Civil Aviation Amendment Act 2004

1: Title
1: This Act is the Civil Aviation Amendment Act 2004.
2: In this Act, the Civil Aviation Act 1990 the principal Act
1: Preliminary provisions
2: Commencement
1: Sections 4(1) 6 7(1) (2) 8 9 10(1) 11 13 14(1) to (4) (6) to (8) 16 17 19 20 29(1) 29(2) 31 32 33(1) 41(1) Part 1 ; and 1 or more Orders in Council may be made appointing different dates for different provisions
2: Section 36
3: The rest of this Act comes into force on 1 June 2004. Subsection (1) amended 15 December 2005 3(1) Civil Aviation Amendment Act 2005 by substituting the expression 29(1), 29(2) 29 Subsection (1) amended 15 December 2005 3(2) Civil Aviation Amendment Act 2005 by inserting the words ; and 1 or more Orders in Council may be made appointing different dates for different provisions
3: Purpose
The purpose of this Act is to—
a: implement the ANZA mutual recognition agreements; and
b: deter, and provide penalties for, certain types of unruly behaviour that may occur on an aircraft; and
c: amend the principal Act by incorporating, with modifications, the provisions of New Zealand law relating to civil liability for delay suffered by passengers during domestic carriage by air currently located in Part 2 of the Carriage by Air Act 1967
d: repeal the Carriage by Air Act 1967
e: amend the principal Act to include a number of miscellaneous changes.
2: Amendments to principal Act and related provisions
4: Interpretation
1: Section 2 ANZA ANZA mutual recognition agreements section 100(1)(ed) Australia Australian AOC with ANZA privileges section 3(1) of the Civil Aviation Act 1988 (Aust) Australian temporary stop notice section 3(1) of the Civil Aviation Act 1988 (Aust) CASA
a: the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust)
b: any successor of that Authority New Zealand AOC with ANZA privileges section 11G New Zealand temporary stop notice section 11C(1) .
2: Section 2 dangerous goods dangerous goods
a: are listed in, or classified in accordance with, the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air ; or
b: have properties that would result in the articles or substances being classified as dangerous goods under the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air .
3: Section 2 unruly passenger offence
a: means an offence against Part 5A
b: includes an offence to which section 65C
5: Application of Act
Section 4(1) section 53A , Part 5A
6: Grant or renewal of aviation document
Section 9(1) paragraph (b)
ba: in the case of a New Zealand AOC with ANZA privileges,—
i: the requirements in section 11G(2)
ii: the applicant meets or will meet the conditions in section 11G(4)
7: Criteria for fit and proper person test
1: Section 10(1)
g: in the case where a New Zealand AOC with ANZA privileges applies, the person's compliance with the conditions specified in section 11G(4)
2: Section 10(4)(a) and (f) (f), and (g)
3: Section 10 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
8: New
Part 1A The principal Act is amended by inserting, after Part 1
1A: ANZA mutual recognition
Preliminary provisions
11A: Purpose
The purpose of this Part is to implement the ANZA mutual recognition agreements. Australian AOCs with ANZA privileges
11B: Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
1: The holder of an Australian AOC with ANZA privileges may conduct air operations to, from, or within New Zealand if the holder provides the Director with—
a: a copy of the Australian AOC with ANZA privileges; and
b: written notice of the following:
i: the details of all conditions imposed by CASA in relation to the Australian AOC with ANZA privileges; and
ii: the holder's Australian—
A: business address; and
B: telephone number; and
C: fax number (if any); and
iii: the holder's New Zealand—
A: business address; and
B: telephone number; and
C: fax number (if any); and
iv: the holder's email address (if any); and
v: any other prescribed information; and
c: the holder's consent in writing to the making of inquiries to, and the exchange of information with, CASA regarding that holder's civil aviation activities.
2: A holder of an Australian AOC with ANZA privileges must ensure that the Director is advised of every alteration to the Australian AOC with ANZA privileges or to the information provided by the holder to the Director within 7 days of the date on which the alteration is made.
11C: New Zealand temporary stop notice
1: The Director may give the holder of an Australian AOC with ANZA privileges a written temporary stop notice that requires the holder to cease conducting all or any air operations in New Zealand for the period (which must not be more than 7 days) specified in the notice.
2: The Director may issue a New Zealand temporary stop notice only if the Director considers that, as a result of the holder conducting all or any air operations in New Zealand, there is a serious risk to civil aviation safety in New Zealand.
3: Immediately on receiving a New Zealand temporary stop notice, the holder must cease conducting the air operations specified in the notice in New Zealand for the period specified in the notice.
4: The Director may not delegate the power to issue or revoke a New Zealand temporary stop notice.
5: The Director may amend or revoke a New Zealand temporary stop notice before the period specified in that notice has expired.
6: The Director must revoke a New Zealand temporary stop notice if the Authority receives notification from CASA of the Director of CASA' s response to the New Zealand temporary stop notice.
11D: Contents of New Zealand temporary stop notice
1: A New Zealand temporary stop notice must specify—
a: the reasons why the Director considers that there is a serious risk to civil aviation safety in New Zealand; and
b: the period for which the holder of the Australian AOC with ANZA privileges must cease conducting air operations in New Zealand.
2: Failure to comply with subsection (1)
11E: Director to notify CASA about New Zealand temporary stop notice
As soon as practicable after giving a New Zealand temporary stop notice to the holder of an Australian AOC with ANZA privileges, the Director must give CASA a copy of the notice and any other information that CASA may require. AOCs with ANZA privileges
11F: Requirements for AOCs with ANZA privileges
1: Whenever the Director makes a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director must take into account all relevant Australian and New Zealand regulatory requirements in relation to New Zealand AOCs with ANZA privileges.
2: In making a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director—
a: must, if appropriate, consult CASA; and
b: may take into account any of the following items that the Director receives from CASA:
i: advice:
ii: guidelines:
iii: recommendations:
iv: other relevant information.
11G: Grant of New Zealand AOC with ANZA privileges
1: The Director may, in accordance with this Act and any rules made under this Act, grant to an air operator in New Zealand an authorisation (called a New Zealand AOC with ANZA privileges) that will authorise the air operator to conduct air operations to, from, or within Australia.
2: Before the Director may grant a New Zealand AOC with ANZA privileges, the Director must—
a: be satisfied that the air operator will be conducting air operations to, from, or within New Zealand; and
b: receive from the licensing authority written confirmation that, if the New Zealand AOC with ANZA privileges is issued to the air operator, the licensing authority considers that the air operator will be eligible to conduct air operations in Australia under the air services arrangements in place between Australia and New Zealand; and
c: be satisfied that the air operator has complied with, or is capable of complying with, all the relevant requirements of the Civil Aviation Act 1988 (Aust)
d: consult with CASA.
3: A New Zealand AOC with ANZA privileges may be granted by amending an appropriate existing aviation document or by granting an appropriate new aviation document.
4: A New Zealand AOC with ANZA privileges is subject to the conditions that the holder—
a: must conduct air operations to, from, or within New Zealand; and
b: must not hold an Australian AOC with ANZA privileges authorising the holder to conduct air operations that are covered by the New Zealand AOC with ANZA privileges; and
c: must comply with all the requirements of the Civil Aviation Act 1988 (Aust)
d: must undertake the supervision of its management systems from or within New Zealand; and
e: must ensure that the training and supervision of its employees is principally undertaken from or within New Zealand; and
f: must ensure that the majority of resources associated with the exercise of the privileges of the AOC are situated within New Zealand; and
g: must ensure that the people who control the exercise of the privileges of the AOC spend the majority of their time in New Zealand.
5: A New Zealand AOC with ANZA privileges may be issued on any other conditions that the Director thinks appropriate.
6: In subsection (2) licensing authority Part 8A
11H: Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
1: After the Director receives notification from CASA that CASA has given the holder of a New Zealand AOC with ANZA privileges an Australian temporary stop notice, the Director must—
a: immediately consider the circumstances that gave rise to the giving of the notice; and
b: decide, as soon as practicable and in accordance with the ANZA mutual recognition agreements, whether he or she should—
i: suspend in whole or in part the New Zealand AOC with ANZA privileges under section 17
ii: revoke in whole or in part the New Zealand AOC with ANZA privileges under section 18
iii: impose conditions on the New Zealand AOC with ANZA privileges under section 17 or section 18
iv: take any other action in relation to that New Zealand AOC holder.
2: The Director must notify CASA of his or her decision and of any action taken.
11I: Change of country of certification
1: This section applies if the Director believes on reasonable grounds that—
a: it would be in the interests of Australian and New Zealand civil aviation safety for the holder to conduct air operations in the Australian civil aviation system; and
b: the holder of a New Zealand AOC with ANZA privileges is no longer able to comply with all the conditions specified in section 11G(4)
2: If this section applies, the Director must—
a: consult with CASA; and
b: notify the holder—
i: that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 11G(4)
ii: of the grounds for the Director's belief; and
c: allow the holder at least 90 days from the date of the Director's notification under paragraph (b)
3: If, after the process referred to in subsection (2)
a: amend the New Zealand AOC with ANZA privileges:
b: withdraw the privileges attaching to the AOC.
4: Any person in respect of whom a decision is taken under subsection (3) section 66
11J: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority
An employee of the Authority may, subject to any directions from the Director of CASA, perform any function or exercise any power delegated to that employee under the Civil Aviation Act 1988 (Aust)
9: Director may require or carry out safety and security inspections and monitoring
1: Section 15(1)(a) aviation document or an Australian AOC with ANZA privileges
2: Section 15 subsection (1)
1A: In the case of an Australian AOC with ANZA privileges, the Director may only carry out inspections and monitoring at the request of CASA.
3: Section 15 subsection (2)
2A: The Director may, in respect of a holder of a New Zealand AOC with ANZA privileges, carry out in Australia any inspections and monitoring that the Director considers necessary in the interests of civil aviation safety.
10: Power of Director to suspend aviation document or impose conditions
1: Section 17(1) ; or
e: in the case of a holder of a New Zealand AOC with ANZA privileges, has received from the Director of CASA a copy of an Australian temporary stop notice given to the holder.
2: Section 17(4)
e: impose permanent conditions under section 18
3: Section 17(4A)
a: by inserting, after the words aviation document , or notice of the proposed imposition of permanent conditions,
b: by inserting, after the word document or to impose permanent conditions on the document
11: Power to revoke aviation document or impose conditions
Section 18 subsection (1)
1A: Without limiting subsection (1)
a: has been advised by the Director of CASA that CASA has given the holder of the document an Australian temporary stop notice; and
b: considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety.
12: Criteria for action taken under
section 17 18 Section 19 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that the individual may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
13: Delegation of Authority's or Director's functions or powers to persons outside Authority
Section 23B subsection (2)
2A: Any function or power that may be delegated under subsection (2)
14: General power of entry
1: Section 24(1) rules made under this Act or for the purpose of the ANZA mutual recognition agreements
2: Section 24 subsection (1)
1A: In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1)
3: Section 24(2) paragraph (a)
ab: in the case of an Australian AOC with ANZA privileges, a breach of the Civil Aviation 1988 (Aust) or of regulations or orders made under that Act is being, or is about to be, committed; or
4: Section 24(2)(b) document or Australian AOC with ANZA privileges
5: Section 24(3) authorised to have access to or
6: Section 24(3)(a) Act or, in the case of an Australian AOC with ANZA privileges, under Australian law
7: Section 24(3) paragraph (b)
b: must, if a document is surrendered under paragraph (a)
8: Section 24(6) ; and
c: in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA.
15: Interpretation
Section 27A(1) medical certificate medical certificate
a: issued by the Director under this Part to an applicant or licence holder; or
b: recognised by the Director under the rules .
16: Power of Minister to make ordinary rules
Section 28(1) paragraph (a)
ab: to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: .
17: Rules relating to general matters
Section 30 paragraph (c)
ca: to provide for the privileges of an air operator certificate to include conducting air operations in Australia: .
18: Procedures relating to rules
1: Section 32(1) paragraph (c)
c: set out fully the requirements of the rule, except where certain information is, under section 36
2: Section 32(2) paragraph (c)
c: set out fully the requirements of the rule, except where certain information is, under section 36
19: Matters to be taken into account in making rules
Section 33(2) paragraph (g)
g: the international circumstances in respect of—
i: aviation safety and security; and
ii: mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: .
20: New
sections 46D 46E The principal Act is amended by inserting, after section 46C
46D: Failure to provide information to Director relating to Australian AOCs with ANZA privileges
1: Every person commits an offence who conducts an air operation in New Zealand while in breach of section 11B(1) or (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000.
46E: Failure to cease conducting air operations in New Zealand
1: Every person commits an offence who fails to comply with section 11C(3)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
21: Communicating false information or failing to disclose information relevant to granting or holding of aviation document
Section 49(2)
a: omitting from paragraph (a) $5,000 $10,000
b: omitting from paragraph (b) $30,000 $50,000
22: Carrying on scheduled international air service without licence or contrary to licence
Section 49A(2)
a: omitting from paragraph (a) $5,000 $10,000
b: omitting from paragraph (b) $30,000 $50,000
23: Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
Section 49B(2)
a: omitting from paragraph (a) $3,000 $6,000
b: omitting from paragraph (b) $15,000 $30,000
24: Failure to notify accident or incident
Section 52B subsection (2)
2: Every pilot-in-command or operator who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or
b: in the case of a body corporate, to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.
25: Failure to provide identifying information
Section 52C(2)
a: omitting from paragraph (a) $5,000 $10,000
b: omitting from paragraph (b) $30,000 $50,000
26: Infringement offences
1: Section 57(1) or an offence against a provision specified in section 65Q(2)
2: Section 57(2) Where Subject to section 65P
27: Offences to be punishable on summary conviction
Section 65(1) of this Act and Part 5A
28: New
Part 5A The principal Act is amended by inserting, after Part 5
5A: Unruly passenger offences
Preliminary provisions
65A: Application of this Part
1: This Part applies to any unruly passenger offence committed—
a: on an aircraft in New Zealand, regardless of the nationality of the aircraft:
b: outside New Zealand on an aircraft in flight, regardless of the nationality of the aircraft, if the next landing of the aircraft is New Zealand.
2: For the purposes of this Part, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation.
3: Despite subsection (2)
4: A person authorised by the Director to exercise a power or function under this Part must carry a warrant of authority issued by the Director that specifies—
a: the name of, and the office or offices held by, that person; and
b: the powers and functions that the person is authorised to exercise under this Part.
5: A member of the police may exercise all or any of the powers and functions that may be conferred on a person authorised by the Director under this Part.
6: For the purposes of this Part, person authorised by the Director
65B: Liability for offences against this Part despite extraterritoriality
Any person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this Part if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand.
65C: Liability for offences under
Summary Offences Act 1981
1: Any person who commits an act or omission on an aircraft in flight outside New Zealand that would, if it occurred in New Zealand, be an offence against sections 3 Summary Offences Act 1981
2: To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 Summary Offences Act 1981
65D: Foreign aircraft outside New Zealand
1: An infringement notice may be issued, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if—
a: the pilot-in-command—
i: makes a request in the prescribed form to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and
ii: provides an undertaking in the prescribed form that he or she (or the operator of the aircraft) has not made or will not make a similar request to the authorities of any other state; and
b: in the case of proceedings, the Attorney-General consents.
2: To avoid doubt, a person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether or not to consent to proceedings.
3: Despite subsection (1)(b)
a: a copy of the infringement notice is filed under section 65S(1)
b: the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates.
4: In any proceedings for an offence under this Part, the pilot-in-command' s request and undertaking, if made in the prescribed form or forms, are—
a: admissible in evidence; and
b: in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms.
65E: Proceedings for offences
1: Subject to section 65Q(2) sections 65F and 65G(1)(d)
2: The offences specified in sections 65F and 65G(l)(d)
3: Despite anything to the contrary in the Summary Proceedings Act 1957 subsection (1)
4: Subject to section 65C Unruly passenger offences
65F: Strict liability for acts endangering safety
1: A person commits an offence who acts in a manner that endangers an aircraft or any person in an aircraft.
2: Every person who commits an offence against subsection (1)
65G: Disruptive conduct towards crew member
1: Every person commits an offence who, while in an aircraft,—
a: uses any threatening, offensive, or insulting words towards a crew member; or
b: behaves in a threatening, offensive, insulting, or disorderly manner towards a crew member; or
c: behaves in a manner that interferes with the performance by a crew member of his or her duties; or
d: intentionally interferes with the performance by a crew member of his or her duties.
2: Every person who commits an offence against subsection (1)(a) or (b) or (c)
3: Every person who commits an offence against subsection (1)(d)
4: It is a defence in a prosecution under subsection (1)(a)
65H: Interference with aircraft
1: Every person commits an offence who tampers or interferes with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors.
2: Every person who commits an offence against subsection (1)
65I: Intoxicated persons on aircraft
1: Every person (except a person under medical care) commits an offence who—
a: is intoxicated and boards an aircraft; or
b: becomes intoxicated on an aircraft.
2: Every person who commits an offence against—
a: subsection (1)(a)
b: subsection (1)(b)
3: For the purposes of this section, a person is intoxicated if the pilot-in-command (or senior flight attendant authorised by the pilot-in-command for this purpose) has reasonable grounds to believe that the person is under the influence of an intoxicating liquor, or substance to such an extent as to—
a: be incapable of properly looking after himself or herself; or
b: actively present a hazard to the aircraft or to persons on the aircraft; or
c: offend against the good order and discipline required on an aircraft.
4: For the purposes of this section, person under medical care
a: is under the supervision of an attendant; and
b: has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation.
65J: Non-compliance with commands given by pilot-in-command
1: Every person commits an offence who fails to comply with any commands given to the person directly by the pilot-in-command, or indirectly by the pilot-in-command through a crew member, in accordance with his or her duties under section 13
2: Despite section 28(6) subsection (1)
65K: Offensive behaviour or words
1: Every person commits an offence who, on any aircraft,—
a: behaves in a threatening, offensive, insulting, or disorderly manner; or
b: uses threatening, offensive, or insulting words.
2: Every person who commits an offence against subsection (1)
3: It is a defence in a prosecution under subsection (1)(b)
65L: Portable electronic devices not to be operated
1: Every person commits an offence who operates a portable electronic device on board an aircraft in breach of the rules.
2: Despite section 28(6) subsection (1)
65M: Non-compliance with seating and seatbelt instructions
1: Every person commits an offence who fails to comply with an instruction given by a crew member, passenger information signs, or placards to—
a: occupy a seat or berth; and
b: fasten and keep fastened about the person any installed safety belt or safety harness.
2: Every person who commits an offence against subsection (1)
65N: No smoking
1: Every person commits an offence who smokes—
a: when instructed not to smoke by a crew member, passenger information signs, or placards; or
b: while on any aircraft that is carrying passengers for hire or reward on any internal flight; or
c: in contravention of section 96A(6)
2: Every person who commits an offence against subsection (1)
3: In subsection (1) to smoke section 96A(1)
65O: Dangerous goods
1: Every person commits an offence who, in breach of the rules, carries or causes to be carried on an aircraft any dangerous goods.
2: Despite section 28(6) subsection (1)
65P: Procedure for certain unruly passenger offences
1: If any offence specified in section 65Q(2) defendant
a: the Director; or
b: a person authorised by the Director.
2: If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2)
a: the defendant may be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence.
3: If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) or section 65H or section 65J or section 65K or section 65Q(2)
4: If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3)
5: If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4)
6: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
a: refuses or fails to comply with a request under subsection (3) or subsection (4)
b: gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request.
7: Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4)
8: The Director or a person authorised by the Director—
a: may deliver an infringement notice (or a copy of it) to the defendant personally; or
b: may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business.
65Q: Form of infringement notice
1: An infringement notice under section 65P
a: enough details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
b: the amount of the infringement fee specified in respect of that offence in subsection (2)
c: where the fee may be paid; and
d: the time within which the fee may be paid; and
e: how and where payment may be made under section 65R
f: a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957
g: that the defendant has a right to request a hearing; and
h: a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and
i: any other particulars as are prescribed by regulations made under this Act.
2: The infringement fee is,—
a: in the case of an offence against section 65I(1)(a)
b: in the case of an offence against section 65I(1)(b)
c: in the case of an offence against section 65L
d: in the case of an offence against section 65M
e: in the case of an offence against section 65N
f: in the case of an offence against section 65O
65R: Payment of fees
1: If an infringement notice under section 65P
2: All infringement fees received in respect of an infringement notice under section 65P
65S: Filing of notices
1: The Director or a person authorised by the Director may file in a District Court a copy of the infringement notice under section 65P
a: the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and
b: the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence.
2: The copy of the infringement notice filed under subsection (1)
3: If an infringement notice under section 65P Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (1) of this section
b: subsection (1) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (1) of this section
d: the reference in section 21(5) section 21(3) subsection (1) of this section
e: the reference in section 21(6)(b) and (10)(a)
f: the references to reminder notices in the definition of defendant in sections 2 and 78B
4: Despite section 203(1) of the Summary Proceedings Act 1957 section 65P
5: For the purpose of subsection (1)
65T: Savings
1: Nothing in this Part applies to any—
a: proceedings commenced before the commencement of this Act; or
b: cause of action that arose before the commencement of this Act; or
c: act or omission that occurred before the commencement of this Act.
2: All proceedings commenced under any other enactment for an offence committed before the commencement of this Part may be continued and completed under that other enactment as if this Part had not come into force.
29: Appeal to District Court
1: Section 66(5)
e: concerning the issue of a medical certificate under section 27B subsection (5)(b) of that section
f: to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a)
g: to disqualify a licence holder under section 27I(7)(c)
h: to revoke a medical certificate under section 27I(7)(d) and (11)
i: concerning the implementation of the results of a report by the convener under section 27L or section 27M
2: Section 66(5)
j: to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3) Section 29 substituted 15 December 2005 4 Civil Aviation Amendment Act 2005
30: Civil Aviation Authority of New Zealand established
Section 72A(2) who shall be New Zealand citizens or permanent residents of New Zealand
31: Functions of Authority
Section 72B(2)
j: to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries.
32: Director of Civil Aviation
Section 72I subsection (3C)
3D: The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements.
33: Civil Aviation Registry
1: Section 74(2) paragraph (a)
ab: every Australian AOC with ANZA privileges: .
2: Section 74
4: Subsection (3) Privacy Act 1993
34: Powers and duties of Minister to require screening
Section 77A subsection (5)
5A: A direction is not a regulation for the purposes of the Acts and Regulations Publication Act 1989
35: Powers and duties of Director to require screening
Section 77B subsection (5)
5A: A direction is not a regulation for the purposes of the Acts and Regulations Publication Act 1989
36: Functions and duties of Aviation Security Service
Section 80 paragraph (e)
ea: to provide security support services to the police when requested by the Commissioner of Police, but only subject to the following conditions:
i: the Commissioner of Police is satisfied that the provision of those services to the New Zealand Police is necessary to enable the New Zealand Police to carry out its security duties; and
ii: the Aviation Security Service is satisfied that the provision of those services to the New Zealand Police will not compromise aviation security: .
37: New
Part 9B The principal Act is amended by inserting, after Part 9A
9B: Domestic carriage by air
91U: Interpretation
1: In this Part, unless the context otherwise requires,— actual carrier
a: performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but
b: is not, in relation to that carriage, a successive carrier aeroplane carrier contract contracting carrier
a: means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and
b: includes a successive carrier international carriage
a: within the territories of 2 countries; or
b: within the territory of a single country if there is an agreed stopping place within the territory of another country passenger
a: assigned by the carrier for duty as a member of the crew of the aeroplane; or
b: carried for the sole purpose of receiving or giving instruction in the control or navigation of an aeroplane in flight successive carrier
a: is performed by 2 or more persons in successive stages; and
b: has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts.
2: If any question arises as to whether or not an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed. 1967 No 151 s 18
91V: Application of this Part
1: This Part applies to any carriage by air (other than international carriage) in which, according to the contract between the parties,—
a: the place of departure and the place of destination are both in New Zealand; and
b: there is no agreed stopping place outside New Zealand.
2: Subsection (1)
a: the aeroplane in which the carriage takes place is at the same time engaged in international carriage; or
b: the contract for the carriage of any passenger is made without consideration.
3: This section applies subject to section 91W 1967 No 151 s 19(1)
91W: Exclusions
1: This Part does not apply to any carriage by air by an aeroplane while it is being used solely for military purposes by the Armed Forces.
2: This Part does not apply to any carriage by air on a single flight in respect of which, according to the contract between the parties, the place of departure and the intended place of destination are the same. 1967 No 151 s 19(3), (4)
91X: Provisions if carriage performed by actual carrier—
1: If the whole or any part of any carriage to which this Part applies is performed by an actual carrier,—
a: both the contracting carrier and the actual carrier are subject to any liability imposed by this Part as follows:
i: the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and
ii: the actual carrier is liable solely in respect of the carriage that the actual carrier performs:
b: the acts and omissions of the actual carrier, and of the actual carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the contracting carrier:
c: the acts and omissions of the contracting carrier, and of the contracting carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the actual carrier:
d: any special agreement under which the contracting carrier assumes obligations not imposed by this Part, or any waiver of rights conferred by this Part, does not affect the actual carrier unless agreed to by the actual carrier.
2: An act or omission specified in subsection (1)(c) section 91ZC 1967 No 151 s 20
91Y: Provisions if carriage performed by successive carriers
If carriage is performed or is to be performed by successive carriers, the contracting carrier who is liable is the successive carrier who performed or was to perform the carriage where the delay occurred. 1967 No 151 s 21
91Z: Liability of carrier in respect of delay
1: A carrier is liable for damage caused by delay in the carriage of passengers.
2: Despite subsection (1)
a: arose by reason of—
i: meteorological conditions; or
ii: compliance with instructions, advice, or information given by an air traffic control service; or
iii: obedience to orders or directions given by a lawful authority; or
b: was made necessary by force majeure; or
c: was necessary for the purpose of saving or attempting to save life. 1967 No 151 s 25
91ZA: Avoidance of liability
The carrier is not liable under this Part if the carrier proves that—
a: the carrier, or the carrier's servants or agents, had taken all necessary measures to avoid the damage; or
b: it was not possible for the carrier, or the carrier's servants or agents, to have taken those measures. 1967 No 151 s 26
91ZB: Contributory negligence
If the carrier proves that the damage was caused, or contributed to, by the negligence of the passenger, the court may, in accordance with the Contributory Negligence Act 1947 1967 No 151 s 27
91ZC: Limitation of liability
1: The liability of the carrier in respect of damage caused by delay is limited to the lesser of—
a: the amount of damage proved to have been sustained as a result of the delay; or
b: an amount representing 10 times the sum paid for the carriage.
2: Despite subsection (1)
3: This Part does not affect any rule of law relating to remoteness of damage. 1967 No 151 s 28
91ZD: Contracting out
1: A provision in a contract of carriage or in any bylaws made by a carrier purporting to relieve the carrier of liability, or to fix a lower limit than the appropriate limit of liability referred to in section 91ZC
2: The invalidity under subsection (1) 1967 No 151 1967 No 151 s 30
91ZE: Wilful or reckless misconduct
1: The limits of liability referred to in section 91ZC
a: with intent to cause damage; or
b: recklessly and with knowledge that damage would probably result.
2: The limits of liability referred to in section 91ZC
a: with intent to cause damage; or
b: recklessly and with knowledge that damage would probably result; and
c: while the servant or agent was acting within the scope of that servant's or agent's employment. 1967 No 151 1967 No 151 s 31
91ZF: Servants or agents of carrier
1: If an action in respect of any damage is brought against a servant or agent of a carrier, and the servant or agent proves that the servant or agent acted within the scope of the servant's or agent's employment or authority, the servant or agent is entitled to rely on the limits of liability, if any, that the carrier would be entitled to invoke under section 91ZC
2: Subsection (1)
a: with intent to cause damage or recklessly; and
b: with knowledge that damage would probably result. 1967 No 151 s 32
91ZG: Aggregation of damages
The aggregate of the amounts recoverable from the carriers, and from their servants or agents acting within the scope of their employment who are jointly and severally subject to liability under this Part, must not exceed the limits referred to in section 91ZC 1967 No 151 s 33
91ZH: Aggregate liability
The limitations referred to in section 91ZC 1967 No 151 s 34
91ZI: Just and equitable orders and awards
1: A court before which proceedings are brought to enforce a liability that is limited by this Part may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of—
a: the provisions of this Part; and
b: any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.
2: Without limiting subsection (1)
a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
b: make any part of its award conditional on the result of any other proceedings. 1967 No 151 s 35
91ZJ: Tortfeasors
1: The limitations on liability referred to in section 91ZC
a: proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and
b: the tortfeasor from whom contribution is sought is the carrier, or a servant or agent of the carrier.
2: Proceedings to which subsection (1)
3: This Part does not affect proceedings brought against any tortfeasor (other than the carrier or its servant or agent). 1967 No 151 s 36
91ZK: Relationship between carriers
This Part does not—
a: prevent a carrier from entering into special contractual arrangements with another carrier; or
b: affect the rights and obligations of the carriers between themselves. 1967 No 151 s 37
91ZL: Limitation of actions
1: An action may not be brought under this Part against a carrier, or a servant or agent of a carrier acting within the scope of his or her employment, after 2 years from the later of the following dates:
a: the date of the arrival of the aeroplane at the destination; or
b: if the aeroplane did not arrive at the destination,—
i: the date on which the aeroplane ought to have arrived at the destination; or
ii: the date on which the carriage stopped.
2: Despite subsection (1) subsection (1)
3: On application under subsection (2)
a: the delay in bringing the action was caused by—
i: mistake of fact; or
ii: mistake of any matter of law other than the provisions of this subsection; or
iii: any other reasonable cause; or
b: the intended defendant was not materially prejudiced in the defendant's defence or otherwise by the delay.
4: If the court grants leave under subsection (3)
5: This section applies subject to the special provisions relating to tortfeasors in section 91ZJ 1967 No 151 s 39
91ZM: Combined carriage
If a contract of carriage made with an air carrier provides for the carriage to be performed partly by air and partly by a mode of carriage other than by air, this Part applies only to the carriage by air. 1967 No 151 s 40 .
38: Minister may prohibit smoking on international air routes
Section 96A(1) to smoke tobacco
39: Regulations
1: Section 100(1)(d)
a: by omitting from subparagraph (i) $5,000 $10,000
b: by omitting from subparagraph (ii) $30,000 $50,000
2: Section 100(1) paragraph (ec)
ed: specifying, for the purposes of Part 1A .
40: Repeals
1: Sections 96B(3) (5) 96C to 96F
2: The Carriage by Air Act 1967
41: Consequential amendments
1: The Civil Aviation Rules are amended in the manner set out in Part 1 section 2(1)
2: The Civil Aviation Rules are amended in the manner set out in Part 2 section 2(2)
3: The Acts specified in Schedule 2
4: Schedule 1 of the Civil Aviation (Offences) Regulations 1997 (SR 1997/56)
a: revoking the item relating to rule 19.7(b):
b: revoking the item relating to rule 91.5(b):
c: revoking the item relating to rule 91.5(c):
d: omitting from the item relating to rule 91.7(a) the words Person shall not operate operator Operator
e: omitting from the third column of the item relating to rule 91.7(a) the expression 1,250 2,500
f: omitting from the fourth column of the item relating to rule 91.7(a) the expression 7,500 15,000
g: omitting from the item relating to rule 91.11 the words interfere with crew member or
h: omit from the third column of the item relating to rule 91.11 the expression 5,000 10,000
i: omit from the fourth column of the item relating to rule 91.11 the expression 30,000 50,000
j: omitting from the third column of the item relating to rule 92.13 the expression 625
k: omit from the fourth column of the item relating to rule 92.13 the expression 3,750 15,000
l: omitting from the fifth column of the item relating to rule 92.13 the expression 250
m: omit from the sixth column of the item relating to rule 92.13 the expression 1,500 6,000
5: The Civil Aviation (Offences) Regulations 1997 (SR 1997/56)
a: adding the Schedule 3 set out in Schedule 3
b: inserting in clause 5 Schedule 2 , and every infringement notice under section 65P of the Act Schedule 3


Companies Amendment Act 2004

1: Title
1: This Act is the Companies Amendment Act 2004.
2: In this Act, the Companies Act 1993 the principal Act
2: Commencement
This Act comes into force on the 60th day after the date on which it receives the Royal assent.
3: Meaning of director
1: Section 126(1)(b) and 385 385, and clause 12(ab) of Schedule 7
2: Section 126(1)(c) and 385 385, and clause 12(ab) of Schedule 7
3: Section 126(1)(d) 149 , and clause 12(ab) of Schedule 7
4: Schedule 7
1: Clause 2 paragraph (b)
ba: subject to clause 6
bb: subject to clause 6 section 123(b) or section 128 of the Employment Relations Act 2000 section 123(c) of the Employment Relations Act 2000 .
2: Clause 2(i)
3: Clause 6
a: omitting the words clause 2(a), (b), (d), or (e) of this Schedule any, or all, of paragraphs (a), (b), (ba), (bb), (d), and (e) of clause 2
b: omitting the expression $6,000 $15,000
c: inserting, after the word prescribed under clause 6A
4: Schedule 7 clause 6
6A: The sum stated in clause 6
a: subject to paragraph (d) adjustment period
b: subject to paragraph (d)
c: each adjustment must reflect any overall percentage increase, over the relevant adjustment period, in average weekly earnings (total, private sector), calculated by reference to the last Quarterly Employment Survey published by Statistics New Zealand (or, if that survey ceases to be published, a survey certified by the Government Statistician as an equivalent to that survey) within the relevant adjustment period:
d: if, in an adjustment period, there is no change, or an overall decrease, in the percentage movement in average weekly earnings (total, private sector), as so calculated, no adjustment may be made for that adjustment period:
e: if, in accordance with paragraph (d)
f: all adjustments are cumulative and must be rounded to the nearest $20:
g: any correction to a Quarterly Employment Survey upon which an adjustment is based must be disregarded until the adjustment that takes effect in the following adjustment period which must reflect the corrected information in the calculation of that adjustment and must otherwise be made in accordance with this clause.
5: Clause 8
6: Clause 9(a) themselves and , subject to any maximum payment level specified in any Act or regulations,
7: Clause 12 paragraph (a)
ab: employee section 5 of the Employment Relations Act 2000 .
8: Schedule 7
13: This schedule, as in force on the date of commencement of a liquidation, continues to apply to that liquidation regardless of any amendment to this schedule that comes into force after the date of commencement of the liquidation.


Insolvency Amendment Act 2004

1: Title
1: This Act is the Insolvency Amendment Act 2004.
2: In this Act, the Insolvency Act 1967 the principal Act
2: Commencement
This Act comes into force on the 60th day after the date on which it receives the Royal assent.
3: No lien over bankrupt's books, etc
Section 73(2) subparagraph (iii) of paragraph (d) of subsection (1) of section 104 of this Act section 104(1)(d)(v)
4: Priorities
1: Section 104(1) paragraph (d)
d: fourthly, in payment rateably of,—
i: subject to subsection (1A)
ii: subject to subsection (1A)
iii: subject to subsection (1A)
iv: subject to subsection (1A) section 123(b) or section 128 of the Employment Relations Act 2000 section 123(c) of the Employment Relations Act 2000
v: all sums payable under section 73(2)
vi: subject to subsection (1A) section 163(1) of the Child Support Act 1991
vii: subject to subsection (1A) section 167(2) of the Tax Administration Act 1994 section 25 of the Student Loan Scheme Act 1992 .
2: Section 104(1)(e)(ii)
3: Section 104 subsection (1)
1A: The total sum to which priority is to be given under any, or all, of subparagraphs (1)(d)(i) to (iv), (vi), and (vii) subsection (1B)
1B: The sum stated in subsection (1A)
a: subject to paragraph (d) adjustment period
b: subject to paragraph (d)
c: each adjustment must reflect any overall percentage increase, over the relevant adjustment period, in average weekly earnings (total, private sector), calculated by reference to the last Quarterly Employment Survey published by Statistics New Zealand (or, if that survey ceases to be published, a survey certified by the Government Statistician as an equivalent to that survey) within the relevant adjustment period:
d: if, in an adjustment period, there is no change, or an overall decrease, in the percentage movement in average weekly earnings (total, private sector), as so calculated, no adjustment may be made for that adjustment period:
e: if, in accordance with paragraph (d)
f: all adjustments are cumulative and must be rounded to the nearest $20:
g: any correction to a Quarterly Employment Survey upon which an adjustment is based must be disregarded until the adjustment that takes effect in the following adjustment period which must reflect the corrected information in the calculation of that adjustment and must otherwise be made in accordance with this section.
4: Section 104(2) servant or worker employee
5: Section 104(3)
a: omitting the words For the purpose of paragraph (d) of subsection (1) of this section In this section
b: inserting, before paragraph (a)
aa: employee section 5 of the Employment Relations Act 2000 .
6: Section 104
5: This section, as in force on the date on which a person is adjudicated bankrupt, continues to apply to that bankruptcy regardless of any amendment to this section that comes into force after the date on which the person is adjudicated bankrupt. Consequential repeal
5: Insolvency Amendment Act 1978 The Insolvency Amendment Act 1978 (1978 No 99)


1: Title
1: This Act is the Volunteers Employment Protection Amendment Act 2004.
2: In this Act, the Volunteers Employment Protection Act 1973 the principal Act
2: Commencement
This Act comes into force on 1 April 2004.
3: Purpose
The purpose of this Act is to amend the principal Act—
a: to provide protection for the employment of members of the territorial forces or the reserve forces—
i: who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 section 39(2) 40(2) Defence Act 1990
ii: who were, at the time of the making of the Proclamation, employed by an employer:
b: to improve the protection that is provided under this Act for the employment of members of the territorial forces or the reserve forces—
i: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, are, as a consequence of a Proclamation made under section 39(3) 40(3) Defence Act 1990
ii: who were, at the time of the making of the Proclamation, employed by an employer:
c: to provide protection for the employment of members of the territorial forces or the reserve forces and other persons—
i: who undertake special service under section 50 Defence Act 1990
ii: whose obligation to undertake that service arises from the acceptance, during a period specified in an order made under section 50A Defence Act 1990 section 50
iii: who were, at the beginning of the period specified in the order made under section 50A Defence Act 1990
d: to authorise the making of regulations providing for payments by way of compensation to be made to employers whose employees (being employees entitled under section 14H Part 3 section 50A Defence Act 1990
e: to revise the employment protection provisions of the principal Act so that they are based on the employment protection provisions of the Parental Leave and Employment Protection Act 1987
4: New
section 2 The principal Act is amended by repealing section 2
2: Interpretation
1: In this Act, unless the context otherwise requires,— Armed Forces
a: means the Armed Forces within the meaning of the Defence Act 1990
b: includes any branch, corps, command, formation, unit, or other part of the Armed Forces within the meaning of the Defence Act 1990
c: does not include any part of the cadet forces chief executive department employee section 6 of the Employment Relations Act 2000 employment agreement section 5 of the Employment Relations Act 2000 section 242 of the Employment Relations Act 2000 Employment Court Employment Relations Act 2000 Employment Relations Authority Employment Relations Act 2000 Labour Inspector section 223 of the Employment Relations Act 2000 protected voluntary
a: means voluntary service or training in the Armed Forces necessitating an absence from employment (other than during a period of holiday or leave to which the employee is entitled other than by virtue of this Act) for a period or periods of—
i: whole-time service in the form of one or more periods of continuous service or training not exceeding in the aggregate 3 months in any training year with the Armed Forces; and
ii: part-time service in the form of annual, special, weekend, and evening service or training, not exceeding in the aggregate 3 weeks in any training year; and
b: includes—
i: any period or periods spent in travelling to and from any place of service or training:
ii: any period or periods during which a volunteer is prevented from resuming employment after service or training because of sickness or any reasonable cause attributable to the service or training; but
c: does not include any service that, even though it necessitates an absence from employment, is service in respect of which leave may be granted under Part 2 or Part 3 reserve forces section 2(1) of the Defence Act 1990 State employee
a: every person whose rate of remuneration is determined under the State Sector Act 1988
b: every person whose rate of remuneration is determined under any of the provisions of sections 67, 67A, 75, and 76 of the Police Act 1958
c: every person employed in the State services whose remuneration is determined by the Remuneration Authority State services section 2 of the State Sector Act 1988 territorial forces section 2(1) of the Defence Act 1990 training year undertaking union Employment Relations Act 2000 volunteers leave
a: means leave to which an employee is entitled in accordance with Part 1 or Part 2 or Part 3
b: includes leave of the kind described in paragraph (a)
i: any Act other than this Act; or
ii: any employment agreement.
2: Where it is necessary, for the purposes of applying any of the provisions of sections 7A, 14H(b), and 14R clauses 1 to 5 of Schedule 2
a: whether any employee has remained in the employment of the same employer during any period of time; or
b: whether any employee has resumed employment with the same employer,— the provisions of that schedule apply.
5: References to worker changed to references to employee
1: The provisions of the principal Act specified in Part 1 worker employee
2: The provisions of the principal Act specified in Part 2 worker's employee's
6: New
section 3A The principal Act is amended by inserting, after section 3
3A: Application of this Act to employees who have non-statutory rights to volunteers leave
1: Parts 1 to 4
a: entitle the employee to volunteers leave; and
b: are in their overall effect, as favourable to that employee as, or more favourable to that employee than, the rights and benefits provided for in Parts 1 to 4
c: are provided under a comprehensive employment agreement or arrangement (other than this Act).
2: An employment agreement or other arrangement is comprehensive if it effectively addresses all of the following matters:
a: the conditions of eligibility for volunteers leave under Part 1 Part 2 Part 3
b: the duration of volunteers leave under Part 1 Part 2 Part 3
c: the degree of protection for the employee's position in the employment of the employer during and subsequent to any absence on volunteers leave:
d: the employer's obligation or lack of obligation to pay remuneration during volunteers leave:
e: the procedural requirements relating to volunteers leave.
3: The provisions of an employment agreement or other arrangement that are not comprehensive are of no effect so far as they relate to volunteers leave.
4: Parts 5 to 7 1987 No 129 s 4
7: Part 1 The principal Act is amended by inserting, before section 4
1: Protected voluntary service or training
8: Repeal of
sections 6 7 Sections 6 7
9: New
sections 7A 7B The principal Act is amended by inserting, before section 8
7A: Continuity of employment
Where an employee resumes service with the same employer at the end of a period of leave under this Part,—
a: the employee's service, for the purpose of any rights and benefits that are conditional on unbroken service, are not broken by the taking of leave under this Part; and
b: any period during which the employee was on leave under this Part counts—
i: subject to sections 8 and 9
ii: subject to section 7B 1987 No 129 s 43
7B: Contributions to superannuation schemes
Nothing in section 7A(b)(ii)
a: entitles an employee to have any period counted as service for the purposes of a superannuation scheme if the employee is required to pay contributions in respect of that period and has not done so; or
b: relieves an employee from any obligation under a superannuation scheme to pay contributions in respect of any period during which the employee is on leave under this Part. 1987 No 129 s 44
10: Repeal of
sections 10 13 Sections 10 13
11: Applications for postponement of service or training
Section 12
a: by omitting the word Secretary chief executive
b: by omitting from subsection (2) Department of Labour department
12: New
Parts 2 to 7 The principal Act is amended by inserting, after section 14
2: Service in time of war or emergency
14A: Employees to whom this Part applies
This Part applies to the following employees:
a: every employee—
i: who is a member of the territorial forces or the reserve forces; and
ii: who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 section 39(2) or section 40(2) of the Defence Act 1990
iii: who was, at the time of the making of the Proclamation, employed by an employer:
b: every employee—
i: who is a member of the territorial forces or the reserve forces; and
ii: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, is, as a consequence of a Proclamation made under section 39(3) or section 40(3) of the Defence Act 1990
iii: who was, at the time of the making of the Proclamation, employed by an employer.
14B: Entitlement to leave
Except as otherwise provided in this Part, every employee is entitled to leave in accordance with this Part if that employee—
a: is an employee to whom this Part applies; and
b: is, at the time of the making of the relevant Proclamation under section 39 or section 40 of the Defence Act 1990 1987 No 129 s 7
14C: Date of commencement of leave
Leave under this Part begins—
a: on the day on which the employee is called out for continuous service, either in New Zealand or elsewhere, as a consequence of a Proclamation under section 39 or section 40 of the Defence Act 1990
b: on such earlier or later date as is agreed on by the employee and the employee's employer. 1987 No 129 s 12
14D: Obligation to notify employer in relation to service in time of war or emergency
1: Where an employee becomes aware that he or she is, as a consequence of a Proclamation made under section 39 or section 40 of the Defence Act 1990
2: The notice must state, in addition, whether or not the employee wishes to take leave under this Part.
3: If the employee wishes to take leave under this Part, the notice must—
a: state the proposed date on which the employee wishes to commence leave; and
b: contain either—
i: a statement of the duration of the leave; or
ii: if the duration of the leave is not then known to the employee, a statement to the effect that the employee does not know the duration of the leave but will, as soon as practicable after the duration of the leave becomes known to the employee, give to the employer written notice of the duration of the leave.
4: If a notice under subsection (1) subsection (3)(b)(ii)
5: If, after an employee has given to the employee's employer a statement complying with subsection (3)(b)(i) or subsection (4) 1987 No 129 s 31(1), (2)
14E: Obligation to notify employee
1: Every employer who receives a notice under section 14D(1)
a: stating whether the employee is entitled to take leave under this Part; and
b: where an employer states that the employee is not entitled to take leave under this Part, stating the reasons why the employee is not so entitled; and
c: stating that, until the end of the employee's leave under this Part, the employee's position in the employment of the employer—
i: can be kept open; or
ii: cannot be kept open; and
d: where the employer states that the employee's position cannot be kept open, informing the employee—
i: that the employee may dispute the employer's statement that the employee's position cannot be kept open; and
ii: that the employer will, for the period of 26 weeks beginning with the day on which the leave under this Part ends, give the employee preference over other applicants for any position which is vacant and which is substantially similar to the position held by the employee at the beginning of the leave under this Part; and
e: informing the employee of the substance of sections 14A, 14B, 14C, and 14S
2: Where an employee receives a notice given under subsection (1) Part 6 1987 No 129 s 36
14F: Employer's notice in relation to return to work and preference for appointment
Within 21 days after the beginning of an employee's leave under this Part, the employer of the employee must give to the employee a written notice stating—
a: either—
i: where the employer is able to keep the employee's position open until the end of the employee's leave under this Part, that, if the employee decides to return to work at the end of the employee's leave under this Part, the employee will be required to return to work, on the next working day after the date on which the employee's leave under this Part ends; or
ii: in any other case, that, for the period of 26 weeks beginning with the day on which the leave under this Part ends, the employer will give the employee preference over other applicants for any position which is vacant and which is substantially similar to the position held by the employee at the beginning of the employee's leave under this Part; and
b: where paragraph (a)(i)
i: the employee's obligations under section 14N
ii: the employee's rights under section 14T(1)(a) section 14T(2)(a)
iii: the employee's rights under section 14U
c: where paragraph (a)(ii)
i: the employee's rights under section 14T(1)(b) section 14T(2)(b)
ii: the employee's rights under section 14U 1987 No 129 s 38
3: Service in situation of national interest
14G: Employees to whom this Part applies
This Part applies to every employee—
a: who undertakes special service under section 50 of the Defence Act 1990
b: whose obligation to undertake that service arises from the acceptance, during a period specified to be in the national interest in an order made under section 50A of the Defence Act 1990 section 50 of that Act
c: who was, at the beginning of the period specified in the order made under section 50A of the Defence Act 1990
14H: Entitlement to leave
Except as otherwise provided in this Part, every employee is entitled to leave in accordance with this Part if that employee—
a: is an employee to whom this Part applies; and
b: has, for the period of 12 months immediately preceding the making of the relevant order under section 50A of the Defence Act 1990 1987 No 129 s 7
14I: Duration of leave
Leave taken under this Part must be taken in one continuous period not exceeding 12 months. 1987 No 129 s 9(1)
14J: Right of employer and employee to determine date of commencement of leave by agreement
Leave under this Part may, by agreement between the employee and the employee's employer, begin on any date. 1987 No 129 s 12
14K: Obligation to notify employer in relation to leave for special service
1: An employee who wishes to take leave under this Part in order to undertake special service under section 50 of the Defence Act 1990
2: The notice must state the proposed date on which the employee wishes to commence leave, and the duration of the leave.
3: The notice must be given at least 28 days before the proposed date on which the employee wishes to commence leave. 1987 No 129 s 31
14L: Obligation to notify employee
1: Every employer who receives a notice under section 14K(1)
a: stating whether the employee is entitled to take leave under this Part; and
b: where an employer states that the employee is not entitled to take leave under this Part, stating the reasons why the employee is not so entitled; and
c: stating that, until the end of the employee's leave under this Part, the employee's position in the employment of the employer—
i: can be kept open; or
ii: cannot be kept open; and
d: where the employer states that the employee's position cannot be kept open, informing the employee—
i: that the employee may dispute the employer's statement that the employee's position cannot be kept open; and
ii: that the employer will, for the period of 26 weeks beginning with the day on which the leave under this Part ends, give the employee preference over other applicants for any position which is vacant and which is substantially similar to the position held by the employee at the beginning of the leave under this Part; and
e: informing the employee of the substance of sections 14G, 14H, 14I, 14J, 14T, and 14U
2: Where an employee receives a notice given under subsection (1) Part 6 1987 No 129 s 36(1), (3)
14M: Employer's notice in relation to return to work and preference for appointment
Within 21 days after the beginning of an employee's leave under this Part, the employer of the employee must give to the employee a written notice stating—
a: the date on which the employee's leave under this Part will end; and
b: either,—
i: where the employer is able to keep the employee's position open until the end of the employee's leave under this Part, the date on which, if the employee decides to return to work at the end of the employee's leave under this Part, the employee will be required to return to work, being the date of the next working day after the date on which the employee's leave under this Part ends; or
ii: in any other case, the period of 26 weeks during which the employer will give the employee preference over other applicants for any position which is vacant and which is substantially similar to the position held by the employee at the beginning of the employee's leave under this Part; and
c: where paragraph (b)(i)
i: the employee's obligations under section 14N
ii: the employee's rights under section 14T(1)(a) section 14T(2)(a)
iii: the employee's rights under section 14U
d: where paragraph (b)(ii)
i: the employee's rights under section 14T(1)(b) section 14T(2)(b)
ii: the employee's rights under section 14U 1987 No 129 s 38
4: Provisions applying in relation to employees taking leave under
Part 2 or Part 3
14N: Employee's notice in relation to return to work
1: This section applies to every employee who is on leave under Part 2 or Part 3
2: An employee must, not later than 21 days before the date on which the employee's leave under Part 2 or Part 3
3: An employee is not required to give a notice under subsection (2)
4: If an employee who is not required to give a notice under subsection (2) Part 2 or Part 3
5: If an employee who is not required to give a notice under subsection (2) Part 2 or Part 3
a: that employee and the employee's employer must co-operate in good faith for the purpose of agreeing on arrangements for the employee's return to work; but
b: if the employee and the employee's employer cannot agree on arrangements for the employee's return to work, the employee must give to the employee's employer not less than 7 days' notice in writing of the date on which the employee will be returning to work. 1987 No 129 s 39(1)
14O: Presumption that employee's position can be kept open
1: Where an employee takes a period of leave under Part 2 or Part 3 Part 2 or Part 3
a: because a temporary replacement is not reasonably practicable due to the key position occupied within the employer's enterprise by the employee; or
b: because of the occurrence of a redundancy situation.
2: In determining whether or not a position is a key position for the purposes of subsection (l)(a)
a: the size of the employer's enterprise; and
b: the training period or skills required in the job. 1987 No 129 s 41(1), (2)
14P: Employer's obligations in respect of remuneration and holiday pay
1: Subject to subsection (2) Part 2 or Part 3
a: any period of the employee's leave under Part 2 or Part 3
b: any period during which the employee is entitled under this Act, following any period of leave under Part 2 or Part 3
2: If an employee becomes entitled to an annual holiday on pay during—
a: a period of leave under Part 2 or Part 3
b: a period of preference in obtaining employment; or
c: the period of 12 months commencing with the date on which the employee returns to work after a period of leave under Part 2 or Part 3 the employee is, despite anything in section 21 of the Holidays Act 2003 1987 No 129 s 42
14Q: Power to increase entitlement to holiday pay
Any employment agreement may, in addressing the matter of holiday pay for an employee taking any period of leave under Part 2 or Part 3 section 14P(2) 1987 No 129 s 72
14R: Continuity of employment
Where an employee resumes service with the same employer at the end of a period of leave under Part 2 or Part 3 Part 2 or Part 3
a: the employee's service, for the purpose of any rights and benefits that are conditional on unbroken service, are not broken—
i: by the taking of leave under Part 2 or Part 3
ii: by the employee being without a position in the employer's service during part of the period of preference; or
iii: by both; and
b: any period during which the employee was on leave under Part 2 or Part 3 Part 2 or Part 3
i: subject to section 14P
ii: subject to section 14S 1987 No 129 s 43
14S: Contributions to superannuation schemes
Nothing in section 14R(b)(ii)
a: entitles an employee to have any period counted as service for the purposes of a superannuation scheme if the employee is required to pay contributions in respect of that period and has not done so; or
b: relieves an employee from any obligation under a superannuation scheme to pay contributions in respect of any period during which the employee is on leave under Part 2 or Part 3 Part 2 or Part 3 1987 No 129 s 44
14T: Early ending of leave under
Part 2 or Part 3
1: Subject to subsection (2) Part 2 or Part 3
a: if the employee's position is being kept open by the employer, choose, if the employer consents, to end the leave under Part 2 or Part 3 Part 2 or Part 3
b: in any other case, choose, if the employer consents, to end the leave under Part 2 or Part 3
2: Where an employee wishes,—
a: pursuant to subsection (1)(a) Part 2 or Part 3
b: pursuant to subsection (1)(b) Part 2 or Part 3 the employee must give to the employer not less than 21 days' notice in writing of the date on which the employee wishes to return to work or begin the period of preference, as the case may be. 1987 No 129 ss 39(2), 45(1)(e)
14U: Extension of leave under
Part 2 or Part 3
1: Subject to subsection (2) Part 2 or Part 3 section 39 or section 40 of the Defence Act 1990 Part 2 or Part 3 Part 2 or Part 3
2: Without limiting the right of an employee to take a period of leave other than leave under Part 3 subsection (1) Part 3 1987 No 129 s 45(3), (4)
14V: Failure to return to work
If an employee who takes up leave under Part 2 or Part 3
a: fails, without good cause, to return to work at the end of the period of leave; or
b: informs the employer, before the end of the period of leave, that the employee has decided not to return to work at the end of the period of leave,— the employee's employment is, subject to any agreement between the employer and the employee, to be deemed to have been at an end as from the day on which the period of leave began. 1987 No 129 s 46
14W: Failure to accept employment
If an employee who has taken leave under Part 2 or Part 3 Part 2 or Part 3 Part 2 or Part 3 Part 2 or Part 3 1987 No 129 s 47
14X: Employees employed to replace employees on leave under
Part 2 or Part 3 Where a temporary employee is employed to replace an employee who is on leave under Part 2 or Part 3
a: that the temporary employee is being employed on a temporary basis in the place of an employee who is on leave under Part 2 or Part 3
b: that the employee may return to work, in accordance with section 14T Part 2 or Part 3 1987 No 129 s 48
5: Protection of employment
14Y: Termination of employment and discrimination prohibited
1: No employer may terminate the employment of any employee, or discriminate against any employee in relation to his or her employment, on the grounds that—
a: the employee has indicated that the employee wishes to take volunteers leave; or
b: the employee is, or has been, a member of the territorial forces or the reserve forces; or
c: the employee, being a member of the territorial forces or the reserve forces, is entitled, or may become entitled, to take volunteers leave; or
d: the employee is on volunteers leave; or
e: the employee has taken volunteers leave.
2: It is not a contravention of subsection (1)
a: for a substantial reason not related to the employee's rights under this Act; or
b: with the employee's consent. 1987 No 129 ss 49, 54(c); Defence Reserve Service (Protection) Act 2001 (Commonwealth of Australia) s 16(1)(c), (2)
14Z: Special defences relating to termination of employment
Where—
a: it is alleged in any proceedings under this Act that an employer has, in contravention of section 14Y(1)
b: it is proved in those proceedings that the employer terminated the employee's employment either—
i: during the employee's absence on volunteers leave; or
ii: during the period of 26 weeks beginning with the day on which any period of the employee's volunteers leave ended,— the defences set out in sections 14ZA and 14ZB 1987 No 129 s 50
14ZA: Special defences relating to termination of employment during volunteers leave
Where the termination of an employee's employment is proved to have taken place during the employee's absence on volunteers leave, it is a defence for the employer to prove—
a: that, on the ground of the occurrence of a redundancy situation that occurred in the employer's business after the employer gave the employee notice in terms of section 14E(1)(c)(i) or section 14L(1)(c)(i)
b: that the employer terminated the employee's employment on account of a redundancy situation of such nature that there was no prospect of the employer being able to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's volunteers leave; and
c: that the employer had not, in the period commencing with the beginning of the employee's volunteers leave and ending with the termination of the employee's employment, prejudicially affected either the employee's seniority or the employee's superannuation rights. 1987 No 129 s 51
14ZB: Special defence relating to termination of employment during 26 weeks following volunteers leave
Where the termination of an employee's employment is proved to have taken place during the period of 26 weeks beginning with the day after the date on which any period of the employee's volunteers leave ended, it is a defence for the employer to prove—
a: the matters specified in paragraphs (b) and (c) of section 14ZA
b: that, during the period between the end of the period of the employee's volunteers leave and the termination of the employee's employment, the employer had (despite being prepared to accord the employee preference over other applicants) been unable to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's period of volunteers leave. 1987 No 129 s 52
14ZC: Redundancy payments not affected
Nothing in this Act affects any redundancy payment payable pursuant to the provisions of any Act or of any order or employment agreement. 1987 No 129 s 53
14ZD: Discrimination
1: For the purposes of section 14Y(1) section 14Y(1)
a: refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or
b: subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment.
2: For the purposes of this section, detriment
a: includes anything that has a detrimental effect on the employee's employment, job performance, or job satisfaction; but
b: does not include termination of the employee's employment. 2000 No 24 s 104(l)(b),(2); Defence Reserve Service (Protection) Act 2001(Commonwealth of Australia) s 16(1)(a),(b),(2)
6: Remedies available to employees
14ZE: Interim order
1: Where any employee alleges that the employee's employer has, within the preceding 2 months and in contravention of section 14Y(l)
2: Subject to subsection (3) subsection (1)
3: An interim order made under subsection (1) sections 14ZG to 14ZL
4: An officer of the Employment Relations Authority must send a copy of the interim order and of every decision renewing the interim order to the employer by registered letter. 1987 No 129 s 55
14ZF: Volunteers leave complaints
1: Where any employee alleges that the employee's employer—
a: is not justified in stating, in the notice given to the employee under section 14E or section 14L
b: has, in contravention of section 14Y(1)
c: has taken other action, or has omitted to do something, that affects, to the employee's disadvantage, the employee's rights and benefits in respect of volunteers leave; or
d: has, in contravention of section 14Y(l) that allegation is a volunteers leave complaint to which this section applies, and the employee may use, in respect of that volunteers leave complaint, the procedures provided in sections 14ZG to 14ZL
2: A volunteers leave complaint to which this section applies may not be made—
a: after the expiration of 26 weeks from the date on which the subject matter of the complaint arose; or
b: after the expiration of 8 weeks from the expiry of any period of volunteers leave taken by the employee,—whichever is the later.
3: The procedures provided in sections 14ZG to 14ZL section 14ZE
4: A volunteers leave complaint to which this section applies is not a personal grievance within the meaning of the Employment Relations Act 2000 1987 No 129 s 56
14ZG: Procedures for settlement of volunteers leave complaints
1: The procedures for the settlement of a volunteers leave complaint must be in accordance with this section and sections 14ZH to 14ZL
2: As soon as practicable after a volunteers leave complaint arises, the employee must submit the complaint to the employee's immediate supervisor, affording the immediate supervisor an opportunity to remedy the cause of the complaint, the intent being that it is desirable, if the circumstances permit it, to settle the complaint rapidly and as near as possible to the point of origin.
3: Where any such attempt at settlement has failed, or where the complaint is of such a nature that a direct discussion between the employee and the employee's immediate supervisor would be inappropriate, the employee must either—
a: notify a duly authorised representative of any union to which the employee belongs or could belong; or
b: where the employee elects to act on his or her own behalf or to appoint an agent or barrister or solicitor to act on his or her behalf, forthwith take the matter up, or arrange for that agent or barrister or solicitor, as the case may be, to take the matter up on his or her behalf, with the employer or the representative of the employer.
4: Where the person notified under subsection (3)(a)
5: If the matter is not disposed of in discussion with the employer or the representative of the employer, the complaint must be reduced to writing in a statement setting out the facts relied on. The statement establishes the nature of the employee's complaint, and of the issues, for all subsequent consideration of the case. 1987 No 129 s 57
14ZH: Power to refer complaint to Employment Relations Authority
1: Where a volunteers leave complaint is not disposed of between the parties, it may be referred to the Employment Relations Authority.
2: The Employment Relations Authority must, subject to any decision to provide mediation services, proceed to hear and determine the complaint and, in doing so, must consider—
a: the written statement of the complaint required by section 14ZG(5)
b: any evidence or submissions given by or on behalf of the parties; and
c: such other matters as the Employment Relations Authority thinks fit. 1987 No 129 s 58
14ZI: Role of institutions
Where any volunteers leave complaint comes before the Employment Relations Authority, sections 177 to 184 of the Employment Relations Act 2000 sections 214 and 215 of that Act 1987 No 129 s 59
14ZJ: Duty to promote settlement
It is the duty of every party to a volunteers leave complaint—
a: to promote the settlement of the complaint under the procedures provided in sections 14ZH to 14ZL
b: to abstain from any action that might impede the effective functioning of the procedures. 1987 No 129 s 64
14ZK: Remedies
Where a volunteers leave complaint comes before the Employment Relations Authority, any determination of the Employment Relations Authority on that complaint may, if it includes a finding that any of the provisions of this Act have been breached by the employer, provide for any one or more of the following:
a: the reinstatement of the employee in the employee's former position or in a position that is not less advantageous to the employee:
b: the reimbursement to the employee of a sum equal to the whole or any part of any wages lost by the employee:
c: the payment to the employee of compensation by the employer. 1987 No 129 s 65
14ZL: Reinstatement
Where the remedy of reinstatement is provided by the Employment Relations Authority or the Employment Court, the employee must be reinstated immediately or on such date as is specified by the Employment Relations Authority or the Employment Court and, despite any appeal against the determination of the Employment Relations Authority or the Employment Court, the provisions for reinstatement remain in full force pending the determination of the appeal. 1987 No 129 s 66
14ZM: Non-compliance with formal requirements
1: An employer must not unreasonably refuse to allow an employee to exercise any rights and benefits in respect of volunteers leave that the employee would be entitled to exercise but for an irregularity.
2: In this section, irregularity
a: omitting to do something required by or under this Act or under the alternative provision under which the leave is taken; or
b: doing something required by or under this Act or the alternative provision under which the leave is taken before or after the time when it is required to be done; or
c: otherwise doing anything irregularly in matter of form.
3: An employee or an employer, or any person acting on behalf of an employee or employer, may apply to the Employment Relations Authority or the Employment Court for relief in respect of an irregularity.
4: The Employment Relations Authority or the Employment Court must grant relief to an employee in respect of a failure to comply with the notice requirements of this Act or of the alternative provision under which the leave is taken if satisfied that—
a: the employee's failure to comply with the notice requirements was in good faith; and
b: the extent to which the employee did or did not comply with the notice requirements was reasonable in all of the circumstances of the case.
5: The Employment Relations Authority or the Employment Court may grant relief in respect of any other irregularity if it thinks it is reasonable to do so, having regard to the nature of the irregularity, the good faith or otherwise of the parties, and any other matters it thinks proper.
6: The Employment Relations Authority or the Employment Court may grant relief—
a: by amending or waiving the irregularity, extending the time within which anything is to be or may be done, confirming the right of the employee to exercise rights and benefits in respect of volunteers leave, or granting any other relief that is reasonable:
b: subject to such terms, if any, as the Employment Court, in the circumstances of each case, thinks fit. 1987 No 129 s 68
14ZN: Enforcement of judgments
1: A certificate signed by an officer of the Employment Relations Authority or the Registrar of the Employment Court specifying the amount payable under any order for the payment of money made under this Act by the Employment Relations Authority or the Employment Court, and the persons by whom and to whom it is payable, may be filed in any District Court, and, subject to subsection (2)
2: No proceedings may be taken under the Imprisonment for Debt Limitation Act 1908 1987 No 129 s 70
14ZO: Role of Labour Inspectors
1: A Labour Inspector may,—
a: in relation to an employee's entitlement to leave under section 14B section 39 or section 40 of the Defence Act 1990
b: in relation to an employee's eligibility for leave under Part 3 section 14ZP
c: serve a demand notice as provided in section 14ZQ
d: otherwise enforce the rights and benefits in respect of volunteers leave.
2: A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the employee and the employer.
3: The consequences of a determination are that it is prima facie evidence of the matter determined. 1987 No 129 s 70A
14ZP: Eligibility criteria based on average hours of work and allowing for periods of authorised leave
1: An employee is treated as being in the employment of the same employer for at least an average of 10 hours a week during a 12-month period if the employee is in the employment of that employer—
a: no less than an average of 10 hours a week during that period; and
b: either no less than 1 hour in every week during that period or no less than 40 hours in every month during that period.
2: An employee is treated as being in the employment of an employer for an hour, despite being absent from work, if the employee would normally have been at work for that employer for that hour but is—
a: absent on leave with pay for that hour; or
b: on leave without pay (other than volunteers leave) with the employer's agreement for that hour; or
c: entitled to a payment of weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001
d: on parental leave (within the meaning of the Parental Leave and Employment Protection Act 1987
e: absent because of any other circumstances that are considered by a Labour Inspector not to disrupt the normal pattern of the employee's employment.
3: The hours that the employee would normally have been at work must be calculated—
a: in accordance with the terms of the employee's employment; or
b: by reference to the employee's hours of work before any period of leave without pay began, in the case of a period of leave without pay that started longer than 12 months ago.
4: Week 1987 No 129 s 72A
14ZQ: Demand notice
1: A Labour Inspector may serve on an employer a demand notice, in the prescribed form, if—
a: either—
i: an employee makes a complaint to the Labour Inspector that an employer has denied the employee's entitlement to take volunteers leave in a case where the Labour Inspector has previously made a determination that the employee is entitled to take leave; or
ii: the Labour Inspector believes on reasonable grounds that an employer has denied the employee's entitlement to take volunteers leave; and
b: the Labour Inspector has given the employer not less than 7 days to comment on the complaint or the grounds for the Labour Inspector's belief; and
c: the Labour Inspector, after considering any comments made by the employer under paragraph (b)
d: the Labour Inspector is satisfied that the employer is not prepared to acknowledge the employee's entitlement to volunteers leave in a reasonable manner or within a reasonable time.
2: A demand notice must be served—
a: by giving it to the employer concerned; or
b: if the employer does not accept the demand notice, by leaving it in the employer's presence and drawing the employer's attention to it. 1987 No 129 s 70B
14ZR: Objections to determination or demand notice
1: An employer or an employee may lodge with the Employment Relations Authority an objection to a determination or a demand notice.
2: An objection must be lodged with the Authority within 28 days after the determination or demand notice is served on the employer or employee who makes the objection.
3: A demand notice has the consequences specified in section 14ZS
a: if no objection is lodged before the close of the period specified in subsection (2)
b: if any objection lodged before the close of the period specified in subsection (2) 1987 No 129 s 70C
14ZS: Consequences of demand notice
The consequences of a demand notice are that it—
a: imposes a legal requirement on the employer to comply with it; and
b: is prima facie evidence that the employee has the entitlement specified in the notice; and
c: may be enforced by the making by the Employment Relations Authority of a compliance order under section 137 of the Employment Relations Act 2000 1987 No 129 s 70D
14ZT: Authority to determine entitlement to volunteers leave on objection
The function of the Employment Relations Authority in respect of an objection is to determine whether or not the employee has the entitlement specified in the determination or demand notice. 1987 No 129 s 70E
14ZU: Withdrawal of demand notice
A demand notice may be withdrawn at any time by a Labour Inspector, but the withdrawal of a demand notice does not prevent another demand notice being served in relation to the same matter. 1987 No 129 s 70F
14ZV: Procedures available to State employees
Nothing in this Act limits the procedures by which State employees may enforce their conditions of employment and those procedures may be used, where appropriate, to enforce the rights conferred on State employees by this Act. 1987 No 129 s 71
7: Miscellaneous provisions
14ZW: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms for the purposes of this Act:
b: prescribing procedures and practices for the implementation of this Act:
c: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
14ZX: Compensation for employers
1: Regulations made under section 14ZW Part 3
2: The amount of the compensation that is payable to an employer, in respect of any one employee, is to be, in respect of the period during which the employee is on leave, an amount equal to the amount of the wages that the employer would be required to pay to that employee if that employee
a: were a member of the class of workers entitled to the highest rates of minimum wages payable under the Minimum Wage Act 1983
b: were continuing to work for the employer in that period; and
c: were paid, for the work that the employee would usually perform in that period for the employer and for the days or hours or both during which that work would usually be performed in that period by the employee for the employer, wages at the rates applicable to the employee's work under the Minimum Wage Act 1983
3: Compensation is not to be payable in respect of any period of leave that is 28 days or less.
13: Priority in bankruptcy or winding up of compensation ordered to be paid by employer
Section 15
a: by omitting the words to be paid under section 6 of this Act under section 14ZK of this Act
b: by inserting, after the words judgment for reimbursement or
14: New
Schedule 2 The principal Act is amended by adding the Schedule 2 set out in Schedule 2
15: Consequential amendments
The Acts specified in Schedule 3
16: Repeals
The enactments specified in Schedule 4


Defence Amendment Act 2004

1: Title
1: This Act is the Defence Amendment Act 2004.
2: In this Act, the Defence Act 1990 the principal Act
2: Commencement
This Act comes into force on 1 April 2004.
3: Purpose
The purpose of this Act is to amend the principal Act—
a: to provide for protection under the Volunteers Employment Protection Act 1973
i: who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 section 39(2) 40(2) Defence Act 1990
ii: who were, at the time of the making of the Proclamation, employed by an employer:
b: to improve the protection that is provided under this Act and the Volunteers Employment Protection Act 1973
i: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, are, as a consequence of a Proclamation made under section 39(3) 40(3) Defence Act 1990
ii: who were, at the time of the making of the Proclamation, employed by an employer:
c: to authorise the Governor-General to make in the national interest an Order in Council that will enable any member of the territorial forces or the reserve forces and any other person to receive protection under the Volunteers Employment Protection Act 1973 section 50 Defence Act 1990
d: to require the Minister to appoint a Territorial Forces Employer Support Council.
4: New
section 42
1: The principal Act is amended by repealing section 42
42: Protection of employment when Proclamation made
Part 2 of the Volunteers Employment Protection Act 1973
a: every employee—
i: who is a member of the territorial forces or the reserve forces; and
ii: who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 section 39(2) or section 40(2) of this Act
iii: who was, at the time of the making of the Proclamation, employed by an employer:
b: every employee—
i: who is a member of the territorial forces or the reserve forces; and
ii: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, is, as a consequence of a Proclamation made under section 39(3) or section 40(3) of this Act
iii: who was, at the time of the making of the Proclamation, employed by an employer.
2: Section 6 Defence Amendment Act 1997
5: Special service
Section 50
3: The Governor-General may, from time to time, by writing under the Governor-General's hand, delegate to the Chief of Defence Force the power that the Governor-General has, under subsection (1)
4: Section 30(4) to (9) subsection (3)
6: New
sections 50A 50B The principal Act is amended by inserting, after section 50
50A: Power to declare situation of national interest in relation to special service
The Governor-General may from time to time, by Order in Council published in the Gazette section 50 Volunteers Employment Protection Act 1973
a: who undertakes special service under section 50
b: whose obligation to undertake that service under section 50 section 50
c: who was, at the time of the making of the order, employed by an employer.
50B: Protection of employment when situation of national interest declared
Part 3 of the Volunteers Employment Protection Act 1973
a: every employee—
i: who is a member of the territorial forces or the reserve forces or other person; and
ii: who undertakes special service under section 50 of this Act
iii: whose obligation to undertake that service under section 50 of this Act section 50A of this Act section 50 of this Act
b: who was, at the beginning of the period specified in the order made under section 50A of this Act
7: New
section 91A The principal Act is amended by inserting, after section 91
91A: Territorial Forces Employer Support Council
1: The Minister must appoint a council to be called the Territorial Forces Employer Support Council.
2: The Council has—
a: the role of promoting service in the territorial forces; and
b: the duty of advising the Minister on such matters in relation to the territorial forces as are referred to the Council by the Minister; and
c: such other functions as are from time to time determined by the Minister.
3: The Council is a statutory Board for the purposes of the Fees and Travelling Allowances Act 1951
4: There may be paid out of public money to the members of the Council remuneration by way of fees, salaries, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
5: Subject to the provisions of this Act and of any regulations made under this Act, the Council may regulate its own procedure.