1: Title
1: This Act is the Health and Safety in Employment Amendment Act 2002.
2: In this Act, the Health and Safety in Employment Act 1992 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on 5 May 2003.
3: Purpose
The purpose of this Act is to—
a: make the principal Act more comprehensive in its coverage, in particular by—
i: including the maritime, rail, and air industries; and
ii: confirming that persons who are mobile while they work are covered; and
iii: providing protection to volunteers, persons receiving on the job training or gaining work experience, and employees on loan; and
iv: confirming that harm can be caused by work-related stress; and
v: confirming that certain temporary conditions may cause a person's behaviour to be hazardous; and
b: include provisions in the principal Act requiring good faith co-operation between employers and employees in relation to health and safety; and
c: provide for more effective enforcement of the principal Act; and
d: prohibit persons from being indemnified and from indemnifying others against the cost of fines and infringement fees for failing to comply with the principal Act; and
e: promote compliance with International Labour Convention 155 concerning Occupational Safety and Health and the Working Environment.
2: Amendments to principal Act
4: Interpretation
1: Section 2(1) all practicable steps
2: Section 2(1) approved code of practice Armed Forces section 2(1) of the Defence Act 1990
3: Section 2(1) at work coastal cargo section 198(6) of the Maritime Transport Act 1994
4: Section 2(1) crew compliance order section 137 of the Employment Relations Act 2000 demise charter section 2(1) of the Ship Registration Act 1992
5: Section 2(1) employee employee sections 3C to 3F
6: Section 2(1) employer employer subject to sections 3C to 3F,
7: Section 2(1) employer enforcement action
a: in relation to an inspector,—
i: the laying of an information under this Act; or
ii: the issuing of an infringement notice under this Act; or
iii: the making of an application for a compliance order; and
b: in relation to a person other than an inspector,—
i: the laying of an information under this Act; or
ii: the making of an application for a compliance order.
8: Section 2(1) harm hazard harm
a: means illness, injury, or both; and
b: includes physical or mental harm caused by work-related stress hazard
a: means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and
b: includes—
i: a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and
ii: without limitation, a situation described in subparagraph (i) hazard notice section 46A(1) health and safety committee health and safety representative
9: Section 2(1) improvement notice infringement notice section 56B
10: Section 2(1) machinery matter sections 54, 54A, 54C, 54E, 56B, and 56C
a: a failure to comply with this Act or regulations made under this Act; or
b: a series of such associated failures arising out of, or relating to, the same incident, situation, or set of circumstances.
11: Section 2(1) Minister New Zealand New Zealand ship section 2(1) of the Ship Registration Act 1992
12: Section 2(1) place of work or structure , structure, or vehicle
13: Section 2(1) serious harm ship section 2(1) of the Ship Registration Act 1992
14: Section 2(1) trained health and safety representative section 46A(1) union section 5 of the Employment Relations Act 2000 volunteer
a: means a person who—
i: does not expect to be rewarded for work to be performed as a volunteer; and
ii: receives no reward for work performed as a volunteer; and
b: does not include a person who is in a place of work for the purpose of receiving on the job training or gaining work experience.
15: Section 2 subsection (3)
3: To avoid doubt, a person is in a place of work whenever and wherever the person performs work including in a place that—
a: the person moves through; or
b: itself moves.
5: New
section 2A The principal Act is amended by inserting, after section 2
2A: All practicable steps
1: In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—
a: the nature and severity of the harm that may be suffered if the result is not achieved; and
b: the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and
c: the current state of knowledge about harm of that nature; and
d: the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and
e: the availability and cost of each of those means.
2: To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.
6: New
sections 3A to 3F The principal Act is amended by inserting, after section 3
3A: Application of Act to aircraft
1: This Act applies to—
a: a person employed or engaged to work on board an aircraft; and
b: the person who employs or engages the person specified in paragraph (a)
c: the aircraft as a place of work.
2: However, this Act applies only while an aircraft is—
a: operating on a flight beginning at a place in New Zealand and ending at that same place; or
b: operating between 2 places in New Zealand (not as part of a flight beginning or ending outside New Zealand); or
c: operating outside New Zealand, and the person is employed or engaged under an employment agreement or contract for services governed by New Zealand law.
3: For the purposes of subsection 2(c)
4: Section 16
5: To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of an aircraft outside New Zealand.
3B: Application of Act to ships
1: This Act applies—
a: to a person—
i: employed or engaged under an employment agreement or contract for services governed by New Zealand law to work on board a New Zealand ship or on board a foreign ship carrying coastal cargo while the foreign ship is on demise charter to a New Zealand-based operator; or
ii: performing work on a foreign ship while it is carrying out petroleum operations in New Zealand continental waters (as defined in section 222(1) of the Maritime Transport Act 1994
b: to the person who employs or engages the person described in paragraph (a)
c: to the ship as a place of work.
2: Where this Act applies in respect of a New Zealand ship, it applies whether the ship is operating inside or outside New Zealand.
3: Section 16
4: To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of a ship outside New Zealand.
3C: Application of certain provisions to volunteers doing regular work
1: This section applies if—
a: a volunteer does work for another person (being an employer or self-employed person) with the knowledge or consent of the other person; and
b: the volunteer does the work on an ongoing and regular basis for that other person; and
c: the work is an integral part of the business of the employer or self-employed person.
2: When this section applies, sections 6 to 12, 19, and Part IV
a: as if the volunteer were an employee of the other person; and
b: as if the other person were the volunteer's employer; and
c: as if the volunteer were at work when doing work for the other person.
3: This section does not apply in respect of a volunteer doing any of the following voluntary work activities:
a: participation in a fundraising activity; or
b: assistance with sports or recreation for—
i: a sports club:
ii: a recreation club:
iii: an educational institution; or
c: assistance with activities for an educational institution outside the premises of the educational institution; or
d: providing care for another person in the volunteer's home.
3D: Protections for other volunteers
1: This section applies in respect of all volunteers doing any voluntary work activity in respect of whom section 3C
2: The person for whom such a volunteer does the work activity should take all practicable steps to ensure the health and safety of the volunteer while he or she is doing the work activity, in particular by taking hazards into account when planning the work activity.
3: If an inspector becomes aware of a significant hazard relating to the work activity, the inspector must, as soon as practicable, contact the person for whom the volunteer is doing the work activity (or the person's representative) to discuss means of eliminating, isolating, or minimising the hazard.
4: If this section applies, sections 39, 41, and 49
3E: Application of Act to persons receiving on the job training or gaining work experience
1: This Act, except for Part 2A (person A)
2: For the purposes of this Act,—
a: person A must be treated as if he or she were an employee of the person who has agreed to provide the on the job training or work experience (person B)
b: person B must be treated as if that person were person A's employer; and
c: person A must be treated as if he or she were at work when in the place of work for the purposes set out in subsection (1)
3F: Application of Act to loaned employees
1: This Act, except for Part 2A
a: an employer or principal ( person A loaned employee person B
b: there is no contractual relationship between person A and person B regarding the work to be performed by the loaned employee.
2: For the purposes of this Act,—
a: a loaned employee must be treated as if he or she were an employee of person B (instead of person A) while the loaned employee is working for person B; and
b: person A has a duty to ensure that the loaned employee is capable of doing the proposed work safely and that person B is aware of person B's duties under this Act; and
c: person B must be treated as if person B were the employer of the loaned employee (instead of person A) while the loaned employee is working for person B; and
d: the loaned employee must be treated as if he or she were at work when doing work for person B.
7: New
section 5 The principal Act is amended by repealing section 5
5: Object of Act
The object of this Act is to promote the prevention of harm to all persons at work and other persons in, or in the vicinity of, a place of work by—
a: promoting excellence in health and safety management, in particular through promoting the systematic management of health and safety; and
b: defining hazards and harm in a comprehensive way so that all hazards and harm are covered, including harm caused by work-related stress and hazardous behaviour caused by certain temporary conditions; and
c: imposing various duties on persons who are responsible for work and those who do the work; and
d: setting requirements that—
i: relate to taking all practicable steps to ensure health and safety; and
ii: are flexible to cover different circumstances; and
e: recognising that volunteers doing work activities for other persons should have their health and safety protected because their well-being and work are as important as the well-being and work of employees; and
f: recognising that successful management of health and safety issues is best achieved through good faith co-operation in the place of work and, in particular, through the input of the persons doing the work; and
g: providing a range of enforcement methods, including various notices and prosecution, so as to enable an appropriate response to a failure to comply with the Act depending on its nature and gravity; and
h: prohibiting persons from being indemnified or from indemnifying others against the cost of fines and infringement fees for failing to comply with the Act.
8: Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable
1: Section 10(2)(b) To ensure that there is provided for, accessible to, and used by the employees to provide, make accessible to, and ensure the use by the employees of
2: Section 10
3: An employer does not comply with subsection (2)(b)
a: paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment; or
b: requiring an employee to provide his or her own protective clothing or equipment as a pre-condition of employment or as a term or condition in an employment agreement.
4: However, an employer does not have to comply with subsection (2)(b)
a: an employee genuinely and voluntarily chooses to provide his or her own protective clothing for reasons of his or her comfort or convenience; and
b: the employer is satisfied that the protective clothing is suitable in terms of subsection (2)(b)
5: An employee who has chosen to provide his or her own protective clothing under subsection (4) subsection (2)(b)
6: Nothing in subsections (4) or (5) subsection (2)(b)
9: Information for employees generally
1: The heading to section 12 and health and safety representatives
2: Section 12 in such a form and manner that the employee is reasonably likely to understand it, information and is provided with ready access to, information in a form and manner that the employee is reasonably likely to understand
3: Section 12 subsection (2)
2: An employer must ensure that all health and safety representatives in a place of work have ready access to sufficient information about health and safety systems and health and safety issues in the place of work to enable the representatives to perform their functions effectively.
10: Section 14 Section 14
11: New
section 18A The principal Act is amended by inserting, after section 18
18A: Duties of persons selling or supplying plant for use in place of work
1: A person who hires, leases, or loans to another person plant that can be used in a place of work must—
a: ascertain from the other person (so far as is practicable) before hiring, leasing, or loaning the plant—
i: whether the plant is to be used in a place of work; and
ii: if so, the intended use of the plant; and
b: if he or she ascertains that it is to be used in a place of work, take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for its intended use.
2: A person who sells or supplies (other than in a situation covered by subsection (1)
3: In addition to the other obligations in this section, if a person who hires, leases, sells, or otherwise supplies to another person plant to be used in a place of work agrees to install or arrange the plant, the person must take all practicable steps to install or arrange the plant so that it is safe for its intended use.
4: This section does not apply to the sale of plant, whether or not in trade, if the plant—
a: is secondhand; and
b: is sold as is.
5: In subsection (4)(b)
6: This section does not limit the Consumer Guarantees Act 1993
12: Duties of employees
Section 19(a) work (including by using suitable protective clothing and suitable protective equipment provided by the employer or, if section 10(4)
13: New
Part 2A The principal Act is amended by inserting, after section 19
2A: Employee participation
19A: Purpose of
Part 2A The purpose of this Part is to require the participation of employees in processes relating to health and safety in the place of work so that—
a: all persons with relevant knowledge and expertise can help make the place of work healthy and safe; and
b: when making decisions that affect employees and their work, an employer has information from employees who face the health and safety issues in practice.
19B: General duty to involve employees in health and safety matters
1: Every employer must provide reasonable opportunities for the employer's employees to participate effectively in ongoing processes for improvement of health and safety in the employees' places of work.
2: Without limiting subsection (1) sections 6 to 13
3: In complying with this Part, an employer must take into account any approved code of practice for employee participation in workplace health and safety.
4: If a health and safety committee or a health and safety representative makes a recommendation regarding health and safety in a place of work, the employer must either adopt the proposal or provide a written statement to the health and safety committee or health and safety representative setting out the reasons for not adopting the proposal.
5: In subsection (1)
a: the number of employees employed by the employer; and
b: the number of different places of work for the employees and the distance between them; and
c: the likely potential sources or causes of harm in the place of work; and
d: the nature of the work that is performed and the way that it is arranged or managed by the employer; and
e: the nature of the employment arrangements, including the extent and regularity of employment of seasonal or temporary employees; and
f: the willingness of employees and unions to develop employee participation systems; and
g: the overriding duty to act in good faith.
19C: Development of employee participation system
1: This section applies if an employer employs—
a: fewer than 30 employees, whether or not at a single location, and 1 or more of the employees, or a union representing them, requires the development of a system for employee participation; or
b: 30 or more employees, whether or not at a single location.
2: The following persons must co-operate in good faith to seek to develop, agree, implement, and maintain a system that sets out the ways in which the employer must seek to comply with section 19B(1)
a: the employer:
b: the employees who wish to be involved:
c: a union or unions representing any of the employees.
3: A system must specify a process by which it must be reviewed, but otherwise may include any matters on which the employer, employees, and any union representing them, agree complies with this Part; provided that in doing so they must take into account Part 1 of Schedule 1A Part 2 of Schedule 1A
4: A system may include a provision increasing or decreasing the maximum—
a: number of days' paid leave that the employer is required to allow a health and safety representative to take for health and safety training under section 19E(1)
b: total number of days' paid leave that the employer is required to allow health and safety representatives to take for health and safety training under sections 19E(2) and 19F
5: A system may allow for more than 1 health and safety representative or health and safety committee and, in that case, each representative or committee may represent a particular type of work, or place of work of the employer, or another grouping.
6: Subsection (2)
a: it complies with section 19B section 19B
b: it specifies a process for its review or is amended to specify a process for its review; and
c: it is acceptable to the persons referred to in subsection (2)
7: If a system is no longer in place, or functioning, a new system must be developed, agreed, implemented, and maintained in accordance with this section.
19D: Provisions that apply if employer and employees fail to develop system for employee participation
Part 3 of Schedule 1A section 19C Part 3 of Schedule 1A
19E: Training of health and safety representatives
1: An employer must allow a health and safety representative 2 days' paid leave each year to attend health and safety training approved under section 19G
2: The number of days' paid leave that an employer must allow a health and safety representative to take in a year is subject to the maximum total number of days' paid leave that that employer is required to allow under section 19F
3: Sections 78 and 79 of the Employment Relations Act 2000
a: the representative were an eligible employee; and
b: the leave were employment relations education leave.
4: In this section and section 19F year
a: means a period of 12 months beginning on 1 April and ending on the close of 31 March; and
b: includes the period beginning on 5 May 2003 and ending on the close of 31 March 2004.
5: Subsections (1) and (2) section 19C(4)
19F: Calculation of maximum total number of days' paid leave for health and safety training
1: The maximum total number of days' paid leave that an employer is required to allow in a year under section 19E Employees as at the specified date in a year Maximum total number of days' paid leave that employer is required to allow to be taken 1–5 2 6–50 6 51–280 1 day for every 8 employees or part of that number 281 or more 35 days plus 5 days for every 100 employees or part of that number
2: In this section, specified date
a: means 1 April; and
b: for the period beginning on 5 May 2003 and ending on the close of 31 March 2004, includes 5 May 2003.
3: This section is subject to section 19C(4)(b)
19G: Minister may approve occupational health and safety training
1: The Minister may approve, by notice in the Gazette
2: The Minister may approve a course only if he or she is satisfied that the course is—
a: consistent with the object of this Act; and
b: relevant to the role of a health and safety representative.
3: The Minister may delegate his or her power under subsection (1) to 1
4: To avoid doubt, a course approved under this section may be a course that is also approved under section 72 of the Employment Relations Act 2000
19H: System for employee participation in Armed Forces
1: This Part does not apply to members of the Armed Forces.
2: The Chief of Defence Force must develop and implement a system for employee participation in workplace health and safety for members of the Armed Forces.
3: The system must be consistent with section 19B
4: The Chief of Defence Force must consult with the Secretary when developing the system.
19I: Meaning of employee in
sections 19C(1) and 19F(1) In sections 19C(1) and 19F(1)
14: Codes of practice
1: Section 20 subsection (1)
1AA: The Minister may direct the Secretary to prepare, and submit for the Minister's approval in accordance with this section, a statement, amendment, or revocation referred to in subsection (1)
2: Section 20(1) paragraph (ac)
ad: a statement of preferred practices or arrangements relating to employee participation in health and safety in the place of work; or.
15: Regulations
Section 21(1)(a)
iv: principals, or self-employed persons:
16: Recording and notification of accidents and serious harm
1: Section 25 subsection (1)
1A: Every self-employed person must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to—
a: every accident that harmed (or, as the case may be, might have harmed) the self-employed person at work; and
b: every accident resulting from the work of the self-employed person that harmed (or, as the case may be, might have harmed) any person; and
c: every occurrence of serious harm to the self-employed person—
i: while at work; or
ii: as a result of any hazard to which the self-employed person was exposed while at work.
1B: Every principal must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to—
a: every accident that the principal becomes aware of that harmed (or, as the case may be, might have harmed) a self-employed person while at work and contracted to the principal; and
b: every accident that the principal becomes aware of—
i: resulting from the work of a self-employed person while at work and contracted to the principal; and
ii: that harmed (or, as the case may be, might have harmed) any person; and
c: every occurrence of serious harm to a self-employed person—
i: while at work and contracted to the principal, or
ii: as a result of any hazard to which the self-employed person was exposed while at work and contracted to the principal.
1C: Subsection (1B)
2: Section 25(2)(a) is required by subsection (1)(b) of this section , self-employed person, or principal is required by this section
3: Section 25 subsection (3)
3: If there occurs any serious harm or accident to which this subsection applies, the employer, self-employed person, or principal concerned must,—
a: as soon as possible after the occurrence becomes known to the employer, self-employed person, or principal, notify the Secretary of the occurrence; and
b: within 7 days after the occurrence, or, if the occurrence is not known to the employer, self-employed person, or principal within that period, as soon as possible after it becomes known, give the Secretary written notice, in the prescribed manner, of the circumstances of the occurrence.
17: New headings and
sections 28A 28B The principal Act is amended by inserting, after section 28 Right of employees to refuse to perform work likely to cause serious harm
28A: Employees may refuse to perform work likely to cause serious harm
1: An employee may refuse to do work if the employee believes that the work that the employee is required to perform is likely to cause serious harm to him or her.
2: An employee who, under subsection (1)
a: the employee attempts to resolve the matter with the employer as soon as practicable after first refusing to do the work; and
b: the matter is not resolved; and
c: the employee believes on reasonable grounds that the work is likely to cause serious harm to him or her.
3: Without limiting subsection (2)(c)
4: A health and safety representative must not give advice under subsection (3)
5: An employee may not refuse to do work that, because of its nature, inherently or usually carries an understood risk of serious harm unless the risk has materially increased beyond the understood risk.
6: An employee who refuses to do work must do any other work within the scope of the employee's employment agreement that the employer reasonably requests.
7: This section does not limit an employee's right to refuse to do work under another enactment or the general law.
8: To avoid doubt—
a: in situations to which this section applies, the employer, employee, and health and safety representative must deal with each other in good faith; and
b: a question about the application of this section to a particular situation is an employment relationship problem for the purposes of the Employment Relations Act 2000
9: Subsection (8)(b) Enforcement by other agencies
28B: Enforcement by other agencies
1: The Prime Minister may, having regard to the specialist knowledge of relevant agencies, by notice in the Gazette
2: In carrying out functions under this Act, the chief executive of the agency must comply with policy directions on occupational safety and health given to him or her and signed by the Minister and the Minister responsible for that agency.
3: A copy of the policy direction must be presented to the House of Representatives within 10 working days after the date that it is given to the chief executive.
4: This Act applies as if references to the Secretary were references to the chief executive of the agency.
5: In this section,— agency
a: a government department:
b: a Crown entity within the meaning of section 2(1) of the Public Finance Act 1989
c: the New Zealand Police:
d: the New Zealand Defence Force chief executive
18: Functions of inspectors
Section 30(b) is being and will has been, is being, or is likely to
19: Powers of entry and inspection
1: Section 31 subsection (1)
1A: An inspector may do any of the things referred to in subsection (1)
a: the inspector or the person whom the inspector is dealing with is in the place of work; or
b: the place of work is still a place of work; or
c: the employer's employees work in the place of work; or
d: the person who was in control of the place of work is still in control of it; or
e: the employer's employees are still employed by the employer; or
f: in respect of a document or information, the document or information is—
i: in the place of work; or
ii: in the place where the inspector is; or
iii: in another place.
2: Section 31(2) subsection (1) or subsection (1A)
20: Powers to take samples and other objects and things
1: Section 33 subsection (1)
1: An inspector who enters a place of work or a former place of work under section 31
a: monitoring conditions in the place; or
b: determining the nature of any material or substance in the place; or
c: determining whether or not this Act has been, is being, or is likely to be complied with; or
d: gathering evidence to support the taking of enforcement action.
2: Section 33
3: This section does not allow an inspector to take a sample from a person's body unless the inspector has that person's informed consent to the taking of the sample.
21: Matters may be completed by different inspectors
Section 45 subsection (2)
2: This section does not apply to an infringement notice.
22: New heading and
section 46A The principal Act is amended by inserting, after section 46 Hazard notices
46A: Trained health and safety representatives may issue hazard notices
1: In this section,— hazard notice
a: describes a hazard identified in a place of work; and
b: is in the prescribed form; and
c: may set out suggested steps to deal with the hazard trained health and safety representative Gazette section 19G
2: Subsection (3)
a: believes on reasonable grounds that there is a hazard in the place of work of the representative's employer; and
b: has brought the hazard to the attention of the employer; and
c: has discussed or attempted to discuss with the employer steps for dealing with the hazard.
3: The trained health and safety representative may give the employer a hazard notice if—
a: the employer refuses to discuss, or take steps to deal with, the hazard; or
b: the employer and representative do not agree on the steps that must be taken or the time within which the steps must be taken to deal with the hazard; or
c: the representative believes on reasonable grounds that the employer has failed to meet the requirements of section 6
4: If a hazard notice has been given by a trained health and safety representative, the representative may notify an inspector of that fact.
5: To avoid doubt, where this section applies, the employer and trained health and safety representative must deal with each other in good faith.
6: In this section, employer
23: Offences likely to cause serious harm
Section 49(3) paragraphs (a) (b)
a: imprisonment for a term of not more than 2 years; or
b: a fine of not more than $500,000; or.
24: Other offences
The principal Act is amended by repealing section 50(1)
1: Every person commits an offence, and is liable on summary conviction to a fine not exceeding $250,000, who fails to comply with the requirements of—
a: a provision of Part 2 section 16(3)
b: section 19B, section 25, section 26, section 37(2), section 39(5), section 42(1), section 43, section 47, section 48, section 56I(2), section 58, or clause 6 of Schedule 1A
c: a provision of any regulations made under this Act, or continued in force by section 24
25: New
section 51A The principal Act is amended by inserting, after section 51
51A: Sentencing criteria
1: This section applies when the Court is determining how to sentence or otherwise deal with a person convicted of an offence under this Act.
2: The Court must apply the Sentencing Act 2002
a: sections 7 to 10 of that Act
b: the requirements of sections 35 and 40 of that Act
c: the degree of harm, if any, that has occurred; and
d: the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C
e: whether the person has—
i: pleaded guilty:
ii: shown remorse for the offence and any harm caused by the offence:
iii: co-operated with the authorities in relation to the investigation and prosecution of the offence:
iv: taken remedial action to prevent circumstances of the kind that led to the commission of the offence occurring in the future.
3: This section does not limit the Sentencing Act 2002
26: Section 52 Section 52
27: New
sections 53 to 54E The principal Act is amended by repealing sections 53 54
53: Proof of intention not required
In a matter involving an infringement notice or in a prosecution for an offence against section 50
a: intended to take the action alleged to constitute the infringement offence or offence; or
b: intended not to take the action, the failure to take which is alleged to constitute the infringement offence or offence.
54: Notification to Secretary of interest in knowing of enforcement action taken by inspector
1: A person may notify the Secretary in the prescribed manner that the person has an interest in knowing whether a particular matter has been, is, or is to be, subject to the taking of enforcement action by an inspector.
2: The Secretary must ensure that the person who sent the notice is notified of—
a: any decision already made, or subsequently made, by an inspector as to whether or not to take enforcement action in respect of the matter, but not the reasons for the decision; and
b: any information that the Secretary is aware of relating to whether an enforcement authority has taken prosecution action as described in section 54A(2)(b)
3: In this section and section 54A enforcement authority
54A: Laying information
1: An inspector may lay an information in respect of an offence under this Act unless an infringement notice has been issued to the same defendant in respect of the same matter.
2: A person other than an inspector may lay an information in respect of an offence under this Act only if—
a: an inspector or another person has not taken enforcement action against any possible defendant in respect of the same matter; and
b: an enforcement authority has not taken prosecution action under any other Act against any possible defendant in respect of the same incident, situation, or set of circumstances; and
c: any person has received notification from the Secretary under section 54(2)
3: Despite subsection (2)(b)
a: the person has leave of the Court to lay the information; and
b: subsection (2)(a) and (c)
54B: Time limit for laying information
1: An information in respect of an offence against this Act may be laid at any time within 6 months after the earlier of—
a: the date when the incident, situation, or set of circumstances to which the offence relates first became known to an inspector; or
b: the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to an inspector.
2: This section is subject to sections 54C and 54D
54C: Extension of time for person other than inspector to lay information
1: This section applies if—
a: an inspector or another person has not taken enforcement action in respect of a matter; and
b: the Secretary has notified relevant persons under section 54(2)(a)
2: On application, the District Court may extend the time for a person other than an inspector to lay an information.
3: An application under subsection (2) subsection (1)(b)
4: The Court must not grant an extension of time unless it is satisfied—
a: that another person wishes to decide whether to lay an information in respect of that matter; and
b: it is unreasonable, having regard to the time taken by an inspector to respond to the matter, to expect, or to have expected, the person to make that decision before the 6-month period referred to in section 54B
c: an application under section 54D
5: The Court must give the following persons an opportunity to be heard:
a: the person seeking the extension:
b: any proposed defendant:
c: any other person who has an interest in whether or not an information should be laid, being a person described in section 54(1)
54D: Extension of time if inspector needs longer to decide whether to lay information
1: This section applies if an inspector considers that he or she will not be able to lay an information by the end of the 6-month period referred to in section 54B
2: On application, the District Court may extend the time for laying an information.
3: An application under subsection (2)
4: The Court must not grant an extension unless it is satisfied that—
a: an inspector reasonably requires longer than the 6-month period to decide whether to lay an information; and
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time consuming; and
c: it is in the public interest in the circumstances that an information is able to be laid after the 6-month period expires; and
d: laying the information after the 6-month period expires will not unfairly prejudice the proposed defendant in defending the charge.
5: The Court must give the following persons an opportunity to be heard:
a: the person seeking the extension:
b: the proposed defendant:
c: any other person who has an interest in whether or not an information should be laid, being a person described in section 54(1)
54E: Continuing or repeated matters
Nothing in this Act prevents the taking of enforcement action by an inspector or another person in respect of a matter, despite enforcement action having been taken in respect of the matter, if the matter is continuing or repeated.
28: Other provisions relating to offences
1: Section 55
5: An inspector may lay an information for an offence against the Department of Labour, or any other agency designated under section 28B
6: If the Solicitor-General gives authority under subsection (5)
2: Section 25 Crown Organisations (Criminal Liability) Act 2002
29: New headings and
sections 56A to 56I The principal Act is amended by inserting, after section 56 Infringement offences
56A: Infringement offences
In sections 56B to 56H section 50(1)
56B: Infringement notices
1: An inspector may issue an infringement notice if—
a: the inspector believes on reasonable grounds that the person is committing, or has committed, an infringement offence; and
b: the person has had prior warning of the infringement offence under section 56C
c: an inspector or another person has not taken enforcement action against the same defendant in respect of the same matter.
2: An inspector may revoke an infringement notice before the infringement fee is paid, or an order for payment of a fine is made or deemed to be made by a Court under section 21 of the Summary Proceedings Act 1957
3: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
56C: Prior warning of infringement offence
A person has had prior warning of an infringement offence if the person has been the subject of 1 or more of the following for an infringement offence arising out of, or relating to, the same or a similar matter:
a: a written warning from an inspector:
b: an improvement notice:
c: a prohibition notice:
d: an infringement notice:
e: a conviction for an offence under this Act:
f: a hazard notice:
g: a compliance order.
56D: Inspector may require information
1: If an inspector is considering issuing to a natural person an infringement notice, the inspector may require the person to provide all or any of the following details:
a: the person's full name:
b: whether, in relation to the place of work, the person is 1 or more of the following:
i: an employer:
ii: an employee:
iii: a self-employed person:
iv: a principal:
v: a contractor:
vi: a subcontractor:
vii: a person who controls the place of work:
c: the person's date of birth:
d: the person's residential address and, if different, postal address.
2: If an inspector is considering issuing an infringement notice to a person that is a body corporate, the inspector may require a person who appears to represent the body corporate to provide all or any of the following details:
a: the body corporate's legal name:
b: whether, in relation to the place of work, the body corporate is 1 or more of the following:
i: an employer:
ii: a principal:
iii: a contractor:
iv: a subcontractor:
v: a person who controls the place of work:
c: the postal address of the body corporate.
56E: Procedural requirements for infringement notices
1: An infringement notice may not be issued after the close of the 14th day after the inspector becomes aware of the alleged infringement offence.
2: An infringement notice may be served on a person—
a: by delivering it personally to the person who appears to have committed the infringement offence; or
b: by sending it by post, addressed to the person at the person's last known place of residence or business.
3: For the purposes of the Summary Proceedings Act 1957
4: An infringement notice must be in the prescribed form and must contain—
a: details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and
b: the amount of the infringement fee; and
c: an address at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
h: any other prescribed matters.
5: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957
a: reminder notices may be prescribed under regulations made under this Act; and
b: in all other respects, section 21 of the Summary Proceedings Act 1957
56F: Infringement fees
1: The fee to be specified by an inspector in an infringement notice for any infringement offence except for a failure to comply with section 7(1)
2: In determining the amount of a fee under subsection (1)
a: whether or not harm resulted from the offence; and
b: if harm resulted from the offence, the extent of the harm; and
c: what potential harm could have resulted from the offence; and
d: in the case of an employer, principal, or contractor, the size of the business of the employer, principal, or contractor; and
e: the financial circumstances of the person; and
f: the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C
3: The fee to be specified by an inspector in an infringement notice for a failure to comply with section 7(1)
4: In determining the amount of a fee under subsection (3)
a: the size of the business of the employer; and
b: the financial circumstances of the employer; and
c: the safety record of the employer (which includes but is not limited to warnings and notices referred to in section 56C
56G: Payment of infringement fee
The Secretary must pay all infringement fees received into the Crown Bank Account.
56H: Effect of infringement notice
1: If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.
2: Subsection (1) Insurance against fines unlawful and of no effect
56I: Insurance against fines unlawful and of no effect
1: To the extent that an insurance policy or contract of insurance indemnifies or purports to indemnify a person for the person's liability to pay a fine or an infringement fee under this Act,—
a: the policy or contract is of no effect; and
b: No court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under section 7 of the Illegal Contracts Act 1970
2: A person must not—
a: enter into, or offer to enter into, a policy or contract described in subsection (1)
b: indemnify, or offer to indemnify, another person for the other person's liability to pay a fine or an infringement fee under this Act; or
c: be indemnified, or agree to be indemnified, by another person for that person's liability to pay a fine or an infringement fee under this Act; or
d: pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
3: If an insurance policy or contract of insurance described in subsection (1)
a: subsections (1) and (2)(c) and (d)
b: this section does not prevent the parties to it agreeing to the refund of an amount of the premium.
30: New
Schedule 1A The principal Act is amended by inserting, after the Schedule 1 Schedule 1A
31: General transitional provision
The principal Act continues to apply as if this Act had not been passed in respect of an incident, situation, or set of circumstances occurring before the commencement of this section.
32: Transitional provision for ships at sea
1: The Director of the Maritime Safety Authority is responsible for administering the principal Act for ships at sea until any designation regarding the maritime industry is made under section 28B
2: While subsection (1) section 29(1)
3: This section is subject to section 31 Consequential amendments
33: Employment Relations Act 2000
1: Section 104 Employment Relations Act 2000 indirectly of that employee's refusal to do work under section 28A of the Health and Safety in Employment Act 1992
2: Section 107 Employment Relations Act 2000 subsection (2)
2: An employee who is representing employees under the Health and Safety in Employment Act 1992 subsection (1)(g)
3: Section 137(1)(a) Employment Relations Act 2000
xi: Part 2A section 19K Schedule 1A of the Health and Safety in Employment Act 1992
4: Section 137 Employment Relations Act 2000 subsection (4)
4: The following persons may take action against another person by applying to the Authority for an order of the kind described in subsection (2)
a: any person (being an employee, employer, union, or employer organisation) who alleges that that person has been affected by non-observance or non-compliance of the kind described in subsection (1)
b: a health and safety inspector appointed under section 29 of the Health and Safety in Employment Act 1992 subsection (1)(a)(xi)
5: Section 138(1) Employment Relations Act 2000 paragraph (b)
b: on the application of—
i: any party to the matter; or
ii: in the case of section 137(4)(b)
34: Hazardous Substances and New Organisms Act 1996 Section 2(1) Hazardous Substances and New Organisms Act 1996 place of work 2(1) and (2A)
35: Maritime Transport Act 1994
1: The Maritime Transport Act 1994
a: repealing paragraph (e)
b: repealing, from section 2(1) all practicable steps significant hazard
c: repealing Part 2
d: repealing sections 61 to 63
e: repealing section 72
f: repealing sections 80 81
2: Section 198(2) Maritime Transport Act 1994 appropriate (including any conditions relating to occupational safety and health)
3: Section 431(1)(h) Maritime Transport Act 1994
36: Transport Services Licensing Act 1989 Section 6H Transport Services Licensing Act 1989


Television New Zealand Act 2003

1: Title
This Act is the Television New Zealand Act 2003.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
The purpose of this Act is to—
a: provide for the functions of TVNZ, the Crown entity responsible for conducting a television and digital media business; and
b: ensure that TVNZ carries out its functions and maintains its commercial performance; and
ba: establish a process that will enable TVNZ to screen, in specified circumstances, programmes made before 27 May 1989 and held in the TVNZ Archive; and
c: provide for the governance of the Crown entity, including reporting requirements and the role of shareholding Ministers in addition to the provisions contained in the Crown Entities Act 2004 Section 3(a) substituted 23 July 2011 section 4 Television New Zealand Amendment Act 2011 Section 3(b) substituted 23 July 2011 section 4 Television New Zealand Amendment Act 2011 Section 3(ba) inserted 23 July 2011 section 4 Television New Zealand Amendment Act 2011 Section 3(c) amended 25 January 2005 section 200 Crown Entities Act 2004
4: Interpretation
In this Act, unless the context otherwise requires,— content delivery platform digital media GAAP section 136 programme
a: means sounds or visual images, or a combination of sounds and visual images, intended to—
i: inform, enlighten, or entertain:
ii: promote the interests of any person:
iii: promote any product or service; but
b: does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text screen services shareholding Ministers section 10 State enterprise Schedule 1 subsidiary THL Kordia Group Limited (formerly known as Transmission Holdings Limited) TVNZ Section 4 content inserted 23 July 2011 section 5(1) Television New Zealand Amendment Act 2011 Section 4 Crown entity repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4 delivery platform inserted 23 July 2011 section 5(1) Television New Zealand Amendment Act 2011 Section 4 digital media inserted 23 July 2011 section 5(1) Television New Zealand Amendment Act 2011 Section 4 equal employment opportunities programme repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4 GAAP amended 25 January 2005 section 200 Crown Entities Act 2004 Section 4 good employer repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4 programme inserted 23 July 2011 section 5(1) Television New Zealand Amendment Act 2011 Section 4 screen inserted 23 July 2011 section 5(1) Television New Zealand Amendment Act 2011 Section 4 services inserted 23 July 2011 section 5(1) Television New Zealand Amendment Act 2011 Section 4 shareholding Ministers substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4 THL amended 22 March 2007 clause 6 State-Owned Enterprises (Kordia Group Limited) Order 2007 Section 4 TVNZ substituted 23 July 2011 section 5(2) Television New Zealand Amendment Act 2011
5: Meaning of maintaining commercial performance
For the purposes of this Act, a company is maintaining its commercial performance
a: it operates in a financially responsible manner so that it maintains its financial viability; and
b: its activities generate, on the basis of GAAP, an adequate rate of return on shareholders' funds; and
c: it is operating as a successful going concern.
6: Act binds the Crown
This Act binds the Crown.
2: Structure and shareholdings of TVNZ and transmission business
7: TVNZ ceases to be State enterprise
Section 7 repealed 23 July 2011 section 12(a) Television New Zealand Amendment Act 2011
8: Separation of transmission business
Section 8 repealed 23 July 2011 section 12(b) Television New Zealand Amendment Act 2011
9: Implementation of separation proposal by Order in Council
Section 9 repealed 23 July 2011 section 12(c) Television New Zealand Amendment Act 2011
10: Transitional provisions
Section 10 repealed 23 July 2011 section 12(d) Television New Zealand Amendment Act 2011
11: Responsibilities of shareholding Ministers
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Functions of TVNZ
1: The functions of TVNZ are to be a successful national television and digital media company providing a range of content and services on a choice of delivery platforms and maintaining its commercial performance.
2: In carrying out its functions, TVNZ must provide high-quality content that—
a: is relevant to, and enjoyed and valued by, New Zealand audiences; and
b: encompasses both New Zealand and international content and reflects Māori perspectives.
3: TVNZ's services must include the provision of channels that are free of charge and available to audiences throughout New Zealand. Section 12 substituted 23 July 2011 section 6 Television New Zealand Amendment Act 2011
13: TVNZ board
Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004
14: Duties of TVNZ board
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Ministers to hold all shares in TVNZ
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Authorising Crown shareholding in TVNZ
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Further provisions relating to Ministers' shareholding in TVNZ
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Change in name of TVNZ
1: The Governor-General may, by Order in Council made on the recommendation of the shareholding Ministers, amend any enactment by omitting from it the name of TVNZ and substituting some other name.
2: The shareholding Ministers must not recommend the making of an order in respect of a change of name of TVNZ unless satisfied that the change of name has been registered at the Companies Office in accordance with section 23
3: An order under this section is secondary legislation ( see Part 3 1986 No 124 s 30A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Shares or interests of TVNZ in bodies corporate or interests in associations
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Reporting
20: Application of Crown Entities Act 2004
1: TVNZ is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Section 20 substituted 25 January 2005 section 200 Crown Entities Act 2004
21: Auditor-General is auditor of TVNZ
Section 21 repealed 25 January 2005 section 200 Crown Entities Act 2004
22: Information required in annual report for TVNZ
Section 22 repealed 23 July 2011 section 7 Television New Zealand Amendment Act 2011
23: Additional information requirements for statement of intent
Section 23 repealed 23 July 2011 section 7 Television New Zealand Amendment Act 2011
24: Half-year financial statements
In addition to the annual financial statements required to be prepared under section 154 Section 24 amended 25 January 2005 section 200 Crown Entities Act 2004
25: Protection from disclosure of sensitive information
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Responsible Minister
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
4: Ministers and editorial independence
27: Powers of shareholding Ministers
1: The shareholding Ministers may, by written notice to the TVNZ board, determine the amount of dividend to be paid by TVNZ to the Crown in respect of any financial year or years.
2:
3: Before giving any notice under subsection (1), the shareholding Ministers must have regard to the , and section 115 Section 27(1) substituted 23 July 2011 section 8(1) Television New Zealand Amendment Act 2011 Section 27(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 27(3) amended 23 July 2011 section 8(2) Television New Zealand Amendment Act 2011 Section 27(3) amended 25 January 2005 section 200 Crown Entities Act 2004
28: Shareholding Ministers must not give certain directions
1: No shareholding Minister or any other Minister, and no person acting by or on behalf of or at the direction of a shareholding Minister or any other Minister, may give a direction to TVNZ or to any of its subsidiaries, or to any director or officer or employee of TVNZ or of any of its subsidiaries, in respect of—
a: any programme or other content; or
b: any allegation or complaint relating to a programme or other content; or
c: the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or
d: standards administered under the Broadcasting Act 1989
2: No director of TVNZ or of any of its subsidiaries may be removed for any reason relating to—
a: any programme or other content; or
b: any allegation or complaint relating to a programme or other content; or
c: the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or
d: the responsibility of TVNZ or any of its subsidiaries for compliance with standards administered under the Broadcasting Act 1989
2A: This section applies regardless of the type of delivery platform TVNZ uses to deliver any programmes or other content.
3: Section 97(g) 1988 No 162 s 7 Section 28(1)(a) substituted 23 July 2011 section 9(1) Television New Zealand Amendment Act 2011 Section 28(1)(b) substituted 23 July 2011 section 9(1) Television New Zealand Amendment Act 2011 Section 28(1)(c) substituted 23 July 2011 section 9(1) Television New Zealand Amendment Act 2011 Section 28(1)(d) added 23 July 2011 section 9(1) Television New Zealand Amendment Act 2011 Section 28(2)(a) substituted 23 July 2011 section 9(2) Television New Zealand Amendment Act 2011 Section 28(2)(b) substituted 23 July 2011 section 9(2) Television New Zealand Amendment Act 2011 Section 28(2)(c) substituted 23 July 2011 section 9(2) Television New Zealand Amendment Act 2011 Section 28(2)(d) added 23 July 2011 section 9(2) Television New Zealand Amendment Act 2011 Section 28(2A) inserted 23 July 2011 section 9(3) Television New Zealand Amendment Act 2011 Section 28(3) added 25 January 2005 section 200 Crown Entities Act 2004
29: Directions and compliance costs
1: Every direction given under section 27 section 147
2: Every direction and its accompanying statement of the estimated expenditure and revenue forgone must be presented by either of the shareholding Ministers to the House of Representatives and published in the Gazette Section 29(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 29(2) amended 25 January 2005 section 200 Crown Entities Act 2004
4A: TVNZ archived works
Part 4A inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
1: Preliminary provisions
Subpart 1 inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29A: Interpretation
In this Part, unless the context otherwise requires,— archived work
a: means a programme made by the Broadcasting Corporation of New Zealand or its predecessors—
i: on or at any time before 27 May 1989; and
ii: held in the TVNZ Archive; and
iii: in which TVNZ now holds sole copyright; and
b: includes an archived work that comprises a series of episodes chief executive episodes Māori Television Service Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Minister NZ On Screen person with an interest in an archived work
a: means a person, or the estate of a person,—
i: contracted for one of the categories listed in clause 1(a) to (d)
ii: who is within the category referred to in clause 1(e)
b: excludes an employee of the Broadcasting Corporation of New Zealand or its predecessors reviewer section 29L subpart 4 scheme subpart 3 screen section 4 TVNZ Archive TVNZ Archived Works Fund Fund section 29G Section 29A inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29B: Purpose of this Part
The purpose of this Part is to enable TVNZ to screen archived works in accordance with the provisions of this Part while also providing a fair and reasonable process to recognise, by compensatory payments made under subpart 3 Section 29B inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
2: Screening of archived works
Subpart 2 inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 TVNZ's right to screen archived works Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29C: Archived works may be screened
1: Provided that TVNZ complies with the requirements of this Part, it may—
a: screen an archived work on as many occasions as it considers appropriate, but only on or by—
i: the channels that TVNZ owns at any time:
ii: the TVNZ Ondemand Internet site:
iii: agreement between TVNZ and the provider of a delivery platform for the supply of content:
b: grant the Māori Television Service the right to screen an archived work under any arrangement agreed between that service and TVNZ:
c: enter into an arrangement with NZ On Screen in respect of a work that has previously been screened by TVNZ or the Māori Television Service under this section.
2: An archived work—
a: must be screened under this section free of charge to the viewer; but
b: must not be—
i: screened between the hours of 6 pm and 10.30 pm on any day of the week on channels TV1 and TV2 of TVNZ; or
ii: subject to a licence that is sold for profit by TVNZ to screen on any other platform (though this is without prejudice to TVNZ recovering its reasonable costs in making the work available for screening on another platform). Section 29C inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29D: Rights of persons with interest in archived work to cease
1: This section applies only to rights in respect of an archived work that are—
a: contractual rights; or
b: rights arising under the Copyright Act 1994
i: moral rights; or
ii: performers' rights.
2: The rights of a person with an interest in an archived work—
a: are not infringed if the archived work is screened in accordance with section 29C
b: are substituted by the rights provided for by the rest of this Part.
3: To avoid doubt, any rights of a person with an interest in an archived work continue in relation to that work if, and to the extent that, that work is screened other than as provided for by section 29C Section 29D inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
3: Scheme
Subpart 3 inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Overview of subpart Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29E: Overview of scheme under this subpart
1: In order to promote the purpose of this Part, TVNZ must ensure that—
a: notices of the screening of archived works are given in accordance with section 29F
b: the scheme provided for in this subpart is administered in such a way as to meet the obligations arising under this subpart.
2: The obligations are to—
a: ensure that the Fund is established and money paid into it, in accordance with section 29G
b: ensure that the contingency account required by section 29H
c: assess the entitlement of persons and make payments in accordance with section 29K Section 29E inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Notices of screening of archived works Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29F: Notices advising that archived work to be screened
1: TVNZ must give public notice advising that an archived work is to be screened and inviting persons with an interest in a specified archived work to register to participate in the scheme.
2: The public notice must include—
a: details of the archived work to be screened; and
b: the date on which the work is first to be screened, which must not be earlier than the date that is 4 months after the date of this public notice; and
c: information about the scheme set up under this subpart and how a person with an interest in the specified archived work may register to participate in the scheme under section 29I
d: the date by which a person must register, which may be any time up to 1 month after the date on which—
i: the archived work is first screened; or
ii: if the archived work comprises a series of episodes, the last episode of the series is first screened.
3: A public notice must be published at least once—
a: on an Internet site or other delivery platform operated by TVNZ; and
b: in each major metropolitan newspaper in New Zealand; and
c: in any relevant industry or guild publication.
4: TVNZ must also ensure that the information required by subsection (5) accompanies—
a: the first screening of an archived work; or
b: the first screening of each episode of an archived work; or
c: an archived work, in the case of an archived work available for screening on demand, from the time that the work is first available until the date when registration closes, as notified under subsection (2)(d).
5: The information required must advise any person with an interest in the work who has not already registered—
a: of the scheme set up under this subpart; and
b: how to register for the scheme; and
c: of the date by which registration must be made (which must be the date notified under subsection (2)(d)). Section 29F inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Funds that must be established for purposes of scheme Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29G: TVNZ Archived Works Fund
1: The TVNZ Archived Works Fund (the Fund
2: TVNZ must ensure that at all times the Fund contains, in relation to an archived work to be screened in accordance with section 29C
3: For the purpose of subsection (2), the chief executive must, after consultation with TVNZ, appoint as an assessor an independent person with the appropriate expertise to assess the market value of an archived work.
4: The market value of an archived work that is to be screened in accordance with section 29C
5: In making an assessment of the market value of an archived work, the assessor must have regard to the uses permitted for that work by this Part. Section 29G inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29H: Contingency account
1: A contingency fund (the contingency account
2: TVNZ must ensure that, on an annual basis, a sum that is equal to no less than 10% of the total amount held in the Fund in that financial year is paid into the contingency account.
3: The contingency account is to be held for the purposes of meeting—
a: any payments required as a result of determinations made by reviewers under section 29N
b: the costs, including the administrative costs, associated with any review conducted under subpart 4 Section 29H inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Participation in scheme Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29I: Registration to participate in scheme
1: A person with an interest in an archived work in respect of which notices are given under section 29F
2: The application must be made in the prescribed form and manner, and must include evidence—
a: of the person's interest in accordance with the categories set out in clause 1
b: that the person was engaged under a contract with the Broadcasting Corporation of New Zealand or its predecessors before 27 May 1989 to provide services associated with the creation, production, or performance of the relevant archived work; and
c: that the person did provide the services to which the contract applied. Section 29I inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29J: Confirmation of registration
1: TVNZ must ensure that, as soon as is reasonably practicable after the closing date for registration for an archived work, a determination is made and written notice given to persons who seek to register, advising the person, as appropriate, that the person's registration—
a: is accepted and that an assessment will be made in accordance with section 29K
b: is declined and the reasons for that decision.
2: In the case of a person whose registration is declined, advice must also be given of the right of review of that decision under subpart 4 section 29K(4) Section 29J inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29K: TVNZ to assess entitlement and make payment from Fund
1: Not later than 20 working days after the closing date for registration in relation to an archived work, TVNZ must assess the entitlement of each person whose registration is accepted under section 29J(1)(a)
2: Assessments must be calculated—
a: on the basis of the categories set out in clause 1
b: in accordance with the formula set out in clause 3
3: TVNZ must notify each person in writing of that person's assessment and make the payment in full accordingly.
4: When notice is given under subsection (3), advice must also be given of the right of review under subpart 4 Section 29K inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
4: Review
Subpart 4 inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29L: Review process to be established
1: The chief executive must appoint a panel of reviewers the members of which are to determine applications for review under section 29M
2: Reviewers must be persons who are recognised as experts with the knowledge, experience, and qualifications that are relevant to the review function under this subpart.
3: In carrying out a review, a reviewer must—
a: regulate his or her own procedure; and
b: act judicially.
4: A reviewer may not be held personally liable for any determination made in good faith under this subpart.
5: Reviewers are entitled—
a: to receive remuneration not within paragraph (b) for services as reviewers at a rate and of a kind determined by the chief executive in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out the office of a reviewer.
6: For the purposes of this section, fees framework Section 29L inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Review procedures Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29M: Application for review
1: The following persons may apply for review under this subpart:
a: a person whose registration was declined under section 29J(1)(b)
b: a person who is dissatisfied with an assessment made under section 29K
2: Application must be made—
a: in the prescribed form and manner; and
b: not later than the date notified under section 29K(4)
3: Application for review may be made only on the grounds that TVNZ,—
a: in the case of a person whose registration to participate in the scheme was declined, failed properly to assess the evidence of that person's role in the archived work; or
b: in the case of a person who is dissatisfied with an assessment,—
i: attributed the wrong category of interest to that person under clause 1
ii: incorrectly applied the formula set out in clause 3
4: An application for review must include all the evidence necessary to establish, as the case may be,—
a: why the person's registration to participate in the scheme ought to have been accepted; or
b: what the applicant alleges is the correct assessment. Section 29M inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29N: Determination of application for review
1: In determining an application for review, a reviewer—
a: must take into account all the relevant information that was before TVNZ for the purpose of making a decision under section 29J section 29K
b: may take into account any new evidence that it is satisfied assists with determining whether the person's registration ought to have been accepted or what the appropriate assessment ought to have been, as the case may be.
2: If a reviewer is satisfied that there is no or insufficient evidence on which to change the decision on registration or the assessment by TVNZ, as the case may be, the reviewer must confirm the decision or assessment.
3: Subsection (4) applies if the reviewer is satisfied—
a: that a person's registration ought to have been accepted under section 29J(1)(a)
b: that an assessment was not made in accordance with section 29K(2)
4: After taking into account all the relevant circumstances, the reviewer must calculate the assessment in the manner provided for in section 29K(2)
5: A reviewer must provide a copy of a determination, with reasons, to the applicant and to TVNZ. Section 29N inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29O: Effect of review decision
1: TVNZ must ensure that the sum (if any) required by the determination of a reviewer is paid to the applicant from the contingency account.
2: The determination of a reviewer is final. Section 29O inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Circumstance in which other relief may be sought Heading inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29P: Applications from persons unable to register to participate in scheme
1: A person may apply under this subpart for review if that person, for reasons beyond his or her control, was unable to register to participate in the scheme until after the close of the period for registration notified under section 29F
2: An application under this section—
a: must be made not later than 2 years after the date of the first notice given under section 29F(1)
b: must be made in the form and manner approved for the purpose; and
c: must include—
i: the information required by section 29I(2)
ii: the evidence necessary to establish that the person was unable to register to participate in the scheme in accordance with notice given under section 29F(1)
3: If the reviewer is satisfied that the applicant meets the requirements of subsections (1) and (2), the reviewer must assess the applicant's entitlement—
a: on the basis of that person's category of interest under clause 1
b: in accordance with the formula set out in clause 3
4: After taking into account the particular circumstances of the case, the reviewer must determine the amount to be paid (if any) from the contingency fund in lieu of that person's participation in the scheme.
5: A determination by a reviewer under subsection (4) is final. Section 29P inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
5: Miscellaneous
Subpart 5 added 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29Q: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister and after consultation with TVNZ, make regulations to—
a: provide for other platforms or channels or new methods by which archived works may be made available for public viewing:
b: if circumstances so require, add new criteria for any assessment under section 29K
c: add to or amend the categories provided for in clause 1
d: vary the proportion of the total sum of money available in relation to an archived work for a category of interest, as set out in clause 2
e: vary the method of calculating the share of the total sum of money payable to each person with an interest in an archived work, as set out in clause 3
f: prescribe forms to be used under subparts 3 4
g: provide for the procedures to be followed by a reviewer under subpart 4
h: provide for any other matters contemplated by this Part, or necessary for its administration or for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29Q inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011 Section 29Q(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29R: Residual funds
If, in any financial year, there is residual money in the Fund or in the contingency account, that money may be applied—
a: to the contingency account for the following financial year; or
b: for the maintenance of the TVNZ Archive. Section 29R inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
29S: Review of Part
1: As soon as practicable after the expiry of the period of 2 years from the date of the first notice given under section 29F
a: reviews the operation of this Part since the date of its commencement; and
b: considers whether any amendments to this Part are necessary or desirable (including an amendment to require further periodic reports).
2: Not later than 3 years from the date of the first notice referred to in subsection (1), the chief executive must provide a copy of the report to the Minister who must, as soon as is reasonably practicable, present a copy of the report to the House of Representatives. Section 29S inserted 23 July 2011 section 10 Television New Zealand Amendment Act 2011
5: Miscellaneous
30: Consequential amendments to enactments
The enactments listed in Schedule 1
31: Consequential repeal
The State-Owned Enterprises Amendment Act (No 4) 1988 is repealed.
32: Superannuation or retiring allowances
Section 32 repealed 25 January 2005 section 200 Crown Entities Act 2004
33: Existing Government Superannuation Fund members
1: A person who, immediately before the commencement of this Act, is an employee of TVNZ or a TVNZ subsidiary and a contributor to the Government Superannuation Fund under Part 2 Part 2A
2: Nothing in subsection (1) entitles a person to become a contributor to the Government Superannuation Fund after that person has ceased to be a contributor.
3: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
34: Transfer of land from TVNZ to THL
1: Despite any other enactment or rule of law, on any day on or after the commencement of this Act, TVNZ may transfer to THL or to any of its subsidiaries the areas of land listed in Schedule 2
2: Nothing in sections 40 to 42
3: The Governor-General may, from time to time, by Order in Council,—
a: amend Schedule 2
b: otherwise amend Schedule 2
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Shareholder continuity
The structural changes to TVNZ and the transmission business set out in sections 7 to 9 Income Tax Act 2007 Section 35 amended 1 April 2008 section ZA 1 Income Tax Act 2007
36: Savings of certain transactions
A failure by TVNZ to comply with section 12 Section 36 amended 25 January 2005 section 200 Crown Entities Act 2004


1: Title
1: This Act is the Government Superannuation Fund Amendment Act 2003.
2: In this Act, the Government Superannuation Fund Act 1956 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purposes of this Act are to-
a: entitle the spouse of a contributor under Part 2 5 6
b: restore annuities currently suspended after remarriage:
c: align cost of living adjustments to children's allowances paid under Part 2 5 6 Part 2A
2: Spouses' annuities and children's allowances
4: Benefits where contributor under this Part dies and leaves spouse
Section 45 subsections (5) (6)
5: The entitlement of any spouse to any lump sum or annuity under this section is not affected by any change in the marital status of that spouse.
6: On or after 1 July 2002, any person living at that date to whom the remarriage rule applies-
a: is entitled to an annuity under Part 2 or Part 5 or Part 6 of the principal Act
b: is not entitled to an annuity for any period before 1 July 2002 during which the remarriage rule applied to that person.
6A: In subsection (6) remarriage rule
a: section 45(5) and (6) of the principal Act section 4 of the Government Superannuation Fund Amendment Act 2003
b: the first proviso to section 79(1)(a) of the principal Act section 3 of the Government Superannuation Fund Amendment Act 1989
c: the proviso appearing at the end of section 87(1)(a) of the principal Act section 2 of the Government Superannuation Fund Amendment Act 1987
5: Children's allowance
Section 47 subsection (1)
1: On or after 1 July 2002, where any contributor under this Part dies, whether before or after becoming entitled to a retiring allowance, and leaves a child or children under the age of 16 years, there must be paid out of the Fund to, or on behalf of, each child an allowance calculated under section 61Q(7)
1A: Without limiting its application, subsection (1)
a: applies to any child to whom section 47(1) section 5 of the Government Superannuation Fund Amendment Act 2003 section 47(2)
b: applies to any child to whom section 79(3) section 3 of the Government Superannuation Fund Amendment Act 1989 section 87(1)(d) section 2 of the Government Superannuation Fund Amendment Act 1987
c: does not affect the entitlement of any child to be paid a children's allowance before 1 July 2002.