Supreme Court Act 2003

1: Title
This Act is the Supreme Court Act 2003.
1: Supreme Court of New Zealand
Preliminary matters
2: Commencement
This Act comes into force on 1 January 2004.
3: Purpose
1: The purpose of this Act is—
a: to establish within New Zealand a new court of final appeal comprising New Zealand judges—
i: to recognise that New Zealand is an independent nation with its own history and traditions; and
ii: to enable important legal matters, including legal matters relating to the Treaty of Waitangi
iii: to improve access to justice; and
b: to provide for the court's jurisdiction and related matters; and
c: to end appeals to the Judicial Committee of the Privy Council from decisions of New Zealand courts; and
d: to make related amendments to certain enactments relating to courts or judicial proceedings.
2: Nothing in this Act affects New Zealand's continuing commitment to the rule of law and the sovereignty of Parliament.
4: Interpretation
In this Act, unless the context otherwise requires,— acting Judge section 23(1) Chief Justice section 4(1) civil proceeding
a: means any proceeding that is not a criminal proceeding; and
b: includes a proceeding under the Bail Act 2000 decision District Court
a: a Family Court and a Youth Court; and
b: a District Court sitting in its admiralty jurisdiction High Court section 8 interlocutory application
a: means an application in a proceeding or intended proceeding for—
i: an order or a direction relating to a matter of procedure; or
ii: in the case of a civil proceeding, for some relief ancillary to the relief claimed in the pleading; and
b: includes an application for a new trial; and
c: includes an application to review a decision made on an interlocutory application New Zealand court
a: the Supreme Court, the Court of Appeal, the High Court, or a District Court; or
b: any of the following specialist courts: the Court Martial of New Zealand established under section 8 Court Martial Appeals Act 1953 permanent Judge Privy Council Registrar section 36(1) Supreme Court Court section 6 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
b: the day observed as anniversary day in Wellington; and
c: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
d: a day in the period commencing on 25 December in any year and ending with 15 January in the following year. Section 4 New Zealand court amended 1 July 2009 section 87 Court Martial Act 2007 Section 4 working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
5: Act binds the Crown
This Act binds the Crown. Establishment and jurisdiction of Supreme Court
6: Supreme Court established
This section establishes as the court of final appeal for New Zealand a court of record called the Supreme Court of New Zealand. 1908 No 89 s 57(1)
7: Appeals against decisions of Court of Appeal in civil proceedings
The Supreme Court can hear and determine an appeal by a party to a civil proceeding in the Court of Appeal against any decision made in the proceeding, unless—
a: an enactment other than this Act makes provision to the effect that there is no right of appeal against the decision; or
b: the decision is a refusal to give leave or special leave to appeal to the Court of Appeal.
8: Appeals against decisions of High Court in civil proceedings
The Supreme Court can hear and determine an appeal by a party to a civil proceeding in the High Court against any decision made in the proceeding, unless—
a: an enactment other than this Act makes provision to the effect that there is no right of appeal against the decision; or
b: the decision is a refusal to give leave or special leave to appeal to the High Court or the Court of Appeal; or
c: the decision was made on an interlocutory application.
9: Appeals against decisions of other courts in civil proceedings
The Supreme Court can hear and determine an appeal against a decision made in a civil proceeding in a New Zealand court other than the Court of Appeal or the High Court to the extent only that an enactment other than this Act provides for the bringing of an appeal to the Supreme Court against the decision.
10: Appeals against decisions in criminal proceedings
The Supreme Court can hear and determine appeals authorised by—
a: Part 6
b: section 10 10A Section 10 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
11: Procedural requirements
Sections 7 to 10
a: the provisions of this Act; and
b: all applicable rules, orders, and directions for regulating the terms and conditions on which appeals may be allowed, made or given under this Act or the Judicature Act 1908 1908 No 89 s 66 Leave to appeal to Court
12: Appeals to be by leave
1: Appeals to the Supreme Court can be heard only with the Court's leave.
2: References in enactments other than this Act to the leave of the Supreme Court must be read subject to sections 13 14
13: Criteria for leave to appeal
1: The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the Court to hear and determine the proposed appeal.
2: It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if—
a: the appeal involves a matter of general or public importance; or
b: a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or
c: the appeal involves a matter of general commercial significance.
3: For the purposes of subsection (2), a significant issue relating to the Treaty of Waitangi
4: The Supreme Court must not give leave to appeal to it against an order made by the Court of Appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and determine the proposed appeal before the proceeding concerned is concluded.
5: Subsection (2) does not limit the generality of subsection (1); and subsection (3) does not limit the generality of subsection (2)(a).
14: No direct appeal from court other than Court of Appeal unless exceptional circumstances established
The Supreme Court must not give leave to appeal directly to it against a decision made, a conviction entered, or a sentence imposed, in a proceeding in a New Zealand court other than the Court of Appeal unless (in addition to being satisfied that it is necessary in the interests of justice for the Court to hear and determine the proposed appeal) it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court.
15: Applications for leave
1: The parties to an application for leave to appeal to the Supreme Court may make written submissions to the Court, and may include in the submissions—
a: additional relevant written material; and
b: responses to submissions made by any other party.
2: Neither the parties nor their representatives have a right to appear before the Court on the application; but the Court may if it thinks fit—
a: authorise the parties, their representatives, or both to appear:
b: exclude from any authority to appear a party who is an appellant in custody.
3: In determining the application, the Court must consider—
a: the written submissions before it; and
b: if an oral hearing was held, the matters raised at the hearing.
4: The Court may consider the written submissions in any manner it thinks fit. 1961 No 43 s 392B
16: Court to state reasons for refusal to give leave
1: The Supreme Court must state its reasons for refusing to give leave to appeal to it.
2: The reasons may be stated briefly, and may be stated in general terms only. Constitution of Court
17: Constitution of Court
1: The Supreme Court comprises—
a: the Chief Justice; and
b: not fewer than 4 nor more than 5 other Judges, appointed by the Governor-General as Judges of the Supreme Court.
2: The Supreme Court's jurisdiction is not affected by a vacancy in the number of its Judges. 1908 No 89 s 4
18: Chief Justice, and seniority of Judges
1: The Chief Justice is the head of the New Zealand judiciary, and has seniority over the other Judges of the Supreme Court.
2: Other Judges of the Supreme Court appointed on different dates have seniority among themselves according to those dates.
3: Other Judges of the Supreme Court appointed on the same date have seniority among themselves as follows:
a: Judges who have been Judges of the Court of Appeal are senior to Judges who have not been Judges of the Court of Appeal:
b: Judges who have been Judges of the Court of Appeal have among themselves the seniority they would have if still Judges of the Court of Appeal:
c: Judges who have not been Judges of the Court of Appeal but have previously been Judges of the High Court have seniority among themselves according to their seniority as Judges of the High Court:
d: Judges who have not previously been Judges of the High Court but have previously held other judicial office in New Zealand are senior to Judges who have not previously held judicial office in New Zealand.
4: Judges of the Supreme Court are senior to the Judges of the Court of Appeal, and to the Judges of the High Court who are not Judges of the Supreme Court.
5: This section applies only to permanent Judges. 1908 No 89 s 57(6)
19: Acting Chief Justice
1: While the office of Chief Justice is vacant, or the Chief Justice is outside New Zealand, the senior Judge of the Supreme Court is authorised to act as Chief Justice.
2: If because of illness or a reason other than absence from New Zealand the Chief Justice is unable to perform the duties of that office, the Governor-General may authorise the senior Judge of the Supreme Court to act as Chief Justice until the Chief Justice resumes those duties.
3: While authorised to act as Chief Justice, the senior Judge of the Supreme Court can perform the duties of the Chief Justice, and exercise any power of the Chief Justice.
4: The fact that the senior Judge of the Supreme Court performs a duty of the Chief Justice or exercises a power of the Chief Justice is conclusive proof of his or her authority to do so. No action of the Judge, and no decision of the Court, may be questioned on the ground that the occasion for the Judge to perform the duty or exercise the power had not arisen or had ceased.
5: This section does not affect clause 12 of the Letters Patent constituting the Office of Governor-General of New Zealand 1983 1908 No 89 s 5
20: Judges to be Judges of High Court
1: No person can be appointed as a Judge of the Supreme Court under section 17(1)(b)
a: was a Judge of the High Court (whether sitting in the High Court or the Court of Appeal) immediately before being appointed as a Judge of the Supreme Court; or
b: is appointed as a Judge of the High Court when appointed as a Judge of the Supreme Court.
2: Every permanent Judge of the Supreme Court—
a: continues to be a Judge of the High Court; and
b: may as a Judge of the Supreme Court exercise any of the powers of a Judge of the High Court. 1908 No 89 s 57(4)
21: Judges of other courts vacate office on appointment
1: A Judge of a New Zealand court other than the High Court vacates office as a Judge of that court when appointed as a Judge of the Supreme Court.
2: A Judge of the Supreme Court who has vacated office as a Judge of a New Zealand court under subsection (1) may nevertheless continue in office to determine, give judgment in, or otherwise complete, a proceeding heard by the Judge (either alone or with others) when he or she sat in that court. 1908 No 89 s 88A
22: Term of office of Judges
A Judge of the Supreme Court holds office until he or she ceases to hold office as a permanent Judge of the High Court.
23: Acting Judges
1: The Governor-General may appoint as acting Judges of the Supreme Court retired Judges of the Supreme Court or the Court of Appeal who have not reached the age of 75 years.
2: Each acting Judge must be appointed for a stated term that—
a: is not more than the time until the Judge will reach the age of 75 years:
b: in any case, is not more than 24 months.
3: During the term of his or her appointment, an acting Judge may act as a Judge of the Supreme Court to the extent only that the Chief Justice authorises under subsection (4).
4: The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court—
a: to hear and determine any proceedings within a stated period; or
b: to hear and determine stated proceedings.
5: The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court only if satisfied that—
a: there is a vacancy in the Supreme Court; or
b: a Judge of the Supreme Court is for any reason unavailable to hear proceedings or particular proceedings.
6: An acting Judge is authorised when the Chief Justice gives the Attorney-General a certificate, signed by the Chief Justice and at least 2 other permanent Judges of the Supreme Court, to the effect that in their opinion it is necessary for the proper conduct of the Court's business for the acting Judge to be authorised to act as a member of the Supreme Court—
a: to hear and determine proceedings within the period concerned; or
b: to hear and determine the proceedings concerned.
7: An acting Judge has the jurisdiction, powers, protections, privileges, and immunities of a Judge of the Supreme Court and the High Court, but only in relation to acting as a member of the Supreme Court, under the authority of subsection (4), in the hearing and determination of a proceeding.
8: While acting as a member of the Supreme Court, under the authority of subsection (4), in the hearing and determination of a proceeding, but not otherwise, an acting Judge must be paid—
a: a salary at the rate for the time being payable to a Judge of the Supreme Court other than the Chief Justice; and
b: any applicable allowances, being travelling allowances or other incidental or minor allowances, determined by the Governor-General for acting Judges.
9: The fact that an acting Judge acts as a member of the Supreme Court is conclusive proof of the Judge's authority to do so. No action of the Judge, and no decision of the Court, may be questioned on the ground that the occasion for the Judge to act as a member of the Court had not arisen or had ceased.
10: An acting Judge may resign office by written notice to the Attorney-General. 1908 No 89 ss 11A 11B Powers and judgment of Court
24: Appeals to proceed by rehearing
Appeals to the Supreme Court proceed by way of rehearing.
25: General powers
1: On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court—
a: can make any order, or grant any relief, that could have been made or granted by that court; and
b: even if the proceeding has not been heard in the Court of Appeal, has all the powers the Court of Appeal would have if hearing the appeal.
2: In any proceeding, the Supreme Court can make any ancillary or interlocutory orders (including any orders as to costs) it thinks fit.
26: Power to remit proceedings
The Supreme Court can also remit a proceeding that began in a New Zealand court to any New Zealand court that has jurisdiction to deal with it. 1908 No 89 s 62
27: Exercise of powers of Court
1: For the purposes of the hearing and determination of a proceeding, the Supreme Court comprises 5 Judges of the Court.
2: Any 2 or more permanent Judges of the Supreme Court can act as the Court—
a: to decide whether an oral hearing of an application for leave to appeal to the Court should be held, or the application should be determined just on the basis of written submissions:
b: to determine an application for leave to appeal to the Court.
3: The delivery of the judgment of the Supreme Court may be effected in any manner, and by any number of Judges, provided by rules made under section 51C
4: Subsection (1) is subject to sections 28(1) 30(1) 1908 No 89 s 58(2)
28: Interlocutory orders and directions may be made and given by one Judge
1: In a proceeding before the Supreme Court, any permanent Judge of the Court may make any interlocutory orders and give any interlocutory directions the Judge thinks fit (other than an order or direction that determines the proceeding or disposes of a question or issue that is before the Court in the proceeding).
2: Any permanent Judge of the Supreme Court may review a decision of the Registrar made within the civil jurisdiction of the Court under a power conferred on the Registrar by a rule of Court, and may confirm, modify, or revoke that decision as the Judge thinks fit.
3: The Judges of the Supreme Court who together have jurisdiction to hear and determine a proceeding may—
a: discharge or vary an order or direction made or given under subsection (1); or
b: confirm, modify, or revoke a decision confirmed or modified under subsection (2).
29: Presiding Judge
1: The Chief Justice presides over the Supreme Court.
2: If the Chief Justice is absent, or the office of Chief Justice is vacant, the most senior available Judge of the Supreme Court presides over the Court.
3: The fact that a Judge of the Supreme Court other than the Chief Justice presides over the Court is conclusive proof of the Judge's authority to do so. No action of the Judge, and no judgment or decision of the Court, may be questioned on the ground that the occasion for the Judge to preside over the Court had not arisen or had ceased.
30: Procedure if Judges absent
1: Where, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those Judges remain available to determine it,—
a: the remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue; and
b: if the remaining Judges decide that the proceeding may continue,—
i: they may act as the Supreme Court in relation to the proceeding, and can determine it and any interlocutory matters (including the question of costs); and
ii: the reference in section 31(1)
2: If at the time appointed for a sitting of the Supreme Court 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the sitting to some other time.
3: If at the time appointed for a sitting of the Supreme Court all the Judges are absent, the Registrar must adjourn or further adjourn the sitting to some other time. 1908 No 89 ss 58D(3) 61
31: Judgment of Court
1: The judgment of the Supreme Court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.
2: If the Judges are equally divided in opinion, the decision appealed from or under review is taken to be affirmed. 1908 No 89 s 59
32: Decisions of Court may be enforced by High Court
A judgment, decree, or order of the Supreme Court may be enforced by the High Court as if it had been given or made by the High Court. 1908 No 89 s 63 Administrative provisions
33: Salaries and allowances of Judges
1: There must be paid out of public money to the Judges of the Supreme Court other than the Chief Justice, without further appropriation than this section,—
a: salaries at a rate determined by the Remuneration Authority; and
b: any applicable allowances determined by the Remuneration Authority; and
c: any applicable additional allowances, being travelling allowances or other incidental or minor allowances, determined from time to time by the Governor-General.
2: A determination under subsection (1), or a provision of a determination under subsection (1), may be stated to come into force on—
a: the date on which the determination is made; or
b: any other date, whether before or after the date on which the determination is made.
3: If no date is stated for a determination or a provision of a determination, it comes into force on the date on which the determination is made.
4: Subsection (2) is subject to the Remuneration Authority Act 1977
5: This section does not apply to acting Judges. 1908 No 89 s 9A
34: Fees to be paid into Crown Bank Account
All fees received under this Act must be paid into a 1908 No 89 s 53 Section 34 amended 25 January 2005 section 65R(3) Public Finance Act 1989
35: Contempt of Court
1: A person commits an offence who—
a: assaults, threatens, intimidates, or wilfully insults a Judge of the Supreme Court, the Registrar of the Court, a Deputy Registrar or officer of the Court, or a witness, during his or her sitting or attendance in Court, or in going to or returning from the Court; or
b: wilfully interrupts or obstructs the proceedings of the Supreme Court, or misbehaves in the Court; or
c: wilfully and without lawful excuse disobeys an order or direction of the Supreme Court in the course of the hearing of a proceeding.
2: A constable
3: The Supreme Court may sentence a person who commits an offence against subsection (1) to imprisonment for a period not exceeding 5 days, or to pay a fine not exceeding $5,000, or both, for every offence.
4: The Supreme Court has the same power and authority as the High Court to punish any person for contempt of Court in any case to which subsection (1) does not apply.
5: Nothing in subsections (1) to (3) limits or affects the power and authority referred to in subsection (4). 1908 No 89 s 56C Section 35(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
36: Appointment of officers
1: A Registrar of the Supreme Court must be appointed under the State Sector Act 1988
2: There may also be appointed under that Act Deputy Registrars of the Supreme Court, and any other officers required for the conduct of the Court's business. 1908 No 89 ss 27 72
37: Powers and duties of officers
The Registrar, Deputy Registrars, and other officers of the Supreme Court have the powers and duties prescribed by rules made under section 51C 1908 No 89 ss 28 73
38: Seal
1: The Supreme Court has a seal for sealing writs and other instruments or documents issued by the Registrar that must be sealed.
2: The Registrar has custody of the seal. 1908 No 89 s 50
39: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the matters for which fees are payable under this Act:
b: prescribing scales of fees for the purposes of this Act and for the purposes of proceedings before the Supreme Court:
c: prescribing the fees, travelling allowances, and expenses payable to interpreters and to people giving evidence in proceedings before the Supreme Court:
d: in order to promote access to justice, empowering the Registrar or a Deputy Registrar of the Supreme Court to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria prescribed under paragraph (e) that—
i: the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
ii: unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
e: prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria—
i: for assessing a person's ability to pay a fee; and
ii: for identifying proceedings that concern matters of genuine public interest:
f: empowering the Registrar or a Deputy Registrar of the Supreme Court to postpone the payment of a fee pending the determination of—
i: an application for the exercise of a power specified in paragraph (d); or
ii: an application for review under section 40
g: providing for the postponement under the regulations of the payment of a fee, including (without limitation) providing—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and for so long as the fee remains unpaid) on the steps that may be taken in the proceeding in respect of which the fee is payable:
h: providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (f) is to be made, including (without limitation) requiring the application to be in a form approved for the purpose by the chief executive of the Ministry of Justice
2: No fee is payable for an application for the exercise of a power specified in paragraph (d) or paragraph (f) of subsection (1). 1908 No 89 s 100A Section 39(1)(h) amended 1 January 2004 section 14(2) State Sector Amendment Act 2003
40: Reviews of decisions of Registrars about fees
1: A person aggrieved by a decision of the Registrar or a Deputy Registrar under regulations under section 39(1)(d)
2: An application must be made within—
a: 20 working days after the date on which the applicant is notified of the decision; or
b: any further time the Judge allows on application made for that purpose before or after the expiration of that period.
3: The application may be made informally.
4: The review—
a: must be conducted by rehearing:
b: may be dealt with on the papers, unless the Judge decides otherwise.
5: The Judge may confirm, modify, or reverse the decision.
6: No fee is payable for an application under this section. 1908 No 89 s 100B
41: Technical advisers
Sections 99B to 99D Ending of appeals to Her Majesty in Council
42: Ending of appeals to Her Majesty in Council
1: No appeal to Her Majesty in Council lies or may be brought from or in respect of any civil or criminal decision of a New Zealand court made after 31 December 2003—
a: whether by leave or special leave of any court or of Her Majesty in Council, or otherwise; and
b: whether by virtue of any Act of Parliament of the United Kingdom or of New Zealand, or the Royal prerogative, or otherwise.
2: Subsection (1) is subject to section 50
2: Amendments, repeals, transitional provisions, and savings
Substantive amendments to Judicature Act 1908
43: New sections 4A and 4B of Judicature Act 1908 inserted
Amendment(s) incorporated in the Act(s)
44: Constitution of the Court
Amendment(s) incorporated in the Act(s)
45: Technical advisers
Amendment(s) incorporated in the Act(s) Substantive amendment to Te Ture Whenua Maori Act 1993
46: New sections 58A and 58B inserted
Amendment(s) incorporated in the Act(s) Other substantive amendments
47: Other substantive amendments
The enactments specified in Part 1 Consequential amendments and repeals
48: Consequential amendments and repeals
1: The enactments specified in Part 2 Part 1
2: The enactments specified in Schedule 2
3: Amendment(s) incorporated in the regulations
4: Amendment(s) incorporated in the order(s)
5: This section has effect as if, at the close of 31 December 2003, section 12 Statutes Amendment Act 1947 Law Practitioners (Victoria Reciprocity) Order 1937 Schedule 3
49: Imperial enactments ceasing to have effect in New Zealand
On 1 January 2004, the following Imperial enactments cease to have effect as part of the law of New Zealand:
a: the Imperial enactments listed in Part 1
b: the Imperial subordinate legislation listed in Part 2 Transitional and savings
50: Privy Council may still determine appeals in certain existing proceedings
1: The Privy Council may hear and determine, or continue to hear and determine,—
a: an appeal against a final judgment of the Court of Appeal made before 1 January 2004, or made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004, where—
i: the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or
ii: the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; or
b: an appeal arising out of a successful application to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against a decision of the Court of Appeal—
i: made before 1 January 2004; or
ii: made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004; or
c: an appeal arising out of a successful application to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against a decision of the Court of Appeal—
i: made before 1 January 2004; or
ii: made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
2: Subsection (1) does not apply to an appeal if—
a: the Privy Council has not begun hearing the appeal; and
b: all parties agree in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against the decision concerned.
51: Limitation on right to appeal to Supreme Court in certain existing proceedings
1: This subsection applies to a decision if—
a: it was made by any New Zealand court before 1 January 2004; or
b: it was made by the Court of Appeal after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
2: There is no right to appeal to the Supreme Court against a decision to which subsection (1) applies if—
a: the Privy Council has already heard or begun hearing an appeal against it; or
b: a New Zealand court has declined to give leave to appeal to the Privy Council against it and the Privy Council has not later given special leave to appeal against it; or
c: the Privy Council has declined to give special leave to appeal against it; or
d: all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against it.
3: Subsection (2) overrides sections 7 to 10
52: Transitional effect of sections 42 and 49
1: The following applications must be determined as if sections 42 49
a: all applications to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against—
i: a decision of a New Zealand court made before 1 January 2004; or
ii: a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004:
b: all applications to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against—
i: a decision of a New Zealand court made before 1 January 2004; or
ii: a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
2: All appeals that, by virtue of section 50(1)
a: sections 42 49
b: the reference in section 112(1)
53: Transitional arrangements for leave applications
1: In subsection (2), leave application
2: Until the commencement of the first rules made under section 51C section 409
a: the rules for the time being in force under that section (or those sections), with all necessary modifications, apply to leave applications as if they were applications for leave to appeal to the Court of Appeal against a decision of the High Court; but
b: the Chief Justice may issue practice directions—
i: modifying the application of those rules to leave applications; or
ii: providing for any matter (relating to leave applications) that those rules do not provide for.
3: Until the appointment of the first Registrar of the Supreme Court, the Registrar and every Deputy Registrar or officer of the Court of Appeal is also the Registrar or a Deputy Registrar or officer of the Supreme Court.
4: Until the establishment of the first Supreme Court Registry, the Court of Appeal Registry is also the Supreme Court Registry.
54: No new rights of appeal against decisions made before 1 January 2004
1: A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a decision made before 1 January 2004 unless, when the decision was made, the person had the right to appeal against the decision to that court on those grounds.
2: Subsection (1) does not limit or affect the right of any person to appeal to a New Zealand court on any grounds against a decision made—
a: on or after 1 January 2004; but
b: on appeal against a decision—
i: made before 1 January 2004; or
ii: made at any time on appeal against a decision made before 1 January 2004.
55: Hearings not to begin before 1 July 2004
1: The Supreme Court cannot begin hearing appeals until after 30 June 2004.
2: Before 1 July 2004, the Supreme Court can take any steps preliminary to hearing appeals, including considering and determining applications for leave to appeal to it, and interlocutory matters.


1: Title
1: This Act is the Hazardous Substances and New Organisms Amendment Act 2003.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
2: Commencement
This Act comes into force on 30 October 2003.
3: Purpose of this Act
The purpose of this Act is—
a: to make certain changes to the Hazardous Substances and New Organisms Act 1996
i: streamlining the approval of the genetic modification of new organisms in laboratories; and
ii: providing for the approval of the conditional release of new organisms; and
iii: clarifying enforcement responsibilities; and
b: to improve the operation of the Hazardous Substances and New Organisms Act 1996
4: Interpretation
1: Section 2(1) conditional release approval section 38C conditionally released new organism host organism human cells
a: means human cells, human cell lines, or human tissues that are being grown or maintained outside the human body; and
b: includes human reproductive cells or human embryonic cells that are being grown or maintained outside the human body prescribed qualifying medicine section 3 of the Medicines Act 1981
a: is or contains a new organism; and
b: meets the criteria set out in section 38I(3) qualifying organism qualifying veterinary medicine section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997
a: is or contains a new organism; and
b: meets the criteria set out in section 38I(3) responsible chief executive Medicines Act 1981 Agricultural Compounds and Veterinary Medicines Act 1997 taxonomic classification .
2: Section 2(1) containment facility section 42 or 45 of this Act any of sections 42, 42A, 42B, or 45
3: Section 2(1) develop develop
a: means—
i: genetic modification of an organism:
ii: regeneration of a new organism from biological material of the organism that cannot, without human intervention, be used to reproduce the organism:
iii: fermentation of a micro-organism that is a new organism; but
b: does not include field testing .
4: Section 2(1) field test ; and includes large-scale fermentation of microorganisms
5: Section 2(1) organism
a: does not include a human being:
ab: includes a human cell: .
6: Section 2(1) organism other than a genetic structure derived from a human being other than a human cell
5: Meaning of new organism
1: Section 2A(1) paragraph (c)
ca: an organism for which a conditional release approval has been given:
cb: a qualifying organism approved for release with controls: .
2: Section 2A subsection (2)
2: An organism is not a new organism if—
a: the organism is not a genetically modified organism and—
i: an approval is granted under section 38
ii: the organism is a qualifying organism and an approval has been granted under section 38I
iii: an organism of the same taxonomic classification has been prescribed as not a new organism; or
b: the organism is a genetically modified organism and—
i: an approval is granted under section 38
ii: the organism is a qualifying organism and an approval has been granted under section 38I
iii: an organism of the same taxonomic classification with the same genetic modification has been prescribed as not a new organism; or
c: the new organism was deemed to be a new organism under section 255 Zoological Gardens Regulations 1977
2A: A new organism does not cease to be a new organism because—
a: it is subject to a conditional release approval; or
b: it is a qualifying organism approved for release with controls.
6: Matters relevant to purpose of Act
Section 6 paragraph (e)
e: the economic and related benefits and costs of using a particular hazardous substance or new organism.
7: Powers, functions, and duties of Authority
1: Section 11 paragraph (fa)
fb: approve standards for containment facilities: .
2: Section 11 subsection (2)
2: The Authority must, before exercising the function specified in subsection (1)(fb)
8: Eligibility for appointment as member of Authority
Section 16 subsection (2)
2: In subsection (1) matters
9: Delegation by Authority
1: Section 19(2)(a) section 35 or section 42 of this Act any of sections 35, 42, 42A, or 42B
2: Section 19(2) paragraph (b)
ba: the power to assess and approve an application under section 38I(1)
bb: the power to determine whether a medicine or veterinary medicine is a qualifying medicine or qualifying veterinary medicine to the responsible chief executive:
bc: the power to review and amend controls under section 38L
bd: the power to impose controls under section 45(2) section 55 of the Hazardous Substances and New Organisms Amendment Act 2003 .
10: Obligation to prepare and maintain register
Section 20(2) paragraph (c)
ca: if applicable, the project concerned: .
11: New
Part 4A The principal Act is amended by inserting, after Part 4
4A: Nga Kaihautu Tikanga Taiao
24A: Establishment of Nga Kaihautu Tikanga Taiao
This section establishes a committee to be called Nga Kaihautu Tikanga Taiao.
24B: Function of Nga Kaihautu Tikanga Taiao
1: The function of Nga Kaihautu Tikanga Taiao is to provide advice and assistance to the Authority as sought by the Authority on matters relating to policy, process, and applications.
2: The advice and assistance must be given from the Maori perspective and come within terms of reference set by the Authority for Nga Kaihautu Tikanga Taiao.
24C: Appointment and remuneration of members and chair
1: The Authority must appoint not fewer than 4 and not more than 8 members of Nga Kaihautu Tikanga Taiao.
2: The Authority must appoint 1 of the members to be the chairperson of Nga Kaihautu Tikanga Taiao.
3: The members of Nga Kaihautu Tikanga Taiao are entitled to be paid remuneration at a rate set by the Authority.
24D: Review of terms of reference
The Authority must, at intervals of not more than 3 years, review the terms of reference set by it for Nga Kaihautu Tikanga Taiao.
12: Prohibition of import, manufacture, development, field testing, or release
1: Section 25(2) the Second Schedule to this Act Schedule 2
2: Section 25 subsection (3)
3: If an organism has a conditional release approval, no further approvals are required for the conditional release of the organism on the same conditions.
4: If an organism has an approval for importation into containment, no further approvals are required for the importation into containment of the organism.
5: The prohibition on the importation of a new organism does not apply to biological material of the organism that cannot, without human intervention, be used to reproduce the organism.
6: No person may do any of the things specified in subsection (1)(a) or (b)
7: Subsection (6) section 55(3) to (4B)
8: In this section,— innovative agricultural compound application section 72 of the Agricultural Compounds and Veterinary Medicines Act 1997 innovative medicine application section 23A of the Medicines Act 1981
13: Section 25AA
1: Section 25AA
2: Section 6 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002
14: Types of approval
1: Section 27 paragraph (b)
ba: a conditional release approval to import for release or release from containment a new organism:
bb: an approval to import for release or to release from containment a qualifying organism: .
2: Section 27
f: an approval to import an agricultural compound or medicine for release in a special emergency, release an agricultural compound or medicine from containment in a special emergency, or use an agricultural compound or a medicine in a special emergency.
15: New
section 27A The principal Act is amended by inserting, after section 27
27A: Approvals at any taxonomic classification
1: An approval referred to in section 27(b), (ba), (bb), or (c)
2: An approval that is granted for a new organism (that is not a genetically modified organism) in a taxonomic classification applies to all the organisms in the taxonomic classification.
3: An approval that is granted for a genetically modified organism in a taxonomic classification applies only to organisms in the taxonomic classification with the same genetic modification as specified in the approval.
4: Despite subsections (2) and (3)
16: Section 29A
1: Section 29A
2: Section 10 Hazardous Substances and New Organisms Amendment Act 2000
17: Application for approval to import or release
1: Section 34(1) apply , under this section or under section 38A
2: Section 34(2) application under this section
18: New
section 34A The principal Act is amended by inserting, after section 34
34A: Applications for conditional release and for release in respect of same new organism
1: The user of a conditional release approval may, at or after the time of applying for the approval, apply to the Authority for approval to release the new organism at the expiry of the conditional release approval.
2: The application must be treated as if it were an application under section 34
3: If the application is granted, the approval takes effect immediately after the expiry of the conditional release approval.
19: Determination of applications to import or release
1: Section 38(1) of this Act or any other section
2: Section 38 subsection (2)
2: An approval under subsection (1)
3: Section 38 subsection (3)
3A: However, subsection (3)
20: New headings and
sections 38A to 38L The principal Act is amended by inserting, after section 38 Conditional release of new organisms
38A: Application for approval to import or release new organism with controls
1: A person may apply to the Authority for a conditional release approval to import for release or to release from containment a new organism with controls.
2: An application for a conditional release approval must be in the approved form and must include—
a: all prescribed information (if any); and
b: information on all occasions where the organism has been considered by the government of any prescribed state or country or by any prescribed organisation and the results of the consideration; and
c: the identification of the organism; and
d: any likely inseparable organisms; and
e: all the possible adverse effects of the organism on the environment; and
f: the affinities of the organism with other organisms in New Zealand; and
g: the proposed use for the organism; and
h: the controls that the applicant proposes the organism would be subject to on its release.
3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.
4: Any applicant may, by written notice to the Authority, withdraw the application at any time.
38B: Application under
section 34 section 38A The Authority may, with the agreement of the applicant, treat an application made under section 34 section 38A
38C: Determination of applications to import or release new organisms with controls
1: The Authority may approve an application made under section 38A
a: after taking into account the matters in subsection (3) section 36
b: there is sufficient information available to assess the adverse effects of the organism; and
c: after taking into account the matters in subsection (2)
2: The matters to be taken into account under subsection (1)(c)
a: all the effects of the organism and any inseparable organism; and
b: the ability of the organism to establish a self-sustaining population; and
c: the ease with which the organism could be recovered or eradicated if it established an undesirable self-sustaining population; and
d: all the controls that will be imposed on the organism.
3: The matters to be taken into account in subsection (1)(a)
a: the controls that will be imposed on the approval; and
b: whether the controls are likely to be effective in meeting the objective of the controls; and
c: the ease with which the organism could be recovered or eradicated if it formed a self-sustaining population.
38D: Controls
1: The controls that the Authority may impose on a conditional release approval include—
a: controlling the extent and purposes for which organisms could be used:
b: requiring any monitoring, auditing, reporting, and record-keeping:
c: imposing any obligation to comply with relevant codes of practice or standards (for example, to meet particular co-existence requirements):
d: requiring contingency plans to be developed to manage potential incidents:
e: limiting the dissemination or persistence of the organism or its genetic material in the environment:
f: requiring the disposal of any organisms or genetic material:
g: limiting the proximity of the organism to other organisms, including those that could be at risk from the conditionally released organism:
h: setting requirements that must be met for any material derived from the organism:
i: imposing obligations on the user of an approval, including levels of training or knowledge, limits on the numbers of users who may hold an approval, and the persons that they could deal with in respect of the organism:
j: specifying the duration of the approval or of a control before requiring review by the Authority, and the nature of that review.
2: Subsection (1)
38E: Duration of conditional release approval
1: A conditional release approval that expressly states that it does not expire expires on the close of the date on which the last control to which the approval relates expires.
2: In any other case, a conditional release approval expires on the earlier of the following:
a: the date of expiry (if any) specified in the approval; or
b: if no date of expiry is specified, 5 years after the date on which the approval is granted; or
c: the close of the date on which the last control to which the approval relates expires.
38F: Consequences of expiry of conditional release approval
On the expiry of a conditional release approval, the new organism concerned must be disposed of unless, before the expiry of the approval, another approval has been granted under this Act.
38G: Review of controls on conditional release approval
1: The Authority may, on its own initiative or on the application of any user of a conditional release approval or of any person specified in section 97 or section 97A
a: the review is to amend a control so that it better meets the objective of the control; or
b: the control included a review requirement specifying—
i: the circumstances in which the control would be reviewed; and
ii: the potential consequences of the review.
2: The Authority—
a: may carry out the review without publicly notifying the review in accordance with section 53
b: if it does so, must—
i: consult, and consider the views of, the Department of Conservation and any other government agency (as defined in section 49A
ii: publicly notify the results of the review.
3: This section does not limit section 67A
38H: Restriction on release of new organism subject to conditional release approval
A person who did not obtain a conditional release approval for a new organism that is subject to a conditional release approval must not release the new organism in accordance with the approval unless, before the release, the person has given notice in writing to the Authority of the proposed release. Release of qualifying organisms
38I: Assessment of applications for release of qualifying organisms
1: If the Authority receives an application under section 34
a: make a rapid assessment of the adverse effects of importing for release or releasing from containment the qualifying organism; and
b: approve the importation for release or the release from containment of the qualifying organism with or without controls.
2: If the Authority does not approve an application under this section, the Authority must assess and determine the application under section 38
3: The Authority or the responsible chief executive, as the case may be, may determine that a qualifying organism is or is contained in a qualifying medicine or a qualifying veterinary medicine only if satisfied that, taking into account all the controls that will be imposed (if any), it is highly improbable that—
a: the dose and routes of administration of the medicine or veterinary medicine would have significant adverse effects on—
i: the health of the public; or
ii: any valued species; and
b: the qualifying organism could form an undesirable self-sustaining population and would have significant adverse effects on—
i: the health and safety of the public; or
ii: any valued species; or
iii: natural habitats; or
iv: the environment.
4: In determining under subsection (3)
a: any effect of the medicine or qualifying organism on the person who is being treated with the medicine:
b: any effect of the veterinary medicine or qualifying organism on the animal that is being treated with the veterinary medicine.
5: An approval granted under this section is not an approval—
a: to use a qualifying medicine until the medicine has been lawfully supplied for use under the Medicines Act 1981
b: to use a qualifying veterinary medicine until the veterinary medicine has been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997
38J: Procedure for assessing and approving application by responsible chief executive
If the Authority has delegated to the responsible chief executive its power to assess and approve an application under section 38
a: be paid the fee set by the Authority for the assessment and approval of the application; and
b: determine whether the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, as the case may be; and
c: if the responsible chief executive is satisfied that the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, the responsible chief executive may, with or without controls, approve the release of the qualifying organism.
38K: Controls
1: The type of controls that may be imposed on the importation for release or release from containment of a qualifying organism include—
a: controls for the distribution of the qualifying medicine or qualifying veterinary medicine:
b: controls providing for the methods of administering the qualifying medicine or qualifying veterinary medicine:
c: controls concerning the persons who may administer the qualifying medicine or qualifying veterinary medicine:
d: controls concerning the persons to whom the qualifying medicine may be administered:
e: controls concerning the animals to which the qualifying veterinary medicine may be administered.
2: Subsection (1)
38L: Review of controls for qualifying organisms
1: The Authority may, on its own initiative or on the application of the holder of an approval under section 381 section 97 or section 97A
a: the review is to amend a control so that it better meets the objective of the control; or
b: the control included a review requirement specifying—
i: the circumstances in which the control would be reviewed; and
ii: the potential consequences of the review.
2: The Authority—
a: may carry out the review without publicly notifying the review in accordance with section 53
b: if it does so, must—
i: consult, and consider the views of, any government agency (as defined in section 49A
ii: publicly notify the results of the review.
3: This section does not limit section 67A
21: Importation or development of new organisms in containment
1: Section 39(1)(a) genetically modified new
2: Section 39 subsection (2)
2: A decision by the Authority under section 38 or section 38C or section 38I subsection (1)
3: If an application has been made to the Authority for a conditional release approval, any person may apply to the Authority for approval to put the organism into containment and the application—
a: must be treated in all respects as an application to import a new organism into containment; and
b: may be granted only for 1 or more of the purposes specified in subsection (1)
4: If an application has been made to the Authority for an approval under section 38I
a: must be treated in all respects as an application to import a new organism into containment; and
b: may be granted only for 1 or more of the purposes specified in subsection (1)
22: Application for containment approval for new organisms
Section 40(2)(b) and large scale fermentation
23: New
sections 42A 42B The principal Act is amended by inserting, after section 42
42A: Rapid assessment of projects for low-risk genetic modification
1: An application made under section 40 section 40(2)
a: a project for the development of genetically modified organisms; and
b: the identity of the host organisms; and
c: the nature and range of the proposed genetic modifications.
2: After the Authority receives an application under section 40 subsection (1)
a: any host organism specified for the project meets the criteria for host organisms prescribed in regulations made under section 41
b: any genetic modification specified for the project meets the criteria for genetic modification procedures prescribed in regulations made under section 41
3: If the Authority has completed a rapid assessment under subsection (2)
a: approve the application; and
b: impose controls providing for each of the matters specified in the Third Schedule
c: direct the applicant to provide progress reports on the development at the times specified or required by the Authority.
42B: Rapid assessment of adverse effects for importation of genetically modified organisms into containment
1: After the Authority receives an application under section 40
2: If the Authority is satisfied that the importation meets the criteria for a low-risk-genetic modification specified in regulations made under section 41 Third Schedule
3: Section 25(4) section 19(2)(a)
24: New
section 43 The principal Act is amended by repealing section 43
43: Additional matters to be considered when application made for developing new organisms in containment
The Authority, when making a decision under section 45
a: in the case of an application made under section 40(1)(b) section 41
b: in the case of all applications made under section 40(1)(b) section 37
25: Additional matters to be considered for certain developments and field tests
Section 44A(4)
26: Determination of application
1: Section 45(1) section 42 of this Act section 42 or section 42A or section 42B
2: Section 45(1)(a)(ii) should the organism escape
3: Section 45
4: In taking into account the adverse effects of the organism under subsection (1)(a)(ii)
a: the adverse effects (if any) of having the organism and any inseparable organism in containment; and
b: the probability that the organism may escape after considering all the controls to which the organism would be subject if the application were approved; and
c: the effects of the organism, if the organism were to escape.
27: New
section 45B The principal Act is amended by inserting, after section 45A
45B: Animals in circus or zoological garden deemed approved under
section 255 The Authority may, for a deemed approval under section 255
a: include controls that provide for each of the applicable matters specified in the Third Schedule
b: include controls that provide for any other matters in order to give effect to the purpose of this Act; and
c: remove or vary the conditions imposed under section 255
28: Exemptions from provisions of Act in emergencies
Section 49 section 50 of this Act sections 49A to 50
29: New heading and
sections 49A to 49K The principal Act is amended by inserting, after section 49 Rapid assessment and approval of agricultural compounds and medicines in special emergencies
49A: Interpretation
In sections 49B to 49K adverse event section 46(1) agricultural compound section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997 government agency
a: a department specified in the First Schedule of the State Sector Act 1988
b: a Crown entity specified in the Fourth Schedule of the Public Finance Act 1989 interested government agency medicine section 3 of the Medicines Act 1981 responsible Minister
a: this Act; or
b: the Agricultural Compounds and Veterinary Medicines Act 1997
c: the Biosecurity Act 1993
d: the Conservation Act 1987
e: the Fisheries Act 1996
f: the Health Act 1956
g: the Medicines Act 1981 special emergency section 49B
49B: Declaration of special emergency
1: A responsible Minister may declare an adverse event to be a special emergency if the adverse event is a matter that comes within the Minister's portfolio.
2: A declaration of a special emergency—
a: must be notified or published in the Gazette
b: is not a regulation for the purposes of the Acts and Regulations Publication Act 1989
3: A special emergency expires—
a: on the close of the date (if any) specified in the declaration as the expiry date; or
b: if paragraph (a) Gazette
49C: Application of
sections 49D to 49K Sections 49D to 49K
a: the special emergency is foreseeable; and
b: the importation, release, or use of an agricultural compound or medicine in the special emergency is foreseeable.
49D: Application for approval to use agricultural compound or medicine in special emergency
1: A person who does not have approval under this Act to do a thing specified in subsection (2)
2: The things are—
a: import any agricultural compound or medicine for release; or
b: manufacture an agricultural compound or medicine that is a hazardous substance otherwise in containment; or
c: release any agricultural compound or medicine from containment; or
d: use any agricultural compound or medicine in a manner that would contravene this Act or any regulations.
3: For the purposes of subsection (1)
a: it does not matter whether the application is made or approved before or after the special emergency has been declared:
b: the applicant may import, release, or use the agricultural compound or medicine before the declaration of the special emergency has been notified or published in the Gazette
49E: Contents of application
1: An application under section 49D
2: Without limiting subsection (1)
a: information to identify the agricultural compound or medicine and the hazardous substance or new organism that is or is contained in the agricultural compound or medicine; and
b: information showing that the agricultural compound or medicine is necessary to deal with the special emergency; and
c: a proposed plan for dealing with the use of the agricultural compound or medicine in the special emergency; and
d: any reports by experts available from—
i: the applicant:
ii: any overseas regulatory agencies; and
e: written confirmation by the applicant that the agricultural compound or medicine satisfies all relevant manufacturing practices and standards; and
f: information on whether the agricultural compound or medicine has been approved for use in an overseas country; and
g: information on whether approval for use of the agricultural compound or medicine has been declined in an overseas country; and
h: information on the nature of the special emergency; and
i: information on the nature of the agricultural compound or medicine; and
j: information on the labelling of the agricultural compound or medicine; and
k: all other prescribed information (if any).
3: The Authority may, by written notice given to the applicant, require the applicant to verify the application by statutory declaration.
4: An applicant may, by written notice to the Authority, withdraw the application at any time.
49F: Determination of applications
1: As soon as practicable after receiving an application under section 49D
2: In determining whether to approve or decline the application, the Authority must—
a: consult, and have particular regard to the views of, the Department of Conservation; and
b: consult and consider the views of any other interested government agency; and
c: consider all the information on the matters specified in section 49E
3: The Authority may decline the application only if it is satisfied that—
a: the agricultural compound or medicine is not necessary for use in the special emergency; or
b: if the application relates to a hazardous substance, the proposed plan does not adequately control the adverse effects of the hazardous substance; or
c: if the application relates to a new organism, the proposed plan does not adequately control the adverse effects of the new organism or any inseparable organism (including, but not limited to, adequate control of the organism if the organism is likely to establish an undesirable self-sustaining population, taking into account the ease of destroying such a population).
49G: Controls attaching to approval of application
If the Authority approves an application under section 49F
a: the measures that must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of the agricultural compound or medicine:
b: the requirements for the disposal of the agricultural compound or medicine and any waste products:
c: the requirements for the eradication or control of any new organism.
49H: Notification or publication of approval of application
1: An approval under section 49F Gazette
2: The notified or published approval—
a: must describe the special emergency to which it relates; and
b: must specify where a copy of the plan for dealing with the use of the agricultural compound or medicine in the special emergency may be inspected or obtained; but
c: need not specify what the approval has been granted for.
3: If the approval is only notified in the Gazette
a: the notice must specify where a copy of the approval may be inspected or obtained; and
b: the Authority must make copies of the approval available for inspection free of charge, and for purchase at a reasonable cost, at the head office of the Authority and at any other places that the Authority determines as necessary or appropriate.
49I: Effect of approval of release
1: An approval for the importation, release, or use of an agricultural compound or medicine in a special emergency is limited to the importation, release, or use of the agricultural compound or medicine in the special emergency.
2: If an approval relates to a new organism, the organism does not cease to be a new organism because it is released in accordance with the approval.
49J: Duration of approval
An approval under section 49F
a: the date of expiry (if any) of the special emergency specified by a responsible Minister in—
i: the declaration declaring the special emergency; or
ii: a later declaration declaring that the special emergency has ceased; or
b: the date of expiry (if any) specified by the Authority in the approval, which must not be later than the date of expiry of the special emergency; or
c: if paragraph (a) or paragraph (b)
49K: Consequences of expiry of approval
On the expiry of an approval under section 49F
30: Prohibited organisms
1: Section 50(1) (3) (4) the Second Schedule to this Act Schedule 2
2: Section 50 subsection (2)
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
a: add a new organism that the Authority has, under subsection (3)
b: add a new organism, or group or groups of new organisms, that have adverse effects on the health and safety of people or the environment:
c: remove an organism or group of organisms, but only if the organism was inserted by Order in Council.
2A: Subsection (2) section 141
2B: An organism in Schedule 2 section 140(1)(ba)
31: Transhipment of substances and organisms
Section 51(2)(a) the Second Schedule to this Act Schedule 2
32: Applications required to be publicly notified
1: Section 53(1) paragraph (a)
ab: an application under section 38A .
2: Section 53(1)(b) section 35 or section 38I
3: Section 53(1)(c) , if the application has not been approved under section 38I
4: Section 53(2)(b) or section 42A or section 42B
5: Section 53(4)(c) subparagraph (ii)
ii: any local authority (within the meaning of the Local Government Act 2002
33: Information held on behalf of applicant
1: Section 55(3) paragraph (a)
a: any information is held by the Authority relating to any application made under this Act in respect of a hazardous substance or new organism; and .
2: Section 55(3)(b) That substance the substance or organism that is the subject of the application
3: Section 55(4)
a: after the words hazardous substances or new organisms
b: after the word substance or organism
4: Section 55(4A) paragraph (a)
a: any information is held by the Authority relating to any application made under this Act in respect of a hazardous substance or new organism; and .
5: Section 55(4A)(b) That substance the substance or organism that is the subject of the application
6: Section 55(4B)
a: after the words hazardous substances or new organisms
b: after the word substance or organism
7: Section 55(7) (4A)(b) (4B)(b)
34: Authority to withhold information
1: Section 57(2) immediately notify make all reasonable efforts to contact and notify immediately
2: Section 57 subsection (4)
4: The Authority may release the information or withhold the information in accordance with the Official Information Act 1982
a: the Authority has complied with subsection (2)
b: the time limit specified in subsection (3)
35: Further information
Section 58(1)(c) field test, conditionally release,
36: Time limits and waivers
1: Section 59(1)(a) section 28A or section 35 or section 42 of this Act paragraph (b)
2: Section 59(1) paragraph (b)
b: if any of sections 28A, 35, 38I, 42, 42A, or 42B
i: make a rapid assessment of the application within 10 working days after receipt of the application; and
ii: if the application is not approved under one of those sections, publicly notify the application, if required under this Act, within 10 working days of the Authority's decision.
3: Section 59(2) not later than 15 working days as soon as reasonably practicable but not later than 30 working days
37: Grounds for reassessment of a substance or organism
1: Section 62(1) containment , any conditionally released new organism, any qualifying organism released with controls,
2: Section 62(4) 42 38C, 38I, 42, 42A, 42B,
38: Reassessment
1: Section 63(2) paragraph (c)
ca: sections 38A to 38D and 54 to 61
cb: sections 38I to 38L and 54 to 58 .
2: Section 63
3: However, a reassessment of a qualifying organism released with controls is not required to be publicly notified in accordance with section 53
39: Minister's power to call in applications with significant effects
Section 68 subsection (1)
1: The Minister may direct that he or she will decide an application under this Act if the Minister considers that the decision on the application will have—
a: significant cultural, economic, environmental, ethical, health, international, or spiritual effects; or
b: significant effects in an area in which the Authority lacks sufficient knowledge or experience.
40: Notification of Minister's direction
Section 69(1) 15 working days after receipt, by the Authority, of the application 30 working days after the date on which the Authority gives public notice of the application
41: Conduct of inquiry by Authority
Section 71 subsection (4)
4: The Authority—
a: must hold an inquiry in public; and
b: must consider—
i: all matters under this Act relevant to the application; and
ii: the Minister's reasons for giving the direction under section 68
42: Minister to decide application and notify decision
Section 73(3) Part VI
43: Part 5A
1: Part 5A
2: Section 9 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002
44: Enforcement of Act
Section 97 Act (including any controls imposed on approvals granted under this Act)
45: New
section 97A The principal Act is amended by inserting, after section 97
97A: Enforcement of Act in respect of new organisms
1: The enforcement agency must ensure that the provisions of this Act are enforced in respect of new organisms.
2: For the purpose of complying with subsection (1) Biosecurity Act 1993
3: A person who may exercise powers under the Biosecurity Act 1993
4: Without limiting subsection (2) Biosecurity Act 1993 sections 162A, 163, and 164 of that Act
5: In this section,— enforcement agency Biosecurity Act 1993 unwanted organism section 2(1) of the Biosecurity Act 1993
46: Co-ordination of inspection
Section 98(1) (3) section 97 of this Act section 97 or section 97A
47: New
section 98A The principal Act is amended by inserting, after section 98
98A: Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers
1: For the purposes of this Act, a chief executive has the same functions, powers, duties, and protections that enforcement officers have under this Act.
2: In subsection (1) chief executive
a: the chief executive of the department of State responsible for the administration of this Act:
b: the chief executive of the Authority.
48: Supervision of inspection
Section 99(1) section 97 of this Act section 97 or section 97A
49: Powers of entry for inspection
Section 103(1)(c) the conditions compliance with the conditions or controls on any hazardous substance or new organism
50: Form and content of compliance order
1: Section 106(d) , which shall not be less than 4 days from the time at which the notice is served
2: Section 106(f) and the last day on which a notice of appeal can be lodged
3: Section 106 subsection (2)
2: The period referred to in paragraph (1)(d) of this section
a: commence at the time the notice is served; and
b: be reasonable, having regard to the circumstances giving rise to the compliance order.
51: Penalties
Section 114 subsection (6)
6A: To avoid doubt, the Court may make an order under either or both of subsection (5) and subsection (6)
52: New
Part 7A The principal Act is amended by inserting, after Part 7
7A: Pecuniary penalties and civil liability for breaches relating to new organisms
124A: Interpretation
In this Part, unless the context otherwise requires,— Court enforcement agency Biosecurity Act 1993 Pecuniary penalties
124B: Pecuniary penalty order
1: The enforcement agency may apply to the Court for an order that a person pay to the Crown a pecuniary penalty under this Act.
2: The Court may make the order if it is satisfied that the person—
a: developed, field tested, imported, or released a new organism in breach of this Act; or
b: possessed or disposed of any new organism imported, manufactured, developed, or released in breach of this Act; or
c: failed to comply with any controls relating to a new organism—
i: imposed by any approval granted under this Act; or
ii: specified in regulations made under this Act.
3: The Court must not make the order if the person satisfies the Court that the person did not know, and could not reasonably have known, of the breach.
124C: Amount of pecuniary penalty
1: The Court must not make an order for the payment of a pecuniary penalty that exceeds,—
a: in the case of an individual, $500,000; or
b: in the case of a body corporate, the greater of—
i: $10,000,000; or
ii: if it can be readily ascertained and if the Court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
iii: if the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
2: In determining an appropriate penalty under this section, the Court must have regard to all relevant matters, including—
a: the nature and extent of the breach:
b: the nature and extent of any loss or damage suffered by any person or to the environment as a result of the breach:
c: the circumstances in which the breach took place:
d: whether or not the person has previously been found in proceedings under this Act to have engaged in any similar conduct:
e: the steps taken by the person to bring the breach to the attention of the enforcement agency:
f: the steps taken by the person to avoid, remedy, or mitigate the effects of the breach.
3: In this section, interconnected turnover Commerce Act 1986
124D: Other orders instead of or in addition to pecuniary penalty order
1: At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B
a: an order that the person mitigate or remedy any adverse effects on people or the environment—
i: caused by or on behalf of the person; or
ii: relating to any land that the person owns or occupies; or
b: an order to pay the costs of mitigating or remedying the adverse effects specified in paragraph (a)
2: At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B
3: To avoid doubt, the Court may make an order under either or both of subsections (1) and (2)
124E: Standard of proof and procedural matters
In proceedings for an order under section 124B
a: the standard of proof is the standard of proof that applies in civil proceedings; and
b: the enforcement agency may, by order of the Court, obtain discovery and administer interrogatories.
124F: Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings
1: Criminal proceedings under this Act may be started against a person whether or not proceedings for an order under section 124B
2: Uncompleted proceedings for an order under section 124B Civil liability for acts and omissions while in breach
124G: Civil liability
1: A person is liable in damages for any loss or damage caused by any act or omission of the person while—
a: developing, field testing, importing, or releasing a new organism in breach of this Act:
b: possessing or disposing of any new organism imported, manufactured, developed, or released in breach of this Act; or
c: failing to comply with any controls relating to a new organism—
i: imposed by any approval granted under this Act; or
ii: specified in any regulations made under this Act.
2: A person is liable under subsection (1)
a: the person intended the act, omission, or breach; or
b: the person was taking reasonable care when the act, omission, or breach occurred.
3: To avoid doubt, proceedings under this section are in addition to, and not in substitution for, any other cause of action.
124H: Defences to liability under
section 124G
1: A person is not liable under section 124G if the person proves 1 or more of the defences specified in subsection (2)
2: The defences are—
a: that—
i: the breach was necessary for the purpose of—
A: saving or protecting life or health; or
B: preventing serious damage to property; or
C: avoiding an actual or likely adverse effect on the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred; or
b: that the breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and—
i: the event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred; or
c: that the defendant did not know, and could not reasonably have known, of the breach. Liability for acts and omissions of others
124I: Breaches, acts, and omissions by directors, employees, or agents
1: This section applies for the purposes of sections 124B and 124G
2: A body corporate is to be treated as in breach of this Act or as having done or omitted to do an act if—
a: a director, employee, or agent of the body corporate, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or
b: any other person, at the direction or with the consent or agreement (whether express or implied) of a director, employee, or agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent, is in breach of this Act or has done or omitted to do an act.
3: A person ( person A
a: an employee or agent of person A, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or
b: any other person, at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent, is in breach of this Act or has done or omitted to do an act.
4: If a person in breach of this Act has a defence to the breach under section 124H subsection (2) or subsection (3)
5: However, the defence under section 124H(2)(c)
6: If the Court is prevented by section 124B(3) subsection (2) or subsection (3) of this section section 124B
53: Regulations
1: Section 140(1) paragraph (b)
ba: prescribing organisms that are not new organisms for the purposes of this Act: .
2: Section 140(1) paragraph (f)
fa: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:
fb: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate illness or injury to people or animals (other than the persons or animals referred to in section 38I(4)(a) and (b) .
3: Section 140 subsection (2)
2A: Regulations may be made under subsection (1)(ba)
a: whether the organism has formed a self-sustaining population in New Zealand; and
b: whether any person is attempting to manage, control, or eradicate the organism under any Act.
54: New
Schedule 2 The principal Act is amended by repealing Schedule 2
55: Transitional provision: human cell research in containment
1: This section applies to a genetically modified human cell if, at the commencement of this section, the genetically modified human cell—
a: is present in New Zealand; and
b: is in a containment facility approved under section 39 Biosecurity Act 1993
2: A genetically modified human cell to which this section applies must be treated as if it had been approved under section 45
3: Subsection (2)
a: the genetically modified human cell; and
b: the nature and range of the genetic modification; and
c: the containment facility in which the genetically modified human cell is held.
4: The Authority may, by notice in writing to the holder of the genetically modified human cell,—
a: impose controls under section 45(2)
b: require the holder of the genetically modified human cell to supply to the Authority such further information relating to the cell as is specified in the notice.


1: Title
1: This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2003.
2: In this Act, the Agricultural Compounds and Veterinary Medicines Act 1997 the principal Act
2: Commencement
This Act comes into force on 30 October 2003.
3: Director-General to withhold information
1: Section 12(2) immediately notify make all reasonable efforts to contact and notify immediately
2: Section 12 subsection (4)
4: The Director-General may release the information or withhold the information in accordance with the Official Information Act 1982
a: the Director-General has complied with subsection (2)
b: the time limit specified in subsection (3)
4: Waiver of notification
Section 15 subsection (2)
2: The Director-General may waive the requirement to notify an application in accordance with section 14
a: a biosecurity emergency declared under section 144 of the Biosecurity Act 1993
b: a special emergency declared under section 49B of the Hazardous Substances and New Organisms Act 1996
3: The Director-General may waive the requirement to notify an application in accordance with section 14
a: the trade name product is not, and does not contain, a hazardous substance or new organism (within the meaning of the Hazardous Substances and New Organisms Act 1996
b: the Minister has advised the Director-General in writing that—
i: an emergency has arisen under this Act; and
ii: the Minister agrees to the Director-General considering whether to grant a waiver; and
c: the Director-General is of the opinion that the trade name product is likely to be required for use in the emergency.


Medicines Amendment Act (No 2) 2003

1: Title
1: This Act is the Medicines Amendment Act (No 2) 2003.
2: In this Act, the Medicines Act 1981 the principal Act
2: Commencement
This Act comes into force on 30 October 2003.
3: Interpretation
Section 2(1) ERMA Hazardous Substances and New Organisms Act 1996 new organism section 2A Hazardous Substances and New Organisms Act 1996 qualifying new medicine
a: is or contains a new organism; and
b: meets the criteria set out in section 38I(3) Hazardous Substances and New Organisms Act 1996 qualifying organism
4: New
section 5A The principal Act is amended by inserting, after section 5
5A: Relationship with
Hazardous Substances and New Organisms Act 1996 In relation to medicines that are or contain hazardous substances or new organisms, the requirements of this Act are additional to the requirements of the Hazardous Substances and New Organisms Act 1996
5: New
sections 24A to 24G The principal Act is amended by inserting, after section 24 Qualifying new medicines
24A: Assessment of qualifying new medicines
The Director-General may grant an approval under section 38I of the Hazardous Substances and New Organisms Act 1996
a: has the consent of the Minister to do so; and
b: is acting under a delegation from ERMA given under section 19 of that Act
24B: Procedure if Director-General declines to grant approval
If the Director-General declines to grant an approval because the new organism is not a qualifying new medicine, then—
a: the Director-General must—
i: inform ERMA that the new medicine is not a qualifying new medicine; and
ii: provide ERMA with a copy of all information (from assessing the safety, quality, and efficacy of the new medicine) that the Director-General considers may assist ERMA in deciding whether to approve or decline the application under the Hazardous Substances and New Organisms Act 1996
b: the Minister must not consent under section 20 section 23 Hazardous Substances and New Organisms Act 1996 Approval of medicines required for use in special emergency
24C: Interpretation
In sections 24D to 24G hazardous substance section 2(1) of the Hazardous Substances and New Organisms Act 1996 responsible Minister section 49A of the Hazardous Substances and New Organisms Act 1996 special emergency section 49A of the Hazardous Substances and New Organisms Act 1996
24D: Approval of medicines required for use in special emergency
1: An application may be made to the Minister for approval to distribute, sell, or advertise in a special emergency a medicine that is or contains a hazardous substance or new organism.
2: The Minister may approve an application under subsection (1)
a: the special emergency has been declared and has not come to an end; and
b: the medicine is required for the special emergency; and
c: the application complies with subsection (3)
3: An application under subsection (1)
a: be accompanied by the prescribed application fee (if any); and
b: be in a form approved by the Director-General; and
c: be accompanied by any information that the Minister considers is necessary for determining whether or not to approve the application.
24E: Notification or publication of approval
The approval of an application under section 24D Gazette
24F: Duration of approval
An approval of an application under section 24D
a: the date of expiry (if any) of the special emergency specified by the responsible Minister in—
i: the declaration declaring the special emergency; or
ii: a later declaration declaring that the special emergency has ceased; or
b: the date of expiry (if any) specified by the responsible Minister in the approval, which must not be later than the date of expiry of the special emergency; or
c: if paragraph (a) or paragraph (b)
24G: Consequences of expiry of approval
On the expiry of an approval of an application under section 24D


Biosecurity Amendment Act (No 2) 2003

1: Title
1: This Act is the Biosecurity Amendment Act (No 2) 2003.
2: In this Act, the Biosecurity Act 1993 the principal Act
2: Commencement
This Act comes into force on 30 October 2003.
3: New
section 28B The principal Act is amended by inserting, after section 28A
28B: Biosecurity clearance for certain new organisms and qualifying organisms
Section 28
a: a new organism that is subject to a conditional release approval granted under section 38C of the Hazardous Substances and New Organisms Act 1996
b: a qualifying organism approved for importation for release with controls under section 38I of that Act


Administration Amendment Act 2003

1: Title
1: This Act is the Administration Amendment Act 2003.
2: In this Act, the Administration Act 1969 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interest on legacies and annuities
Section 39 subsection (2)
2: While interest is payable on a legacy or on arrears of an annuity, in accordance with the will or instrument pursuant to which the legacy or annuity is payable or any enactment or rule of law, unless the will or instrument otherwise provides or the Court otherwise orders, the interest on the legacy or arrears of the annuity is payable—
a: at the rate of 7.5% per annum; or
b: at any other rate that may from time to time be fixed for the purposes of this section by the Governor-General by Order in Council.
2A: However, if an administrator (in accordance with any power conferred on the administrator in that behalf) appropriates property in or towards satisfaction of a legacy (other than an annuity),—
a: the legatee is entitled to the income from the property so appropriated; and
b: interest is not payable out of any other part of the estate on so much of the legacy as has been satisfied by the appropriation.
2B: The Ministry of Justice must, at least once every 2 years after the date on which this subsection comes into force, review and report to the Minister of Justice on the rate of interest payable under subsection (2)


1: Title
1: This Act is the Armed Forces Discipline Amendment Act 2003.
2: In this Act, the Armed Forces Discipline Act 1971 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Schedule 4 Schedule 4
a: omitting from the first item the words Reduction in rank‡ Reduction in rank (this punishment may be imposed only on a petty officer who, at the time of the disposal of the charge, is on sea service)
b: revoking the note to the first item denoted by the symbol ‡
c: omitting from the third item the words Detention for a period not exceeding 60 days‡ Detention for a period not exceeding 60 days (this punishment may be imposed only on a rating of able rank or of lower rank in respect of an offence committed on sea service)
d: revoking the note to the third item denoted by the symbol ‡


Bail Amendment Act 2003

1: Title
1: This Act is the Bail Amendment Act 2003.
2: In this Act, the Bail Act 2000 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Variation of conditions of bail
Section 57(3) in writing
4: Arrest of defendant charged with drug dealing offence
Section 59(2) 48 72


1: Title
1: This Act is the Births, Deaths, and Marriages Registration Amendment Act 2003.
2: In this Act, the Births, Deaths, and Marriages Registration Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Schedule 1A amended
Schedule 1A This following table is small in size and has 3 columns. This table amends Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995 and should be read with that table to provide understanding of the context. Accident Compensation Corporation Birth information To verify the identity of a claimant, and a claimant's eligibility or continuing eligibility for a benefit Marriage information To verify a claimant's change of name Death information To identify deceased claimants


Burial and Cremation Amendment Act 2003

1: Title
1: This Act is the Burial and Cremation Amendment Act 2003.
2: In this Act, the Burial and Cremation Act 1964 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Burial of members of Her Majesty's Forces, etc
Section 15(2) Minister of Internal Affairs Minister of Veterans' Affairs
4: Inspection of cemeteries
Section 52 subsection (1)
1: An employee of the Public Service appointed by the Minister for the purpose, or any person designated as a Health Protection Officer under the Health Act 1956
a: ascertain the state and condition of it; and
b: examine the accounts of receipts and expenditure in relation to it; and
c: if regulations or bylaws in relation to it have been made under this Act, ascertain whether the regulations or bylaws are being observed and complied with.


1: Title
This Act is the Business Development Boards Act Repeal Act 2003.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Business Development Boards Act 1991 The Business Development Boards Act 1991 (1991 No 108)
4: Consequential amendments to other Acts
1: Schedule 1 Ombudsmen Act 1975 Part 2 Business Development Boards established pursuant to the Business Development Boards Act 1991
2: Schedules 4 5 7 Public Finance Act 1989 Business Development Boards


Conservation Amendment Act 2003

1: Title
1: This Act is the Conservation Amendment Act 2003.
2: In this Act, the Conservation Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to conservation management strategies and conservation management plans
Section 17I subsection (1)
1A: The Director-General may amend a conservation management strategy so that the information in the strategy required by section 17D(7) Subsections (1), (2), and (4)(a)
4: Schedule 1 Schedule 1 The Sand Drift Act 1908


1: Title
1: This Act is the Construction Contracts Amendment Act 2003.
2: In this Act, the Construction Contracts Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application of other enactments to adjudications
Section 71(2)(a) 24 32


Coroners Amendment Act 2003

1: Title
1: This Act is the Coroners Amendment Act 2003.
2: In this Act, the Coroners Act 1988 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2 Minister responsible department .
2: The definition of Secretary section 2 Department for Courts: responsible department.
4: Inquests to be before coroner alone
Section 21(2) of the Crown who is responsible for the Department for Courts
5: Retirement of coroners and deputies
Section 33(6) of Justice
6: Information held in Department of Justice
1: The heading to section 44 Department of Justice responsible department
2: Section 44 subsection (3)
3: Subject to subsection (2)
a: in the case of a request made by the individual to whom the information relates, in accordance with the Privacy Act 1993
b: in any other case, in accordance with the Official Information Act 1982


1: Title
1: This Act is the Courts Martial Appeals Amendment Act 2003.
2: In this Act, the Courts Martial Appeals Act 1953 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Title amended
The Title of the principal Act is amended by omitting the words and certain naval disciplinary courts


Defence Amendment Act 2003

1: Title
1: This Act is the Defence Amendment Act 2003.
2: In this Act, the Defence Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Regulations fixing certain terms and conditions of service
Section 46 paragraph (a)
a: the making of grants in the amounts and circumstances prescribed by the regulations to—
i: discharged or retired members of the Armed Forces; or
ii: dependants of members of the Armed Forces; or
iii: dependants of deceased, discharged, or retired members of the Armed Forces; or
iv: the executors or administrators of the estates of deceased members of the Armed Forces (whether or not probate or letters of administration have been granted): .
4: New
section 51 The principal Act is amended by repealing section 51
51: Persons receiving pay but not properly attested
A person who, without having been properly attested, has accepted pay as a member of a component of the Armed Forces referred to in section 11(3) to (5)
a: is a member of that component until discharged; and
b: must be discharged without delay at any time before being properly attested, if he or she so requests.
5: Constitution of cadet forces
Section 74(2) paragraphs (a) (b)
a: determine the number of units comprising—
i: the Sea Cadet Corps; or
ii: the New Zealand Cadet Corps; or
iii: the Air Training Corps; or
iv: any combination of those corps; and
b: authorise and direct the formation of a unit that is a unit of any of those corps or any combination of them, and determine or approve the size of the unit's membership; and .
6: Regulations
Section 101(1) paragraph (f)
f: providing for the enlistment of forces under section 11(3)(e), (4)(d), or (5)(d) .


District Courts Amendment Act 2003

1: Title
This Act is the District Courts Amendment Act 2003.
2: Commencement
This Act comes into force on 24 November 2003.
3: Schedule of District Courts Amendment Act 2002 amended
The Schedule of the District Courts Amendment Act 2002 Protection of Personal and Property Rights Act 1988 Right of appeal to High Court
83: Right of appeal to High Court
1: If, on an application for the exercise of the Court's jurisdiction under this Act, the Court makes or refuses to make an order, or dismisses or otherwise finally determines the proceedings, a party to the proceedings or the person in respect of whom the application was made may appeal to the High Court against the order or other decision of the Court.
2: If the Court makes an interlocutory or interim order, a party to the proceedings or the person in respect of whom the application was made may, with the leave of the Court, appeal to the High Court against the order.
3: The High Court Rules and sections 74 to 78 of the District Courts Act 1947 subsection (1) or subsection (2) section 72 of that Act
4: On the ex parte application of the appellant, the Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947
5: Subsection (4) subsection (3)


Domestic Violence Amendment Act 2003

1: Title
1: This Act is the Domestic Violence Amendment Act 2003.
2: In this Act, the Domestic Violence Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Regulations
Section 127(a)
iva: providing for the review of a decision to refuse an application for approval:
ivb: providing for the review of a decision to cancel an approval:


1: Title
1: This Act is the Flags, Emblems, and Names Protection Amendment Act 2003.
2: In this Act, the Flags, Emblems, and Names Protection Act 1981 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2 Minister Minister .
2: Section 2 Ministry .
3: The definition of registering authority section 2
d: the Registrar of Friendly Societies and Credit Unions under the Friendly Societies and Credit Unions Act 1982
k: the Registrar of Unions under the Employment Relations Act 2000 .
4: Administration of Act
1: Section 4(1) Department of Internal Affairs Ministry
2: Section 4(2) Department of Justice Ministry of Justice
5: Use of alternative flags
Section 9 subsection (2)
2: The Governor-General may authorise the use of a flag under subsection (1)
a: the Minister of Defence if subsection (1)(a)
b: the Minister of Transport if subsection (1)(b)
6: Rules relating to flying of New Zealand Flag
Section 10(1) of Internal Affairs
7: Unauthorised use of words suggesting Royal or government patronage
Section 14(4)(a) subparagraph (v)
v: the Minister if subsection (3)(b) or (c)(iv) .
8: Unauthorised use of name and emblem of United Nations and other international organisations
Section 16(2) of Internal Affairs


Gas Amendment Act 2003

1: Title
1: This Act is the Gas Amendment Act 2003.
2: In this Act, the Gas Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) gas operator by the Governor-General by Order in Council
4: New
section 5 The principal Act is amended by repealing section 5
5: Declaration of person as gas operator
1: The Minister may, by notice in the Gazette
2: The Minister must, as soon as reasonably practicable, by notice in the Gazette


Electricity Amendment Act 2003

1: Title
1: This Act is the Electricity Amendment Act 2003.
2: In this Act, the Electricity Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) electricity operator by the Governor-General by Order in Council


1: Title
1: This Act is the Government Superannuation Fund Amendment Act (No 2) 2003.
2: In this Act, the Government Superannuation Fund Act 1956 the principal Act
2: Commencement
This Act comes into force on 1 July 2004.
3: Rate of contribution
Section 61B
a: omitting from subsection (1) Except as provided in subsection (2) of this section The
b: repealing subsection (2)
4: Rate of contributions by former contributors under
Part 2 Section 61F subsection (1)
1: The contribution to be made by a contributor under this Part who made, or is deemed to have made, an election under section 61E
5: Sections 61G 61H Sections 61G 61H


1: Title
1: This Act is the Health Research Council Amendment Act 2003.
2: In this Act, the Health Research Council Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Term of office
Section 9(1) or for a shorter term


1: Title
1: This Act is the Health and Disability Services (Safety) Amendment Act 2003.
2: In this Act, the Health and Disability Services (Safety) Act 2001 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Limitations on licensing and registration after 30 September 2002
Section 57(4) January October