1: Title
1: This Act is the State-Owned Enterprises Amendment Act 2004.
2: In this Act, the State-Owned Enterprises Act 1986 the principal Act
2: Commencement
This Act comes into force on 25 January 2005.
3: Application of
Employment Relations Act 2000 Section 8 subsection (2)
2: Before entering into any collective agreement under the Employment Relations Act 2000
3: The Governor-General may, by Order in Council, apply subsection (2) Schedule 2
4: On the commencement of that order, that subsection applies accordingly.
4: Schedules 1 2 Schedules 1 2 Animal Control Products Limited Learning Media Limited Quotable Value Limited.
5: Consequential amendments to other enactments
The Acts specified in the Schedule are amended in the manner indicated in that schedule.


1: Title
1: This Act is the Customs and Excise (Motor Spirits) Amendment Act 2005.
2: In this Act, the Customs and Excise Act 1996 the principal Act
2: Commencement
1: Part 1
2: Part 2 Schedule
3: The date appointed must not be before 1 April 2005.
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments enabling indexation of duties on motor spirits by reference to diversion amounts
3: Purpose of this Part
The purpose of this Part is to amend the principal Act to enable indexation of the rates of excise duty and excise-equivalent duty on motor spirits by reference to the amounts required by section 40 Land Transport Management Act 2003
4: New section 79A inserted
The principal Act is amended by inserting, after section 79
79A: Indexation of rates of excise duty and excise-equivalent duty on motor spirits by reference to diversion amounts
1: The Governor-General may, by Order in Council, amend Schedule 3 subsection (4)
a: the Governor-General thinks fit; and
b: are permitted by subsections (2) and (3)
2: Any change in the rates of excise duty and excise-equivalent duty made by Order in Council under subsection (1)
a: must be limited in accordance with subsection (3)
b: may come into force only on 1 April in any calendar year.
3: No new rate of excise duty or excise-equivalent duty imposed on any goods under subsection (1) where—
a: is the Index number of the Consumers Price Index All Groups excluding credit services issued by the Government Statistician for the quarter ending on 31 December in the calendar year before the year in which the order is to come into force
b: is the Index number of the quarterly Consumers Price Index All Groups excluding credit services issued by the Government Statistician for the quarter ending 12 months before, and expressed on the same base quarter as, the relevant quarter specified in item a of this formula
c: is the diversion amount (as defined in subsection (4)
d: is the existing rate of duty in respect of the goods to which the order relates.
4: In this section,— diversion amount section 40 of the Land Transport Management Act 2003 motor spirits Schedule 3
5: Certain Orders in Council subject to confirmation
Section 80(1) (3) of this Act or section 79A(1)
2: Amendments to increase duties on motor spirits
6: Purpose of this Part
The purpose of this Part is to amend the principal Act to increase, by 5 cents per litre (excluding goods and services tax), the rates of excise duty and excise-equivalent duty on motor spirits.
7: Schedule 3 amended
1: Part A Part A
2: Part B Part B


1: Title
1: This Act is the Films, Videos, and Publications Classification Amendment Act 2005.
2: In this Act, the Films, Videos, and Publications Classification Act 1993 the principal Act
2: Commencement
1: The following sections (which relate to the issue under the principal Act of labels for restricted publications (other than films)) come into force on the day that is 3 months after the date on which this Act receives the Royal assent:
a: section 3(1)
b: sections 12 to 14
c: sections 20 21
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Interpretation
1: The definition of label in section 2 film or other publication
2: Section 2 paragraph (c)
c: a paper or other thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words:
d: a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words: .
4: Meaning of objectionable
1: Section 3 subsection (1)
1A: Without limiting subsection (1)
a: the publication is or contains 1 or more visual images of 1 or more children or young persons who are nude or partially nude; and
b: those 1 or more visual images are, alone, or together with any other contents of the publication, reasonably capable of being regarded as sexual in nature.
1B: Subsection (1A)
2: Section 3(3) (4) should in accordance with section 23(2)
5: New
sections 3A to 3D The principal Act is amended by inserting, after section 3
3A: Publication may be age-restricted if it contains highly offensive language likely to cause serious harm
1: A publication to which subsection (2) section 23(2)(c)(i)
2: This subsection applies to a publication that contains highly offensive language to such an extent or degree that the availability of the publication would be likely, if not restricted to persons who have attained a specified age, to cause serious harm to persons under that age.
3: In this section, highly offensive language
3B: Publication may be age-restricted if likely to be injurious to public good for specified reasons
1: A publication to which subsection (2) section 23(2)(c)(i)
2: This subsection applies to a publication that contains material specified in subsection (3) subsection (4)
3: The material referred to in subsection (2)
a: describes, depicts, expresses, or otherwise deals with—
i: harm to a person's body whether it involves infliction of pain or not (for example, self-mutilation or similarly harmful body modification) or self-inflicted death; or
ii: conduct that, if imitated, would pose a real risk of serious harm to self or others or both; or
iii: physical conduct of a degrading or dehumanising or demeaning nature; or
b: is or includes 1 or more visual images—
i: of a person's body; and
ii: that, alone, or together with any other contents of the publication, are of a degrading or dehumanising or demeaning nature.
4: The reasons referred to in subsection (2)
a: cause them to be greatly disturbed or shocked; or
b: increase significantly the risk of them killing, or causing serious harm to, themselves, others, or both; or
c: encourage them to treat or regard themselves, others, or both, as degraded or dehumanised or demeaned.
3C: Procedure for classification under
sections 3A and 3B In determining whether to classify a publication as a restricted publication in accordance with section 3A or section 3B paragraphs (a) to (f) of section 3(4)
3D: How
sections 3A and 3B sections 3 and 23(2)(c) Sections 3A and 3B section 3 sections 3 and 23(2)(c)
6: Transitional provision
1: Sections 3A to 3D section 5 section 23(2)(c)(i) section 11 new provisions
a: publications submitted or referred to the Classification Office or Board of Review under the principal Act before the commencement of this section, but not classified by the Classification Office or the Board (whether for a first time or by way of reconsideration) before that commencement; and
b: publications submitted or referred to the Classification Office or Board of Review under the principal Act on or after the commencement of this section.
2: No person may be convicted of an offence against section 125(1) 126(1)
3: Without limiting section 42(3)
7: Whether publication objectionable a matter of expert judgment
1: The heading to section 4 Whether publication objectionable Classification of publications
2: Section 4(1) is objectionable or should in accordance with section 23(2)
8: Submission of films by labelling body
Section 12 subsection (1)
1A: However, the labelling body is not required by subsection (1)
a: an item on the film has been classified under this Act as a restricted publication; and
b: all other material included on the film is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating; and
c: the labelling body may, without a direction of the Classification Office under section 36
9: Submission of publications by others
Section 13(1) paragraph (a)
ab: the Commissioner of Police: .
10: New
section 19
1: The principal Act is amended by repealing section 19
19: Notification of submission
1: This section applies if a person (the submitter section 13
2: The Chief Censor must immediately determine the notice of the submission that is to be given to any person (other than the submitter) who the Chief Censor reasonably believes should be given notice of the submission by reason of that person's interest in the publication (being an interest as owner, maker, distributor, or publisher of the publication).
3: The Chief Censor may, before the publication has been classified by the Classification Office, determine—
a: that notice of the submission is to be given to any other specified person or class of persons, in a manner and within a time the Chief Censor specifies:
b: that the fact that the submission has been made is to be publicised, in a manner and within a time the Chief Censor specifies.
4: Having determined under subsection (2) or subsection (3) subsection (5)
5: The Chief Censor must arrange for the Classification Office to give that notice or to publicise that fact if satisfied that giving that notice or publicising that fact would place an undue burden on the submitter.
2: Section 20(1)(c) paragraph (a) or paragraph (b)(i) of section 19 of this Act section 19(4) or (5)
3: A direction given under section 19(a) (b)
11: Examination and classification
1: Section 23(2) section 3 of this Act sections 3 to 3D
2: Section 23(2)(c)(i) a specified age not exceeding 18 years
12: Conditions relating to display of restricted publications
1: Section 27(4) paragraph (a)
a: that, when the publication is on public display, the classification given to the publication must be shown by way of a label—
i: issued in accordance with a direction under section 36A(2)
ii: affixed to the publication in a manner specified by the Classification Office; or
iii: brought in some other, more practical or convenient way to the attention of persons to whom the publication is displayed in a manner specified by the Classification Office: .
2: A condition imposed pursuant to section 27(4)(a) subsection (3)(a) section 27(4)(a) subsection (1)
3: However, a condition to which subsection (2)
a: if the Classification Office specified a manner under the former provision, in that manner; and
b: in every other case, in any manner the person who publicly displays the publication concerned thinks fit.
13: New
section 36A The principal Act is amended by inserting, after section 36
36A: Issue of labels in respect of other publications that are classified as restricted publications
1: This subsection applies to a publication (other than a film) if the Classification Office has—
a: examined the publication and classified it as a restricted publication; and
b: imposed pursuant to section 27(4)(a)
2: If subsection (1)
3: Where, under subsection (2) section 55(1)(da)
a: any label previously issued in respect of the publication by the labelling body; and
b: any previous direction by the Classification Office to the labelling body to issue a label in respect of the publication.
14: Decisions of Classification Office
Section 38(2) paragraph (d)
d: in the case of a film, the terms of any direction given to the labelling body under section 36
e: in the case of a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a) section 36A(2)
15: Decisions to be conclusive evidence
Section 41(2) recorded in any list produced in accordance with section 40 of this Act , in accordance with section 40(3) section 40(1)
16: Reconsideration of publications
Section 42(1) (2) recorded in any list produced in accordance with section 40 of this Act , in accordance with section 40(3) section 40(1)
17: Right of review
1: Section 47 subsection (3)
3: Every application for the leave of the Secretary under subsection (2)(e)
a: be made in the prescribed manner; and
b: be lodged with the Secretary before the deadline specified in subsection (3A)
3A: The deadline referred to in subsection (3)(b) section 40(3) section 40(1)
2: The amendment in this section applies only in respect of a decision of the Classification Office made on or after the commencement of this section.
18: Applications for review
1: Section 48(1) paragraph (b)
b: be lodged with the Secretary before the relevant deadline specified in section 48A .
2: Section 48 subsection (2)
2: On receiving under this section an application for review the Secretary must, if satisfied that it complies with subsection (1)
3: The amendments in this section and section 19
19: New
section 48A
1: The principal Act is amended by inserting, after section 48
48A: Deadline for lodging applications for review
The deadline referred to in section 48(1)(b)
a: if the person concerned requires the leave of the Secretary under section 47(2)(e)
i: the 5th working day after the day on which that leave is granted by the Secretary; or
ii: the 30th working day after the day on which the relevant decision of the Classification Office is, in accordance with section 40(3) section 40(1)
b: in every other case, the end of ordinary office hours on the 30th working day after the day on which the relevant decision of the Classification Office is, in accordance with section 40(3) section 40(1)
2: Section 31 paragraphs (c) (d)
c: if no application for a review of that decision is lodged pursuant to section 47 section 48A
d: if an application for a review of that kind is lodged before that deadline, the Board has made a determination in relation to that review.
20: Decision of Board
Section 55(1) paragraph (d)
da: where the review is in respect of a publication (other than a film) and the Board imposes a condition pursuant to section 27(4)(a) section 36A(2) .
21: Functions of labelling body
Section 71 paragraph (b)
ba: to issue, on an application under section 9(1) section 36
i: an item on which has been classified under this Act as a restricted publication; and
ii: all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating:
bb: to issue, at the direction of the Classification Office under section 36 or section 36A(2)
i: a film to which section 36(1) or (2)
ii: a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a) .
22: Continuation in office after term expires
Section 95(b) reappointed appointed
23: New
sections 109 to 109C
1: The principal Act is amended by repealing section 109
109: Search warrants for offences against specified sections (other than
sections 126 and 131A A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
a: any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 or section 124 or section 127 or section 129
b: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or
c: any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind.
109A: Search warrants from District Court Judges for offences against
sections 126 and 131A
1: A District Court Judge may, on an application in writing made on oath, issue a search warrant if satisfied—
a: that there are reasonable grounds for believing that there is in or on any place or thing—
i: a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126
ii: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126
iii: an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A
iv: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A
b: that in all the circumstances it is reasonable to do so.
2: In considering whether to issue a warrant under this section, the District Court Judge must have regard to—
a: the nature and seriousness of the alleged offending to which the application relates; and
b: any information provided by the applicant about the importance, to the investigation of the offence, of the issue of a warrant; and
c: any other matter the Judge considers relevant.
109B: Search warrants from Registrars, etc, for offences against
section 126 or section 131A A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisfied—
a: that, in the particular case,—
i: that all reasonable efforts have been made to obtain a warrant under section 109A
ii: that no District Court Judge is available to deal with an application under section 109A
iii: that delaying a search until a warrant under section 109A
b: that there are reasonable grounds for believing that there is in or on any place or thing—
i: a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126
ii: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126
iii: an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A
iv: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A
109C: Who may apply for search warrants
An application under section 109 or section 109A or section 109B
2: Section 2 of this Act or section 109A or section 109B
3: Section 111(2) paragraph (d)
d: to search for and seize anything referred to—
i: in section 109(a) to (c) section 109
ii: in section 109A(1)(a)(i) or (ii) section 109A section 126
iii: in section 109A(1)(a)(iii) or (iv) section 109A section 131A
iv: in section 109B(b)(i) or (ii) section 109B section 126
v: in section 109B(b)(iii) or (iv) section 109B section 131A
4: Section 118(5) of this Act or section 109A or section 109B
5: Section 198 Summary Proceedings Act 1957 subsection (1)
1A: Despite subsection (1) Films, Videos, and Publications Classification Act 1993
24: New
section 118A The principal Act is amended by inserting, after section 118
118A: Application of
Customs and Excise Act 1996
1: Sections 137, 139, 140, 143, 144, 148, 149B, 152, and 165 to 167 of the Customs and Excise Act 1996 section 209 of the Customs and Excise Act 1996
2: Section 161 of the Customs and Excise Act 1996 section 162 of that Act
3: A Customs officer may arrest a person without warrant in accordance with section 174(1) of the Customs and Excise Act 1996 section 209 of that Act section 124(1) of this Act
a: the importation into New Zealand of an objectionable publication for the purposes of supply or distribution; or
b: the supply or distribution, by way of exportation from New Zealand, of an objectionable publication.
4: Section 174(3) and (4) of the Customs and Excise Act 1996 subsection (3)
5: Nothing in this section limits the application of any provisions of the Customs and Excise Act 1996
25: New
sections 122 122A The principal Act is amended by repealing section 122
122: Meaning of distribute in
sections 123 to 132
1: In sections 123 to 132 distribute
a: to deliver, give, or offer the publication; or
b: to provide access to the publication (for example, to provide access by means of a public data network to digital content that is or includes the publication).
2: However, a person does not distribute a publication unless the person—
a: intends, or knows of, the act of distribution; and
b: knows what, in general terms, the publication is or contains.
3: To avoid doubt, to distribute, in relation to a publication, does not include to facilitate access to the publication by providing only some or all of the means necessary for—
a: delivery of the publication in physical form; or
b: transmission (other than by broadcasting) of the contents of the publication.
4: Examples of a person facilitating access to a publication in the ways referred to in subsection (3)
a: a postal operator or courier providing only some or all of the means necessary for delivering the publication in physical form; and
b: a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.
122A: Definitions for
section 122 In section 122 courier digital content
a: means information that is kept on a data storage device and accessed, or available for access, through a public data network; but
b: does not include email, or information that is transmitted in the form of a broadcasting service network operator section 3(1) of the Telecommunications (Interception Capability) Act 2004 postal operator section 2(1) of the Postal Services Act 1998 public data network section 5 of the Telecommunications Act 2001 service provider
a: means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but
b: does not include a network operator.
26: Offences of strict liability relating to objectionable publications
1: Section 123(1) paragraphs (c) to (f)
c: imports into New Zealand an objectionable publication for the purposes of supply or distribution to any other person; or
d: supplies or distributes (including in either case by way of exportation from New Zealand) an objectionable publication to any other person; or
e: has in that person's possession, for the purposes of supply or distribution to any other person, an objectionable publication; or
f: in expectation of payment or otherwise for gain, or by way of advertisement, displays or exhibits an objectionable publication to any other person.
2: Section 123 subsection (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: Section 123(4) paragraphs (a) (b)
a: supplied (within the meaning of that term in section 2 paragraphs (b) to (e) of subsection (1)
b: distributed (within the meaning of that term in section 122 paragraphs (b) to (e) of subsection (1)
c: imported into New Zealand for the purposes of paragraph (c) of subsection (1) .
27: Offences involving knowledge in relation to objectionable publications
Section 124 subsection (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 10 years:
b: in the case of a body corporate, to a fine not exceeding $200,000.
28: New
section 124A The principal Act is amended by inserting, after section 124
124A: Where distribution, importation, etc, not an offence
1: Nothing in section 123 or section 124 paragraphs (a) to (l) of section 131(4)
a: import a publication into New Zealand (whether with the involvement of an overseas official or not):
b: export a publication from New Zealand to an overseas official:
c: distribute a publication to a person referred to in any of paragraphs (a) to (l) of section 131(4)
d: make a copy of a publication for the purposes of distribution of the kind specified in paragraph (c)
e: be in possession of a publication for the purposes of distribution of the kind specified in paragraph (c)
2: In subsection (1) overseas official section 131(4)
3: This subsection applies to a charge under section 123 or section 124
a: distributed a publication; or
b: made a copy of a publication for the purposes of distribution to any other person; or
c: possessed a publication for the purposes of distribution to any other person.
4: It is a defence to a charge to which subsection (3) paragraphs (a) to (f) of section 131(5)
29: Exhibition to persons under 18
1: Section 127 subsection (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
2: Section 127 subsection (5)
5: Every person who commits an offence against subsection (4)
a: in the case of an individual, to imprisonment for a term not exceeding 10 years:
b: in the case of a body corporate, to a fine not exceeding $200,000.
30: Offences in public place
1: Section 129 subsection (2)
2A: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
2: Section 129 subsection (4)
4: Every person who commits an offence against subsection (3)
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
31: New
section 131A
1: The principal Act is amended by inserting, after section 131
131A: Offences relating to possession of objectionable publications and involving knowledge
1: Every person commits an offence who does any act that constitutes an offence against section 131(1)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
2: Section 144(1) section 131 or section 131A
32: New
section 132A The principal Act is amended by inserting, after section 132
132A: Aggravating factor to be taken into account in sentencing, etc, for certain publications offences
1: This section applies to an offence (the offence) if it is committed after the commencement of this section and it is an offence against—
a: section 124(1)
b: section 127(4)
c: section 129(3)
d: section 131A(1)
e: section 209(1A) of the Customs and Excise Act 1996
2: In sentencing or otherwise dealing with an offender for the offence, the court must take into account as an aggravating factor the extent to which any publication that was the subject of the offence is objectionable because it does any or all of the following:
a: promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:
b: describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:
c: exploits the nudity of children, or young persons, or both.
3: In deciding for the purposes of subsection (2) subsection (2)(a) to (c)
a: if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38 section 55
b: if the publication has been referred to the Classification Office under section 29(1) or section 41(3) section 30
4: Nothing in this section affects the application of the Sentencing Act 2002
33: New
section 141A
1: The principal Act is amended by inserting, after section 141
141A: Offences punishable on conviction on indictment
Every offence against any of the following sections of this Act is punishable on conviction on indictment:
a: section 124(1)
b: section 127(4)
c: section 131A(1)
2: Section 142 shall be and that is not an offence against a section specified in section 141A(a) to (c)
34: New
sections 145A to 145C
1: The principal Act is amended by inserting, after section 145
145A: Extraterritorial jurisdiction for certain offences as required by Optional Protocol
1: In this section and sections 145B and 145C child pornography
a: a representation, by any means, of a person who is or appears to be under 18 years of age engaged in real or simulated explicit sexual activities; or
b: a representation of the sexual parts of a person of that kind for primarily sexual purposes Optional Protocol relevant offence
a: section 124(1)
b: section 127(4)
c: section 129(3)
d: section 131A(1)
e: section 209(1A) of the Customs and Excise Act 1996
2: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for a relevant offence that involves child pornography if the person to be charged—
a: has been found in New Zealand; and
b: has not been extradited on the grounds that he or she is a New Zealand citizen.
3: This section does not affect the application of any section referred to in paragraphs (a) to (e) subsection (1)
a: acts that occurred wholly within New Zealand; or
b: an offence that, under section 7 of the Crimes Act 1961
c: acts to which section 8 of that Act
d: acts that, under section 8A of that Act
145B: Attorney-General's consent required where jurisdiction claimed under
section 145A
1: Proceedings for a relevant offence cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 145A
2: A person over whom jurisdiction is claimed by virtue of section 145A
145C: Offences deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 or section 104 of that Act
a: concluded before the commencement of section 34 of the Films, Videos, and Publications Classification Amendment Act 2005
b: for the time being in force between New Zealand and any foreign country that is a party to the Optional Protocol.
2: A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) Extradition Act 1999 subsection (1)(a)
3: However, subsection (2)
4: A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the Optional Protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section, child pornography Optional Protocol relevant offence section 145A(1) foreign country
a: for whose international relations the Government of a foreign country is responsible; and
b: to which the extradition treaty and the Optional protocol extend.
2: Section 101A(2) Extradition Act 1999
i: section 145C of the Films, Videos, and Publications Classification Act 1993
35: Regulations
Section 149 paragraph (h)
ha: prescribing, as contemplated by sections 12(1A) and 71(ba) section 9(1) section 36
i: an item on which has been classified under this Act as a restricted publication; and
ii: all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating: .
36: Decisions under
Indecent Publications Act 1963 Section 152(4) recorded in any list produced in accordance with section 40 of this Act in accordance with section 40(3) section 40(1)
37: Classification decisions under
Video Recordings Act 1987 Section 161(5) recorded in any list produced in accordance with section 40 of this Act in accordance with section 40(3) section 40(1)
38: Classification decisions under
Films Act 1983 Section 168(5) recorded in any list produced in accordance with section 40 of this Act in accordance with section 40(3) section 40(1)
2: Amendments to other Acts
Amendments to Customs and Excise Act 1996
39: Interpretation
Section 2(1) Customs and Excise Act 1996 electronic publication exportation
a: except where otherwise expressly provided, means any shipment in any craft for transportation to a point outside New Zealand; and
b: in relation to an electronic publication referred to in section 56(1)(a) prohibited exports section 56 prohibited imports section 54
40: Prohibited imports
Section 54(1) Customs and Excise Act 1996 paragraph (aa)
aa: all publications as defined in section 2 of the Films, Videos, and Publications Classification Act 1993 .
41: Prohibited exports
Section 56 Customs and Excise Act 1996 subsection (1)
1: It is unlawful to export from New Zealand—
a: all publications as defined in section 2 of the Films, Videos, and Publications Classification Act 1993
b: goods the exportation of which is prohibited by an order under subsection (2)
1A: Electronic publications the exportation of which is prohibited by subsection (1)(a) section 12 of the Goods and Services Tax Act 1985 section 1(3) of that Act
42: Offences in relation to importation or exportation of prohibited goods
1: Section 209(1)(a) (d) (e) Customs and Excise Act 1996 under section 54 of this Act by or under section 54
2: Section 209(1)(b) Customs and Excise Act 1996 an Order in Council made under section 56(2) of this Act or under section 56
3: Section 209 Customs and Excise Act 1996 subsection (1)
1A: Every person commits an offence who does any act referred to in paragraph (c) or paragraph (e) of subsection (1)
1B: In this section, objectionable publication section 2 of the Films, Videos, and Publications Classification Act 1993
a: the importation of which is prohibited by or under section 54
b: the exportation of which is prohibited by or under section 56
4: Section 209(1)(c) (e) Customs and Excise Act 1996 goods (other than objectionable publications)
5: Section 209 Customs and Excise Act 1996
5: Every person who commits an offence against subsection (1A)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: Section 132A of the Films, Videos, and Publications Classification Act 1993 subsection (1A) of this section section 145A(1) of that Act
43: Publications imported in course of official duties
1: The heading to section 209A Customs and Excise Act 1996 imported or exported
2: Section 209A Customs and Excise Act 1996 subsection (1)
1: Nothing in section 209
a: import a publication (whether with the involvement of an overseas official or not):
b: export a publication (for example, an electronic publication) to an overseas official.
44: Schedule 1 Schedule 1 Customs and Excise Act 1996 Amendment to Mutual Assistance in Criminal Matters Act 1992
45: Schedule amended to refer to Optional Protocol
The Schedule Mutual Assistance in Criminal Matters Act 1992 29 The Optional Protocol to the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the General Assembly of the United Nations at New York on 25 May 2000 An offence— (a) against any of the following sections of the Films, Videos, and Publications Classification Act 1993: section subject matter 124(1) knowingly making or supplying objectionable publications, etc 127(4) knowing exhibition to persons under 18 129(3) knowing distribution of objectionable publication in public place 131A(1) knowingly having possession of objectionable publication; and (b) that involves child pornography (as defined in section 145A(1) of that Act) An offence— (a) against the following section of the Customs and Excise Act 1996: section subject matter 209(1A) knowing importation or exportation of objectionable publications; and (b) that involves child pornography (as defined section 145A(1) of the Films, Videos, and Publications Classification Act 1993) Amendments to Summary Proceedings Act 1957
46: Part 2
1: Part 2 Summary Proceedings Act 1957 Customs and Excise Act 1996 209(1A) Offences relating to importation or exportation of objectionable publications.
2: Part 2 Summary Proceedings Act 1957 The Films, Videos, and Publications Classification Act 1993 124(1) Offences involving knowledge in relation to objectionable publications 127(4) Offence of exhibiting or displaying objectionable publication to person under age of 18 years knowing or having reasonable cause to believe that publication is objectionable 131A(1) Offences relating to possession of objectionable publications and involving knowledge.


1: Title
This Act is the Relationships (Statutory References) Act 2005.
2: Commencement
Except as provided in sections 3 4 5 6
1: Amendments to Acts
Housing Restructuring and Tenancy Matters Act 1992 Heading amended 1 July 2006 section 5(2)(f) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 by inserting the words and Tenancy Matters Restructuring
3: Amendment to Housing Restructuring
and Tenancy Matters
1: Section 46(6) and Tenancy Matters
2: This section comes into force on 1 April 2007. The heading to section 3 amended 1 July 2006 section 5(2)(f) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 by inserting the words and Tenancy Matters Restructuring Section 3(1) amended 1 July 2006 section 5(2)(f) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 by inserting the words and Tenancy Matters Restructuring Local Authorities (Members’ Interests) Act 1968
4: Amendments to Local Authorities (Members’ Interests) Act 1968
1: Section 2(1) of the Local Authorities (Members’ Interests) Act 1968 local authority partner spouse or partner 2007-10-13 Local Authorities (Members’ Interests) Act 1968
2: Sections 3 and 6 of the Local Authorities (Members’ Interests) Act 1968 spouse or partner 2007-10-13 s 3 s 6
3: This section comes into force on 13 October 2007. Rates Rebate Act 1973
5: Amendments to Rates Rebate Act 1973
1: Section 2(1) child child
2: Section 2(1) dependant spouse or partner
3: Section 2(1) dependant or adoption by or through a civil union or de facto relationship, or by adoption
4: Section 2(1) local authority partner
5: Section 2(1) spouse spouse
6: This section comes into force on 1 July 2006. Status of Children Act 1969
6: Amendments to Status of Children Act 1969
1: Section 14(1) de facto partner partner partnered woman partner
a: in relation to a woman who is married or in a civil union and to whom paragraph (b)
b: in relation to a woman ( woman A
c: in relation to a woman ( woman A partnered woman
a: is married or in a civil union; or
b: is married or in a civil union, but is living with a man, or with another woman, as a de facto partner; or
c: is not married or in a civil union but is living with a man, or with another woman, as a de facto partner .
2: This section comes into force on 1 July 2005. Other Acts amended
7: Other Acts amended in Schedule 1
The Acts specified in Schedule 1
2: Amendments to regulations
Family Court Rules 2002
8: Rules amended in Schedule 2
1: The rules and forms in the Family Court Rules 2002 Part 1 marriage or civil union
2: The Family Court Rules 2002 Part 2 Property (Relationships) Forms Regulations 2001
9: Interpretation
Regulation 3 option B spouse , civil union partner,
10: Form of notice of choice of option A or option B by surviving spouse or de facto partner
Regulation 5 spouse , civil union partner,
11: Forms
The Property (Relationships) Forms Regulations 2001 are amended by revoking Schedules 1 2 Schedule 3 Other regulations amended
12: Other regulations amended in Schedule 4
The regulations specified in Schedule 4


Administration Amendment Act 2005

1: Title
1: This Act is the Administration Amendment Act 2005.
2: In this Act, the Administration Act 1969 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Application
The amendments to the principal Act in sections 4 to 10
4: Administration during minority of executor
Section 9(3)(b) married or in a civil union
5: Charges on property of deceased to be paid primarily out of property charged
Section 34(1A) or wife , wife, or civil union partner
6: Payment without administration
1: Section 65(2)(a) widower, surviving civil union partner,
2: Section 65(2)(d) marriage or civil union
7: Succession to real and personal estate on intestacy
1: Items 1 to 6 in column 1 of the table set out in section 77 or wife , wife, civil union partner,
2: Column 2 of the table set out in section 77 or wife or partner , wife, civil union partner, or surviving de facto partner
8: New
section 77C The principal Act is amended by repealing section 77C
77C: Succession on intestacy if intestate partner dies leaving husband, wife, or civil union partner and 1 or more de facto partners
1: This section applies if the intestate dies leaving—
a: 1 or more surviving de facto partners entitled to succeed on the intestacy, and a husband, wife, or civil union partner; or
b: 2 or more surviving de facto partners entitled to succeed on the intestacy.
2: If this section applies,—
a: the real or personal estate of the intestate to which section 77
b: the husband, wife, or civil union partner and each surviving de facto partner or, as the case requires, each of the surviving de facto partners, is entitled to an equal share of the estate that would, under section 77
9: Statutory trusts in favour of issue and other classes of relatives of intestate
1: Section 78(1) marry or enter into a civil union
2: Section 78(1)(b) marrying or entering into a civil union
10: Application to cases of partial intestacy
Section 79(2) or wife , wife, civil union partner,


Care of Children Amendment Act 2005

1: Title
1: This Act is the Care of Children Amendment Act 2005.
2: In this Act, the Care of Children Act 2004 the principal Act
2: Commencement
This Act comes into force on 1 July 2005.
3: Amendments to principal Act in Schedule
The principal Act is amended in the manner set out in the Schedule.


Child Support Amendment Act 2005

1: Title
1: This Act is the Child Support Amendment Act 2005.
2: In this Act, the Child Support Act 1991 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Amendments to principal Act in Schedule
The principal Act is amended in the manner set out in the Schedule.


1: Title
1: This Act is the Deaths by Accidents Compensation Amendment Act 2005.
2: In this Act, the Deaths by Accidents Compensation Act 1952 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Application
The amendments to the principal Act in sections 4 to 6
4: Interpretation
1: Section 2(1) dependant wife, husband, spouse, civil union partner,
2: Section 2(1) wife spouse and civil union partner
a: has been the deceased person's spouse or civil union partner, as the case may be; and
b: at the time of the deceased person's death, was maintained or entitled to be maintained by the deceased person either wholly or partly, or would, but for the incapacity due to the accident from which the deceased person's death resulted, have been so maintained or entitled
5: Action to be for benefit of family
Section 5 wife or husband spouse or civil union partner
6: Persons who may apply for order or variation of order
1: Section 19(b) husband or wife spouse or civil union partner
2: Section 19(c) marriage or civil union


1: Title
1: This Act is the Estate and Gift Duties Amendment Act 2005.
2: In this Act, the Estate and Gift Duties Act 1968 the principal Act
2: Commencement
1: Except as provided in subsection (2)
2: Section 3(2)
3: Amendments to principal Act in Schedule
1: The principal Act is amended in the manner set out in Part 1
2: The principal Act is amended in the manner set out in Part 2


1: Title
1: This Act is the Goods and Services Tax Amendment Act 2005.
2: In this Act, the Goods and Services Tax Act 1985 the principal Act
2: Commencement
1: Except as provided in subsection (2)
2: Section 3(2)
3: Amendments to principal Act in Schedule
1: The principal Act is amended in the manner set out in Part 1
2: The principal Act is amended in the manner set out in Part 2


1: Title
1: This Act is the Government Superannuation Fund Amendment Act 2005.
2: In this Act, the Government Superannuation Fund Act 1956 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Interpretation
Section 2(1) Minister partner spouse or partner .
4: Certain amendments to principal Act in Schedule
1: The provisions of the principal Act specified in Part 1 spouse or partner
2: The provisions of the principal Act specified in Part 2 spouses or partners
3: The provisions of the principal Act specified in Part 3 marital status relationship status
5: Increasing allowance for contributor retiring in consequence of injuries
Section 37(1) the widow or any dependent widower or other a spouse or partner or
6: Benefits where contributor under this Part dies and leaves spouse
1: Section 45(1)(a)(ii) Where the spouse is the widow or widower of the deceased contributor,
2: Section 45 subsection (2)
2: Where any contributor under this Part dies, after becoming entitled to a retiring allowance and while still entitled to a retiring allowance, and leaves a spouse or partner who last became the spouse or partner of the contributor before the contributor became entitled to receive a retiring allowance, there is to be paid out of the Fund to the spouse or partner, at the election of the spouse or partner,—
a: an annuity at the greater of the following rates:
i: one-half of the rate of the retiring allowance to which the contributor was entitled at the date of the contributor's death, disregarding the effect of any election made under section 40 or section 48
ii: the rate of $390 a year; or
b: the amount of the contributor's contributions to the Fund, less any amounts received by the contributor from the Fund during the contributor's lifetime.
7: Annual allowances to widows or approved dependants in consideration of election to accept reduced retiring allowances
1: The heading to section 48 widows surviving spouses, partners,
2: Section 48(1) widow partner spouse
3: Section 48(2)
4: Section 48(3) widow spouse, partner,
5: Section 48(4) widow spouse, partner,
6: Section 48(7) (8) (9) (13) widow spouse or partner
7: Section 48 subsection (11)
8: Section 48 subsection (11)
11A: Despite subsection (11)
8: Contributions to Fund may be applied in restitution of public money misappropriated by contributor
Section 60(1) wife spouse or partner
9: Effect of loss of pay through punishment
Section 71(4) widow or widower spouse or partner
10: Amendments to Acts amending principal Act
1: Section 12 Government Superannuation Fund Amendment Act 1961 widow surviving spouse or partner
2: Section 4(2) of the Government Superannuation Fund Amendment Act 1964 is amended by omitting the words widow or dependent widower surviving spouse or partner
3: Section 2(5) Government Superannuation Fund Amendment Act 1969 widow or dependent widower surviving spouse or partner
4: Sections 5(4) 7(5) Government Superannuation Fund Amendment Act 1970 widow or dependent widower surviving spouse or partner
5: Section 6 Government Superannuation Fund Amendment Act 1972
a: omitting from the heading the words widows' and dependent widowers' annuities annuities payable to surviving spouses and partners
b: omitting from subsections (4) (7) widow or dependent widower surviving spouse or partner
11: Past decisions
1: All decisions made on or after 2 October 2001 by the Government Superannuation Appeals Board or the Government Superannuation Fund Authority in favour of an individual contributor, beneficiary, or potential beneficiary have effect, in so far as they relate to that individual, as if the decision were one that the Appeals Board or the Authority was entitled to make.
2: The decision binds the Authority in any dealings after the commencement of this Act with the contributor, beneficiary, or potential beneficiary in whose favour the decision was made, unless that person supplied misleading or incorrect information or otherwise acted in bad faith.
3: However, the decision does not have any precedent effect in favour of any contributor, beneficiary, or potential beneficiary other than the person in whose favour the decision was made. 2001 No 47 s 35


Income Tax Amendment Act 2005

1: Title
1: This Act is the Income Tax Amendment Act 2005.
2: In this Act, the Income Tax Act 2004 the principal Act
2: Commencement
1: Except as provided in subsection (2)
2: Section 3(2)
3: Amendments to principal Act in Schedule
1: The principal Act is amended in the manner set out in Part 1
2: The principal Act is amended in the manner set out in Part 2


1: Title
1: This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005.
2: In this Act, the Injury Prevention, Rehabilitation, and Compensation Act 2001 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Interpretation
Section 6(1) partner spouse or partner section 18A(1) to (3) section 18A(4) to (6) .
4: Spouse (and spouse in relation to deceased claimant)
1: Section 18 subsection (1)
1: Spouse means a person (person A) to whom the claimant is legally married.
2: Section 18 subsection (4)
4: Spouse, in relation to a deceased claimant, means a person (person B) to whom the deceased claimant was legally married immediately before his or her death.
5: New
section 18A The principal Act is amended by inserting, after section 18
18A: Partner (and partner in relation to deceased claimant)
1: Partner means a person (person A) with whom the claimant is in a civil union or a de facto relationship.
2: However, person A is not the partner of a claimant if—
a: person A and the claimant are living apart; and
b: the claimant is not contributing financially to person A's welfare.
3: Subsection (2)
4: Partner, in relation to a deceased claimant, means a person (person B)—
a: with whom the deceased claimant was in a civil union immediately before his or her death; or
b: with whom the deceased claimant was in a de facto relationship immediately before his or her death.
5: However, person B is not the partner of a deceased claimant if, at the time of the deceased claimant's death,—
a: person B and the deceased claimant were living apart; and
b: the deceased claimant was not contributing financially to person B's welfare.
6: Subsection (5)
6: Compensation payable to surviving spouses under 1972 and 1982 Acts
1: The heading to section 384 spouses or de facto partners
2: Section 384(1) spouse or de facto partner
7: Schedule 1 Clause 66(4) paragraphs (a) (b)
a: because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or.
8: Amendments to principal Act in Schedule
1: The provisions of the principal Act specified in Part 1 spouse or partner
2: The provisions of the principal Act specified in Part 2 spouses or partners
3: The provisions of the principal Act specified in Part 3 spouse's or partner's


Interpretation Amendment Act 2005

1: Title
1: This Act is the Interpretation Amendment Act 2005.
2: In this Act, the Interpretation Act 1999 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Definitions
Section 29 consular officer de facto partner section 29A 1976 No 166 s 2C
4: New sections 29A and 29B inserted
The principal Act is amended by inserting, after section 29
29A: Meaning of de facto relationship
1: In an enactment, de facto relationship
a: live together as a couple in a relationship in the nature of marriage or civil union; and
b: are not married to, or in a civil union with, each other; and
c: are both aged 16 years or older.
2: Despite subsection (1) section 46A of the Care of Children Act 2004
3: In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to—
a: the context, or the purpose of the law, in which the question is to be determined; and
b: all the circumstances of the relationship.
4: A de facto relationship ends if—
a: the de facto partners cease to live together as a couple in a relationship in the nature of marriage or civil union; or
b: one of the de facto partners dies.
29B: Meaning of step-parent, etc
For the purposes of an enactment, the relationship of step-parent, stepson, stepdaughter, or any other relationship described by a word containing the prefix step


Life Insurance Amendment Act 2005

1: Title
1: This Act is the Life Insurance Amendment Act 2005.
2: In this Act, the Life Insurance Amendment Act 1920 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Application
The amendments to the principal Act in section 4
4: Reversion or vesting of policies assigned to husband or wife
1: Section 2 or wife , wife, civil union partner, de facto partner
2: - Section 2(1) policyholder, being a man, has assigned a policy on his own life to his wife, or, being a woman, has assigned a policy on her own life to her husband, and such wife or husband policyholder has assigned a policy on his or her own life to his or her wife or husband, civil union partner, or de facto partner and that wife or husband, civil union partner, or de facto partner
3: Section 2(1) husband or wife, civil union partner, or de facto partner,
4: Section 2(2) policyholder, being a man, has assigned a policy on his own life to his wife, or, being a woman, has assigned a policy on her own life to her husband, and such wife or husband policyholder has assigned a policy on his or her life to his or her wife or husband, civil union partner, or de facto partner, and that wife or husband, civil union partner, or de facto partner


Marriage Amendment Act 2005

1: Title
1: This Act is the Marriage Amendment Act 2005.
2: In this Act, the Marriage Act 1955 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Interpretation
Section 2(1) Minister minor .
4: Consent to marriage of minors
Section 18(1) and has not previously been married
5: Schedule 2 The Schedule 2
5: A man may not marry his—
1: Grandmother's civil union partner
2: Grandfather's civil union partner
3: ' Mother's civil union partner
4: Father's civil union partner
5: Son's civil union partner
6: Daughter's civil union partner
7: Grandson's civil union partner
8: Granddaughter's civil union partner
9: Civil union partner's grandmother
10: Civil union partner's mother
11: Civil union partner's daughter
12: Civil union partner's granddaughter.
6: A woman may not marry her—
1: Grandmother's civil union partner
2: Grandfather's civil union partner
3: Mother's civil union partner
4: Father's civil union partner
5: Son's civil union partner
6: Daughter's civil union partner
7: Granddaughter's civil union partner
8: Grandson's civil union partner
9: Civil union partner's grandfather
10: Civil union partner's father
11: Civil union partner's son
12: Civil union partner's grandson.
7: In this schedule, the term civil union partner means a former civil union partner whether he or she is alive or deceased, and whether the civil union was terminated by death or dissolution or otherwise.
8: In this schedule, a reference to a stepfather or stepmother is a reference to a relationship established by marriage.


Minors' Contracts Amendment Act 2005

1: Title
1: This Act is the Minors' Contracts Amendment Act 2005.
2: In this Act, the Minors' Contracts Act 1969 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Interpretation
1: Section 2(1) Court minor
2: Section 2 subsection (2)
4: Married minors
1: The principal Act is amended by repealing section 4
2: Section 66C Life Insurance Act 1908 subsection (5)
5: Contracts of minors of or over the age of 18 years, certain contracts concerning life insurance, and contracts of service
1: Section 5 Certain contracts concerning life insurance, and contracts of service
2: Section 5 subsection (1)(a)
6: Contracts of minors below the age of 18 years
1: Section 6 Contracts of minors
2: Section 6 subsection (1)
1: Subject to the provisions of this section, every contract (other than a contract to which paragraph (b) or paragraph (c) of subsection 5(1)
7: Settlement of claims by minors
1: Section 12(5) 20 18
2: Section 12(5) marrying or entering into a civil union or a de facto relationship
8: Agreements relating to trusts
Section 16(2) married , in a civil union, or in a de facto relationship


New Zealand Superannuation Amendment Act 2005

1: Title
1: This Act is the New Zealand Superannuation and Retirement Income
2: In this Act, the New Zealand Superannuation and Retirement Income the principal Act Subsections (1) (2) amended 21 April 2005 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 by inserting the words and Retirement Income New Zealand Superannuation
2: Commencement
1: Except as provided in subsection (2)
2: Section 4
3: Amendments to principal Act in
Schedule 1 The principal Act is amended in the manner set out in Schedule 1
4: Amendments to principal Act on 1 April 2007 in
Schedule 2 The principal Act is amended in the manner set out in Schedule 2


1: Title
1: This Act is the Parental Leave and Employment Protection Amendment Act 2005.
2: In this Act, the Parental Leave and Employment Protection Act 1987 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Interpretation
1: Section 2(1) parental leave partner spouse or partner .
2: Section 2(1) spouse spouse
4: Dismissal for cause not affected
Section 54 paragraph (a)
a: the pregnancy of the employee or the pregnancy of the employee's spouse or partner; or .
5: Overview
Section 71B(3) spouses or partners
6: Entitlement may be transferred to spouse
Section 71E(3) paragraph (a)
a: references in this Part to the employee's entitlement to a parental leave payment are references to the entitlement of the employee's spouse or partner to a parental leave payment; and .
7: Joint adoptions
Section 71H(1) spouses or partners
8: Amendments to principal Act in Schedule
The provisions of the principal Act specified in the Schedule are amended by inserting, after the word spouse or partner Parental Leave and Employment Protection Amendment Act 2004
9: Amendments to
Parental Leave and Employment Protection Amendment Act 2004
1: Section 4(1)(c) Parental Leave and Employment Protection Amendment Act 2004 spouse or partner
2: Section 26(1)(c) Parental Leave and Employment Protection Amendment Act 2004 spouse or partner


1: Title
1: This Act is the Property (Relationships) Amendment Act 2005.
2: In this Act, the Property (Relationships) Act 1976 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Amendments to principal Act in Schedule
1: The provisions of the principal Act specified in Part 1 de facto partners partners
2: The provisions of the principal Act specified in Part 2 de facto partner partner
3: The provisions of the principal Act specified in Part 3 marriage , civil union,
4: The provisions of the principal Act specified in Part 4


Real Estate Agents Amendment Act 2005

1: Title
1: This Act is the Real Estate Agents Amendment Act 2005.
2: In this Act, the Real Estate Agents Act 1976 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Application
1: The amendments to section 63 section 4
2: Subsection (1)
3: The amendment to section 82 section 5 section 82(6)
4: Purchase or lease by agent voidable
1: Section 63(1)(b) spouse , civil union partner, de facto partner,
2: Section 63(2)(b) spouse , civil union partner, de facto partner,
5: Claims against Fund
Section 82(6) spouse , civil union partner, or de facto partner


Social Security Amendment Act 2005

1: Title
1: This Act is the Social Security Amendment Act 2005.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
1: Except as provided in subsections (2) and (3), this Act comes into force on 26 April 2005.
2: Sections 5 6
3: Section 7
3: Amendments to principal Act in Schedule 1
The principal Act is amended in the manner set out in Schedule 1
4: Regulations relating to temporary additional support
1: Section 132AB(1) spouse or partner
2: Section 132AB(2) or partner
5: Amendments to principal Act on 1 April 2007 in Schedule 2
The principal Act is amended in the manner set out in Schedule 2
6: Transitional provision regarding relationships in the nature of marriage
1: For the purposes of sections 21 27A to 27H
a: a reference to a de facto relationship includes a relationship in the nature of marriage that was entered into at any time before 1 April 2007; and
b: a reference to a de facto partner includes a person who was a partner in any relationship in the nature of marriage referred to in paragraph (a).
2: Any relationship that was, immediately before the commencement of this section, regarded by the chief executive under section 63 section 5 Social Security (Long-term Residential Care) Amendment Act 2004
7: Amendments to Social Security (Long-term Residential Care) Amendment Act 2004
The Social Security (Long-term Residential Care) Amendment Act 2004 Schedule 3


Tax Administration Amendment Act 2005

1: Title
1: This Act is the Tax Administration Amendment Act 2005.
2: In this Act, the Tax Administration Act 1994 the principal Act
2: Commencement
1: Except as provided in subsection (2)
2: Section 3(2)
3: Amendments to principal Act in Schedule
1: The principal Act is amended in the manner set out in Part 1
2: The principal Act is amended in the manner set out in Part 2


Trustee Amendment Act 2005

1: Title
1: This Act is the Trustee Amendment Act 2005.
2: In this Act, the Trustee Act 1956 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Application
1: The amendments made to section 40(2) section 4 section 40
2: The amendments made to section 42(1)(b) section 5 section 42
4: Power to apply income for maintenance, etc, and to accumulate surplus income during a minority
1: The principal Act is amended by inserting in section 40(2)(a)(i) marries or enters into a civil union
2: The principal Act is amended by omitting from section 40(2)(a)(i) his marriage he or she marries or enters into a civil union
3: The principal Act is amended by omitting from section 40(2)(a) marriage marrying or entering into a civil union
5: Protective trusts
1: The principal Act is amended by omitting from section 42(1)(b)(i) or husband , husband, civil union partner, or de facto partner
2: The principal Act is amended by inserting in section 42(1)(b)(ii) husband or civil union partner or de facto partner


War Pensions Amendment Act 2005

1: Title
1: This Act is the War Pensions Amendment Act 2005.
2: In this Act, the War Pensions Act 1954 the principal Act
2: Commencement
1: Except as provided in subsection (2)
2: Section 5
3: Amendments to principal Act in
Schedule 1 The principal Act is amended in the manner set out in Schedule 1
4: Transitional provision regarding relationships
For the purposes of the principal Act (except Part 6 section 3 section 2(1) section 3 section 3
5: Amendments to principal Act on 1 April 2007 in
Schedule 2 The principal Act is amended in the manner set out in Schedule 2


Wills Amendment Act 2005

1: Title
1: This Act is the Wills Amendment Act 2005, and must, for the purposes of the law of New Zealand, be read together with the Wills Act 1837
2: In this Act, the Wills Act 1837 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Gifts to an attesting witness, or his or her wife or husband, to be void
For the purposes of the law of New Zealand,—
a: the heading of section 15 wife or husband wife, husband, civil union partner, or de facto partner
b: section 15 wife or husband wife, husband, civil union partner, or de facto partner
4: Creditor attesting a will charging estate with debts to be admitted a witness
For the purposes of the law of New Zealand, section 16 wife or husband wife, husband, civil union partner, or de facto partner Wills Amendment Act 1955
5: Modifications of principal Act in relation to wills of privileged persons
Section 7(1) Wills Amendment Act 1955 wife or husband wife, husband, civil union partner, or de facto partner Wills Amendment Act 1969
6: Wills of minors
1: Section 2(1) Wills Amendment Act 1969 his or her marriage he or she marries or enters into a civil union or a de facto relationship
2: Section 2(2) Wills Amendment Act 1969 married , in a civil union, or in a de facto relationship Wills Amendment Act 1977
7: Restriction on operation of
section 15
1: Section 3(1) Wills Amendment Act 1977 spouses , civil union partners, or de facto partners
2: Section 3(1) Wills Amendment Act 1977 spouse civil union partner, or de facto partner Savings provision
8: Savings provision
1: The principal Act applies to any will made before the date on which this Act comes into force as if this Act had not been enacted.
2: For the purposes of this section,—
a: if a will or any part of a will, is, by any codicil, confirmed or ratified or in any manner revived, it is deemed to have been made at the time when it was first made, and not at the time when it was confirmed or ratified, or revived:
b: if a will or any part of a will is re-executed, it is deemed to have been made at the time when it was re-executed, and not at the time when it was first made.


Animal Products Amendment Act 2005

1: Title
1: This Act is the Animal Products Amendment Act 2005.
2: In this Act, the Animal Products Act 1999 the principal Act
2: Commencement
This Act comes into force on 1 June 2005.
3: Title amended
The Title of the principal Act is amended by inserting, after the words Meat Act 1981 and the Dairy Industry Act 1952
4: General scheme of Act
Section 3(1)(d) subparagraphs (ii) (iii)
ii: where appropriate in the light of the requirements of foreign governments, specifying requirements which may be additional to domestic New Zealand requirements for certain products; and
iii: where appropriate, providing for the giving of official assurances to overseas authorities in relation to animal material or products exported from New Zealand.
5: Interpretation
1: Section 4(1) accredited person accredited risk management programme verifier accredited person recognised person accredited risk management programme verifier .
2: Section 4(1) contaminant dairy material
a: means animal material that is—
i: milk extracted from a milking animal; and
ii: any material derived or processed from milk extracted from a milking animal, up until delivery of the material at the place of sale for consumption or for end use for purposes other than consumption, or its export; and
b: includes dairy product that, having been purchased or imported, is further processed dairy processing
a: the extraction of milk from milking animals for the purposes of export or sale:
b: transport of dairy material from a farm dairy to a place where processing or manufacturing involving the dairy material occurs:
c: processing of dairy material, including heat treatment, cooling, separation, concentration, filtering, blending, and extraction of milk components:
d: the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code) or other dairy material to dairy material:
e: the manufacture of products, including milk, butter, cream, milk-fat products, cheese, processed cheese, whey cheese, dried milks, milk-based infant formula, evaporated milks, condensed milks, whey, whey powder, whey products, casein, milk protein products, ice-cream, low dairy fat ice-cream-like products, yoghurt, other fermented milks, dairy desserts, lactose, and colostrum products:
f: the packaging of dairy material:
g: the storage, transportation, and handling of dairy material prior to—
i: delivery of the material at the place of sale for consumption or for end use for purposes other than consumption; or
ii: its export:
h: further processing of dairy material that was previously dairy product with or without the addition of other material (including food, ingredients, additives, or processing aids as defined in the Food Standards Code), including reprocessing, repacking, reconstitution with water, and recombination of dairy products with or without water to make any dairy products dairy processor
a: includes—
i: a farm dairy operator:
ii: a transporter of dairy material from a farm dairy to a place of processing or manufacture:
iii: a transporter of dairy material from one place of processing or manufacture to another:
iv: an operator of any premises where dairy material is processed or manufactured or stored:
v: a transporter of dairy material to the place of export or sale for consumption or end use for purposes other than consumption:
b: does not include persons (such as airline or shipping staff, stevedores, retailers, or wholesalers) handling the relevant product at the port of export or at the place of sale for consumption or use dairy product
a: means animal product that, having originally been dairy material,—
i: has been delivered to the place of sale for consumption, or for end use for purposes other than consumption; or
ii: has left New Zealand's territorial waters in the course of its export; and
b: includes dairy produce Dairy Industry Act 1952 section 75 of the Animal Products (Ancillary and Transitional Provisions) Act 1999 .
3: Section 4(1) exporter farm dairy
a: subject to paragraph (b)
i: any stockyard, milking yard, feedyard, silo pad, or other construction associated with or involved in the activity of extracting milk from milking animals; and
ii: any place where milk from the milking animals is first collected, filtered, deposited, cooled, stored, or treated for transport or for further processing; but
b: does not include any place where any further processing takes place, or transport to that place farm dairy operator .
4: Section 4(1) food safety programme Food Standards Code section 11C of the Food Act 1981 .
5: Section 4(1) marae milk .
6: Section 4(1) primary processor
ca: is a dairy processor; or .
7: Section 4(1) recognised agency recognised person section 103 recognised risk management programme verifier section 103 .
8: The provisions of the principal Act specified in the Schedule of this Act are consequentially amended in the manner indicated in that schedule.
6: New section substituted
The principal Act is amended by repealing section 6
6: References to this Act include references to
Animal Products (Ancillary and Transitional Provisions) Act 1999 Except where the context otherwise requires,—
a: references to this Act Animal Products (Ancillary and Transitional Provisions) Act 1999
b: references in other Acts to this Act Animal Products (Ancillary and Transitional Provisions) Act 1999
7: Products and material excluded from ambit of Act
Section 8(1)(b) (2)
8: Who must have a risk management programme?
1: Section 13(1) under a registered risk management programme , whether as the registered holder of the programme or as a business to which the programme applies under section 17A
2: Section 13(3)
e: the processing of dairy material or dairy product that is not intended for human or animal consumption (subject to any order made under section 15 .
9: Certain persons may be required to have risk management programme by Order in Council
Section 15(1)
a: by inserting, after the words primary producer, dairy processor, primary producer
b: by inserting, after the expression (b), (c), (e),
10: Multi-business risk management programmes
1: Section 17A(2) ; and paragraph (c)
d: each person whose business or part-business is to be covered by the programme is aware of the implications for his or her business in the event of—
i: a suspension or deregistration of the programme; or
ii: the person whose programme it is ceasing to operate for any other reason.
2: Section 17A
5: The Director-General may decline his or her approval under this section if not satisfied that the operator of another business to which it is proposed that the programme apply is a fit and proper person to operate an animal product business, taking into account whether the operator or any directors or managers of the business concerned have been convicted, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act.
11: Applications for registration of programmes
1: Section 20(2)(b) a copy subject to subsection (3)
2: Section 20
3: The Director-General may waive or modify the requirement to provide a copy of an independent evaluation report if—
a: the risk management programme is fully based on a template, model, or code of practice approved under section 12(3A)
b: the risk management programme is a multi-business risk management programme approved by the Director-General in accordance with section 17A
c: the risks to human or animal health are negligible, and the Director-General is satisfied that the nature of the business does not require an independent evaluation report to ensure validity in terms of sections 12 and 17
12: Registration of risk management programme
1: Section 22 subsection (1)
1A: Nothing in subsection (1) section 17A
2: Section 22 subsection (3)
3A: The Director-General may, at any time during the 12-month period following the commencement of operations under a registered risk management programme, by written notice to the operator concerned, impose further conditions as if they were imposed on registration under subsection (2)
13: New section substituted
The principal Act is amended by repealing section 47
47: Object of this Part
The object of this Part is to facilitate sustainable international trade in animal material and animal products from New Zealand by—
a: providing for the specifying of requirements that must be met in relation to all or any classes or descriptions of animal material or animal products for them to be eligible for export; and
b: providing for requirements and systems intended to safeguard official assurances provided by New Zealand in respect of animal material and animal products; and
c: providing for the registration of exporters of animal material and animal products, where appropriate.
14: Exporters of animal products for human or animal consumption, and certain other animal material and products, must be registered
1: Section 48(1)(b) subparagraph (i)
b: the animal material or product or consignment or person concerned is exempted from the requirements of this section— .
2: Section 48(2)
b: all animal material or products in respect of which—
i: requirements are notified or made available under section 60A
ii: an official assurance is required: .
15: Duties of exporters
1: Section 51(b)
ii: any relevant requirements pertaining to exports notified or made available under section 60A .
2: Section 51(c)
iii: do not or no longer meet relevant requirements notified or made available under section 60A .
16: Director-General to maintain register of exporters
Section 52(2)(b)
i: advise exporters of export requirements; and .
17: New sections and heading substituted
The principal Act is amended by repealing sections 59A 60 61 sections 59A 60 Export requirements and official assurances
60: Export requirements
1: The Director-General may, by notice issued under this section, specify requirements in relation to all or any class or description of animal material or animal product intended for export, if the Director-General is satisfied that the setting of the requirements—
a: is necessary or desirable for the purpose of facilitating access to overseas markets; or
b: is in accordance with the requirements of the relevant authority of the importing country, or can reasonably be expected to satisfy the requirements of the relevant authority of the importing country; or
c: is necessary or desirable to safeguard assurances provided by New Zealand.
2: In specifying requirements under subsection (1)
3: Requirements specified under subsection (1)
60A: Director-General to notify or make available export requirements
1: The Director-General must—
a: either notify or ensure that there is made available to registered exporters any export requirements specified under section 60
b: make those requirements available for inspection free of charge, or for purchase at reasonable cost, to such exporters, operators of risk management programmes, and other persons as are affected by the requirements.
2: Nothing in subsection (1)
a: charging for access to any website, or for information or services provided by any website; or
b: in the case of export requirements that are commercially sensitive, limiting access to those requirements to persons who satisfy the Director-General that their specific export or processing activities cannot be properly undertaken under this Act unless they have that access.
60B: Exemption from requirements of food standards where appropriate
1: The Director-General may, by notice under section 167
a: exempt from the requirements of any food standards issued under Part 2A of the Food Act 1981 section 167 of this Act
b: exempt from the requirements of any such food standards that apply only in New Zealand any 1 or more classes or descriptions of animal material or animal product that is intended for export to Australia.
2: Regulations made under section 166 subsection (1)(a) or (b)
61: Director-General may issue official assurances
1: The Director-General, or a person authorised by the Director-General under section 65
2: Without limiting the matters to which an official assurance may apply, an official assurance is a general statement to a foreign government, or an agent of a foreign government, attesting that, as appropriate, any 1 or more of the following applies in respect of any animal material or animal product:
a: any specified process has been completed under this Act with respect to the animal material or product concerned:
b: the animal product concerned meets the applicable animal product standards set under this Act:
c: any requirements specified by notice under section 60A
d: the situation in New Zealand, in relation to any matter concerning animal material or animal products, is as stated in the assurance.
3: An official assurance is not a guarantee that the contents of all or any particular consignment of animal material or animal products to which it relates—
a: necessarily meet the commercial requirements of the importer; or
b: are fit for consumption or use no matter what the status or description of the consumer or user, or what has happened to the consignment or what has been its treatment since it left New Zealand; or
c: are fit for consumption or use for a purpose other than that for which they were intended.
61A: No Crown liability
The Crown is not liable, and nor is the Director-General or any employee of the Ministry liable, for any loss arising through the refusal or failure of the relevant authority of an overseas market to admit export animal material or animal product to that market.
18: Power to direct disposal, etc, of animal material or product in certain circumstances
Section 82(1) ; or paragraph (d)
e: suspends an operation subject to a regulated control scheme, or deregisters or accepts deregistration of an operator or operation that is subject to a regulated control scheme, as is provided for in the relevant regulations.
19: Director-General may give statements as to New Zealand animal product standard
Section 83(1) under a risk management programme or regulated control scheme (or both) to the relevant New Zealand animal product standard for its intended purpose in accordance with any applicable requirements of this Act to the relevant animal product standard
20: Power to examine, etc
Section 88(1)(b)(i) copying them , or require the person having control of the documents or other records to forward them or a copy of them to the officer by way of post, courier post, fax, or other means acceptable to the officer
21: Conditions of recognition or accreditation
Section 105(2) activities verification
22: New section inserted
The principal Act is amended by inserting, after section 108
108A: Suspension of recognition
1: The Director-General may at any time, by notice in writing to a recognised agency or recognised person, suspend the recognition for a period not exceeding 3 months if the Director-General has reasonable grounds to believe that the performance of the agency or person is unsatisfactory having regard to the requirements of the position.
2: The Director-General may impose conditions or requirements that must be satisfied if the suspension is to be lifted.
3: If the Director-General considers that conditions or requirements have not been satisfied within the suspension period, the Director-General may, by notice in writing, extend the suspension for a further period not exceeding 3 months.
4: Where the Director-General suspends recognition under this section or extends a period of suspension, the notice of suspension or extension must specify—
a: the reason for the suspension or extension:
b: the period of the suspension or extension:
c: the date and time the suspension or extension commences:
d: the functions and activities that the suspension or extension relates to:
e: any conditions or requirements to be met before or during the suspension.
5: The Director-General must notify—
a: the relevant recognised agency of any suspension of recognition of a person for whom the agency is responsible:
b: any relevant recognised person of the suspension of recognition of an agency with which the person is associated.
6: The Director-General may notify any suspension under this section in the Gazette
7: A suspension under this section does not affect any other actions that the Director-General may take under this Act.
8: The Director-General may direct the agency or person the subject of a suspension under this section to take appropriate action to remedy the deficiency or failure that gave rise to the suspension.
9: If a person acting under the delegated authority of the Director-General suspends any recognition of a person or agency under this section, the person or agency concerned may seek a review of the decision under section 162
23: Evidence in proceedings
Section 140(1)(a)
iia: any matter was or was not recorded on the risk management programme register; or .
24: Disclosure of information for purpose of ensuring product safety, etc
Section 161(5)(a)
a: by repealing subparagraph (ii)
b: by inserting, after subparagraph (iv)
iva: the Marine Farming Act 1971
ivb: the Testing Laboratory Registration Act 1972 .
c: by inserting, after subparagraph (viii)
viiia: the Animal Identification Act 1993
viiib: the Hazardous Substances and New Organisms Act 1996 .
d: by inserting, after subparagraph (xia)
xib: the Dairy Industry Restructuring Act 2001 .
25: Right of review of certain decisions made under delegated authority
Section 162(1) paragraph (d)
d: a decision to suspend or withdraw recognition of a person or agency under section 108A or section 109 .
26: Notices
Section 167(1) paragraph (ja)
jb: notifying any exemption under section 60B .
27: Repeals, amendments, and transitional provisions appear in
Animal Products (Ancillary and Transitional Provisions) Act 1999
1: Section 169(1)
e: repeal of the Dairy Industry Act 1952 Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
2: Section 169(2) Apiaries Act 1969 and (with effect on the commencement of the Animal Products Amendment Act 2005) the Dairy Industry Act 1952


1: Title
1: This Act is the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005.
2: In this Act, the Animal Products (Ancillary and Transitional Provisions) Act 1999 the principal Act
2: Commencement
1: This Act comes into force on 1 June 2005, except for section 11(1)(e)
2: Section 11(1)(e)
3: Title amended
The Title of the principal Act is amended by inserting, after paragraph (b)
ba: repeal the Dairy Industry Act 1952 .
4: Interpretation
1: Section 4(1) existing business existing business existing animal product business
a: means a business that was operating as an animal product business as at—
i: the commencement of the Animal Products Amendment Act 2005
ii: the commencement of Part 2 Animal Products Act 1999
b: does not include any business or operation referred to in paragraphs (a) to (c) new business
2: The definition of new business section 4(1)
a: by inserting, after the words Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005
b: by inserting in paragraph (c) Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005
5: Existing businesses to register risk management programme by relevant staggered transition date
Section 9(1)(c)
iia: all renderers to whom paragraph (b)(iii)
iii: all petfood processors (whether or not licensed under section 20(1)(b) of the Meat Act 1981 .
6: New businesses
Section 11 Animal Products Act 1999 (or the date of commencement of the Animal Products Amendment Act 2005
7: Interpretation
Section 61(1) a person recognised or
8: New
Part 6 The principal Act is amended by inserting, after section 74
6: Dairy products
75: Repeal of
Dairy Industry Act 1952 The Dairy Industry Act 1952
76: Regulations revoked
The following regulations are revoked:
a: the Dairy Industry Regulations 1990 (SR 1990/290)
b: the Dairy Industry (Fees) Regulations 2000 (SR 2000/89)
c: the Dairy Industry (Food Act 1981) Exemption Order 1996 (SR 1996/200)
d: the Dairy Industry (Exporter Registration) Regulations 2002 (SR 2002/121)
77: Regulations continued in force
1: The following regulations continue in force as if they were a regulated control scheme made by regulations under the Animal Products Act 1999 Schedule 6
a: the Dairy Industry (IMA Certification) Regulations 2000 (SR 2000/116)
b: the Dairy Industry (National Residue Monitoring Programme) Regulations 2002 (SR 2002/139)
2: Any criteria set out in circulars promulgated under regulation 17 of the Dairy Industry (IMA Certification) Regulations 2000
a: are deemed to be specifications set by the Director-General under section 45 of the Animal Products Act 1999
b: continue in force accordingly, and may be amended or revoked by the Director-General by notice under section 167 of that Act
78: Product safety programmes deemed to be risk management programmes
1: All product safety programmes that, immediately before the commencement of the Animal Products Amendment Act 2005 Dairy Industry Regulations 1990 Part 2 of the Animal Products Act 1999
2: The operator of any such programme must, by 1 December 2005, notify the Director-General of the particulars specified in section 19 of the Animal Products Act 1999
3: Where a completed application for approval of a product safety programme under the Dairy Industry Regulations 1990 Animal Products Amendment Act 2005
a: the Director-General must process that application as if the Dairy Industry Regulations 1990
b: if the product safety programme is approved by the Director-General, it is, on approval, deemed to be a risk management programme registered under Part 2 of the Animal Products Act 1999
c: nothing in this section requires the Director-General to approve the product safety programme if the application was not properly submitted in accordance with the Dairy Industry Regulations 1990
4: If an application for approval of a product safety programme to which subsection (3)
a: the Director-General may treat it as an application for registration of a risk management programme under section 20 of the Animal Products Act 1999
b: the provisions of Part 2 of that Act
5: Any conditions or directions or instructions imposed or given under the Dairy Industry Act 1952 Animal Products Act 1999
79: Transition period for dairy businesses without product safety programmes
1: Nothing in the Animal Products Act 1999 Animal Products Amendment Act 2005 Dairy Industry Regulations 1990
2: In the case of relevant operations carried out on premises registered under the Dairy Industry Regulations 1990
a: the Dairy Industry Act 1952 section 75
i: the definition of inspector in section 2 of the Dairy Industry Act 1952
ii: sections 26, 26A, and 27 of that Act
b: the following regulations, as if they had not been revoked by section 76
i: regulations 2, 3, 13, 20 to 24, 35, 38 to 41, 46 to 48, 51 to 58, 60, and 61 of the Dairy Industry Regulations 1990
ii: the Dairy Industry (Fees) Regulations 2000
c: the Dairy Industry (National Residues Monitoring Programme) Regulations 2002
3: In the case of relevant operations that were not carried out on premises registered under the Dairy Industry Regulations 1990 Food Hygiene Regulations 1974 section 11 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005
a: the date a risk management programme is registered or a food safety programme is approved in respect of those operations; and
b: the close of 31 May 2006.
4: To avoid doubt,—
a: all dairy material or dairy product exported to a destination other than Australia must be processed under—
i: a risk management programme registered under the Animal Products Act 1999 Dairy Industry Regulations 1990
ii: an exemption under section 9 of the Animal Products Act 1999
b: dairy material or dairy product exported to Australia must be processed under such a risk management programme or product safety programme only if there are Australian market access requirements that are in excess of those applicable to the relevant material or product for the New Zealand domestic market.
5: Without limiting the generality of section 84 of this Act section 166 of the Animal Products Act 1999 Dairy Industry Act 1952 Dairy Industry Regulations 1990
a: are not to apply, in all or in any specified cases; or
b: are to apply subject to the modifications specified in the regulations.
80: Application for registration should be made at least 3 months before 1 June 2006
1: Where a person or business to which section 79
2: Nothing in subsection (1)
a: the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999
b: any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.
81: Existing exporters
All persons who, immediately before the commencement of the Animal Products Amendment Act 2005 Dairy Industry (Exporter Registration) Regulations 2002 section 55 of the Animal Products Act 1999
82: Transition period for producers of animal feeds from dairy material
1: Nothing in the Animal Products Act 1999 subsection (2)
2: If the export of any animal feed from dairy material requires an official assurance, however, the official assurance may be given only if the relevant operations were carried out under a registered risk management programme.
83: Equivalence of material and product produced under previous dairy regime
For the purposes of the Animal Products Act 1999 sections 75 to 77 Parts 2 to 4 of the Animal Products Act 1999
84: Regulations
Without limiting the generality of section 166 of the Animal Products Act 1999 Animal Products Amendment Act 2005
9: New
Schedule 6 The principal Act is amended by adding the Schedule 6 Schedule 1
10: Food Act 1981
1: Section 8AA(1) Food Act 1981 paragraph (b)
ba: dairy processors (as defined in section 4(1) of the Animal Products Act 1999 .
2: Section 11A(1) Food Act 1981 subsection (2) subsections (2) and (3)
3: Section 11A Food Act 1981 subsection (3)
3: A milk producer may sell raw milk to a dairy processor (as defined in section 4(1) of the Animal Products Act 1999
a: purchases the milk for processing for sale or export; and
b: is a person who—
i: carries out the processing under a risk management programme registered (or deemed to be registered) under the Animal Products Act 1999 section 4(1) of that Act
ii: carries out processing of a kind that is exempt under section 9 of that Act
iii: is a person or business who, by section 79 of the Animal Products (Ancillary and Transitional Provisions) Act 1999
4: This section is subject to section 9
11: Order and regulations amended
1: The following order and regulations are amended in the manner indicated in Schedule 2
a: the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 (SR 2000/208)
b: the Animal Products (Exemptions and Inclusions) Order 2000
c: the Animal Products (Fees, Charges, and Levies) Regulations 2002 (SR 2002/138)
d: the Animal Products Regulations 2000
e: the Food Hygiene Regulations 1974
2: Subsection (1)(e)