1: Title
This Act is the Tariff (Trans-Pacific Strategic Economic Partnership) Amendment Act 2006.
2: Commencement
This Act comes into force on 1 May 2006.
3: Principal Act amended
This Act amends the Tariff Act 1988
4: Purpose
The purpose of this Act is to enable the conferral of preferential tariffs in accordance with the Trans-Pacific Strategic Economic Partnership Agreement.
5: Interpretation
Section 2(1) specified TPA party TPA
6: Application of Tariff
1: Section 7(1)
i: in the case of goods—
i: being the produce or manufacture of a specified TPA party; and
ii: being goods included in a Tariff item in respect of which a rate of duty is specified after the abbreviation TPA Preferential Tariff at the rate so specified.
2: Section 7
5: The Governor-General may, by Order in Council, declare a country to be a specified TPA party for the purposes of this Act if the country—
a: is a party to the TPA; or
b: is provisionally applying the terms of the TPA.
6: If, by an Order in Council made under subsection (5)
a: declare that, in relation to any specified Tariff items, any rate of duty or exemption from duty otherwise applicable to a specified TPA party is not to apply to that country:
b: modify the Tariff rates of duty applicable to goods from that country, in whole or in part.
7: No modification made under subsection (6)(b)
a: necessary or advisable in the public interest; and
b: consistent with New Zealand's international obligations.


Legal Services Amendment Act 2006

1: Title
This Act is the Legal Services Amendment Act 2006.
2: Commencement
1: This Act (except sections 30(2) 31 32 33 43
2: Sections 30(2) 31 32 33 43
3: Principal Act amended
This Act amends the Legal Services Act 2000
1: Amendments to principal Act
4: Interpretation
1: Section 4(1) aided person contribution disposable income
2: Section 4(1) aided person
a: means a person who is or has been granted legal aid under this Act or the former Act; and
b: includes a person whose grant of legal aid has been withdrawn under section 27 of this Act capital Schedule 1 cost of services
a: the fees of, or charges attributable to, the lead provider, as approved for payment under section 75
b: the fees of, or charges attributable to, any other listed provider who acted on the matter, as approved for payment under section 75
c: the disbursements claimed by the lead provider and any other listed provider who acted on the matter, as approved for payment under section 75 income Schedule 1 interim repayment section 15(1) prescribed repayment amount sections 17(1) and 18 proposed care recipient section 6(4) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 proposed patient section 2A of the Mental Health (Compulsory Assessment and Treatment) Act 1992 repayment section 15(2) .
5: Proceedings for which legal aid may be granted: civil matters
1: Section 7(4)(f) Residence Appeal Authority Residence Appeal Board
2: Section 7(4)
h: proceedings before a Commission of Inquiry under the Commissions of Inquiry Act 1908 Commissions of Inquiry Act 1908
6: New sections 8 and 9 substituted
Sections 8 9
8: When legal aid may be granted: criminal matters
1: The Agency may grant legal aid to an applicant in respect of proceedings to which section 6
a: the applicant is a natural person charged with or convicted of an offence; and
b: it appears to the Agency that the applicant does not have sufficient means to enable him or her to obtain legal assistance; and
c: either—
i: the offence to which the application relates is punishable by a maximum term of imprisonment of 6 months or more; or
ii: it appears to the Agency that the interests of justice require that the applicant be granted legal aid.
2: When considering whether or not the interests of justice require that the applicant be granted legal aid, the Agency must have regard to—
a: whether the applicant has any previous conviction; and
b: whether the applicant is charged with or convicted of an offence punishable by imprisonment; and
c: whether there is a real likelihood that the applicant, if convicted, will be sentenced to imprisonment; and
d: whether the proceedings involve a substantial question of law; and
e: whether there are complex factual, legal, or evidential matters that require the determination of a court; and
f: whether the applicant is able to understand the proceedings or present his or her own case, whether orally or in writing; and
g: in any proceeding to which section 6(c)
h: in respect of an appeal, the grounds of the appeal.
3: When considering whether or not the interests of justice require that the applicant be granted legal aid, the Agency may have regard to any other circumstances that, in the opinion of the Agency, are relevant.
4: When determining whether or not an applicant has sufficient means to enable him or her to obtain legal assistance, the Agency must have regard to the applicant's income and disposable capital.
5: Subsection (1)(c)(i)
a: an appeal; or
b: a proceeding to which section 6(c)
6: Despite subsection (1)(a) section 2(1) of the Children, Young Persons, and Their Families Act 1989
9: When legal aid may be granted: civil matters
1: The Agency must, subject to this section and sections 10 and 11 section 7
a: a natural person, whether resident in New Zealand or not; or
b: a trustee corporation (as defined in section 2(1) of the Administration Act 1969
2: The Agency must refuse to grant legal aid to an applicant whose income or disposable capital exceed the relevant thresholds prescribed in regulations made under this Act, unless the Agency is satisfied that there are special circumstances having regard to—
a: the likely cost of the proceedings to the applicant; or
b: the applicant's ability to fund the proceedings if legal aid is not granted.
3: The Agency must refuse to grant legal aid if the applicant has not shown that the applicant has reasonable grounds for taking or defending the proceedings or being a party to the proceedings.
4: The Agency may refuse to grant legal aid to an applicant in any of the following circumstances:
a: the Agency is unable to obtain full information concerning the applicant's financial affairs because of the default or failure of the applicant:
b: in the opinion of the Agency, the prescribed repayment amount will exceed the likely cost of the proceedings for which legal aid is sought:
c: the applicant is not resident in New Zealand and the Agency considers that the proceedings might reasonably be brought in a jurisdiction other than New Zealand:
d: in the case of original proceedings,—
i: the applicant's prospects of success are not sufficient to justify the grant of legal aid; or
ii: the grant of legal aid is not justified, having regard to the nature of the proceedings and the applicant's interest in them (financial or otherwise), in relation to the likely cost of the proceedings; or
iii: for any other cause where it appears unreasonable or undesirable that the applicant should receive legal aid in the particular circumstances of the case:
e: in the case of an appeal (whether or not in respect of proceedings in which the applicant has received legal aid), the Agency considers that for any reason the grant of legal aid or further legal aid is not justified.
5: The Agency may refuse to grant legal aid to an applicant in respect of any original proceeding under an enactment specified in Schedule 4
6: In determining under subsection (5)
a: any previous proceedings in the matter to which the application relates; and
b: any personal protection issues such as (without limitation) any orders relating to domestic violence, protection of personal property rights, compulsory treatment, or compulsory care; and
c: the interests and welfare of any other person who may be affected by the outcome of the proceedings; and
d: whether there are any complex factual, legal, or evidential matters that require the determination of a court; and
e: whether it is in the public interest that legal aid be granted.
7: To avoid doubt, legal aid in respect of civil proceedings is not available to any body of persons, whether corporate or unincorporate, except as provided in subsection (1) and section 42
8: Subsections (2), (4)(a) and (b)
9: Subsections (1), (2), and (4)(a) section 42
10: Subsection (4)(d)(i) Schedule 4
7: Other situations where legal aid refused or limited: civil matters
Section 10(1) paragraph (b)
b: is lawfully in New Zealand only by virtue of being the holder of a temporary permit or a limited purposes permit; or
c: is not in New Zealand and—
i: is not a New Zealand citizen; or
ii: does not hold a current returning resident's visa under section 14C of the Immigration Act 1987
8: New section 12 substituted
Section 12
12: Application for grant of legal aid
1: An application for a grant of legal aid—
a: must be made in the prescribed manner to the Agency; and
b: must include a statement of financial means in a form prescribed by the Agency; and
c: must, subject to subsection (2)
2: An application for a grant of legal aid may be made after the final disposition only if—
a: the Agency receives the application within 15 working days from the date of the final disposition; and
b: the Agency is satisfied that—
i: the application was delayed because of circumstances beyond the control of the applicant and the listed provider, and those circumstances could not have been reasonably anticipated; and
ii: the applicant and the listed provider took all reasonable steps to apply before the final disposition.
3: In this section, final disposition
9: Special provisions relating to minors and mentally disordered persons
1: Section 13(1)(a) contribution repayment
2: Section 13(4) contribution repayment
10: Decision on application for legal aid
Section 14(2)(b) and any other listed provider who may provide services under the grant
11: New section 15 substituted
Section 15
15: Conditions on grant of legal aid
1: A grant of legal aid may be subject to a condition that the aided person must pay to the Agency an interim repayment of a specified amount calculated in accordance with section 17
2: Every grant of legal aid is subject to the condition that the aided person must pay to the Agency a repayment calculated in accordance with section 18
3: A grant of legal aid may be subject to a condition that the aided person must authorise a charge to be registered in favour of the Agency over specified property of the aided person as security for the interim repayment, repayment, or both.
4: The Agency may lodge a caveat under section 137 of the Land Transfer Act 1952 subsection (3)
5: Subsection (1) subsection (3) subsection (1), and subsection (4)
a: do not apply to the maximum grant under section 20(4)
b: apply to an amendment under section 24(4) section 20(4)
6: This section does not apply to—
a: applications for legal aid under section 42
b: applications for legal aid by the proposed patient in proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992
c: applications for legal aid by the proposed care recipient in proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
12: New sections 17 and 18 substituted
Sections 17 18
17: Interim repayments payable
1: If an interim repayment is payable under a grant of legal aid, the Agency must determine the amount of the interim repayment by having regard to the prescribed repayment amount set by regulations made under this Act.
2: The Agency may require an aided person to start making interim repayments at any time after legal aid has been granted.
18: Amount of repayment payable
1: This section sets out the repayment payable by an aided person under section 15(2)
2: The repayment payable if the proceeds of proceedings are less than the cost of services is determined by—
a: adding the proceeds of proceedings and the prescribed repayment amount; and
b: subtracting from the amount obtained under paragraph (a)
i: the amount (if any) by which it exceeds the cost of services; and
ii: any interim repayment paid by the aided person; and
iii: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act.
3: The repayment payable if the proceeds of proceedings equal or exceed the cost of services is the cost of services minus—
a: any interim repayment paid by the aided person; and
b: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act.
4: The repayment payable if there are no proceeds of proceedings is the lesser of—
a: the cost of services minus—
i: any interim repayment paid by the aided person; and
ii: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act:
b: the prescribed repayment amount minus the amounts referred to in paragraph (a)(i) and (ii)
5: The prescribed repayment amount referred to in subsection (2)(a)
6: Subsection (4)
13: New section 22 substituted
Section 22
22: Agency to be notified of change in circumstances
1: An aided person (and any person acting for an aided person as a lawyer, next friend, guardian ad litem, or in any other capacity) must notify the Agency of the following:
a: any increase in the income or disposable capital of (or being treated as being of) the aided person by an amount that could affect the aided person's eligibility for legal aid:
b: any change to the address of the aided person (and the person acting for the aided person, if applicable).
2: A person applying for legal aid (in this section, the applicant
a: any increase in the income or disposable capital of (or being treated as being of) the applicant by an amount that could affect the applicant's eligibility for legal aid:
b: any change to the applicant's address.
3: A person who is no longer an aided person, but who becomes aware that he or she, while an aided person, received an increase in his or her income or disposable capital that could have affected his or her eligibility for legal aid, must notify the Agency of that fact as soon as practicable.
4: For the purposes of subsection (1) subsection (1)
14: Agency to keep aided person informed
1: Section 23(1) paragraph (d)
d: when the repayment payable (as determined under section 18
e: when an amendment is made to the maximum grant of legal aid.
2: Section 23(2) paragraph (a)
a: a statement of any amounts currently owing by the aided person, whether as an interim repayment or a repayment; and .
15: New section 23A inserted
The following section is inserted after section 23
23A: Private mediation
1: In this section, private mediation
a: ordered by a court; or
b: part of a court process or proceeding; or
c: part of a dispute resolution process under any enactment.
2: The Agency may fund legal services related to private mediation in respect of any matter for which legal aid may be granted under section 7
a: the matter is suitable for private mediation; and
b: there is a reasonable likelihood that private mediation will resolve the dispute or part of the dispute.
16: New section 24 substituted
Section 24
24: Application for amendment to grant of legal aid
1: An application for an amendment to a grant of legal aid—
a: must be made by either the aided person or the listed provider; and
b: must be made in the prescribed manner to the Agency; and
c: must, subject to subsection (2)
2: An application for an amendment to a grant of legal aid may be made after the final disposition only if—
a: the Agency receives the application within 15 working days from the date of the final disposition; and
b: the Agency is satisfied that—
i: the application was delayed because of circumstances beyond the control of the applicant and the listed provider, and those circumstances could not have been reasonably anticipated; and
ii: the applicant and the listed provider took all reasonable steps to apply before the final disposition.
3: Following an application for amendment to a grant of legal aid, the Agency may confirm the grant or amend it in any manner consistent with this Act and any regulations made under it.
4: However, the Agency may, on an application under this section, amend the maximum grant under section 20(4) section 9(2)
5: The Agency may, in either or both of the following circumstances, refuse to amend under subsection (4) section 20(4)
a: the Agency is unable to obtain full information concerning the applicant's financial affairs, because of the default or failure to the applicant:
b: if, in the opinion of the Agency, the prescribed repayment amount will exceed the likely cost of the proceedings.
6: In this section, final disposition
17: New section 25 substituted
Section 25
25: Withdrawal of, or amendment to, grant of legal aid: criminal matters
In relation to a criminal matter, the Agency may at any time—
a: withdraw legal aid from, or amend a grant of legal aid to, an aided person if—
i: the Agency is satisfied that the aided person has sufficient means to enable the person to obtain legal assistance and representation; or
ii: the Agency considers that the interests of justice no longer require that legal aid be given to the person; or
iii: the aided person requests it; or
b: amend the conditions on a grant of legal aid (other than the condition referred to in section 15(2)
18: Withdrawal of, or amendment to, grant of legal aid: civil matters
1: Section 26(1) paragraph (a)
a: the grant of legal aid includes a condition that the aided person pay an interim repayment, and payment of that interim repayment is—
i: more than 21 days in arrears; or
ii: unpaid by any date to which the Agency has extended the time for paying the interim repayment: .
2: Section 26(2) at any time In relation to a civil matter, the Agency may
3: Section 26
3: In relation to a civil matter, the Agency may at any time amend the conditions on a grant of legal aid (other than the condition referred to in section 15(2)
19: New section 27 substituted
Section 27
27: Withdrawal of grant
1: This section applies when the Agency proposes (other than with the agreement, or at the request, of the aided person) to withdraw a grant of legal aid, under section 25 or section 26
2: A grant of legal aid must not be withdrawn until—
a: notice of intention to withdraw the grant has been given to the aided person and the lead provider; and
b: the aided person has been given a reasonable opportunity under the notice to make submissions on why the grant should not be withdrawn in the manner indicated; and
c: the Agency has considered any submission by or on behalf of the aided person.
3: If a grant is withdrawn, the Agency must immediately notify the aided person and the lead provider of—
a: the date on which the withdrawal takes effect, which must be a date on or after the date on which the Agency reasonably believes the aided person will receive the notice; and
b: the reasons for the withdrawal; and
c: the aided person's rights to seek a reconsideration under section 29 section 54
20: Consequences of withdrawing legal aid
Section 28 subsections (2) (3)
2: If legal aid is withdrawn from an aided person because of an increase in the person's income or disposable capital, the Agency may recover from the aided person any amount paid or payable by the Agency under the grant (less any interim repayment already paid by the person) in respect of the period—
a: beginning on or after the date on which the person first received the increase to the person's income or disposable capital that has affected entitlement to legal aid; and
b: the date of withdrawal of legal aid.
3: Any amount recoverable by the Agency under subsection (2)
21: Amount payable by aided person to Agency
1: Section 30(a) contributions interim repayments
2: Section 30(b) 18(1) 18
22: New sections 31 and 31A substituted
Section 31
31: Amounts payable under conditions of grant are debts due to Agency
1: An amount payable to the Agency as a condition of a grant of legal aid (whether as an interim repayment or a repayment) is a debt due to the Agency, and may be recovered in any court or tribunal of competent jurisdiction.
2: Interest that is payable under section 35A
3: The Agency may, by agreement with the aided person, make whatever arrangements (including any adjustments to those arrangements) it considers appropriate for the payment by the aided person of any amount payable under a grant of legal aid, or any other debt payable to the Agency by the aided person.
4: In making any arrangements under subsection (3)
a: any debt that is to be paid from the aided person's income should be paid by the aided person within 5 years from when the debt arises:
b: any debt that is to be paid from the aided person's income and capital should be paid by the aided person within 7 years from when the debt arises.
5: Despite subsection (4)
31A: Agency may adjust rate of payment of debt, etc
1: The Agency may, in accordance with this section,—
a: adjust the rate of payment of a debt by an aided person; or
b: require an aided person to commence or recommence payment of a debt.
2: The Agency must not make a decision under subsection (1)(a) or (b)
a: the Agency considers, in light of new information, that the decision is justified; and
b: reasonable efforts to reach agreement with the aided person have failed.
3: No adjustment to the rate of payment of a debt may be made until the Agency—
a: notifies the aided person in writing of its intention to make the adjustment; and
b: provides the aided person with reasons for the proposed adjustment; and
c: gives the aided person a reasonable opportunity to make submissions on why the adjustment should not be made in the manner indicated; and
d: considers any submissions by the aided person.
4: The Agency may not require an aided person to commence or recommence payment of a debt until the Agency—
a: notifies the aided person in writing of its intention to require the aided person to commence or recommence payment of the debt; and
b: provides the aided person with reasons why payment of the debt should commence or recommence; and
c: gives the aided person a reasonable opportunity to make submissions on why the person should not commence or recommence payment of the debt in the time indicated; and
d: considers any submissions by the aided person.
5: If the Agency decides to adjust the rate of payment of a debt or require an aided person to commence or recommence payment of a debt, the Agency must notify the aided person in writing of—
a: its decision; and
b: the aided person's right to seek a reconsideration under section 29 section 54
c: the date on which the decision takes place (which must be no earlier than the day after the date that the Agency reasonably believes the aided person will receive notice under this subsection).
23: Charges on proceeds of proceedings
Section 32(1) paragraph (a)
24: New section 35A inserted
The following section is inserted after section 35
35A: Interest on unpaid legal aid debt
1: The Agency may require an aided person who defaults on the payment of a debt due to the Agency to pay interest on the entire unpaid debt in respect of the period during which the aided person is in default.
2: Any interest charged by the Agency under subsection (1)
25: New section 37 substituted
Section 37
37: Agency may write off amounts payable
1: The Agency may write off all or any part of any interim repayment, repayment, interest, or any other debt payable to the Agency by an aided person in any of the following circumstances:
a: the enforcement of the debt would, in the opinion of the Agency, cause serious hardship to the aided person:
b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid:
c: the Agency considers that it would be just and equitable to write off the debt.
2: When a debt has been written off under this section, the Agency must give notice to the debtor of the write-off.
3: When a debt is written off under this section, the debtor is, from the date of the write-off, no longer liable to pay the debt.
4: If, despite the write-off, a debtor repays some or all of a written-off debt, the Agency must return the amount that was written off.
5: The write-off of a debt does not affect the Agency's obligation to pay any person who provided legal services under the relevant grant of legal aid.
6: In subsection (1) serious hardship
a: the aided person's inability to meet minimum living expenses according to normal community standards; or
b: the cost of medical treatment of an illness or injury of the aided person or the aided person's dependant; or
c: a serious illness suffered by the aided person or the aided person's dependant.
26: Aided person may request examination of cost of services
Section 38(1) (as defined in section 18(2)
27: Agency to refund excess payments
Section 39(b) as defined in section 18(2)
28: New sections 40 and 41 substituted
Sections 40 41
40: Liability of aided person for costs
1: If an aided person receives legal aid for civil proceedings, that person's liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute.
2: No order for costs may be made against an aided person in a civil proceeding unless the court is satisfied that there are exceptional circumstances.
3: In determining whether there are exceptional circumstances under subsection (2)
a: any conduct that causes the other party to incur unnecessary cost:
b: any failure to comply with the procedural rules and orders of the court:
c: any misleading or deceitful conduct:
d: any unreasonable pursuit of 1 or more issues on which the aided person fails:
e: any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution:
f: any other conduct that abuses the processes of the court.
4: Any order for costs made against the aided person must specify the amount that the person would have been ordered to pay if this section had not affected that person's liability.
5: If, because of this section, no order for costs is made against the aided person, an order may be made specifying what order for costs would have been made against that person with respect to the proceedings if this section had not affected that person's liability.
6: If an order for costs is made against a next friend or guardian ad litem of an aided person who is a minor or is mentally disordered, then—
a: that next friend or guardian ad litem has the benefit of this section; and
b: the means of the next friend or guardian ad litem are taken as being the means of the aided person.
41: Costs of successful opponent of aided person
1: This section applies if an order is made under section 40
2: If this section applies, the party to the proceedings who is prejudiced by the operation of section 40 applicant section 40
3: In considering any such application, the Agency must have regard to the following matters:
a: the conduct of the parties to the proceedings:
b: the court's findings under section 40(2)
c: the hardship that would be caused to the applicant if the costs were not paid by the Agency.
4: For the purposes of subsection (3)(c)
5: If, having regard to the matters specified in subsection (3) subsection (4)
6: The Agency may recover any payment made under this section from the aided person as a debt due to the Agency, unless the payment relates to an order made under section 40(5)
7: The Agency may make a payment under this section to a lawyer who is not a listed provider under this Act.
29: New section 45 substituted
Section 45
45: Repayment under grant of legal aid
1: A condition requiring repayment of an amount under a grant of legal aid made under section 42
2: The applicant, or any person or body whose resources are taken into account for the purposes of making a determination referred to in section 43(1)
3: The total of the repayment required to be paid under a grant of legal aid made under section 42
a: the resources of the applicant and the financial resources of those persons and bodies whose resources are so taken into account; and
b: the likely cost of the proceedings.
4: Every repayment required in accordance with this section under a grant of legal aid is recoverable in the same way as any other repayment required to be paid under this Act.
30: Grounds for review
1: Section 54(2) paragraph (c)
c: any amount payable by an aided person, whether as an interim repayment or repayment, under a grant of legal aid: .
2: Section 54 subsection (4)
4: A party who has applied to the Agency for payment of costs under section 41 section 41
a: manifestly unreasonable; or
b: wrong in law.
5: In this section, decision
31: Powers and duties of Convenor of Review Panel on receipt of application for review
Section 55A
3: The Convenor may be a member of any team reviewing a decision.
32: Establishment and membership of Legal Aid Review Panel
Section 62
8: The primary function of the Convenor of the Review Panel is to ensure that the Review Panel carries out its functions in accordance with this Act in an efficient and effective manner.
9: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member's successor is appointed; or
c: the Attorney-General informs the member by written notice (with a copy to the Convenor of the Review Panel) that the member is not to be reappointed and no successor is to be appointed at that time; or
d: either subsection (6) or subsection (7)
33: New section 64A inserted
The following section is inserted after section 64
64A: Liability of Review Panel
1: The Review Panel and members, employees, and agents of the Review Panel are not under any criminal or civil liability in respect of—
a: any act done or omitted in the course of the performance or exercise, or intended performance or exercise, of any of its functions, duties, or powers under this Act; or
b: any words spoken or written at, or in connection with, any review, determination, or direction to reconsider under this Act.
2: This section does not exclude the liability of any person for anything done or omitted in bad faith.
34: New section 68 substituted
Section 68
68: Listed providers to protect Agency's interests in relation to charges and proceeds of proceedings
1: This section applies to every person who provides legal services under a grant of legal aid.
2: Every person to whom this section applies—
a: must take all reasonable steps to protect the interests of the Agency under a charge in favour of the Agency, whether the charge—
i: is registered in accordance with a condition imposed under section 15(3)
ii: arises by operation of section 32
b: has a duty not to do or permit anything that would or might effect the transfer of property subject to a charge in favour of the Agency; and
c: must advise the Agency if he or she is aware that the aided person has avoided, is avoiding, or is attempting to avoid making payments to the Agency from proceeds of proceedings.
3: For the purposes of subsection (2)(c) subsection (2)(c)
4: If a person to whom this section applies fails to fulfil his or her duties under this section, the money that should have been paid to the Agency under a charge or from proceeds of proceedings, may be deducted from any money owing by the Agency to that person.
35: New section 72A inserted
The following section is inserted after section 72
72A: Temporary suspension of listing
1: The Agency may temporarily suspend any 1 or more approvals in a person's listing if—
a: the person is charged with an offence or is subject to disciplinary procedures under the Law Practitioners Act 1982
b: the Agency considers that this will have an adverse effect on—
i: the interests of aided persons (whether generally or in a particular case); or
ii: the integrity of legal aid schemes generally.
2: The Agency may temporarily suspend an approval under this section for a specified period of time, or until the outcome of the matter that the person is charged with or subject to.
3: The effect of the temporary suspension of approval is that the person ceases to be approved to provide the relevant service, and the Agency is not obliged to pay for any services of that kind provided after the date on which the temporary suspension takes effect.
4: The temporary suspension takes effect on the date given in a written notice to the person subject to the temporary suspension, which must be a date on or after the date on which the Agency reasonably considers the person will receive the notice.
5: The written notice must specify the grounds for the temporary suspension.
6: A person who receives a notice of temporary suspension may seek a review of that decision by the Agency, and is entitled to make submissions and be heard at any such review.
7: If a review is requested, the Agency must conduct the review as soon as practicable and make a final decision.
36: New section 73 substituted
Section 73
73: Cancellation of listing
1: The Agency may cancel 1 or more of the approvals in a person's listing on any of the following grounds:
a: the person has been convicted of an offence under section 111 or section 112
b: the Agency is satisfied that the approval was given by mistake:
c: the person, in relation to 1 or more approvals, does not meet the listing criteria for that approval, whether those criteria were adopted before or after the approval was given:
d: the person is not providing, or has not provided, the service for which he or she is approved to a standard that is acceptable to the Agency:
e: the person has filed for bankruptcy:
f: the person has failed to comply with 1 or more of the conditions of approval imposed under section 69(2)
g: the person has failed to comply with or fulfill requirements under any of sections 66, 67, 68, or 79
h: the person is convicted of an offence, or subject to an order made under section 106 or section 112 of the Law Practitioners Act 1982
2: The effect of the cancellation of approval is that the person ceases to be approved to provide the relevant service, and the Agency is not obliged to pay for any services of that kind provided after the date on which the cancellation takes effect.
3: The cancellation takes effect on the date given in a written notice to the person subject to the cancellation, which must be a date on or after the date on which the Agency reasonably considers the person will receive the notice.
4: The written notice must specify the grounds for the cancellation.
5: A person who receives a notice of cancellation may seek a review of that decision by the Agency, and is entitled to make submissions and be heard at any such review.
6: If a review is requested, the Agency must conduct the review as soon as practicable and make a final decision.
37: New section 92A inserted
The following section is inserted after section 92
92A: Agency to review payment of legal services
1: The Agency must from time to time review its rates of payment in respect of legal services provided under this Act by listed providers on a contract for services.
2: Subsection (1)
38: Annual report
Section 102(1)(c) contributions interim repayments
39: Disclosure of information
Section 109 subsection (5)
5: Despite subsection (2) confidential without prejudice
a: the aided person's grant of legal aid is in respect of a civil matter; and
b: the purpose of the disclosure is to inform the Agency of matters relevant to the withdrawal or amendment of legal aid on the grounds set out in section 26(2)(d)
40: New section 109A inserted
The following section is inserted after section 109
109A: Agency may require financial information
1: The Agency may require an aided person or applicant for legal aid to provide up-to-date information about the person's financial means if the Agency requires the information to make any decision under this Act.
2: The Agency may seek verification from a third party of any information provided under this section, but must not seek verification until it has notified the aided person or applicant that it intends to do so.
41: Misrepresentation, etc
Section 110 subsection (1)
1: Every aided person or applicant for legal aid commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who—
a: fails without reasonable excuse to comply with any provision of this Act, or of any regulation made under it, requiring the person to furnish information or answer questions or produce any document or thing; or
b: knowingly provides false and misleading information, or knowingly answers any question in a false or misleading way; or
c: intentionally avoids payment of the Agency's interest in any proceeds of proceedings.
42: New section 113 inserted
Section 113
113: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: determining the amount or amounts payable by an aided person (other than as a repayment under section 42
i: prescribing the amount or amounts, or a method of calculating an amount or amounts, payable by an aided person as an interim repayment:
ii: prescribing the amount or amounts, based on income and capital, payable by an aided person as a repayment:
iii: prescribing a method of calculating an amount or amounts, based on income and capital, payable by an aided person as a repayment:
b: prescribing a method or methods for calculating what maximum grant, if any, should be set under a grant of legal aid in respect of proceedings other than victims' claims proceedings:
c: prescribing for the purposes of section 20(4)
d: determining whether a person is eligible for legal aid by—
i: prescribing maximum levels of income and disposable capital:
ii: prescribing a method of assessing financial means:
e: prescribing allowances for use in calculating a person's disposable capital:
f: prescribing deductions that may be made from the cost of services for the purpose of determining the repayment payable by an aided person under a grant of legal aid:
g: prescribing the manner in which applications for, and grants of, legal aid in respect of minors, and other people with special requirements, are to be dealt with:
h: prescribing a class or classes of defendants to whom priority must be given under the duty solicitor scheme or for whom services may be limited:
i: prescribing conditions relating to the delivery of services under any scheme:
j: making provision, in respect of the calculation of the income, disposable capital, or capital of an applicant for legal aid, for all or any of the following:
i: taking into account fluctuations of income:
ii: determining the value of any property:
iii: including in the resources of the applicant any property that has been disposed of:
iv: excluding from the resources of the applicant any liabilities incurred by the applicant for no consideration, or for a grossly inadequate consideration:
v: taking into account any benefit to which the applicant is entitled or which the applicant might receive in connection with property held on trust:
k: prescribing matters relating to the way in which the Agency administers charges, including prescribing maximum rates of interest that may be charged:
l: prescribing amounts or methods for calculating the cost of services:
m: prescribing the rate of interest that may be charged for the purposes of section 35A
n: increasing, or prescribing a method for increasing, the maximum amount of income or disposable capital for the purposes of determining a person's eligibility for legal aid:
o: adjusting, or prescribing a method for adjusting, the maximum amount of repayments for the purposes of section 17
p: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
2: When prescribing amounts, or methods of calculating amounts, regulations made under this section may—
a: distinguish between applicants for legal aid on any grounds, for example, the type of proceedings to which the application relates, or the level of income or disposable capital of the applicant; or
b: distinguish between aided persons on any grounds, for example, the type of proceedings to which the grant relates, or the level of income, disposable capital, or capital of the aided person.
3: When prescribing an amount or method of calculating the cost of services, regulations may distinguish between applicants for legal aid or aided persons on the basis of the contract held by the provider.
4: When prescribing maximum levels of income for the purpose of determining an applicant's eligibility for legal aid or when prescribing the maximum amount of repayments payable by an aided person, regulations may take into account whether the applicant or aided person has—
a: a spouse or partner:
b: any dependent children, and the number of dependent children.
5: If regulations made under subsection (1) subsection (1) paragraph (a) or paragraph (b)
a: the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on the date that the Legal Services Amendment Act 2006 comes into force is 5% or more:
b: the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on the date when the requirement to make the immediately preceding adjustment under this subsection arose is 5% or more.
6: For the purposes of any adjustment required under subsection (5)
7: Any adjustment required by subsection (5) subsection (1)
43: Legal aid granted under Legal Aid Act 1969
Section 116A subsection (2)
2: All charges created by or under the Legal Aid Act 1969
3: Neither the Registrar-General of Land nor any other person charged with keeping any records or registers is obliged, solely by reason of this section, to change the name in those records or registers or in any document.
4: It is sufficient proof in the absence of evidence to the contrary, that a charge is vested in the Agency if a person presents to a registrar or any other person a document purporting to be a charge or copy of a charge created by or under the Legal Aid Act 1969
5: A charge created by or under the Legal Aid Act 1969 section 32 of this Act
6: The provisions of this Act, so far as they are applicable and with any necessary modifications, apply to the charge; and the Agency may, for the purposes of subsection (1)
a: transfer the charge in accordance with section 34
b: enforce the charge in accordance with section 35
c: write off the amounts secured by the charge in accordance with section 37
44: Repayments in respect of certain legal aid granted under former Act
Section 117A(4) (as it read before the commencement of the Legal Services Amendment Act 2006)
45: New Schedule 1 substituted
Schedule 1 Schedule 1
46: New Schedule 4 added
The Schedule 4 set out in Schedule 2
2: Transitional provisions
47: Applications for legal aid and grants of legal aid made before commencement of this Act
1: In this section and section 48 commencement date
2: The provisions of the Legal Services Amendment Act 2006 do not affect applications for legal aid or grants of legal aid made before the commencement date, except as provided in this section and section 48
3: Sections 40 41 section 28
4: Section 116A(2) section 43 Legal Aid Act 1969
48: Transitional provisions in relation to providers of legal services, etc
1: Section 68 section 34
2: Section 72A of the principal Act (as inserted by section 35 section 73 section 36


Crimes Amendment Act 2006

1: Title
This Act is the Crimes Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes Act 1961
4: Warrant to collect fine or other sum of money ordered to be paid
1: Section 19C(2) or bailiff constable
2: Section 19C
3: In this section and section 19D bailiff section 15 of the District Courts Act 1947
5: Execution
Section 19D or bailiff constable


Customs and Excise Amendment Act 2006

1: Title
This Act is the Customs and Excise Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Customs and Excise Act 1996
4: New sections 280C to 280F inserted
The following sections are inserted after section 280B
280C: Interpretation
In sections 280D and 280E authorised officer
a: means any officer, employee, or agent of the Department who is authorised by the chief executive of the Department to supply information to, or receive information from, the chief executive of the Customs under section 280D
b: includes any sworn member of the police Department fine
a: a fine within the meaning of section 79 of the Summary Proceedings Act 1957
b: a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961
c: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 fines enforcement action identifying information reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002 serious default
a: the person owes—
i: an amount of $1,000 (or any other amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation; and
b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a)
c: the warrant has not been withdrawn or executed.
280D: Disclosure of arrival and departure information for fines enforcement purposes
1: The purpose of this section is to facilitate the exchange of information between the Customs and the Department to enable—
a: the Department to locate any person who is in serious default in the payment of any fine; and
b: appropriate fines enforcement action to be taken against that person.
2: For the purpose of this section, an authorised officer may supply to the chief executive of the Customs any identifying information about a person who is in serious default.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2)
4: If the Customs has information relating to a person who is in serious default, the chief executive of the Customs may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Customs:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: the person's nationality:
f: if the person arrived or, as the case may be, departed by aircraft, the flight number of the aircraft:
g: if the person arrived or, as the case may be, departed by ship, the name of the ship:
h: the date on which the person arrived in, or (as the case may be) departed from, New Zealand.
5: The chief executive of the Customs and the chief executive of the Department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
280E: No Crown liability to third parties for fines enforcement action
1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter
a: after the arrival of the alleged defaulter in New Zealand; or
b: before the departure of the alleged defaulter from New Zealand.
2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1)
3: Nothing in subsection (2)
280F: Customs may supply information concerning specified fines defaulters to chief executive of Department of Labour
1: The chief executive of the Customs may supply to the chief executive of the Department of Labour the following information about a person who is a specified fines defaulter:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: notice of the fact that the person is a specified fines defaulter.
2: The information given under subsection (1)
a: may be given in any form and by any method agreed upon by the chief executive of the Department (as that term is defined in section 280C
b: may, in whole or in part, be in the form of a code representing the information.
3: In this section,— fine section 280C section 21(5), (5A), or (9) of the Summary Proceedings Act 1957 specified fines defaulter
a: who owes—
i: an amount of $5,000 (or any other amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation within the meaning of that term in section 280C
b: for whom a warrant to arrest has been issued (and not withdrawn or executed) in respect of the non-payment of the whole or any part of any amount referred to in paragraph (a)


District Courts Amendment Act 2006

1: Title
This Act is the District Courts Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the District Courts Act 1947
4: Where judgment debtor does not appear at examination or order cannot be served
1: Section 84C(1) a Judge, or if a Judge is not available, a Registrar, a Judge or a Registrar
2: Section 84C(2) paragraph (d)
d: if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any member of the police or any bailiff may take the bail bond of the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 section 21(1) of that Act
5: Interpretation
Section 84F salary or wages paragraph (a)
ab: a bonus or an incentive payment:
ac: a payment of commission:
ad: a payment in consideration of work performed under a contract for services: .
6: Extent to which attachment orders bind the Crown
Section 84L(4) paragraph (a)
a: service of the order must be effected by leaving a copy of the order at, or sending a copy of the order by post to,—
i: the District Office of that department nearest to the judgment debtor's place of residence; or
ii: an address notified by the chief executive of that department to the chief executive of the Ministry of Justice; and .
7: Contempt procedures
Section 84O(6) paragraph (c)
c: if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any member of the police or any bailiff may take the bail bond of the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 section 21(1) of that Act
8: Judgment debtor undergoing periodic detention to be discharged on payment
The heading to section 84Q undergoing periodic detention doing community work


Immigration Amendment Act 2006

1: Title
This Act is the Immigration Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Immigration Act 1987
4: New sections 141AD to 141AG inserted
The following sections are inserted after section 141AC
141AD: Interpretation
In sections 141AE and 141AF authorised officer section 141AE Department fine
a: a fine within the meaning of section 79 of the Summary Proceedings Act 1957
b: a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961
c: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 fines enforcement action identifying information reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002 serious default
a: the person owes—
i: an amount of $1,000 (or any other lesser amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation; and
b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a)
c: the warrant has not been withdrawn or executed.
141AE: Disclosure of immigration information for fines enforcement purposes
1: The purpose of this section is to facilitate the exchange of information between the Department of Labour and the Department to enable—
a: the Department to locate any person who is in serious default in the payment of any fine; and
b: appropriate fines enforcement action to be taken against that person.
2: For the purpose of this section, an authorised officer may supply to the Secretary of Labour any identifying information about a person who is in serious default.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2)
4: If the Department of Labour has immigration information relating to a person who is in serious default, the Secretary of Labour may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Department of Labour:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's nationality:
e: the person's address (if known):
f: the person's occupation (if known):
g: the expiry date of any permit granted to the person (if applicable):
h: the date that the person is expected to return to New Zealand (if applicable).
5: The Secretary of Labour and the chief executive of the Department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
141AF: No Crown liability to third parties for fines enforcement action
1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter
a: after the arrival of the alleged defaulter in New Zealand; or
b: before the departure of the alleged defaulter from New Zealand.
2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1)
3: Nothing in subsection (2)
141AG: Chief executive of Department of Labour may supply information concerning specified fines defaulters to commercial carriers
1: This section applies if information is supplied to the chief executive under section 280F(1) of the Customs and Excise Act 1996
2: The chief executive may supply the information to any person or persons concerned with the movement of persons out of New Zealand.
3: The information given under subsection (2)
a: may be given in any form and by any method that the chief executive thinks appropriate; and
b: may, in whole or in part, be in the form of a code representing the information.
4: In this section,— person concerned with the movement of persons out of New Zealand specified fines defaulter section 280F of the Customs and Excise Act 1996


Misuse of Drugs Amendment Act 2006

1: Title
This Act is the Misuse of Drugs Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Misuse of Drugs Amendment Act 1978
4: Enforcement of fines imposed in High Court
Section 43
2: In this section and section 46 Registrar
a: means any Registrar of the High Court or of the District Court; and
b: includes any Deputy Registrar.


Privacy Amendment Act 2006

1: Title
This Act is the Privacy Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Privacy Act 1993
4: Notice of adverse action proposed
1: Section 103(1) subsections (1A), (1B), and (2) subsections (1A) to (2A)
2: Section 103
2A: Nothing in subsection (1) section 280D of the Customs and Excise Act 1996
a: informed of the intention to execute the warrant; and
b: given an opportunity to confirm—
i: whether or not he or she is the individual named in the warrant; and
ii: that neither of the following circumstances applies:
A: the fine has been paid:
B: an arrangement to pay the fine over time has been entered into.
3: Section 103
5: In this section,— bailiff fine
a: a fine within the meaning of section 79 of the Summary Proceedings Act 1957
b: a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961
c: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002
5: Schedule 3 amended
Schedule 3
a: omitting from the item relating to the Customs and Excise Act 1996 Sections 280 and 280B Sections 280 to 280D
b: omitting from the item relating to the Immigration Act 1987 141A 141A, 141 AD, and 141AE


Sentencing Amendment Act 2006

1: Title
This Act is the Sentencing Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Sentencing Act 2002
4: New sections 145A to 145D inserted
The following sections are inserted after section 145
145A: Manner in which amounts of reparation must be applied in cases involving same offence
1: This section applies if a person (the liable person
2: Any payments received from the liable person must be applied, as between the persons in whose favour the sentence of reparation or order of reparation (or both) was made, in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentence or order (or both or if there was no such order, in equal amounts).
3: Subsection (2)
145B: Manner in which amounts of reparation must be applied in cases involving different offences
1: This section applies—
a: if a person (the liable person
b: if the liable person is later required to pay an amount of reparation to another person or other persons in relation to another offence; and
c: if both the amounts referred to in paragraphs (a) and (b)
d: whether the requirements to pay the amounts referred to in paragraphs (a) and (b)
2: For the purpose of subsection (1) subsection (1)(b) subsection (1)(a)
3: Any payments received from the liable person must, in respect of 1 or more sentences of reparation or orders of reparation (or both) imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 145A
a: as between the persons in whose favour the sentences of reparation or orders of reparation (or both) were made; and
b: in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentences or orders (or both).
4: Any payments received from the liable person must, in respect of sentences of reparation or orders of reparation (or both) imposed on the liable person on different days, be applied (in accordance with section 145A or subsection (3)
5: After the amount of reparation referred to in subsection (4) section 145A or subsection (3)
6: This section applies subject to any contrary direction by a court.
145C: No Crown liability for error, etc, in applying payments of amounts of reparation
The Crown is not liable to any person for any error, omission, or delay in applying any payment of an amount of reparation in accordance with section 145A or section 145B
145D: Definitions for sections 145A to 145C
In sections 145A to 145C amount of reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation order of reparation
a: an order made under section 106, section 108, or section 110
b: an order made in respect of a child, or any parent or guardian of that child, under section 84(1)(b) of the Children, Young Persons, and Their Families Act 1989
c: an order made in respect of a young person, or any parent or guardian of that young person, under section 283(f) or (g) of the Children, Young Persons, and Their Families Act 1989
d: an order that—
i: requires the payment of any amount as compensation or restitution to the victim of an offence against any enactment; and
ii: is declared by the Governor-General, by Order in Council, to be an order of reparation for the purposes of sections 145A to 145C


Summary Proceedings Amendment Act 2006

1: Title
This Act is the Summary Proceedings Amendment Act 2006.
2: Commencement
1: This Act (except sections 4 to 41
2: Sections 4 5 9 to 27 28(1) (3) 29 30 34 to 37 39 to 41
3: Any provision referred to in subsection (2)
4: Sections 6 7 8 28(2) 31 32 33 38
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957
4: Interpretation
Section 2(1) paragraphs (f) to (g) infringement notice
f: section 66 of the Dog Control Act 1996
g: section 139 of the Land Transport Act 1998
h: section 260A of the Fisheries Act 1996
i: section 162 of the Animal Welfare Act 1999
j: section 357 of the Gambling Act 2003
k: any provision of any other Act providing for the use of the infringement notice procedure under section 21 .
5: Summary procedure for infringement offences
1: Section 21(2) in the prescribed form containing that contains
2: Section 21 subsection (2)
2AA: The reminder notice referred to in subsection (2) and subsection (3C)
a: if a form has been prescribed in any other Act or in regulations made under any other Act for the relevant infringement offence or the relevant class of infringement offences, be in that form; or
b: if no form has been so prescribed, be in the general form prescribed in regulations made under this Act.
3: Section 21(2A) the Land Transport Act 1998 any Act or in any regulations made under that Act is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act or those regulations
4: Section 21(3) and the full address at which the reminder notice was served
5: Section 21(3D) and the full address at which the reminder notice was served, service of the reminder notice,
6: Summary procedure for infringement offences
1: Section 21(1)(b) filing in a Court a copy of a reminder notice, or a notice of hearing providing particulars of a reminder notice in accordance with subsections (4) and (4A)
2: Section 21 subsection (3) section 5
3: The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A)
a: a reminder notice has been served under subsection (2)
b: on the expiration of 28 days from the date of service of that notice,—
i: the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and
ii: the informant has not received at that address a notice requesting a hearing in respect of the offence.
3: Section 21(3A)(a) filed in a Court a copy of a reminder notice under subsection (3) provided particulars of a reminder notice under subsection (3) subsections (4) and (4A)
4: Section 21 subsection (3D) section 5
3D: The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A)
a: a reminder notice has been served under subsection (3C)(b)
b: on the expiration of 28 days from the date of service of that notice, the infringement fee for the infringement offence has not been paid to the informant at the address specified in the notice.
5: Section 21 subsections (4) (5) (5A)
4: For the purposes of subsections (1), (3), and (3D) and subsections (4A) to (5A) particulars of a reminder notice
a: the contents of the reminder notice, or such parts of the reminder notice that are prescribed as the particulars for the purposes of this subsection; and
b: any particulars relating to the service of the infringement notice and reminder notice that may be prescribed; and
c: any other particulars that may be prescribed.
4A: The particulars described in subsection (4)
a: must be provided by the informant in electronic form in a manner and by means of an electronic system approved by the chief executive of the Ministry of Justice; and
b: once provided, must, for the purposes of any enactment or rule of law, be treated as information held in a Court in relation to its judicial functions.
4B: Particulars of a reminder notice provided under subsection (3) or subsection (3D) subsection (4A) subsection (4)(a) and (b)
4C: When particulars of a reminder notice provided under subsection (3) or subsection (3D) subsection (4B) subsection (4)(a) and (b)
5: If, following the verification under subsection (4B) subsection (3)
5A: If, following the verification under subsection (4B) subsection (3D)
5AB: An order under subsection (5) or subsection (5A) subsection (4C)
7: New section 21A inserted
The following section is inserted after section 21
21A: Evidence of particulars of reminder notice deemed to have been filed in Court by electronic means
In any proceedings, a computer printout of the particulars of a reminder notice deemed to have been filed in a Court under section 21(4C)
a: those particulars having been provided and verified in accordance with section 21
b: the reminder notice deemed to have been filed in a Court and the order deemed to have been made as a consequence.
8: Criminal Records
Section 71 subsection (1A)
1B: Subsection (1) section 21(3) or (3D)
9: New section 78B substituted
Section 78B
78B: Power to correct irregularities in proceedings for infringement offences
1: This section applies if a defendant is deemed to have been ordered, or is ordered, to pay a fine or costs or both under section 21
a: a District Court Judge or Registrar, on the application of the defendant, is satisfied, whether on the basis of a statutory declaration or evidence given before the Judge, that—
i: the defendant is not a person to whom the infringement notice was issued or on whom the notice is deemed to have been served; or
ii: the defendant did not in fact receive the reminder notice, or a copy of the notice of hearing, required to have been served on the defendant under section 21
iii: some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both; or
iv: the defendant believed on reasonable grounds that he or she had requested a hearing under section 21
v: the defendant reasonably believed that he or she had been advised by the informant that action would not be taken under section 21(3)
vi: the defendant reasonably believed that he or she had been advised by the informant that further time for requesting a hearing would be allowed under section 21(6)(b) section 21(3)
vii: the defendant—
A: had, in writing, requested further relevant information from the informant in relation to the infringement offence; and
B: had made the request within a time that would reasonably enable the informant to respond before the earliest time at which the informant would be entitled to take action under section 21(3)
C: believed on reasonable grounds that the informant had not refused to provide the requested information and that action would not be taken under section 21(3)
D: was not provided with the information before action was taken under section 21(3)
b: the informant applies to a District Court Judge or Registrar to withdraw the reminder notice filed or deemed to have been filed under section 21
2: The Judge or, subject to subsections (3) and (4)
a: authorise the informant to serve a reminder notice on a person other than the defendant (being a person to whom the infringement notice was issued or on whom it was deemed to have been served):
b: authorise the informant to serve on the defendant another copy of the reminder notice or the notice of hearing and, for that purpose, require the defendant to specify an address at which personal service, service by post, or service by either method may be effected:
c: grant a hearing or rehearing of the matter, and proceed with the hearing or rehearing immediately or set it down for a later date:
d: set aside or modify the order:
e: make any other order as to costs or otherwise that the Judge or Registrar considers appropriate in the circumstances.
3: If a Registrar considering an application under subsection (1)(a) subparagraphs (i) or (iv) to (vii) of subsection (1)(a) subsection (2)(a) or (b)
4: A Registrar may not exercise the power conferred by subsection (2)(d)
5: If a Judge or Registrar exercises a power under subsection (2)(a), (b), or (c)
6: If a defendant granted a hearing or rehearing under this section does not appear, the Court may, if it thinks fit, without hearing or rehearing the matter, direct that the original order be restored.
10: Further notice of fine
1: The heading to section 85 Further Final
2: Section 85(1) further final
11: New section 86B inserted
The following section is inserted after section 86A
86B: Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order
1: A Registrar may vary, suspend, or cancel an arrangement extending the time to pay a fine, or an attachment order, if the Registrar has reason to believe that—
a: the defendant has, for the purpose of entering into the arrangement, or in connection with the making of the attachment order, supplied false or misleading information about the defendant's financial position; or
b: the defendant's financial position has changed significantly since the date on which—
i: the arrangement was entered into; or
ii: the attachment order was made.
2: A Registrar may vary, suspend, or cancel an arrangement extending the time to pay a fine if another fine that is not subject to the arrangement is imposed on the defendant and—
a: the defendant agrees in writing to the variation, suspension, or cancellation proposed by the Registrar; or
b: the defendant defaults in the payment of the subsequent fine, and—
i: the Registrar is unable to contact the defendant; or
ii: the Registrar contacts the defendant but is unable to reach any agreement with the defendant as to how the subsequent fine is to be paid.
3: A Registrar may vary, suspend, or cancel an attachment order, if another fine that is not subject to the attachment order is imposed on the defendant and the defendant defaults in the payment of the subsequent fine, and—
a: the Registrar is unable to contact the defendant; or
b: the Registrar contacts the defendant, but is unable to reach any agreement with the defendant as to how the subsequent fine is to be paid.
4: Before exercising the power in subsection (1) subsection (1)(b)
5: If subsection (1), (2)(b)(ii), or (3)(b)
a: serve on the defendant a written notice—
i: setting out the action that the Registrar proposes to take and the reasons for the action; and
ii: indicating that the defendant may make a written submission to the Registrar as to why the Registrar should not take the proposed action and that this submission must be received by the Registrar within 10 working days after the date of the notice; and
b: consider any written submissions received from the defendant within the 10-working day period referred to in paragraph (a)(ii)
6: A notice under subsection (5)
a: it is delivered to the defendant; or
b: it is sent to the defendant by ordinary post to the defendant's last known place of residence or business.
7: The variation, suspension, or cancellation of an arrangement extending the time to pay takes effect,—
a: where subsections (1) or (2)(b)(ii)
i: if no written submissions are received by the Registrar within the 10-working day period referred to in subsection (5)(b)
ii: if written submissions are received by the Registrar within the 10-working day period referred to in subsection (5)(b)
b: where subsection (2)(a)
c: where subsection (2)(b)(i)
8: If the Registrar suspends or cancels an attachment order in accordance with this section,—
a: the Registrar must serve a notice of the suspension or cancellation on the employer to whom it relates; and the provisions relating to service in subsections (1) and (2) of section 104
b: the suspension or cancellation takes effect when the notice is served on the employer in accordance with this subsection.
9: If the Registrar varies an attachment order under this section, the Registrar must issue a new attachment order under section 87
10: In this section and sections 87 and 87AA arrangement extending the time to pay a fine
a: provides for either or both of the following:
i: allowing a defendant a greater time to pay a fine:
ii: allowing a defendant to pay a fine by instalments; and
b: is entered into by—
i: a Registrar under section 86
ii: a bailiff under section 86A
12: New section 87 substituted
Section 87
87: Action where fine not paid or where arrangement or attachment order cancelled
1: If the defendant defaults in the payment of any fine or a Registrar cancels an arrangement extending the time to pay a fine, or an attachment order, in accordance with section 86B
a: issue a warrant to seize property; or
b: make an attachment order attaching any salary or wages payable or to become payable to the defendant; or
c: issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
2: Enforcement procedures commenced under this section must cease on payment of the unpaid amount of the fine.
3: The powers conferred by this section may not be exercised by a Registrar who is a constable.
13: Power to obtain information in respect of beneficiaries
1: Section 87AA(1)(a) subparagraph (i)
ia: considering whether to vary, suspend, or cancel an arrangement extending the time to pay a fine or an attachment order under section 86B .
2: Section 87AA(2)
e: the residential address and residential telephone number of the defendant:
f: the type of any benefit that is paid to the defendant:
g: the unique number assigned to any benefit that is paid to the defendant.
3: Section 87AA subsection (3)
3A: If the defendant has died and the chief executive is aware of that fact, the chief executive must advise the Registrar accordingly on receipt of a notice under subsection (1)
14: Publication of name of fines defaulter
Section 87A(2) a newspaper circulating in the area where the Court is located any newspaper
15: Deduction of fines
1: Section 87B(2) paragraph (b)
b: the time or times by which the bank must pay the amounts deducted; and
ba: that the amounts deducted must be paid to a person, or into a trust account, in accordance with section 208 .
2: Section 87B subsection (2)
2A: The deduction notice issued by the Registrar must specify that if on any occasion the amount of a deduction required to be made is greater than the amount that is payable or becomes payable to the defendant, the amount to be deducted on that occasion is the amount that is payable or becomes payable to the defendant.
16: Revocation of deduction notices
Section 87C subsections (3) (4)
17: Action where fine remains unpaid
1: Section 88 subsections (1) to (2)
1: This section applies if—
a: the Registrar has taken enforcement action under section 87
b: the Registrar is satisfied that the defendant does not have the means to pay the fine; or
c: the Registrar is satisfied that—
i: reasonable steps have been taken to locate the defendant but the defendant has not been located and therefore enforcement action would be unlikely to be effective; or
ii: for any other reason enforcement action would be unlikely to be effective.
2: The Registrar may—
a: order that the defendant be brought before the Registrar; or
b: refer the matter to a District Court Judge or Community Magistrate with a report on the circumstances of the case.
2A: If the Registrar refers a matter to a District Court Judge or a Community Magistrate, the Registrar may order that the defendant be brought before the Judge or Community Magistrate.
2B: For the purposes of subsection (2)(a) or subsection (2A)
2C: Without limiting any other provision of this Act, a warrant for the defendant's arrest under subsection (2B)
a: information about a defendant that is so entered by the Registrar may be printed out by a sworn member of the police or a bailiff, and for all purposes constitutes a warrant for the arrest of the defendant:
b: the absence of any signature on the printout does not affect its validity as a warrant:
c: the warrant is valid for a period of 7 days beginning on the date of its printing, and the warrant then lapses:
d: at any time and from time to time after a warrant lapses under paragraph (c)
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the police or a bailiff:
ii: a sworn member of the police or a bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and every such printout constitutes a fresh warrant for the arrest of the defendant.
2D: A warrant issued under this section may be executed by a sworn member of the police or by a bailiff.
2E: If a defendant is arrested under a warrant issued for the purpose of subsection (2)(a)
a: the defendant must be brought before the Registrar:
b: the defendant is bailable as of right:
c: section 46 of this Act Part 3 of the Bail Act 2000
d: for the purpose of any bail application by the defendant, if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge or a Community Magistrate, any member of the police or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 section 21(1) of the Bail Act 2000
2F: If a defendant is arrested under a warrant issued for the purpose of subsection (2A)
a: the defendant must be brought before a District Court Judge or a Community Magistrate or, if neither a District Court Judge nor a Community Magistrate is available, the Registrar:
b: where the defendant is brought before the Registrar, the Registrar must appoint a time and place for the defendant to appear before a District Court Judge or a Community Magistrate:
c: the defendant is bailable as of right:
d: section 46 of this Act Part 3 of the Bail Act 2000
e: if the defendant cannot practicably be brought immediately before a District Court Judge or a Community Magistrate or the Registrar, any member of the police or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 section 21(1) of the Bail Act 2000
2G: If a defendant is brought before a Registrar under subsection (2)(a)
a: invoke one or more of the enforcement actions in section 87
b: enter into an arrangement with the defendant under section 86
c: if the Registrar is satisfied that neither of the actions described in paragraphs (a) or (b) subsections (2A) to (2D) and subsection (2F)
2: Section 88(3)(c) 56 to 77 55 to 80
3: Section 88(3) paragraph (fa)
fa: if the amount that the defendant owes in respect of 1 unpaid fine, or in total in respect of more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken under section 96A of the District Courts Act 1947 .
4: Section 88(3)(fb) or Community Magistrate Judge
18: Remission of fine
Section 88B
2: The Registrar may make an order remitting any fine imposed by, or resulting from the enforcement of, an order deemed to have been made, or made, under section 21(5), (5A), or (9)
19: Defendant on substituted sentence to be discharged on payment of fine
Section 91 subsection (4)
20: Warrant to seize property
1: Section 93
3: Without limiting any other provision of this Act, a warrant to seize property referred to in subsection (1)
a: information about a defendant that is so entered by the Registrar may be printed out by a sworn member of the police or a bailiff, and for all purposes constitutes a warrant to seize property:
b: the absence of any signature on the printout does not affect its validity as a warrant:
c: the warrant is valid for a period of 28 days beginning on the date of its printing, and the warrant then lapses:
d: at any time and from time to time after a warrant lapses under paragraph (c)
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the police or a bailiff:
ii: a sworn member of the police or a bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and every such printout constitutes a fresh warrant to seize property.
2: Section 39(3) Police Act 1958 section 88(1A) section 88 or section 93
21: Seizure and delivery of property
Section 94(5) who shall retain the property or to any person or place specified for the purpose by the Registrar, and the Registrar must ensure that the property is retained
22: Power to obtain information in respect of employers
1: Section 104A subsection (1)
1: This section applies if—
a: an attachment order is being made in respect of a defendant, or the Registrar is considering whether to vary, suspend, or cancel an attachment order made in respect of a defendant; and
b: the name, address, and telephone number of the employer of the defendant, or any of those details, are unknown or require clarification.
1A: If this section applies, a Registrar may, by notice in writing, require the Commissioner of Inland Revenue to provide the Registrar with all or any of the following details:
a: the name of the employer of the defendant:
b: the address of the employer of the defendant:
c: the telephone number of the employer of the defendant.
2: Section 104A(2) subsection (1) subsection (1A)
3: Section 104A
3: If the defendant has died and the Commissioner of Inland Revenue is aware of that fact, the Commissioner of Inland Revenue must advise the Registrar accordingly on receipt of a notice under subsection (1A)
23: Liability of employer
Section 106(1)(b) the Registrar specified in the attachment order a person, or into a trust account, in accordance with section 208
24: Wrongful treatment of employee
1: Section 106A subsection (1)
1: Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who dismisses any employee or alters any employee's position in the employer's business or undertaking to the employee's prejudice by reason of—
a: the employee having been ordered to pay 1 or more fines; or
b: an attachment order having been served on the employer; or
c: the employer becoming aware that an attachment order is being or has been made in respect of the employee.
2: Section 106A(2)
a: omitting within 6 months after the serving on the employer of an attachment order in respect of any employee within the period referred to in subsection (3)
b: by omitting order having been served on the employer circumstances referred to in subsection (1)(a) or (b) or (c)
3: Section 106A
3: The period is 6 months after, as the case may be,—
a: the employer becomes aware that the employee has been ordered to pay 1 or more fines; or
b: the employer is served with an attachment order in respect of the employee; or
c: the employer becomes aware that an attachment order is being made or has been made in respect of the employee.
4: Nothing in this section affects the employer's right to take disciplinary action against the employee for breaching a condition of the employee's employment that relates to—
a: the commission of an offence; or
b: the failure to pay any fine in full before enforcement action is due.
25: Restriction on imprisonment
Section 106E(4) 88(2) 88(2F)
26: Provisions as to issue of warrants pending appeal
Section 124(5) warrant of distress warrant to seize
27: No action against Justice unless act in excess of jurisdiction or without jurisdiction
Section 193(2) warrant of distress or warrant to seize or warrant
28: Acts not generally to be done on Sunday
1: Section 203(2)
l: a Registrar or bailiff or constable may exercise any power, duty, or function conferred on him or her under Part 3 Part 3
m: any fine or any other money payable on any conviction or order made by a Court may be paid, or may be accepted by any person authorised to accept that payment:
n: any act necessary to give effect to a direction under section 88(3)(fa)
o: any other act specified in regulations made under this Act as an act that can be done on Sunday.
2: Section 203(2) subsection (1)
na: an informant may provide particulars of a reminder notice under section 21 .
3: Section 203 subsection (3)
3: No act done on a Sunday in breach of the provisions of subsection (1)
29: New section 208 substituted
Section 208
208: Payment of money to department
1: This section applies to—
a: all Court fees, fines, reparation, costs, and other money payable on an information or complaint or on any conviction or order made by a Court; and
b: any sum levied by or paid to any member of the police or a bailiff under any warrant.
2: A sum referred to in subsection (1)
a: to any Registrar; or
b: to any person nominated by the chief executive of the department for the time being responsible for the administration of this Act as a person who may receive payments under this section; or
c: into any trust account administered for the purpose by the department for the time being responsible for the administration of this Act.
3: Any sum received under this section by any Registrar or person nominated under subsection (2)(b)
a: to any person who is entitled to it under any enactment or by any order of the Court made under an enactment; or
b: into another Departmental Bank Account or a Crown Bank Account, in accordance with the Public Finance Act 1989
30: Rules and regulations
1: Section 212(2)(b) or any processes any proceedings
2: Section 212(2) paragraph (d)
da: prescribing requirements or other matters in relation to the provision of particulars of reminder notices in electronic form under section 21
db: regulating the searching of records of 1 or more of the following:
i: particulars of reminder notices provided under section 21
ii: the results of any verification processes undertaken under section 21
iii: reminder notices deemed to have been filed and orders deemed to have been made under section 21
iv: notices of hearings filed under section 21
v: applications filed under section 78B
vi: any related matter: . Amendments to other Acts
31: Amendment to
Biosecurity Act 1993 Section 159A Biosecurity Act 1993 subsections (6) to (8)
6: The Ministry may provide particulars of an infringement notice in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957
a: the infringement fee for the offence has not by then been paid to the Ministry at the address specified in the notice (or immediately under subsection (5)
b: the Ministry has not by then received at that address a notice requesting a hearing in respect of that offence.
7: If an infringement notice has been issued and served under this section, the Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (6) of this section
b: subsection (6) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (6) of this section
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)(a) to parts
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5) section 21(3) subsection (6) of this section
i: the reference in section 21(6)(b) section 21(10)(a)
j: each reference in section 21A and section 78B section 21A and section 78B
k: the references to reminder notices in the definition of defendant section 2(1) section 212
32: Amendments to
Civil Aviation Act 1990
1: Section 65D(3) Civil Aviation Act 1990 paragraph (a)
a: a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1) .
2: Section 65S Civil Aviation Act 1990 subsections (1) to (3)
1: The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P section 21(4) and (4A) of the Summary Proceedings Act 1957
a: the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and
b: the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence.
2: If an infringement notice under section 65P Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (1) of this section
b: subsection (1) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (1) of this section
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)(a) to parts
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5) section 21(3) subsection (1) of this section
i: the reference in section 21(6)(b) section 21(10)(a)
j: each reference in section 21A and section 78B section 21A and section 78B
k: the references to reminder notices in the definition of defendant section 2 section 212
33: Amendment to
Fisheries Act 1996 Section 255A(1) Fisheries Act 1996 paragraph (b)
b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a Court under section 21 of the Summary Proceedings Act 1957 .
34: Amendment to
Gambling Act 2003 The Gambling Act 2003 section 358
358: Reminder notices
1: A form of reminder notice may be prescribed by regulations made under this Act.
2: Different forms of reminder notices may be prescribed for different kinds of infringement offences.
3: If a form of reminder notice is prescribed under this Act, it must contain the information set out in section 357(4)
35: Amendment to
Land Transport Act 1998 Section 140(1) Land Transport Act 1998 may be in a form prescribed by regulations made under this Act or by regulations made under the Summary Proceedings Act 1957 must be in the form prescribed by regulations made under this Act, and
36: Amendments to
Resource Management Act 1991
1: Section 343C Resource Management Act 1991 subsection (4)
4: If an infringement notice has been issued under this section,—
a: a reminder notice must be in the form prescribed under this Act; and
b: proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957
2: Section 360(1) Resource Management Act 1991 paragraph (bb)
bc: prescribing forms of reminder notices to be used in respect of infringement offences against this Act. .
37: Amendments to
Social Security Act 1964
1: Section 126A(1) Social Security Act 1964 paragraph (a) fine , or an amount of reparation as defined in section 145D of the Sentencing Act 2002
2: Section 126A(1) Social Security Act 1964 paragraph (a) fine
ab: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 .
38: Amendment to
Transport Act 1962 Section 43A(2) Transport Act 1962 or the provision of particulars of a reminder notice under section 21 of that Act filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 Transitional and savings provisions
39: Transitional provision relating to filing of reminder notices
1: Until the expiry of a period of 6 months after the date that section 6 Gazette
a: an informant who wishes to take action under section 21(3) (3D)
i: provide particulars of the reminder notice in accordance with section 21 section 6
ii: file a copy of the reminder notice in accordance with section 21 section 5 section 6
b: an informant who, before the commencement of sections 31 32 section 159A Biosecurity Act 1993 section 65S Civil Aviation Act 1990 section 21
i: provide particulars of the infringement notice in accordance with section 21 section 6 section 65S Civil Aviation Act 1990 section 159A Biosecurity Act 1993 sections 31 32
ii: file a copy of the infringement notice in accordance with section 21 section 5 section 6 section 65S Civil Aviation Act 1990 section 159A Biosecurity Act 1993 sections 31 32
2: If for any reason 1 or more informants are unable to provide particulars of a reminder notice in accordance with section 21 section 6 Gazette
a: must take action under section 21(3) (3D) subsection (1)(a)(ii) (b)(ii)
b: must not take action under section 21(3) (3D) subsection (1)(a)(i) (b)(i)
3: Subsection (1) subsection (2)
40: Transitional provision relating to warrants to arrest executed under section 88 of principal Act
If, on or after the date on which section 17 section 88 section 88 section 17 section 88(2)(a)
41: Transitional provision relating to seizure warrants in form of computer printout
1: Nothing in section 93(3) section 20 section 20
2: Nothing in subsection (1) section 20
3: A warrant to seize property referred to in section 93(1) section 93(3) section 20


Tax Administration Amendment Act 2006

1: Title
This Act is the Tax Administration Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Tax Administration Act 1994
4: Disclosure of certain information in relation to fines defaulters
1: Section 85A(4) paragraph (c)
c: the telephone number of the fines defaulter; and
d: the name of the employer of the fines defaulter; and
e: the address of the employer of the fines defaulter; and
f: the telephone number of the employer of the fines defaulter.
2: Section 85A(6) fines defaulter fines defaulter information fines defaulter
a: a fine within the meaning of section 79 of the Summary Proceedings Act 1957
b: an amount of reparation as defined in section 145D of the Sentencing Act 2002
c: a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961
d: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 fines defaulter information
a: means information that identifies a fines defaulter; and
b: includes—
i: the name, address, and telephone number of the fines defaulter; and
ii: the name, address, and telephone number of the employer of the fines defaulter.


Judicature Amendment Act 2006

1: Title
This Act is the Judicature Amendment Act 2006.
2: Commencement
1: This Act (except sections 5 6 7
2: Sections 5 6 7
3: Principal Act amended
This Act amends the Judicature Act 1908
1: Procedures and constitution of Court of Appeal
4: Constitution of Court of Appeal
Section 57(2)(b) 6 8
5: Court of Appeal to sit in divisions
1: Section 58(1) in subsection (2)
2: Section 58
6: Judgment of Court of Appeal
Section 59
3: The delivery of the judgment of the Court of Appeal may be effected in any manner provided by rules made under section 51C
2: Further amendments to principal Act
7: New section 26IB inserted
The following section is inserted after section 26IA
26IB: Judge or Associate Judge may, by video link, preside at hearing of specified matters
1: A Judge or Associate Judge may, by video link, preside at the hearing of any matter—
a: over which an Associate Judge has jurisdiction under section 26I
b: that is specified in rules made under section 51C
2: A hearing conducted under the authority of subsection (1)
a: has effect as if the Judge or Associate Judge were physically present:
b: does not affect the privileges and immunities of the Judge or Associate Judge or of any witnesses, counsel, or parties appearing at the hearing.
3: Rules made under section 51C
a: specify a class or classes of matters in respect of which hearings authorised by subsection (1)
b: regulate the manner in which hearings authorised by subsection (1)
8: Section 65 repealed
Section 65
9: New section 67 substituted
Section 67
67: Appeals against decisions of High Court on appeal
1: The decision of the High Court on appeal from an inferior court is final, unless a party, on application, obtains leave to appeal against that decision—
a: to the Court of Appeal; or
b: directly to the Supreme Court (in exceptional circumstances as provided for in section 14 of the Supreme Court Act 2003
2: An application under subsection (1)
3: An application under subsection (1)
4: If leave to appeal referred to in subsection (1)(a)
5: Subsections (1), (3), and (4) Supreme Court Act 2003
10: Section 68 repealed
Section 68


1: Title
This Act is the New Zealand Council of Law Reporting Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the New Zealand Council of Law Reporting Act 1938
4: Functions of the Council
Section 12 subsection (3)
3: No person, firm, or company other than the Council may, without the consent of the New Zealand Law Society, commence the publication of, or publish, a new series of reports of decisions of the High Court or Court of Appeal or of the Land Valuation Tribunal (either separately or in conjunction with reports of other judicial decisions).
4: After the commencement of the New Zealand Council of Law Reporting Amendment Act 2006, no person, firm, or company other than the Council may, without the consent of the New Zealand Law Society,—
a: commence the publication of, or publish, a new series of reports of decisions of the Supreme Court (either separately or in conjunction with reports of other judicial decisions); or
b: continue the publication of a series of reports of decisions of the Supreme Court (either separately or in conjunction with reports of other judicial decisions) whose publication commenced before the commencement of that Act.
5: The New Zealand Law Society may give its consent under subsection (3) or subsection (4)
a: the Council has failed to publish, or has failed to arrange for there to be published, within a reasonable time and at a reasonable cost to purchasers, adequate reports of the decisions of the High Court or Court of Appeal or Supreme Court or of the Land Valuation Tribunal; or
b: the New Zealand Law Society, in consultation with the Council, determines that it is appropriate to grant consent for—
i: a particular decision to be published in a particular publication; or
ii: a series of decisions that relate to a particular area of law to be published in specialist law reports.
6: Despite subsection (4)