1: Title
This Act is the Local Government Act 2002 Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Local Government Act 2002
3: Principal Act
This Act amends the Local Government Act 2002 principal Act 2019-10-22 Local Government Act 2002
4: Section 5 amended (Interpretation)
1: In section 5(1) discretionary function permanent committee reorganisation implementation scheme reorganisation plan
2: In section 5(1) unitary authority reorganisation scheme reorganisation plan
5: Section 6 amended (Meaning of council-controlled organisation and council organisation)
Replace section 6(3)(c)
c: shareholders include any persons with an interest or right in the entity that is comparable to the rights of a shareholder in a company, for example, partners, joint venture partners, members, or other persons holding equity securities in relation to that organisation; and
6: Section 16 amended (Significant new activities proposed by regional council)
1: In section 16(1)(c)(ii) or their annual plans
2: In section 16(8)(d) application
3: In section 16(9) affected territorial authority or annual plan
4: In section 16(9) annual plan
7: Section 17 amended (Transfer of responsibilities)
1: After section 17(3)
3A: The terms and conditions agreed under subsection (3) must ensure effective provision for any affected co-governance or co-management arrangements that are established by legislation (including Treaty of Waitangi claim settlement legislation) and that are between local authorities and iwi or Māori organisations.
2: After section 17(4)
4A: In assessing, for the purposes of subsection (4), the benefits and negative impacts of a proposed transfer, a local authority must have regard to the following matters:
a: whether the transfer will promote—
i: better fulfilment of the purpose of local government:
ii: productivity improvements within local authorities and districts or regions:
iii: efficiencies and cost savings:
iv: assurance that the local authorities concerned have the resources necessary to enable them to effectively perform or exercise their responsibilities, duties, and powers:
v: effective responses to the opportunities, needs, and circumstances of the affected area:
vi: enhanced effectiveness, efficiency, and sustainability of local government services:
vii: better support for the ability of local and regional economies to develop and prosper:
viii: enhanced ability of local government to meet the changing needs of communities for governance and services into the future:
b: the scale and probability of the potential benefits of the transfer to users of local government services:
c: the financial, disruption, and opportunity costs of implementing the proposed transfer at the proposed time:
d: the consequences and risks of not implementing the proposed transfer at the proposed time:
e: existing communities of interest, and the extent to which the proposed transfer will maintain linkages between communities (including iwi and hapū) and sites and resources of significance to them.
3: Replace section 17(8)
8: In this section, responsibility
a: means any responsibility, duty, or legal obligation (including a responsibility, duty, or legal obligation that has previously been transferred under this section and a discretionary function), and any powers associated with that responsibility, duty, or legal obligation; but
b: does not include a responsibility, duty, or legal obligation conferred by or under any other Act, unless that Act provides that the responsibility, duty, or legal obligation may be transferred in accordance with this section.
8: Section 24AA replaced (Purpose of local government reorganisation)
Replace section 24AA
24AA: Purpose of local government reorganisation provisions
The purpose of the local government reorganisation provisions of this Act is to promote good local government by enabling and facilitating improvements to local governance.
9: Section 24 replaced (Scope of local government reorganisation)
Replace section 24
24: Scope of local government reorganisation
1: Local government reorganisation may provide for 1 or more of the following matters:
a: the union of districts or regions:
b: the constitution of a new district or region, including the constitution of a new local authority for that district or region:
c: the abolition of a district or region, including the dissolution or abolition of the local authority for that district or region:
d: the alteration of the boundaries of any district or region:
e: the transfer from one local authority to another of—
i: a responsibility, duty, or power conferred by an enactment; or
ii: a discretionary function:
f: the assumption by a territorial authority of the responsibilities, duties, and powers of a regional council as a unitary authority:
g: the performance and exercise by a local authority of both—
i: the responsibilities, duties, and powers of a regional council in respect of a region; and
ii: the responsibilities, duties, and powers of a territorial authority in respect of a district that constitutes a part only of that region:
h: the establishment of 1 or more joint committees and the delegation of responsibilities, duties, and powers to those committees:
i: the establishment of a local board area, including the establishment of a local board for that area:
j: in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009,—
i: the means by which the chairperson is elected; and
ii: whether the local board may include appointed members:
k: the abolition of a local board area:
l: the alteration of the boundaries of a local board area:
m: the union of 2 or more local board areas.
2: Schedule 3 applies in relation to local government reorganisation.
10: Section 24A amended (Transitional modification or suspension of certain statutory requirements after issue of final proposal for reorganisation)
1: In the heading to section 24A final proposal for reorganisation reorganisation plan
2: Replace section 24A(1)
1: The purpose of this section is to authorise the extension or postponement of certain statutory requirements after public notice of a reorganisation plan is given under clause 13 of Schedule 3
3: Replace section 24A(2)
2: This section applies to a reorganisation plan only if the plan provides for any of the matters specified in clause 23(1) of Schedule 3
4: In section 24A(6) specified period specified period
a: beginning on the date on which public notice is given of the reorganisation plan under clause 13 of Schedule 3
b: ending on the close of the date that is 6 months after the date on which that public notice is given.
11: Section 25 replaced (Order in Council to give effect to final proposals and reorganisation schemes)
Replace section 25
25: Order in Council to give effect to reorganisation plan
1: A reorganisation plan to which clause 22C(5)
a: is given effect to by Order in Council made on the recommendation of the Minister; and
b: has effect on and from the date or dates specified for that purpose by that Order in Council (as required by subsection (3)(a)
2: The Minister must recommend the making of an Order in Council under subsection (1)
a: the process followed in developing the reorganisation plan was not in accordance with the requirements of this Act; or
b: the development of the reorganisation plan failed to give proper weight to the relevant principles, considerations, and criteria set out in this Act.
3: An Order in Council made under subsection (1)
a: must specify the date or dates on which its provisions come into effect; and
b: must establish and provide for 1 or more transition bodies in accordance with—
i: clauses 33 to 40 of Schedule 3; and
ii: the provisions in the reorganisation plan relating to transitional matters; and
c: may, with the agreement of the Commission, suspend any statutory requirement that an affected local authority would otherwise be subject to if the reorganisation would make compliance with the statutory requirement unnecessary or inappropriate.
4: An Order in Council made under subsection (1)
5: An Order in Council giving effect to a reorganisation plan is not invalid merely because it is inconsistent with the provisions of the reorganisation plan if the inconsistency relates to—
a: corrections of clerical, grammatical, or typographical errors; or
b: the inclusion of provisions that are necessary to give legal effect to the reorganisation plan; or
c: the omission of explanatory material or other material that is not necessary to give legal effect to the reorganisation plan; or
d: matters of a format or referential nature that do not alter the substance or effect of the reorganisation plan.
25A: Order in Council to give effect to reorganisation implementation scheme
1: A reorganisation implementation scheme prepared and issued under clause 41(2) of Schedule 3—
a: is given effect to by Order in Council made on the recommendation of the Minister; and
b: has effect on and from the date or dates specified for that purpose by that Order in Council (as required by subsection (2)(a)
2: An Order in Council made under subsection (1)
a: the date or dates on which its provisions come into effect; and
b: the date on which the local government reorganisation described in the order takes effect (the implementation date
3: An Order in Council giving effect to a reorganisation implementation scheme is not invalid merely because it is inconsistent with the provisions of the reorganisation plan or the reorganisation implementation scheme if the inconsistency relates to—
a: corrections of clerical, grammatical, or typographical errors; or
b: the inclusion of provisions that are necessary to give legal effect to the reorganisation implementation scheme; or
c: the omission of explanatory material or other material that is not necessary to give legal effect to the reorganisation implementation scheme; or
d: matters of a format or referential nature that do not alter the substance or effect of the reorganisation implementation scheme.
4: If a reorganisation implementation scheme does not specifically provide for a matter that the Secretary considers to be necessary, desirable, or incidental as a consequence of the scheme,—
a: the Secretary must consult the Commission, and each affected local authority, about the inclusion of the matter in the Order in Council under subsection (1)
b: the matter may be included in the Order in Council if the Minister considers the inclusion is appropriate.
5: Clauses 45 and 46 of Schedule 3 apply in respect of each reorganisation implementation scheme that is given effect to by Order in Council, except to the extent that the Order in Council provides that the clauses are—
a: amended in their application; or
b: declared not to apply.
6: Clauses 47 to 60A
12: Section 26 replaced (Power to amend reorganisation schemes)
Replace section 26
26: Power to amend reorganisation plans and reorganisation implementation schemes
1: A reorganisation plan may be amended by a further reorganisation plan that is developed and adopted in accordance with this Act and that is given effect by an Order in Council under section 25
2: A reorganisation implementation scheme may be amended by a further reorganisation implementation scheme that is developed and adopted in accordance with this Act and that is given effect by an Order in Council under section 25A
13: Section 26A amended (Duties of local authorities in relation to local government reorganisation)
1: In section 26A(2) proposed reorganisation or to the development of a reorganisation scheme reorganisation investigation or to the development of a reorganisation implementation scheme
2: In section 26A(3) final proposal reorganisation plan
3: In section 26A(4)(a) final proposal reorganisation plan
4: After section 26A(4)
5: A local authority that receives a report or recommendation from the Commission under clause 9 of Schedule 3
a: make the report or recommendation publicly available; and
b: consider and respond to the Commission in relation to the report or recommendation; and
c: make the response publicly available.
6: A local authority must comply with subsection (5)
a: within 30 working days after receiving the report or recommendation; or
b: by a later date specified by the Commission in the report or recommendation.
7: Nothing in this section requires a local authority to make publicly accessible any information that may be properly withheld if a request for that information were made under the Local Government Official Information and Meetings Act 1987.
14: Section 27 amended (Application to be called city council or district council)
In section 27(1) , instead of making a reorganisation application under Schedule 3,
15: Section 29 amended (Commission is body corporate with full powers)
After section 29(2)
3: The Commission is a public office for the purposes of the Public Records Act 2005.
16: Section 31 amended (Report to Minister on matters relating to local government)
Repeal section 31(1A)
17: Section 31A amended (Minister’s expectations of Commission in relation to local government reorganisation)
1: In section 31A(1), (3), (4)(a) and (b), and (5) measures and
2: After section 31A(1)
1A: The Minister must state in the notice the Minister’s objectives in respect of the expectations specified in the notice.
18: Section 33 amended (Membership of Commission)
1: In section 33(1) 3 members a minimum of 1 member and a maximum of 3 members
2: Replace section 33(2)
2: If the Commission consists of 2 members or 3 members,—
a: 1 member—
i: must have a knowledge of tikanga Māori; and
ii: must be appointed by the Minister after consultation with the Minister for Māori Development; and
b: 1 member—
i: must have experience as an elected member or the chief executive of a local authority; and
ii: must be appointed by the Minister after consultation with the New Zealand Local Government Association Incorporated.
2A: If the Commission consists of 1 member, that member must be appointed by the Minister, who must—
a: take into consideration whether the member has a knowledge of tikanga Māori or experience as an elected member or the chief executive of a local authority; and
b: consult with—
i: the Minister for Māori Development; and
ii: the New Zealand Local Government Association Incorporated.
19: Section 34 replaced (Commission is Commission of Inquiry)
Replace section 34
34: Additional powers of Commission
1: For the purposes of performing its functions under this Act, the Commission—
a: has the powers of the District Court exercising its civil jurisdiction in respect of citing parties and conducting and maintaining order at any meeting or hearing; and
b: is to be treated as an inquiry for the purposes of sections 14, 19 to 27, 29, 30, and 34 of the Inquiries Act 2013.
2: The chairperson of the Commission, or any other person (being a member of the Commission or an officer of the Public Service) acting by direction or with the authority of the chairperson, may do any act preliminary or incidental to the investigation or consideration of any matter by the Commission.
20: New section 35A inserted (Application of Official Information Act 1982)
After section 35
35A: Application of Official Information Act 1982
1: This section applies to information created or received by the Commission in the course of—
a: the consideration of any matter under section 31:
b: a reorganisation investigation under Part 1 of Schedule 3
c: the review of a local authority-led reorganisation application under clause 22C of Schedule 3
d: the resolution of a dispute by the Commission under this Act or another enactment:
e: the determination of an appeal or objection under section 19R of the Local Electoral Act 2001.
2: Information to which this section applies is not official information for the purposes of the Official Information Act 1982 until the consideration, investigation, resolution, review, or determination has been completed.
21: Section 57 amended (Appointment of directors)
After section 57(2)
3: When identifying the skills, knowledge, and experience required of directors of a council-controlled organisation, the local authority must consider whether knowledge of tikanga Māori may be relevant to the governance of that council-controlled organisation.
22: New section 60A inserted (Significant decisions of council-controlled organisations affecting land or water)
After section 60
60A: Significant decisions of council-controlled organisations affecting land or water
Before a council-controlled organisation makes a decision that may significantly affect land or a body of water, it must take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga.
23: Section 64 and cross-heading replaced
Replace section 64 Council-controlled organisation planning
64: Statements of intent for council-controlled organisations
1: Every council-controlled organisation must prepare and adopt a statement of intent in accordance with Part 1 of Schedule 8
2: The purpose of a statement of intent is to—
a: state publicly the activities and intentions of the council-controlled organisation for the year and the objectives to which those activities will contribute; and
b: provide an opportunity for shareholders to influence the direction of the organisation; and
c: provide a basis for the accountability of the directors to their shareholders for the performance of the organisation.
3: The statement of intent—
a: must not be inconsistent with the constitution of the council-controlled organisation; and
b: may include and apply to 2 or more related council-controlled organisations.
4: Every statement of intent of a council-controlled organisation must comply with Part 2 of Schedule 8
5: Every statement of intent of a council-controlled trading organisation must comply with Part 3 of Schedule 8
6: Every statement of intent of a council-controlled organisation that is not a council-controlled trading organisation must comply with Part 4 of Schedule 8
7: All information that is included in a statement of intent under this section must be prepared in accordance with generally accepted accounting practice if that information is of a form or nature for which generally accepted accounting practice has developed standards.
8: Despite this section, an organisation that becomes a council-controlled organisation not more than 6 months before the end of a financial year is not required to prepare a statement of intent for that financial year.
9: Each shareholding local authority must publish the adopted statement of intent on an Internet site maintained by or on behalf of the local authority within 1 month of adopting it, and must maintain the statement on that site for a period of no less than 7 years.
10: A failure by a council-controlled organisation to comply with any requirement of this section, or with any statement in the organisation’s statement of intent, does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by that organisation.
64A: Shareholders may require additional plans
1: The shareholders of a council-controlled organisation may require the organisation to prepare and deliver additional plans, including—
a: an asset management plan:
b: a long-term plan:
c: 1 or more thematic plans (for example, a climate change mitigation plan).
2: A requirement to provide a plan must be notified to the council-controlled organisation in writing and must specify—
a: the date by which the plan must be delivered to the shareholders; and
b: the matters to be addressed in the plan; and
c: the time period that the plan is to cover.
3: A requirement to provide a plan may also specify a date or dates by which, or intervals at which, the organisation must report on its progress against the plan.
4: The board of a council-controlled organisation must deliver plans, and reports against those plans, in accordance with the terms of the requirement.
64B: Statement of expectations
1: The shareholders in a council-controlled organisation may prepare a statement of expectations that—
a: specifies how the organisation is to conduct its relationships with—
i: shareholding local authorities; and
ii: the communities of those local authorities, including any specified stakeholders within those communities; and
iii: iwi, hapū, and other Māori organisations; and
b: requires the organisation to act consistently with—
i: the statutory obligations of the shareholding local authorities; and
ii: the shareholders’ obligations pursuant to agreements with third parties (including with iwi, hapū, or other Māori organisations).
2: A statement of expectations may include other shareholder expectations, such as expectations in relation to community engagement and collaboration with shareholders and others in the delivery of services.
3: A statement of expectations must be published on an Internet site maintained by or on behalf of each local authority that is a shareholder of the organisation.
24: Section 66 replaced (Half-yearly report)
Replace section 66
66: Half-yearly or quarterly reports
1: During each financial year, the board of a council-controlled organisation must report on the organisation’s operations to—
a: its shareholders; and
b: in the case of an organisation that is indirectly controlled by 1 or more local authorities (for example, a subsidiary of a holding company owned by a local authority), to each local authority that indirectly controls the organisation.
2: A half-yearly report must be delivered within 2 months after the end of the first half of each financial year.
3: If the shareholders of the council-controlled organisation notify the organisation that they require quarterly reporting, quarterly reports must also be delivered within 2 months after the end of the first and third quarters of each financial year.
4: Each report must include the information required to be included by the council-controlled organisation’s statement of intent.
5: Each local authority that receives a report under this section must publish the report on an Internet site maintained by or on behalf of the local authority within 1 month of receiving it and must maintain the report on that site for a period of no less than 7 years. 1974 No 66 s 594Z
25: Section 67 amended (Annual report)
1: Replace section 67(1)
1: Within 3 months after the end of each financial year, the board of a council-controlled organisation must—
a: complete a report on the organisation’s operations during that year; and
b: deliver the report to its shareholders and, in the case of an organisation that is indirectly controlled by 1 or more local authorities (for example, a subsidiary of a holding company owned by a local authority), to each local authority that indirectly controls the organisation; and
c: make the report available to the public.
2: After section 67(2)
3: If a council-controlled organisation has undertaken to obtain or has obtained compensation from its shareholders in respect of any activity, the undertaking or the amount of compensation obtained must be recorded in the annual report of the council-controlled organisation.
4: Each local authority that receives an annual report under this section must publish the annual report on an Internet site maintained by or on behalf of the local authority within 1 month of receiving it, and must maintain the report on that site for a period of no less than 7 years.
26: Section 71 amended (Protection from disclosure of sensitive information)
In section 71 or half-yearly report half-yearly report, or quarterly report
27: Section 71A amended (Application of Part to listed companies)
In section 71A(2)(b) half-yearly report or quarterly report
28: Section 97 amended (Certain decisions to be taken only if provided for in long-term plan)
Replace section 97(3)
3: Nothing in this section applies to a decision of a local authority—
a: to adopt a local authority-led reorganisation plan under clause 22A of Schedule 3
b: that is required in order to implement a reorganisation in accordance with an Order in Council under section 25 or 25A
c: to fund a capital project by lump sum contributions, if the local authority has complied with section 117B(3)(c)(i) of the Local Government (Rating) Act 2002.
29: Section 259 amended (Regulations)
In section 259(1)(d) petitions and polls in relation to final proposals for local government reorganisation polls in relation to reorganisation plans
30: Schedule 1AA amended
In Schedule 1AA, after clause 15 Part 3 Schedule 1
31: Schedule 3 amended
Amend Schedule 3 Schedule 2
32: Schedule 4 amended
Amend Schedule 4 Schedule 3
33: Schedule 5 amended
In Schedule 5, clause 1(2)(b) section 10 of the Commissions of Inquiry Act 1908 section 34 of the Inquiries Act 2013
34: Schedule 7 amended
1: In Schedule 7, repeal clause 6(8)
2: In Schedule 7, after clause 30A(6)
6A: For the purposes of subclause (6)(b), a mayor who is a member of the committee solely by operation of section 41A(5) is not counted as a member of the committee for the purposes of determining—
a: the number of members required to constitute a quorum; or
b: whether a quorum exists at a meeting.
3: In Schedule 7, clause 30A(7) this clause subclauses (1) to (4)
35: Schedule 8 replaced
Replace Schedule 8 Schedule 8 Schedule 4
36: Schedule 10 amended
Amend Schedule 10 Schedule 5
2: Amendments to other enactments
Amendment to Land Transport Act 1998
37: Amendment to Land Transport Act 1998
Section 38 Land Transport Act 1998 2019-10-22 Land Transport Act 1998
38: New section 210A inserted (Transfer of responsibilities between regional councils and territorial authorities)
After section 210
210A: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Act to a territorial authority under section 17 of the Local Government Act 2002.
2: A territorial authority may transfer 1 or more of its responsibilities under this Act to a regional council under section 17 of the Local Government Act 2002.
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17 of the Local Government Act 2002; and
b: any powers associated with the responsibility, duty, or legal obligation. Amendment to Land Transport Management Act 2003
39: Amendment to Land Transport Management Act 2003
Section 40 Land Transport Management Act 2003 2019-10-22 Land Transport Management Act 2003
40: New section 7B inserted (Transfer of responsibilities between regional councils and territorial authorities)
After section 7A
7B: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Act to a territorial authority under section 17 of the Local Government Act 2002.
2: A territorial authority may transfer 1 or more of its responsibilities under this Act to a regional council under section 17 of the Local Government Act 2002.
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17 of the Local Government Act 2002; and
b: any powers associated with the responsibility, duty, or legal obligation. Amendment to Local Government Act 1974
41: Amendment to Local Government Act 1974
Section 42 Local Government Act 1974 2019-10-22 Local Government Act 1974
42: New section 318A inserted (Transfer of responsibilities between regional councils and territorial authorities)
After section 318
318A: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Part to a territorial authority under section 17 of the Local Government Act 2002.
2: A territorial authority may transfer 1 or more of its responsibilities under this Part to a regional council under section 17 of the Local Government Act 2002.
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17 of the Local Government Act 2002; and
b: any powers associated with the responsibility, duty, or legal obligation. Amendments to other enactments
43: Consequential amendments to other enactments
Amend the enactments specified in Schedule 6 2019-10-22 Freedom Camping Act 2011 Greater Christchurch Regeneration Act 2016 Land Transport Management Act 2003 Local Government Act 1974 Ombudsmen Act 1975 Plumbers, Gasfitters, and Drainlayers Act 2006


1: Title
This Act is the Conservation (Indigenous Freshwater Fish) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date it receives the Royal assent.
3: Principal Act
This Act amends the Conservation Act 1987 principal Act 2019-10-22 Conservation Act 1987
1: Amendments to Conservation Act 1987
4: Section 2 amended (Interpretation)
1: In section 2(1) freshwater fish freshwater fish
a: all species of Anguillidae Anguilla Gobiomorphus
b: all species of Echyridella
c: all species of Paranephrops
d: Cheimarrichthyidae Cheimarrichthys fosteri
e: Geotridae Geotria australis
f: Gobiidae Acentrogobius pflaumii
g: Microdesmidae Parioglossus marginalis
2: In section 2(1) indigenous fish
3: In section 2(1) declared spawning area section 26ZJA indigenous freshwater fish national park Treaty settlement legislation
5: Section 17J amended (Freshwater fisheries management plans)
1: In section 17J(1) areas or throughout all New Zealand
2: In section 17J(4) area or throughout all New Zealand
6: Section 26ZG amended (Application of Part)
Replace section 26ZG(2)(c)
c: the taking, holding, possession, sale, or disposal of freshwater fish by—
i: a person who is specifically authorised under the Fisheries Act 1996 or any regulations made under that Act; or
ii: a person who is specifically authorised under any regulations made under section 48B of this Act; or
iii: a person acting under the authority of a registration of a fish farmer under Part 9A of the Fisheries Act 1996; or
iv: a person who is specifically authorised by or under Treaty settlement legislation.
7: New sections 26ZHA to 26ZHD and cross-heading inserted
After section 26ZH Indigenous freshwater fish
26ZHA: Approval under specified Acts to access public land is not approval for recreational fishing of indigenous freshwater fish
1: An approval under this Act or an Act listed in Schedule 1 that enables access to public land for recreation purposes is not of itself an approval for recreational fishing of indigenous freshwater fish in any fisheries water on that land.
2: In subsection (1)
26ZHB: Prohibitions and restrictions on taking of indigenous freshwater fish
1: A person must not take any indigenous freshwater fish from a conservation area except in accordance with an authorisation given under section 26ZHC(1)(a) or 26ZHD
2: A person may take indigenous freshwater fish from freshwater that is not a conservation area or part of a conservation area only if—
a: the person takes the fish in accordance with an authorisation given under section 26ZHC(1)(b) or 26ZHD
b: the person takes the fish—
i: primarily as food for human consumption, including for sale as food for human consumption; and
ii: in accordance with any regulations or notice made under this Act; or
c: the person—
i: takes the fish from the waters in a manner that does not lead to its injury or death; and
ii: returns the fish to those waters as soon as practicable after taking it; and
iii: at all times until the fish is returned, keeps the fish in close proximity to the waters, the person, and any fishing device used to take the fish.
3: A person who contravenes subsection (1) or (2)
26ZHC: Director-General may authorise taking of indigenous fish on application
1: The Director-General may, on application, give a person written authorisation to take indigenous freshwater fish—
a: from a conservation area if the Director-General is satisfied that the activity is consistent with the purpose for which the land is held and any requirements in regulations have been met; or
b: from a freshwater area that is not a conservation area or part of a conservation area if the Director-General is satisfied that the activity is consistent with the management of freshwater fisheries in that area and any requirements in regulations have been met.
2: An authorisation may be subject to any conditions or restrictions specified by the Director-General.
26ZHD: Director-General may authorise taking of indigenous fish by
Gazette
1: The Director-General may, by notice in the Gazette
2: The notice must specify—
a: the kind of indigenous fish that may be taken; and
b: the area from which the fish may be taken; and
c: the manner in which the fish may be taken.
3: An authorisation may be subject to any conditions or restrictions specified by the Director-General.
4: A notice under this section is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
8: New cross-heading above section 26ZJ inserted
After section 26ZI Spawning fish
9: Section 26ZJ replaced (Offences relating to spawning fish)
Replace section 26ZJ
26ZJ: Offences relating to spawning fish
1: Every person commits an offence who—
a: contravenes section 26ZJA(3)
b: without authorisation, disturbs or injures the eggs or larvae of any freshwater fish:
c: without authorisation, takes or has possession of the eggs or larvae of any freshwater fish:
d: disturbs any sports fish that are congregating or have congregated to spawn:
e: with any spear, gaff, speargun, net, trap, or similar device takes any sports fish from any river or stream where sports fish are congregating or have congregated for spawning:
f: while in the vicinity of any river or stream where sports fish are congregating or have congregated for spawning, has possession or control of any spear, gaff, speargun, trap, or similar device or material suitable for the taking of any sports fish, in circumstances likely to result in the taking of sports fish.
2: Subsection (1)(a) to (c)
3: Subsection (1)(d) to (f)
4: In this section, authorisation section 26ZJA(4) or (5)
26ZJA: Director-General may declare spawning area
1: The Director-General may, by notice in the Gazette
a: is being used for the spawning of freshwater fish; or
b: is suitable for the spawning of freshwater fish.
2: Without limiting subsection (1)
3: A person must not carry out an activity in a declared spawning area that disturbs or is reasonably likely to disturb the area unless—
a: the Director-General has given authorisation under subsection (4) or (5)
b: the person complies with any conditions or restrictions specified in the authorisation.
4: The Director-General may, by notice in the Gazette
a: the activity would have no more than a minor effect on the suitability of the area for the spawning of freshwater fish; or
b: the activity is necessary for the restoration of the area; or
c: the purpose of the activity outweighs any adverse effect it may have on the spawning of freshwater fish in the area.
5: The Director-General may, on application, give a person written authorisation to carry out a specified activity in a declared spawning area that disturbs or is reasonably likely to disturb the area if the Director-General is satisfied that—
a: subsection (4)(a), (b), or (c)
b: any requirements in regulations have been met.
6: An authorisation under subsection (4) or (5)
7: In this section, an activity disturbs a declared spawning area
a: disturbs the spawning of freshwater fish in the area; or
b: makes the area less suitable for the spawning of freshwater fish in the area.
8: A notice under subsection (4) Various restrictions relating to fishing and aquatic life
10: Section 26ZL amended (Restrictions on fishing)
Repeal section 26ZL(1)(a)
11: Section 26ZM amended (Transfer or release of live aquatic life)
1: In section 26ZM(2)(a) sites locations
2: In section 26ZM(4)(a) shall must, unless subsection (4A)
3: After section 26ZM(4)(c)
d: if the live aquatic life that is to be transferred or released is a species of sports fish, at least 10 working days before the Minister decides whether to give approval,—
i: the Director-General must give written notice to the Fish and Game Council for the region or regions in which the transfer or release of the sports fish is to take place; and
ii: the Minister must have regard to any comments provided by the Fish and Game Council within the time frame specified in that notice.
4: After section 26ZM(4)
4A: The Director-General may, at the request of the applicant, determine that compliance with subsection (4) is not required if satisfied that the proposed activity is unlikely to have an adverse effect on the freshwater fishery concerned.
12: Section 26ZP amended (Determination of closed seasons for fishing)
1: Replace section 26ZP(1) to (3)
1: The Director-General may, by notice,—
a: determine a closed season for fishing 1 or more species of freshwater fish (other than sports fish) in an area for a period not exceeding 5 years; or
b: extend or vary a determination or vary a determination that has been extended so long as the total period of the closed season does not exceed 5 years.
2: A notice—
a: must state the purpose of the closed season, the species of fish and the area to which the closed season applies, and the duration of the closed season; and
b: does not take effect until the Director-General has published the notice for at least 2 consecutive Saturdays in 1 or more of the daily newspapers circulating in the area concerned.
3: A person commits an offence who, without authorisation under this section, takes, possesses, or in any way injures or disturbs a fish to which a closed season applies.
2: In section 26ZP(5) sports fish fish
3: After section 26ZP(5)
6: The Director-General may, on application, give a person written authorisation to take fish to which a closed season applies if satisfied that—
a: the taking of the fish is consistent with the purpose of the closed season; and
b: the person has met the requirements (if any) set out in regulations.
7: An authorisation may be subject to any conditions or restrictions specified by the Director-General or in regulations.
13: Section 26ZR amended (Using hazardous substances to catch or destroy fish)
Replace section 26ZR(2)(a)
a: a fish and game ranger or an employee or a contractor of the Department; or
14: Section 48 amended (Regulations)
1: In section 48(1)(a) issued or authorisations to be given
2: In section 48(1)(b) or permits permits, or authorisations
3: In section 48(3) section that relate to a conservation area
15: Section 48A amended (Special regulations relating to freshwater fisheries)
1: In section 48A(1) Council, on the recommendation of the Minister,
2: Replace section 48A(1)(f)
f: regulating or prohibiting—
i: the taking of any specified freshwater fish, including any method of taking that fish; and
ii: the use, possession, or sale of any specified freshwater fish:
3: After section 48A(1)(n)
na: prohibiting, restricting, or regulating any structure or alteration to a water body that could impede or affect the passage of freshwater fish or specified freshwater fish ( see
4: After section 48A(1)(q)
r: in relation to indigenous freshwater fish,—
i: specifying activities that are reasonably likely to injure or kill specified indigenous freshwater fish; and
ii: regulating, restricting, or imposing conditions on those specified activities that are reasonably necessary to prevent the killing or injuring of those fish; and
iii: specifying indigenous freshwater fish that are endangered and restricting or prohibiting the taking of those fish:
s: specifying any requirements that must be met by a person seeking an authorisation under section 26ZHD, 26ZJA(5), or 26ZP(6)
t: imposing conditions or restrictions that apply to an authorisation under section 26ZP
u: specifying freshwater fish that are noxious fish and providing for their control, regulation, or prohibition:
v: imposing reporting requirements relating to the taking, injuring, killing, use, possession, or sale of specified freshwater fish.
5: After section 48A(1)
1A: Before making any recommendation under subsection (1), the Minister must consult any person or organisation that the Minister considers is likely to be substantially affected by, or will be representative of the interests of people likely to be substantially affected by, the regulations.
6: After section 48A(4)
5: Subsection (6)
a: a provision relating to indigenous freshwater fish in regulations made under subsection (1)(b), (f)
b: a provision in Treaty settlement legislation, or a provision in regulations relating to Māori fishing rights made under the Fisheries Act 1996.
6: If this subsection applies, a provision described in subsection (5)(b) subsection (5)(a)
16: Section 51F amended (Offences relating to spawning fish)
1: Replace section 51F(1)(a)
a: disturb a declared spawning area within the meaning of section 26ZJA(7)
2: In section 51F(1)(c) have take or
3: After section 51F(1)(c)
ca: disturb any sports fish that are congregating or have congregated to spawn; or
4: In section 51F(1)(d) take, with a spear, gaff, speargun, net, trap, or similar device, with any spear, gaff, speargun, net, trap, or similar device, take
17: Schedule 1AA amended
In Schedule 1AA
2: Provisions relating to Conservation (Indigenous Freshwater Fish) Amendment Act 2019
2: Interpretation
In this Part, commencement date
3: Taking of fish in accordance with prior authorisations not affected
Section 26ZHB
4: Application of section 26ZHB(1) to whitebait fishing in conservation areas delayed
1: Until the date that the first notice under section 26ZHD section 26ZHB(1)
2: The notice described in subclause (1)
5: Application of
section 26ZHB Section 26ZHB
6: Application of regulations made under
section 48A(1)(na) Regulations made under section 48A(1)(na)
2: Amendments to Freshwater Fisheries Regulations 1983
18: Amendments to Freshwater Fisheries Regulations 1983
Amend the Freshwater Fisheries Regulations 1983 Schedule 2019-10-22 Freshwater Fisheries Regulations 1983


Statutes Amendment Act 2019

1: Title
This Act is the Statutes Amendment Act 2019.
2: Commencement
1: Sections 47 48
2: Part 39
3: The rest of this Act comes into force on the day after the date of Royal assent.
1: Anti-Money Laundering and Countering Financing of Terrorism Act 2009
3: Principal Act
This Part Anti-Money Laundering and Countering Financing of Terrorism Act 2009 principal Act 2019-10-24 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: Section 38 amended (Prohibition on false customer names and customer anonymity)
In section 38(2)(b) New Zealand Security Intelligence Service or for the Government Communications Security Bureau
5: Section 140 amended (Power to use and disclose information supplied or obtained under other enactments for AML/CFT purposes)
After section 140(2)(h)
ha: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
2: Armed Forces Discipline Act 1971
6: Principal Act
This Part Armed Forces Discipline Act 1971 principal Act 2019-10-24 Armed Forces Discipline Act 1971
7: Section 2 amended (Interpretation)
1: In section 2(1) Commonwealth force
2: In section 2(1) provost officer provost officer
a: is not a midshipman, an officer cadet, or a chaplain; and
b: is any of the following:
i: a provost marshal appointed in writing by or on behalf of the Chief of Defence Force:
ii: an assistant provost marshal appointed in writing by or on behalf of the Chief of Defence Force or by a provost marshal:
iii: any other officer of the Navy, the Army, or the Air Force appointed in writing as a provost officer by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal:
iv: a person attached or lent as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, to any part of the Armed Forces:
v: a person seconded for service or appointed for duty as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, with any part of the Armed Forces
8: Section 200T replaced (Record of proceedings not to be disclosed)
Replace section 200T
200T: Record of proceedings not to be disclosed
The record of proceedings of a court of inquiry must not be disclosed to—
a: people who are not members of the Defence Force (within the meaning of section 2(1) of the Defence Act 1990), unless the disclosure is authorised by a superior commander of the service concerned; or
b: members of the Defence Force unless—
i: the members need to be aware of the contents of the record to enable them to perform their service or employment duties; or
ii: the members are entitled to a copy of the record under the rules of procedure; or
iii: the disclosure is authorised by a superior commander of the service concerned.
3: Building Act 2004
9: Principal Act
This Part Building Act 2004 principal Act 2019-10-24 Building Act 2004
10: Section 344 amended (Composition of Board)
Replace section 344(2)
2: A member must be appointed by the Minister.
11: Section 345 amended (Criteria for appointment)
In section 345(1) recommend a person for appointment appoint a person
12: Schedule 3 amended
1: In Schedule 3, clause 1(1) Governor-General Minister
2: In Schedule 3, after clause 1(2)
3: When a member of the Board is appointed, the Minister must publish a notice in the Gazette
3: In Schedule 3, clause 3(3)(c) Governor-General Minister
4: In Schedule 3, clause 7(1) The Governor-General may, on the advice of the Minister given The Minister may,
5: In Schedule 3, clause 7(1) satisfaction of the Governor-General satisfaction of the Minister
6: In Schedule 3, clause 7(2) giving advice to the Governor-General removing the member
7: In Schedule 3, clause 10(1) Governor-General Minister
8: In Schedule 3, replace clause 10(2)
2: A member who is appointed under subclause (1) is appointed for a term determined by the Minister, not exceeding 3 years.
4: Burial and Cremation Act 1964
13: Principal Act
This Part Burial and Cremation Act 1964 principal Act 2019-10-24 Burial and Cremation Act 1964
14: Section 29B replaced (Financial statements must be audited)
Replace section 29B
29B: Audits
1: Subsection (2)
2: Trustees must ensure that the financial statements for the financial year are audited.
3: Trustees are public entities as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is their auditor.
5: Chartered Professional Engineers of New Zealand Act 2002
15: Principal Act
This Part Chartered Professional Engineers of New Zealand Act 2002 principal Act 2019-10-24 Chartered Professional Engineers of New Zealand Act 2002
16: Section 49 amended (Composition of board)
In section 49 Governor-General on the recommendation of the
17: Section 50 amended (Criteria for appointment)
1: In section 50(1) recommend for appointment appoint
2: In section 50(1)(c) and (d) nominated by the Minister
3: Replace section 50(2)
2: The Minister—
a: must only appoint as a member of the Council a person who, in the Minister’s opinion, is qualified for appointment,—
i: having regard to the functions, duties, and powers of the Council; and
ii: because of that person’s knowledge, experience, or expertise; and
iii: having regard to the aim that the members collectively represent the range of engineering practices and disciplines; and
b: must not appoint a person who is a member of the governing body of the Registration Authority or an employee of the Registration Authority.
18: Section 58 replaced (Council to publish reports)
Replace section 58
58: Council to publish reports
As soon as practicable after giving a report to the Minister under section 53 57
19: Schedule 1 amended
1: In Schedule 1, clause 1(1) Governor-General Minister
2: In Schedule 1, after clause 1(2)
3: When a member of the Council is appointed, the Minister must publish a notice in the Gazette
3: In Schedule 1, clause 3(1)(c)(iii) Governor-General Minister
4: In Schedule 1, clause 7(1) The Governor-General may, on the advice of the Minister given The Minister may,
5: In Schedule 1, clause 7(1) satisfaction of the Governor-General satisfaction of the Minister
6: In Schedule 1, replace clause 7(2)
2: Before removing the member, the Minister must give the member a reasonable opportunity to make written submissions or be heard on the proposed removal.
6: Citizenship Act 1977
20: Principal Act
This Part Citizenship Act 1977 principal Act 2019-10-24 Citizenship Act 1977
21: Section 7 amended (Citizenship by descent)
In section 7(3) signed by the Secretary, or by a person authorised for the purpose by the Secretary,
7: Companies Act 1993
22: Principal Act
This Part Companies Act 1993 principal Act 2019-10-24 Companies Act 1993
23: Section 3 amended (Public notice)
1: Replace section 3(3)
3: However, subsections (1) and (2) do not apply to the public notice required to be given—
a: by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), 341(4)(b), and 360A(2)(b); and
b: by the Secretary to the Treasury under section 324(3).
2: In section 3(4) subsection (3) subsection (3)(a)
3: After section 3(5)
6: The public notice required to be given by the Secretary to the Treasury under the provision referred to in subsection (3)(b) Gazette
7: The Secretary to the Treasury must ensure that a copy of the notice referred to in subsection (6)
24: Section 324 amended (Property of company removed from register)
After section 324(3)
3A: However, subsection (3) does not apply to the extent that the property is rights under a security or charge and the Secretary to the Treasury is satisfied that all amounts and all other obligations secured by the security or charge are paid, performed, or otherwise discharged.
8: Contract and Commercial Law Act 2017
25: Principal Act
This Part Contract and Commercial Law Act 2017 principal Act 2019-10-24 Contract and Commercial Law Act 2017
26: Section 336 amended (Wharf owner or warehouse owner may sell goods by public auction after 90 days)
In section 336(3)(b)(i) (being the person appointed under section 210 of the Insurance (Prudential Supervision) Act 2010)
9: Court Martial Act 2007
27: Principal Act
This Part Court Martial Act 2007 principal Act 2019-10-24 Court Martial Act 2007
28: Section 49 amended (Judge may grant bail pending trial)
In section 49(4)(a) section 8(1) and (3) of the Bail Act 2000 section 8(1) and (4) of the Bail Act 2000
29: Section 82 amended (Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial)
Repeal section 82(2)(a)
10: Criminal Procedure Act 2011
30: Principal Act
This Part Criminal Procedure Act 2011 principal Act 2019-10-24 Criminal Procedure Act 2011
31: Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
After section 215(2)(c)
ca: making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006:
32: Section 375 amended (Conviction not to be recorded for infringement offences)
1: In section 375(1)(b) on convicting the defendant of that offence as if the court were able to convict a defendant of the offence
2: After section 375(3)
3A: This section applies to every infringement offence whether or not there is an express reference to a conviction in the infringement offence provision or in any provision specifying the penalty for the infringement offence.
11: Criminal Proceeds (Recovery) Act 2009
33: Principal Act
This Part Criminal Proceeds (Recovery) Act 2009 principal Act 2019-10-24 Criminal Proceeds (Recovery) Act 2009
34: Section 82 amended (Discharge of assets forfeiture order by Official Assignee)
In section 82(1)(b) Secretary for Justice Legal Services Commissioner
35: Section 83 amended (Discharge of profit forfeiture order by Official Assignee)
In section 83(1)(b) Secretary for Justice Legal Services Commissioner
36: Section 85 amended (Discharge of instrument forfeiture order by Official Assignee)
In section 85(b) Secretary for Justice Legal Services Commissioner
12: Crown Entities Act 2004
37: Principal Act
This Part Crown Entities Act 2004 principal Act 2019-10-24 Crown Entities Act 2004
38: Section 182 repealed (Existing members exempt from qualification requirements)
Repeal section 182
39: Section 183 repealed (Term of office of existing members other than ex officio members)
Repeal section 183
40: Section 184 repealed (Term of office of existing ex officio members)
Repeal section 184
41: Section 186 amended (Continuation of existing board committees)
In section 186(2) an ex officio member a member who holds office because the person is a representative of any part of the Public Service
42: Section 195 repealed (Existing bank accounts)
Repeal section 195
43: Section 196 repealed (Existing law on securities, borrowing, guarantees, indemnities, and derivative transactions continues to apply until 1 April 2005)
Repeal section 196
13: Disputes Tribunal Act 1988
44: Principal Act
This Part Disputes Tribunal Act 1988 principal Act 2019-10-24 Disputes Tribunal Act 1988
45: Section 49 amended (Rehearings)
In section 49(3) 28 days 20 working days
14: District Court Act 2016
46: Principal Act
This Part District Court Act 2016 principal Act 2019-10-24 District Court Act 2016 Sections 49–51. See section 2(3). 2020-07-01 District Court Act 2016 Section 47 and 48. See section 2(1).
47: Section 34 replaced (Remuneration of Chief District Court Judge, principal Judges, and permanent Judges)
Replace section 34
34: Remuneration of Judges
1: A Judge must be paid, out of public money, without further appropriation than this section,—
a: a salary at the rate determined by the Remuneration Authority; and
b: allowances (if any) as determined by the Remuneration Authority; and
c: any additional allowances, such as travelling allowances or other incidental or minor allowances, as the Governor-General determines.
2: In this section, Judge
a: the Chief District Court Judge:
b: each principal Judge:
c: the Principal Environment Judge:
d: each permanent Judge (including each permanent Judge authorised to sit on a part-time basis):
e: each acting Judge.
48: Section 35 amended (Remuneration of part-time or acting Judge)
1: Replace the heading to section 35 Salary and allowances of part-time or acting Judge
2: In section 35(2) section 34(a) and (c) section 34(1)(a) and (c)
49: Section 60 amended (Remuneration of Chief Community Magistrate and Community Magistrates)
After section 60(2)
2A: An Order in Council made under subsection (1)(b) or (2), or a provision of any such order, may be made so as to come into force on a specified date that is—
a: the date on which the order is made; or
b: any other date, whether that date is before or after the date on which the order is made.
2B: If no date is specified under subsection (2A)
50: Section 187 amended (Charging order in respect of land expires after 2 years)
1: Replace the heading to section 187 Expiry of charging order in respect of land
2: Repeal section 187(1)
3: In section 187(3) subsection (1) subsection (2)(a)
51: Section 214 amended (Grounds for making section 213 order)
In section 214(2) 2 or more of
15: Electricity Act 1992
52: Principal Act
This Part Electricity Act 1992 principal Act 2019-10-24 Electricity Act 1992
53: Schedule 2 amended
1: In Schedule 2, clause 4(6) the residue of the term for which the vacating member was appointed a term determined by the Minister, not exceeding 3 years
2: In Schedule 2, clause 16(2) 6 sitting days 10 sitting days
16: Engineering Associates Act 1961
54: Principal Act
This Part Engineering Associates Act 1961 principal Act 2019-10-24 Engineering Associates Act 1961
55: Section 3 amended (Constitution of Board)
After section 3(3)
3A: A member continues in office despite the expiry of the member’s term of office until—
a: a successor is appointed; or
b: the member is reappointed.
3B: When a member of the Board is appointed, the Minister must publish a notice in the Gazette
56: Section 10 amended (Extraordinary vacancies on Board and Committee)
In section 10(3) the residue of the term for which his predecessor was appointed a term determined by the Minister, not exceeding 2 years
57: New sections 10A to 10E and cross-heading inserted
After section 10 Reporting by Board
10A: Board to prepare annual report
The Board must prepare an annual report on its operations for each period ending with 31 March in each year.
10B: Form and content of annual report
1: An annual report must include all the information that is necessary to enable an informed assessment to be made of the Board’s performance during the year.
2: An annual report must be in writing, and be dated and signed on behalf of the Board by 2 members.
10C: Board to give annual report to Minister
The Board must give the annual report to the Minister as soon as practicable after 31 March in each year.
10D: Board to publish reports
As soon as practicable after giving a report to the Minister, the Board must make the report publicly available on an Internet site maintained by or on behalf of the Board.
10E: Annual reports to be presented to House of Representatives
The Minister must present a copy of the annual report to the House of Representatives no later than 10 sitting days after the date on which the Minister receives the report.
17: Flags, Emblems, and Names Protection Act 1981
58: Principal Act
This Part Flags, Emblems, and Names Protection Act 1981 principal Act 2019-10-24 Flags, Emblems, and Names Protection Act 1981
59: Section 26A repealed (Power to amend Schedule 2A)
Repeal section 26A
18: Food Act 2014
60: Principal Act
This Part Food Act 2014 principal Act 2019-10-24 Food Act 2014
61: Section 289 amended (Publish privileged statements)
Repeal section 289(4)
19: Government Superannuation Fund Act 1956
62: Principal Act
This Part Government Superannuation Fund Act 1956 principal Act 2019-10-24 Government Superannuation Fund Act 1956
63: Section 95 amended (Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors’ salaries are paid)
Repeal section 95(4)
20: Immigration Act 2009
64: Principal Act
This Part Immigration Act 2009 principal Act 2019-10-24 Immigration Act 2009
65: Section 4 amended (Interpretation)
In section 4 deportation order deportation order
a: an order that contains the information described in section 176 and that, when served on a person in accordance with section 175, authorises the person’s deportation to be executed:
b: an Order in Council made under section 163:
c: a copy of the order specified in paragraph (a) or (b)
66: Section 172 amended (Minister may cancel or suspend liability for deportation)
1: In section 172(2) written notice (a suspension notice
2: In section 172(3) notice under subsection (2) suspension notice
3: In section 172(3)(a) notice (a reactivation notice
4: Replace section 172(3)(b)
b: subject to section 175A(4), the person has 28 days from the date on which the reactivation notice is served to—
i: lodge an appeal with the Tribunal on the grounds specified in section 155, 156, 158, 159, 160, 161, or 162, if the person deferred lodging an appeal under section 173A(2)
ii: leave New Zealand.
67: New section 173A inserted (Person may defer lodging appeal against liability for deportation)
After section 173
173A: Person may defer lodging appeal against liability for deportation
1: This section applies to a residence class visa holder who is—
a: liable for deportation under section 155, 156, 158, 159, 160, 161, or 162; and
b: entitled to appeal to the Tribunal on the grounds specified in any one of those provisions; and
c: served with a suspension notice under section 172(2).
2: The person may defer lodging an appeal with the Tribunal against their liability for deportation until the person is served with a reactivation notice under section 172(3).
3: If the person chooses to lodge an appeal with the Tribunal after being served with a reactivation notice, the time periods specified in sections 155(4), 156(3), 158(3), 159(2), 160(3), 161(2), and 162(2) do not apply to that person.
68: Section 214 amended (Effect of suspension on appeal)
1: In section 214(4) deportation liability reactivation
2: Repeal section 214(5)
69: Section 236 amended (Appeals against deportation liability where person serving prison sentence)
In section 236(1)
a: replace close soon
b: replace to the date of after the appeal is lodged but before
c: replace sentence) sentence) before the person’s
21: Immigration Advisers Licensing Act 2007
70: Principal Act
This Part Immigration Advisers Licensing Act 2007 principal Act 2019-10-24 Immigration Advisers Licensing Act 2007
71: Section 53 amended (Suspension of licence pending outcome of complaint)
In section 53(3)(a) (1)(d) (2)(d)
22: Intelligence and Security Act 2017
72: Principal Act
This Part Intelligence and Security Act 2017 principal Act 2019-10-24 Intelligence and Security Act 2017
73: Schedule 3 amended
1: In Schedule 3, after clause 3(1)(b)
c: in respect of time spent travelling in the performance of the Commissioner’s functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.
2: In Schedule 3, replace clause 3(3)
3: The Fees and Travelling Allowances Act 1951 applies as if a Commissioner were a member of a statutory board and the travelling were in the service of a statutory board.
23: Legal Services Act 2011
74: Principal Act
This Part Legal Services Act 2011 principal Act 2019-10-24 Legal Services Act 2011
75: Section 4 (Interpretation)
1: In section 4(1) capital
2: In section 4(1) disposable capital
3: In section 4(1) income
4: In section 4(1) prescribed offence
76: Section 9 repealed (Prescribed offences)
Repeal section 9
77: Section 18 (Conditions on grant of legal aid)
Repeal section 18(7)(e)
78: Section 21 amended (Amount of repayment payable)
Repeal section 21(7)
79: Section 114 amended (Regulations)
Repeal section 114(1)(s), (t), and (u)
24: Motor Vehicle Sales Act 2003
80: Principal Act
This Part Motor Vehicle Sales Act 2003 principal Act 2019-10-24 Motor Vehicle Sales Act 2003
81: Section 6 amended (Interpretation)
In section 6(1) existing licence application transitional period
82: Section 24 amended (Persons disqualified from registration: individuals)
Repeal section 24(d), (e), and (g)
83: Section 25 amended (Persons disqualified from registration: companies)
Repeal section 25(b) and (c)
84: Sections 148 to 156 and cross-headings repealed
Repeal sections 148 to 156 sections 148 152 154 156
85: Sections 158 to 161 repealed
Repeal sections 158 to 161
86: Section 163 and cross-heading repealed
Repeal section 163
87: Consequential amendments to Motor Vehicle Sales Regulations 2003
1: This section amends the Motor Vehicle Sales Regulations 2003
2: Revoke—
a: regulation 7
b: Part 3 of Schedule 1 2019-10-24 Motor Vehicle Sales Regulations 2003
88: Consequential revocation
The Motor Vehicle Sales (Abolition of Motor Vehicle Dealers Licensing Board) Order 2004 2019-10-24 Motor Vehicle Sales (Abolition of Motor Vehicle Dealers Licensing Board) Order 2004
25: New Zealand Film Commission Act 1978
89: Principal Act
This Part New Zealand Film Commission Act 1978 principal Act 2019-10-24 New Zealand Film Commission Act 1978
90: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
91: Section 19 amended (General powers of Commission)
Repeal section 19(3)
92: Section 35 amended (Application of other enactments)
In section 35 the Schedule Schedule 1
93: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 2
94: Schedule amended
In the Schedule Schedule Schedule 1
26: New Zealand Government Property Corporation Act 1953
95: Principal Act
This Part New Zealand Government Property Corporation Act 1953 principal Act 2019-10-24 New Zealand Government Property Corporation Act 1953
96: Section 11 amended (Execution of documents by attorney)
In section 11(1) in any place outside New Zealand
27: New Zealand Superannuation and Retirement Income Act 2001
97: Principal Act
This Part New Zealand Superannuation and Retirement Income Act 2001 principal Act 2019-10-24 New Zealand Superannuation and Retirement Income Act 2001
98: New section 59B inserted (Fund investment vehicles not required to prepare statements or annual reports)
After section 59A
59B: Fund investment vehicles not required to prepare statements or annual reports
1: A Fund investment vehicle is not required to do either of the following:
a: prepare financial statements or group financial statements that are separate from those prepared for the Fund under section 66:
b: have financial statements or group financial statements audited.
2: If a Fund investment vehicle is a company, the board of the company is not required to prepare an annual report.
3: Subsections (1) and (2)
4: This section does not limit sections 59A(3) and 66 to 68.
5: In this section, annual report board
28: Official Information Act 1982
99: Principal Act
This Part Official Information Act 1982 principal Act 2019-10-24 Official Information Act 1982
100: Section 22 amended (Right of access to internal rules affecting decisions)
1: Replace section 22(1)
1: On a request made under this section, a person has a right to, and must be given access to, any document (including a manual) that—
a: is held by a department, a Minister of the Crown, or an organisation; and
b: contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in their personal capacity.
1A: Subsection (1)
a: subsection (2):
b: subsection (6):
c: section 6(a) to (d):
d: section 7:
e: section 9(2)(a), (b), (ba), (i), and (j) (to the extent that there is no countervailing public interest in making the information available):
f: section 10.
2: Replace section 22(4)
4: If there is good reason under subsection (1A)(c), (d), or (e) subsection (1)
a: make a copy of that document available with any deletions or alterations that are necessary; or
b: provide another document stating the substance and effect of the document except as it relates to the information withheld.
29: Ombudsmen Act 1975
101: Principal Act
This Part Ombudsmen Act 1975 principal Act 2019-10-24 Ombudsmen Act 1975
102: Schedule 1 amended
1: In Schedule 1
a: repeal the item relating to the Māori Trustee:
b: in the item relating to the Ministry of Maori Development, replace Maori Māori
c: repeal the item relating to the National Provident Fund Department:
d: repeal the item relating to the Office of the State Services Commission:
e: insert in its appropriate alphabetical order: State Services Commission
2: In Schedule 1
a: repeal the item relating to the Agricultural Pests Destruction Council:
b: in the item relating to the Board of Maori Affairs, replace Maori Māori
c: in the item relating to the Maori Heritage Council, replace Maori Māori
d: in the item relating to the Maori Purposes Fund Board, replace Maori Māori
e: in the item relating to the New Zealand Maori Arts and Crafts Institute, replace Maori Māori
f: repeal the item relating to the South Pacific Arts Committee:
g: repeal the item relating to the State Services Commission.
30: Parliamentary Service Act 2000
103: Principal Act
This Part Parliamentary Service Act 2000 principal Act 2019-10-24 Parliamentary Service Act 2000
104: Section 10 amended (General Manager of Parliamentary Service)
1: In the heading to section 10 General Manager Chief Executive
2: In section 10 General Manager Chief Executive
105: Consequential amendments to instruments
If an instrument or other thing refers to the General Manager of the Parliamentary Service and that reference is no longer appropriate because the name of that office has changed, the reference must be read as a reference to the Chief Executive of the Parliamentary Service.
106: Consequential amendments to legislation
Amend the enactments specified in Schedule 1 2019-10-24 Members of Parliament (Remuneration and Services) Act 2013 2019-10-24 Parliamentary Service Act 2000 2019-10-24 Remuneration Authority Act 1977
31: Plumbers, Gasfitters, and Drainlayers Act 2006
107: Principal Act
This Part Plumbers, Gasfitters, and Drainlayers Act 2006 principal Act 2019-10-24 Plumbers, Gasfitters, and Drainlayers Act 2006
108: Section 135 amended (Term of office)
After section 135(2)
3: A member continues in office despite the expiry of his or her term of office until—
a: a successor is appointed; or
b: the member is reappointed.
109: Section 153 replaced (Board to publish reports)
Replace section 153
153: Board to publish reports
As soon as practicable after giving a report to the Minister under section 152
110: Section 154 amended (Annual reports to be presented to House of Representatives)
In section 154 12 sitting days 10 sitting days
32: Prisoners’ and Victims’ Claims Act 2005
111: Principal Act
This Part Prisoners’ and Victims’ Claims Act 2005 principal Act 2019-10-24 Prisoners’ and Victims’ Claims Act 2005
112: Section 18 amended (Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account)
In section 18(1)(a)(i) Secretary for Justice Legal Services Commissioner
33: Public Finance Act 1989
113: Principal Act
This Part Public Finance Act 1989 principal Act 2019-10-24 Public Finance Act 1989
114: Section 15C amended (End-of-year performance information requirements)
Replace section 15C(2)(a)
a: for a multi-category appropriation,—
i: by a Crown entity, a Schedule 4 organisation (but not including a Reserves Board (as described in Schedule 4)), or a Schedule 4A company if the resources from that appropriation are used by that entity, organisation, or company only; or
ii: by a department if, in accordance with a direction under section 7C(2)(c)(i), the resources from that appropriation are used by that department only; or
iii: by the appropriation administrator, in any other case; and
115: New subpart 1A of Part 5 inserted
After subpart 1
1A: Special requirements for end-of-year performance information
45LA: End-of-year performance information for newly established performance reporters
1: The Minister may (at the Minister’s discretion) exempt a performance reporter from the obligation to provide end-of-year performance information under section 19A if the performance reporter—
a: was established during the last 4 months of a financial year; and
b: is identified in the supporting information for an Appropriation Act as providing end-of-year performance information on an appropriation for the financial year.
2: A performance reporter that is exempted under subsection (1)
a: starting from the date on which the performance reporter is established; and
b: ending at the end of the performance reporter’s first full financial year.
3: In this section, performance reporter
116: Section 45O amended (Special provisions relating to Reserves Boards)
In section 45O(1) section 45M(2) section 45M(1A)
117: Schedule 4 amended
1: In Schedule 4 SPE 149C
2: In Schedule 4 subsection (1)
3: In Schedule 4 subsection (1)
4: In Schedule 4 subsection (1)
34: Real Estate Agents Act 2008
118: Principal Act
This Part Real Estate Agents Act 2008 principal Act 2019-10-24 Real Estate Agents Act 2008
119: Section 93 amended (Power of Committee to make orders)
In section 93(1)(h) business (including any records, accounts, and assets)
35: Registered Architects Act 2005
120: Principal Act
This Part Registered Architects Act 2005 principal Act 2019-10-24 Registered Architects Act 2005
121: Section 52 amended (Composition of Board)
1: Replace section 52(2)
2: A member must be appointed by the Minister.
2: In section 52(3) recommend for appointment appoint
122: Section 53 amended (Criteria for appointment)
In section 53 recommend a person for appointment as a member of the Board appoint a person as a member of the Board
123: Schedule amended
1: In the Schedule, clause 1(1) Governor-General Minister
2: In the Schedule, after clause 1(2)
3: When a member of the Board is appointed, the Minister must publish a notice in the Gazette
3: In the Schedule, clause 3(1)(c)(iii) Governor-General Minister
4: In the Schedule, clause 7(1) The Governor-General may, on the advice of the Minister given The Minister may,
5: In the Schedule, clause 7(1) satisfaction of the Governor-General satisfaction of the Minister
6: In the Schedule, clause 7(2) giving advice to the Governor-General removing the member
36: Resource Management Act 1991
124: Principal Act
This Part Resource Management Act 1991 principal Act 2019-10-24 Resource Management Act 1991
125: Section 32 amended (Requirements for preparing and publishing evaluation reports)
In section 32(5)(a) standard or regulation standard, regulation, national policy statement, or New Zealand coastal policy statement
126: Section 48 amended (Public notification of proposal for national direction and inquiry)
In section 48(1)(a) national policy statement national direction
127: Section 58L amended (Definitions)
In section 58L relevant local authority district or regional council local authority
128: Section 58R amended (Contents of Mana Whakahono a Rohe)
1: Repeal section 58R(2)(a)(ii)
2: In section 58R(2)(a)(iii) a Mana Whakahono a Rohe the review of a local authority’s policies and processes (to ensure that they are consistent with a Mana Whakahono a Rohe)
129: Section 87B amended (Certain activities to be treated as discretionary activities or prohibited activities)
After section 87B(3)
4: Any mining whose main purpose is to mine mercury must be treated as a prohibited activity.
130: Section 360 amended (Regulations)
Repeal section 360(2AA)
131: Schedule 1 amended
In Schedule 1, clause 8(1A) policy statement or plan for which limited notification has been given under clause 5A
132: Amendment to Resource Management Amendment Act 2005
1: This section amends the Resource Management Amendment Act 2005
2: Repeal section 108 2019-10-24 Resource Management Amendment Act 2005
37: Sale and Supply of Alcohol Act 2012
133: Principal Act
This Part Sale and Supply of Alcohol Act 2012 principal Act 2019-10-24 Sale and Supply of Alcohol Act 2012
134: Section 136 amended (Temporary authorities: on-licences and off-licences)
1: In section 136(4) the committee or the chair (as the case may be)
2: After section 136(4)
4A: Despite subsection (1), if the application is uncontested, the chair of the committee may make an order instead of the committee.
3: After section 136(5)
6: For the purposes of this section, if the chair of the committee makes an order instead of the committee, a reference to the committee in any other relevant provision of this Act is to be treated as a reference to the chair.
38: Secondhand Dealers and Pawnbrokers Act 2004
135: Principal Act
This Part Secondhand Dealers and Pawnbrokers Act 2004 principal Act 2019-10-24 Secondhand Dealers and Pawnbrokers Act 2004
136: Section 51 amended (Pawnbrokers record)
In section 51(2)(g) interest redemption fee
137: Section 57 amended (Redemption price)
1: In section 57(1)(b) total interest redemption fee
2: In section 57(2) interest a redemption fee
39: Senior Courts Act 2016
138: Principal Act
This Part Senior Courts Act 2016 principal Act 2020-07-01 Senior Courts Act 2016 See section 2(2).
139: Section 63 amended (Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal)
1: In the heading to section 63 Deputy Registrar Deputy Registrars
2: In section 63 a Deputy Registrar Deputy Registrars
140: Section 64 amended (Powers of Registrar and Deputy Registrar)
1: In the heading to section 64 Deputy Registrar Deputy Registrars
2: In section 64(2) The Deputy Registrar A Deputy Registrar
141: Section 135 amended (Salaries and allowances of permanent Judges and Associate Judges)
1: Replace the heading to section 135 Remuneration of Judges
2: In section 135 Permanent Judges and Associate
3: In section 135
2: In this section,— Judge
a: a permanent or an acting Judge of a senior court:
b: a Judge authorised to sit part-time in a senior court:
c: a permanent or an acting Associate Judge:
d: an Associate Judge authorised to sit part-time senior court
a: the Supreme Court:
b: the Court of Appeal:
c: the High Court.
142: Section 137 amended (Salaries and allowances of acting Judges)
1: In section 137 , out of public money, without further appropriation than this section,
2: In section 137(b) section 135(c) section 135(1)(c)
40: Standards and Accreditation Act 2015
143: Principal Act
This Part Standards and Accreditation Act 2015 principal Act 2019-10-24 Standards and Accreditation Act 2015
144: Schedule 1 amended
1: In Schedule 1, replace clause 2(3)
3: A notice under subclause (2) may be published on an Internet site or in print media and for the period or with the frequency that the Minister thinks appropriate.
2: In Schedule 1, repeal clauses 8(3) 11(3)
41: State-Owned Enterprises Act 1986
145: Principal Act
This Part State-Owned Enterprises Act 1986 principal Act 2019-10-24 State-Owned Enterprises Act 1986
146: Section 31 repealed (Review of Ombudsmen Act 1975 and Official Information Act 1982 in relation to State enterprises)
Repeal section 31
147: Section 33 and Schedule 6 repealed
Repeal section 33 Schedule 6
42: State Sector Act 1988
148: Principal Act
This Part State Sector Act 1988 principal Act 2019-10-24 State Sector Act 1988
149: Section 38 amended (Conditions of employment of chief executives)
In section 38(4) obtain the agreement of consult
150: Section 61A amended (Restriction of redundancy payments in certain situations)
In section 61A(2) the offer of an alternative position either position described in subsection (1)
151: Section 74AB amended (Boards of Trustees indemnified by Commissioner)
In section 74AB(1) money appropriated for the purpose an appropriation
43: Summary Proceedings Act 1957
152: Principal Act
This Part Summary Proceedings Act 1957 principal Act 2019-10-24 Summary Proceedings Act 1957
153: Section 21 amended (Procedure for infringement offences)
1: In section 21(2)(b)(i) at the address by a payment method
2: In section 21(2)(b)(ii) received at that address received, at the address specified in the infringement notice,
3: In section 21(3)(b)(i) at the address by a payment method
4: In section 21(3)(b)(ii) received at that address received, at the address specified in the infringement notice,
5: In section 21(3D)(b) at the address by a payment method
6: Replace section 21(8)(d)(iv)
iv: a notice of the defendant filed in the court under paragraph (c) is to be treated as if it were a notice of the defendant pleading guilty to the offence under section 38(1) of the Criminal Procedure Act 2011, but—
A: section 38(2) of the Criminal Procedure Act 2011 does not apply; and
B: despite sections 117 and 118 of the Criminal Procedure Act 2011, the defendant is not required or entitled to appear before the court hearing the proceedings.
7: In section 21(10)(a) at the address by a payment method
8: In section 21(11) at the address by a payment method
154: New section 21B inserted (Requirements for infringement notices regarding payment method)
After section 21A
21B: Requirements for infringement notices regarding payment method
If an Act provides that an infringement notice or a reminder notice must contain an address or a place at which an infringement fee may be paid, that requirement is, and always has been, satisfied if the infringement notice—
a: specifies 1 or more methods (whether at a physical place or by post or electronic or other means) by which an infringement fee may be paid; or
b: provides for the informant or other person who is entitled to issue the notice to specify in the notice the method or methods (whether at a physical place or by post or electronic or other means) by which an infringement fee may be paid.
155: Section 78B amended (Power to correct irregularities in proceedings for infringement offences)
In section 78B(1)(a)(viii) at the address by a payment method
44: Te Arawa Lakes Settlement Act 2006
156: Principal Act
This Part Te Arawa Lakes Settlement Act 2006 principal Act 2019-10-24 Te Arawa Lakes Settlement Act 2006
157: Section 5 amended (Outline)
In section 5(4) 13 14
158: Section 11 amended (Interpretation)
1: In section 11 submerged land date or the inclusion date (as the case may be)
2: In section 11 Te Arawa lakebed except Lake Ōkaro
3: In section 11 inclusion date Part 44 of the Statutes Amendment Act 2019
159: Section 19 amended (Timing of actions or matters)
1: In section 19(1) subsection (2) subsections (1A)
2: After section 19(1)
1A: In respect of the Lake Ōkaro lakebed, actions or matters occurring under this Act occur or take effect on and from the inclusion date.
3: In section 19(2) settlement date or the inclusion date (as the case may be)
160: Section 21 amended (Reserve status revoked)
After section 21(2)
3: However, subsection (2) does not apply to Lake Okaro Recreation Reserve.
161: Section 29 amended (Registration of ownership)
1: In section 29(2) date or the inclusion date (as the case may be)
2: Replace section 29(5)
5: Written application must be made for a computer freehold register as soon as is reasonably practicable after the settlement date or the inclusion date (as the case may be), but no later than—
a: 24 months after the Te Arawa lakebeds (except the Lake Ōkaro lakebed) vest in the Trustees of the Te Arawa Lakes Trust by section 23; or
b: in respect of the Lake Ōkaro lakebed, 24 months after the inclusion date.
6: Despite subsection (5)(a) or (b)
162: Section 33 amended (Existing structures on Te Arawa lakebeds)
In section 33(1) date or the inclusion date (as the case may be)
163: Section 36 amended (Existing commercial activities)
In section 36(1) date or the inclusion date (as the case may be)
164: Section 41 amended (New commercial activities and new structures require written consent of Trustees)
In section 41(1) date or the inclusion date (as the case may be)
165: Section 45 amended (Liability for rates)
In section 45(1)(c) date or the inclusion date (as the case may be)
166: Section 46 amended (Liability of public utility authority for rates assessed)
In section 46 date or the inclusion date (as the case may be)
167: Section 59 amended (Interpretation)
In section 59 statutory area lakebed , except the Lake Ōkaro lakebed
168: Schedule 1 amended
In Schedule 1 The following table is small in size and has 3 columns. This table amends Schedule 1 of the Te Arawa Lakes Settlement Act 2006 and should be read with that table to provide understanding of the context. Bed of Lake Ōkaro 31.4200 hectares, more or less, being Section 1 SO 458555. Part Gazette
169: Schedule 3 amended
In Schedule 3 The following table is small in size and has 3 columns. This table amends Schedule 3 of the Te Arawa Lakes Settlement Act 2006 and should be read with that table to provide understanding of the context. Lake Ōkaro Lake Okaro Recreation Reserve Gazette Gazette
45: Terrorism Suppression Act 2002
170: Principal Act
This Part Terrorism Suppression Act 2002 principal Act 2019-10-24 Terrorism Suppression Act 2002
171: Section 44 amended (Nature of suspicious property report)
1: In section 44(4) suspicious transaction report suspicious activity report
2: In section 44(5)(a) and (b) suspicious transaction report suspicious activity report
46: Veterans’ Support Act 2014
172: Principal Act
This Part Veterans’ Support Act 2014 principal Act 2019-10-24 Veterans’ Support Act 2014
173: Section 7 amended (Interpretation)
In section 7 working day
ba: the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
174: Section 31 amended (Indexation of certain entitlements in relation to New Zealand Consumers Price Index)
After section 31(1)(l)
la: the rates of annuities or allowances payable under section 29A of the War Pensions Act 1954 and Part 5A of the War Pensions Regulations 1956 ( see
175: Section 271 amended (Offence not to provide earnings information to VANZ)
Repeal section 271(1)(a)
176: Schedule 1 amended
In Schedule 1, after clause 2(1)
1A: However, the rates of annuities or allowances payable under subclause (1) must be adjusted in accordance with section 31(1)(la)
47: Winston Churchill Memorial Trust Act 1965
177: Principal Act
This Part Winston Churchill Memorial Trust Act 1965 principal Act 2019-10-24 Winston Churchill Memorial Trust Act 1965
178: Long Title repealed
Repeal the Long Title
179: New section 1A inserted (Purpose)
After section 1
1A: Purpose
The purpose of this Act is to establish and maintain a trust fund in order to benefit—
a: occupations, callings, trades, businesses, and professions carried on (or intended to be carried on) in New Zealand:
b: New Zealand generally:
c: the Commonwealth as a beneficial influence in world affairs.
180: Section 13 amended (Functions and powers of Board)
After section 13(1)(b)
ba: to increase public awareness of the Fund and to promote the other functions of the Board and the purpose of this Act:
181: Section 18 amended (Authorised expenditure)
1: In section 18(1) fund Fund
2: After section 18(1)(a)
aa: the payment of reasonable costs incurred in—
i: increasing public awareness of the Fund; and
ii: promoting the functions of the Board and the purpose of this Act:
182: Section 24 amended (Travelling allowances)
In section 24(2) funds of the Board, Fund
183: Section 25 amended (Unauthorised expenditure)
In section 25 its funds the Fund