and liabilities liabilities Maori Trust Office new Māori Trustee section 3 old Maori Trustee
17: New Māori Trustee succeeds to existing undertaking
On and from the commencement of this Act, the new Māori Trustee succeeds to—
a: the existing undertaking, which is binding on the new Māori Trustee; and
b: the fiduciary rights and liabilities, which bind the new Māori Trustee.
18: Dissolution of Maori Trust Office
On and from the commencement of this Act, the Maori Trust Office is dissolved.
19: Contracts and other instruments
1: A reference (express or implied) to the old Maori Trustee or the Maori Trust Office in any instrument, register, record, notice, security, document, or communication made, given, passed, or executed before or on the commencement of this Act must be read as a reference to the new Māori Trustee.
2: A reference (express or implied) to an officer of the Maori Trust Office in any instrument, register, record, notice, security, document, or communication made, given, passed, or executed before or on the commencement of this Act must be read as a reference to the corresponding employee of the new Māori Trustee, or if there is no corresponding employee, to another appropriate employee of the new Māori Trustee.
3: Contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices (whether in writing or not), entered into by, made with, given to or by, or addressed to the old Maori Trustee or the Maori Trust Office (whether alone or with another person) before the commencement of this Act and having effect immediately before that date ( contracts and other instruments
4: The contracts and other instruments referred to in subsection (3) are binding on, and enforceable by, against, or in favour of, the new Māori Trustee as if the new Māori Trustee, rather than the old Maori Trustee, the Maori Trust Office, or the chief executive of Te Puni Kōkiri had been the person or entity by whom they were entered into, with whom they were made, or to or by whom they were given or addressed.
20: Status of existing securities
1: A security held by the old Maori Trustee or the Maori Trust Office as security for a debt or other liability to the old Maori Trustee or the Maori Trust Office incurred before the commencement of this Act—
a: is available to the new Māori Trustee as security for the discharge of that debt or liability; and
b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the new Māori Trustee incurred on or after the commencement of this Act.
2: The new Māori Trustee is entitled to the same rights and priorities, and is subject to the same liabilities, in relation to the security as the old Maori Trustee or the Maori Trust Office would be if this Act had not been passed.
21: Continuation of proceedings
1: An action, arbitration, proceeding, or cause of action that was pending or that existed by, against, or in favour of the old Maori Trustee or the Maori Trust Office, or to which the old Maori Trustee or the Maori Trust Office was a party, before the commencement of this Act may be continued and enforced by, against, or in favour of the new Māori Trustee.
2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or other cause of action.
22: Effect of Act
1: Nothing done or authorised by this Act—
a: places the old Maori Trustee, the Maori Trust Office, the new Māori Trustee, or any other person in breach of contract or confidence, or makes any of them liable for a civil wrong; or
b: entitles a person to terminate or cancel a contract or arrangement, or to accelerate the performance of an obligation, or to impose a penalty or increased charge; or
c: places the old Maori Trustee, the Maori Trust Office, the new Māori Trustee, or any other person in breach of an enactment, a rule of law, or a provision of a contract that prohibits, restricts, or regulates the assignment or transfer of property or the disclosure of information; or
d: releases a surety from an obligation; or
e: invalidates or discharges a contract or surety.
2: A document, matter, or thing that would have been admissible in evidence for or against the old Maori Trustee or the Maori Trust Office is, on and after the commencement of this Act, admissible in evidence for or against the new Māori Trustee.
23: Registers
1: A Registrar of Deeds, the Registrar-General of Land, or any other person charged with keeping books or registers is not required to change the name of the old Maori Trustee or the Maori Trust Office to the new Māori Trustee in the books or registers, or in a document, solely because of the provisions of this Act.
2: If the new Māori Trustee presents an instrument referred to in subsection (3) to a registrar or other person, the presentation of that instrument by the new Māori Trustee is, in the absence of proof to the contrary, sufficient evidence that the property is vested in the new Māori Trustee.
3: For the purposes of this section, the instrument need not be an instrument of transfer, but must—
a: be executed, or purport to be executed, by the new Māori Trustee; and
b: relate to property held by the old Maori Trustee or the Maori Trust Office immediately before the commencement of this Act; and
c: be accompanied by a certificate by the new Māori Trustee that the property became vested in the new Māori Trustee by virtue of the provisions of this Act.
24: Transfer of employees
1: On and from the commencement of this Act, every person employed in the Maori Trust Office immediately before that date ceases to be employed in the Maori Trust Office and becomes an employee of the new Māori Trustee ( transferred employee
2: However, subsection (1) does not apply to the old Maori Trustee in his capacity as the general manager of the Maori Trust Office immediately before the commencement of this Act and the old Maori Trustee is not entitled to compensation or other payment or benefit relating to his ceasing to be the general manager of the Maori Trust Office.
25: Protection of employment conditions
1: In the case of a transferred employee who, immediately before the commencement of this Act, is employed on an individual employment agreement, the transferred employee must be employed by the new Māori Trustee on terms and conditions no less favourable than those applying to that employee immediately before the commencement of this Act.
2: Transferred employees who, immediately before the commencement of this Act, are employed under a collective employment agreement are, on and after the commencement of this Act, employed by the new Māori Trustee on a collective employment agreement with terms and conditions no less favourable than those on which those employees were employed immediately before the commencement of this Act.
3: Subsections (1) and (2)—
a: continue to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee (or his or her representative) and the new Māori Trustee; but
b: do not apply to a transferred employee who receives any subsequent appointment with the new Māori Trustee.
26: Continuity of employment
For the purposes of every enactment, law, contract, and agreement relating to the employment of a transferred employee,—
a: the contract of employment of that person applying immediately before the commencement of this Act in respect of that person’s employment in the Maori Trust Office is to be treated as having been unbroken; and
b: a reference to the chief executive of Te Puni Kōkiri in the contract of employment of a transferred employee must be read as a reference to the new Māori Trustee; and
c: the person’s period of service in the Maori Trust Office is to be treated as a period of service with the new Māori Trustee under this Act.
27: No compensation for redundancy
A transferred employee is not entitled to compensation for redundancy by reason only of the person ceasing to be an employee in the Maori Trust Office.
28: Membership of Government Superannuation Fund
1: If a transferred employee was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956
a: that person is to be regarded, for the purposes of the Government Superannuation Fund Act 1956
b: the Government Superannuation Fund Act 1956
2: For the purposes of this section, subsection (1) applies to the new Māori Trustee as if the new Māori Trustee were a transferred employee. Taxation and other duties
29: Taxes and duties
1: This section applies for the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of any tax, duty, levy, rate, or other charge.
2: On and from the commencement of this Act,—
a: the old Maori Trustee and the new Māori Trustee are to be treated as the same person; and
b: all transactions entered into by, and all acts of, the old Maori Trustee before the commencement of this Act are to be treated as having been entered into or performed by the new Māori Trustee on the date on which they were entered into or performed by the old Maori Trustee.
3: In this section, Inland Revenue Acts section 3(1) Section 29(3) amended 8 December 2009 section 165 Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 Consequential and other amendments
30: Enactments amended
1: The enactments listed in the Schedule
2: On and from the commencement of this Act, except as expressly provided or unless the context otherwise requires, every reference in any enactment or document to—
a: the Maori Trustee must be read as a reference to the Māori Trustee, as defined in section 2(3)
b: the Maori Trust Office must be read as a reference to the Māori Trustee, as defined in section 2(3) 2009-07-01 Administration Act 1969 Crown Proceedings Act 1950 Insolvency Act 2006 Maori Affairs Restructuring Act 1989 Maori Community Development Act 1962 Maori Housing Act 1935 Maori Purposes Act 1954 Maori Reserved Land Act 1955 Maori Soldiers Trust Act 1957 Maori Vested Lands Administration Act 1954 Mining Tenures Registration Act 1962 Official Information Act 1982 Ombudsmen Act 1975 Protection of Personal and Property Rights Act 1988 Public Audit Act 2001 Public Finance Act 1989 Queen Elizabeth the Second Postgraduate Fellowship of New Zealand Act 1963 Remuneration Authority Act 1977 Te Ture Whenua Maori Act 1993 Trustee Act 1956