1: Title
This Act is the Compensation for Live Organ Donors Act 2016.
2: Commencement
1: This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: the first anniversary of the date on which this Act receives the Royal assent.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to remove a financial deterrent to the donation of organs by live donors.
4: Interpretation
In this Act, unless the context otherwise requires,— application date
a: means the date on which an application under Part 3
b: for the purposes of Schedule 2 section 18(2) approved overseas organ exchange programme Schedule 5 collect Director-General donor surgery earnings section 5 employment
a: means work engaged in or carried out for the purposes of pecuniary gain or profit; and
b: in relation to an employee, includes a period of paid leave, other than paid leave on the termination of employment foreign-sourced amount section YA 1 health practitioner section 5(1) medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand as a practitioner of the profession of medicine; and
b: holds a practising certificate number of weeks
a: the number of full weeks plus any part week (expressed as a portion of a week), if the period is 1 week or more; and
b: a part week (expressed as a portion of a week), if the period is less than 1 week payment period section 10 12 practising certificate section 5(1) qualifying donor section 9 qualifying organ
a: kidney:
b: liver:
c: any other type of human organ declared by regulations to be a qualifying organ reduced hours usual hours
a: the donor’s hours of employment per week as specified in the donor’s employment agreement; or
b: if paragraph (a) does not apply to the donor, or the donor is a shareholder employee or is self-employed, the most common number of hours that the donor works each week as assessed over the 12-week period immediately before the application date. Section 4 approved overseas organ exchange programme inserted 17 November 2019 section 4 Organ Donors and Related Matters Act 2019 Section 4 reduced hours inserted 17 November 2019 section 4 Organ Donors and Related Matters Act 2019 Section 4 usual hours inserted 17 November 2019 section 4 Organ Donors and Related Matters Act 2019
5: Meaning of earnings
In this Act, earnings section 6(1)
a: for the purpose of defining the term, sections 9 to 15
b: the term includes a foreign-sourced amount that the Director-General is satisfied would be earnings if it were treated as having a source in New Zealand under section YD 4
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Earnings compensation and protection of benefits during recuperation
8: Outline of Part
1: This Part is divided into 2 subparts.
2: Subpart 1
a: sets out the criteria that the prospective donor of a qualifying organ must meet in order to be a qualifying donor; and
b: gives qualifying donors an entitlement to compensation for earnings forgone while they recuperate from their donor surgery; and
c: gives the Director-General a discretion, in limited circumstances, to compensate qualifying donors for earnings forgone in the lead-up to their donor surgery.
3: Subpart 2 Social Security Act 2018
4: This section is intended only as a guide to the general scheme and effect of this Part. Section 8(3) amended 26 November 2018 section 459 Social Security Act 2018
1: Earnings compensation for qualifying donors: entitlement and discretionary earnings compensation
9: Who are qualifying donors
1: A person is a qualifying donor in relation to a donor surgery if, on application under Part 3
a: the person will forgo earnings as a result of taking unpaid leave or otherwise ceasing employment to allow for his or her recuperation from the surgery; and
b: both the donor surgery and the surgery to implant the organ will be carried out in New Zealand; and
c: the recipient of the organ is eligible to receive services funded under the Pae Ora (Healthy Futures) Act 2022
d: the organ will be collected, implanted, and dealt with lawfully.
2: For the purposes of subsection (1)(d), the Director-General may assume the organ will be collected, implanted, and dealt with lawfully in the absence of information to the contrary.
3: The criteria in subsection (1)(b) and (c) do not apply if the person—
a: has donor surgery as part of an approved overseas organ exchange programme; and
b: complies with any conditions specified in Schedule 5 Section 9(1)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 9(3) inserted 17 November 2019 section 5 Organ Donors and Related Matters Act 2019 Entitlement to earnings compensation while recuperating
10: Qualifying donors entitled to earnings compensation for up to 12 weeks while recuperating
1: The Director-General must pay a qualifying donor earnings compensation for a period that starts on the date of the donor surgery and ends immediately before the earlier of—
a: the end date set by the Director-General; and
b: the date that the donor returns to employment, or, if the donor returns to employment on reduced hours, the date that the donor resumes employment on usual hours
2: The Director-General—
a: must set as the end date the date on which the Director-General considers the donor will have recuperated sufficiently to safely return to his or her employment; and
b: may, on request or on his or her own initiative, extend the end date if the Director-General considers the donor needs more time to recuperate.
3: However, an end date set or extended under subsection (2) must be no later than 12 weeks after the date of the donor surgery.
4: The Director-General may—
a: set or extend an end date at any time before the end of 12 weeks after the date of the donor surgery (but see section 20(2)(b)(i)
b: rely on the certificate of a medical practitioner when setting or extending an end date.
5: Subsection (6) applies if, within the 12 weeks after the date of the donor surgery, the donor—
a: returns to employment on usual hours; and
b: is subsequently unable to continue working those hours because of the effects of the surgery; and
c: continues to work, but on reduced hours.
6: If this subsection applies, the Director-General must pay a qualifying donor earnings compensation for the period that the donor worked reduced hours within the 12 weeks after the date of the donor surgery. Section 10(1)(b) amended 17 November 2019 section 6(1) Organ Donors and Related Matters Act 2019 Section 10(5) inserted 17 November 2019 section 6(2) Organ Donors and Related Matters Act 2019 Section 10(6) inserted 17 November 2019 section 6(2) Organ Donors and Related Matters Act 2019
11: Rate and payment of entitlement
For earnings compensation payable under section 10
a: set the rate of compensation in accordance with Schedule 2
b: make the payments in arrears on a weekly, fortnightly, monthly, or other regular basis determined by the Director-General. Discretionary earnings compensation for periods before donation
12: Qualifying donors may receive discretionary earnings compensation in limited circumstances
1: The Director-General may, on application under Part 3
a: the donor will forgo earnings during that period in order to undertake 1 or more activities in preparation for the surgery; and
b: the donor would not reasonably be able to undertake the activities without taking leave from employment for that period; and
c: the donor would not undertake the activities unless earnings compensation were paid; and
d: the activities are medically necessary if the surgery is to be carried out.
2: The Director-General may rely on the certificate of a medical practitioner when deciding whether an activity is medically necessary for the purposes of subsection (1)(d).
13: Rate and payment of discretionary earnings compensation
For earnings compensation payable under section 12
a: set the rate of compensation in accordance with Schedule 2
b: make the payment no later than 30 days after the end of the payment period.
2: Exemptions under
Social Security Act 2018 Subpart 2 heading amended 26 November 2018 section 459 Social Security Act 2018
14: Donors of qualifying organs exempt from certain obligations under
Social Security Act 2018
1: This section applies to a person (whether or not a qualifying donor) who—
a: has donor surgery; and
b: is a beneficiary who is subject to work-preparation obligations, work-test obligations, or obligations under section 162 164 166 167
2: The person must be treated as having an exemption from the obligations under section 158 MSD
3: MSD MSD
4: Sections 158(2), (3), and (4) 160
5: In this section, beneficiary MSD work-preparation obligations work-test obligations Schedule 2 Section 14 heading amended 26 November 2018 section 459 Social Security Act 2018 Section 14(1)(b) amended 26 November 2018 section 459 Social Security Act 2018 Section 14(2) amended 26 November 2018 section 459 Social Security Act 2018 Section 14(3) amended 26 November 2018 section 459 Social Security Act 2018 Section 14(4) amended 26 November 2018 section 459 Social Security Act 2018 Section 14(5) replaced 26 November 2018 section 459 Social Security Act 2018
15: Appeal to medical board
A person to whom section 14 section 411 Section 15 amended 26 November 2018 section 459 Social Security Act 2018
3: Administration and other matters
Applications
16: Applications to be qualifying donor or for discretionary earnings compensation
1: A person must apply to the Director-General in writing if the person wishes to—
a: be a qualifying donor; or
b: receive discretionary earnings compensation.
2: An application to be a qualifying donor must be made at least 60 days before the date scheduled for the donor surgery.
3: However, the Director-General may accept an application made after that deadline if the Director-General considers there is sufficient time to decide the application before the scheduled date.
17: Decisions on applications
1: As soon as practicable after receiving an application and any information provided under section 19
a: approve the application and set the rate of earnings compensation payable; or
b: decline the application if,—
i: for an application to be a qualifying donor, the Director-General is not satisfied that all of the applicable criteria in section 9
ii: for an application for discretionary earnings compensation, the Director-General is not satisfied that all of the conditions set out in section 12(1)
iii: for either kind of application,—
A: the Director-General is not satisfied that the information provided for use in setting the rate of earnings compensation is accurate; or
B: section 19(2)(a)
2: If the related donor surgery has not occurred, a decision to approve an application to be a qualifying donor expires—
a: 3 months after the date on which the applicant receives notice of the decision; or
b: on a later date notified in writing to the applicant by the Director-General. Section 17(1)(b)(i) amended 17 November 2019 section 7 Organ Donors and Related Matters Act 2019
18: When Director-General may revoke or revise decisions
1: Before the start of a payment period, the Director-General may do 1 or more of the following:
a: revoke a decision to approve an application if,—
i: for an application to be a qualifying donor, the Director-General considers that 1 or more of the applicable criteria in section 9
ii: for an application for discretionary earnings compensation, the Director-General considers that 1 or more of the conditions set out in section 12(1)
b: revise a decision on the rate of an applicant’s earnings compensation by substituting a new rate, if the Director-General considers that—
i: the rate originally set is significantly different from the rate at which the applicant will actually forgo earnings during the payment period; and
ii: the difference is due to a change in the applicant’s circumstances since the application date:
c: revise any decision regarding an application by substituting a new decision, if the Director-General considers the decision was made in error.
2: For a revision under subsection (1)(b), the Director-General must set the new rate of earnings compensation using, where the application date is referred to in Schedule 2
a: that is more recent than the application date; and
b: that the Director-General considers is appropriate.
3: Before revoking or revising a decision, the Director-General must notify the applicant in writing of the proposed revocation or revision.
4: A revocation or a revision is a fresh decision. Section 18(1)(a)(i) amended 17 November 2019 section 8 Organ Donors and Related Matters Act 2019
19: Applicants must provide information requested by Director-General
1: An applicant must provide the Director-General with any information that the Director-General requests in writing for the purpose of assisting him or her to—
a: decide the application; or
b: decide whether to revoke or revise a decision under section 18
2: If the applicant does not provide the information within a reasonable time notified in writing by the Director-General, the Director-General may—
a: decline the application, if the information was requested under subsection (1)(a); or
b: revoke or revise the decision on the basis of the information available to the Director-General, if the information was requested under subsection (1)(b) and the Director-General considers that he or she has sufficient information to revoke or revise the decision.
20: Notice of decisions
1: The Director-General must give an applicant written notice of—
a: a decision on an application; and
b: the reasons for the decision if it is a decision to—
i: decline an application; or
ii: revoke or revise a decision.
2: If the Director-General approves an application, he or she must also give the applicant written notice of—
a: each decision relating to the setting of the donor’s rate of earnings compensation; and
b: as applicable,—
i: the end date of the payment period determined under section 10
ii: the payment period determined under section 12 Dispute resolution
21: Who may apply for review
An applicant under section 16
a: any decision made by the Director-General in relation to the application, including decisions relating to—
i: how the rate of earnings compensation is set; or
ii: the payment period; or
b: any delay in processing the application that the applicant believes is an unreasonable delay.
22: Contents of applications for review
An application for review must—
a: be written; and
b: identify each decision or delay in respect of which it is made; and
c: state the grounds on which it is made; and
d: state the relief sought (if known by the applicant).
23: Applicants have 30 days to apply for review against decision
1: An application for review under section 21(a)
2: However, the Director-General must accept an application made after the deadline if the Director-General failed to notify the applicant of the deadline.
24: Review process and right of appeal
An application for review must be resolved in accordance with Schedule 3
25: Effect of review or appeal on decisions
A decision that is the subject of an application for review or to another proceeding continues to be of full effect until—
a: the review or proceeding is resolved and all rights of appeal are exhausted; or
b: the applicant and the Director-General agree to vary the decision for the benefit of the applicant. Miscellaneous
26: Deemed receipt of notices
1: A person is to be treated as having received a notice sent by the Director-General—
a: on the date of transmission, if it is sent by email; or
b: at the time at which the notice would have been delivered in the ordinary course of post, if it is sent by post.
2: However, subsection (1) applies only if the notice is sent to the address for the person last known by the Director-General.
27: Recovery of overpayments
1: A sum paid under this Act is a debt due to the Director-General if the sum was—
a: paid to a person in excess of the amount to which the person is entitled under this Act; or
b: paid to a person who has no entitlement to the sum under this Act.
2: The Director-General may—
a: recover the debt by way of proceedings; or
b: deduct all or part of the debt from any amount payable to the person under this Act.
3: However, the Director-General may not recover the debt if the sum was paid as a result of an error not intentionally contributed to by the person, and the person—
a: received the payment in good faith; and
b: has altered his or her position in reliance on the validity of the payment in a way that would make it inequitable to require repayment.
28: ACC claims not affected
Except as provided by the Accident Compensation Act 2001
29: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health, make regulations declaring a type of human organ to be a qualifying organ for the purposes of this Act.
2: Before making a recommendation under subsection (1)
a: must have regard to—
i: the efficacy and safety of the procedures related to the collection and implantation of the organ; and
ii: the anticipated benefit to recipients of the organ; and
iii: the anticipated cost of providing earnings compensation to qualifying donors who donate the organ; and
b: may have regard to any other matter that the Minister considers relevant.
3: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health,—
a: approve an overseas organ exchange programme by including it in Schedule 5
b: specify in Schedule 5
c: remove an approved overseas organ exchange programme from Schedule 5
d: amend or remove any conditions specified in Schedule 5
e: make minor amendments to Schedule 5
4: Before recommending that an overseas organ exchange programme be approved under subsection (3)(a), the Minister must be satisfied, for each overseas country participating in the programme, that—
a: the programme has been agreed between a central government agency of the overseas country and the New Zealand Ministry of Health; and
b: the overseas country has ratified—
i: the United Nations Convention against Transnational Organized Crime; and
ii: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
5: Before recommending an amendment under subsection (3)(a), (b), or (c), the Minister must consult any person or organisation that the Minister considers has an interest in, or will be representative of the interests of people likely to be substantially affected by, the proposed amendment.
6: The following are secondary legislation ( see Part 3
a: regulations under subsection (1); and
b: an order under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29(2) amended 17 November 2019 section 9(1) Organ Donors and Related Matters Act 2019 Section 29(3) inserted 17 November 2019 section 9(2) Organ Donors and Related Matters Act 2019 Section 29(4) inserted 17 November 2019 section 9(2) Organ Donors and Related Matters Act 2019 Section 29(5) inserted 17 November 2019 section 9(2) Organ Donors and Related Matters Act 2019 Section 29(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Amendments
30: Amendments to other Acts
Amend the enactments specified in Schedule 4 2017-12-05 Accident Compensation Act 2001 Income Tax Act 2007 KiwiSaver Act 2006 May be brought into force earlier by OIC. See s 2.


1: Title
This Act is the Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016.
2: Commencement
This Act is deemed to have come into force on 14 November 2016.
1: Preliminary provisions
3: Interpretation
1: In this Act, unless the context otherwise requires,— earthquake-affected area
a: the districts and regions of the local authorities; and
b: the parts of the coastal marine area that are part of, or adjacent to, the districts and regions of the local authorities Hurunui/Kaikōura earthquakes earthquakes
a: means the earthquakes that occurred on 14 November 2016 in Hurunui and Kaikōura; and
b: includes any earthquake that occurs in, or significantly affects, the earthquake-affected area on or after 14 November 2016 local authority subpart 1
a: the Hurunui District Council, the Kaikoura District Council, the Marlborough District Council, the Wellington City Council, the Hutt City Council, the Canterbury Regional Council, and the Wellington Regional Council; and
b: a local authority specified for the purposes of this definition in an Order in Council made under section 23 Minister plan
a: has the meaning given in section 2
b: includes a proposed plan RMA Resource Management Act 1991
2: A term defined in the RMA
3: An example used in this Act is only illustrative of the provision to which it relates. It does not limit the provision.
4: If an example and a provision to which it relates are inconsistent, the provision prevails.
4: Act binds the Crown
This Act binds the Crown.
2: Modifications to application of RMA
1: Modification of emergency powers
5: Modified requirements for exercise of emergency powers under section 330 of RMA
1: This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a person, local authority, consent authority, network utility operator, or lifeline utility (or a person acting on their behalf) undertakes an activity in the earthquake-affected area under section 330
2: The time within which advice of the activity must be given under section 330A(1)
3: The time within which any application for a resource consent must be lodged under section 330A(2)
4: Section 330A(3)
6: Modified application of section 330(2) of RMA to local authority
1: This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a local authority or consent authority acting under section 330(2)
2: Section 330(3)
a: there is displayed in a prominent place on the land a notice that gives the date and purpose of entry and the contact details of a person who can provide further information; and
b: as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002
7: Modified requirements for exercise of emergency powers to which section 330B of RMA applies
1: This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a person (or a person acting on their behalf) undertakes an activity to which section 330B Civil Defence Emergency Management Act 2002
2: The time within which advice of the activity must be given under section 330B(2)
3: The time within which any application for a resource consent must be lodged under section 330B(3)
4: Section 330B(4) and (5)
8: Limitation on application of subpart
This subpart applies subject to the limitation set out in section 18
2: Emergency activities undertaken by certain rural landowners and occupiers
Subpart 2 repealed 31 July 2017 section 14(1)
9: Application of this subpart
Section 9 repealed 31 July 2017 section 14(1)
10: Owner or occupier of rural land may take emergency preventive or remedial actions
Section 10 repealed 31 July 2017 section 14(1)
11: Requirement for owner or occupier to give notice
Section 11 repealed 31 July 2017 section 14(1)
12: Duty to gather information, monitor, and keep records
Section 12 repealed 31 July 2017 section 14(1)
13: Enforcement proceedings
Section 13 repealed 31 July 2017 section 14(1)
14: Repeal of subpart and its effect
2017-07-31 Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016 Part 2 subpart 1 to be repealed (see s 14(1)). Section 14 repealed 31 July 2017
3: Rehabilitation of Kaikōura harbour
15: Interpretation
In this subpart, unless the context otherwise requires,— consent authority deemed controlled activity section 17 Kaikōura harbour harbour
a: the area of the sea (and adjacent foreshore) on the northern side of the Kaikōura Peninsula that falls more or less within the arc of a circle that has a radius of 0.6 nautical miles centred on the Ingles Bay wharf front lead light; and
b: the area of the sea (and adjacent foreshore) on the southern side of the Kaikōura Peninsula that falls more or less within the arc of a circle that has a radius of 0.6 nautical miles centred on the South Bay Boat Harbour green flashing aid to navigation rehabilitation work section 16
16: Meaning of rehabilitation work
1: In this subpart, rehabilitation work
2: The activities are as follows:
a: disturbing the foreshore or seabed within the harbour, including by dredging, excavating, drilling, tunnelling, or blasting:
b: removing foreshore or seabed from the harbour and dumping it in, on, or under—
i: foreshore within the Kaikōura district:
ii: land within the Kaikōura district:
c: erecting, reconstructing, repairing, altering, extending, removing, or demolishing a structure within the harbour:
d: using or storing machinery or hazardous material within the harbour or in, on, or under other areas of—
i: foreshore within the Kaikōura district:
ii: seabed within the Kaikōura district:
iii: land within the Kaikōura district:
e: an activity associated with an activity described in any of paragraphs (a) to (d), including—
i: the discharge of any thing associated with disturbing the foreshore or seabed; and
ii: the discharge of any thing associated with moving foreshore or seabed material and depositing it elsewhere.
3: In this section, Kaikōura district
17: Deeming of certain rehabilitation work to be controlled activity
1: This section applies to rehabilitation work that has any status other than that of a permitted activity under any of the following:
a: the district plan of the Kaikoura District Council:
b: a regional plan of the Canterbury Regional Council.
2: If the work is undertaken by or on behalf of an authorised person, the work is deemed—
a: to be a controlled activity; and
b: to satisfy the requirements of section 107(2)(a) to (c)
3: Despite sections 87A(2)(b) 104A(b) section 108
4: In this section, authorised person
a: the Kaikoura District Council:
b: the Canterbury Regional Council:
c: a person authorised by the Kaikoura District Council or the Canterbury Regional Council (or both).
18: Application of emergency powers to deemed controlled activity
The modifications to the RMA subpart 1
a: before the activity is undertaken, considers the environmental effects of the activity (including the effects on fish, marine mammals, and seabirds) and how the effects may be avoided, remedied, or mitigated; and
b: while the activity is being undertaken,—
i: monitors the environmental effects of the activity (including the effects on fish, marine mammals, and seabirds); and
ii: avoids, remedies, or mitigates those effects as far as is practicable. Example
A person authorised by the Canterbury Regional Council ( A When choosing the area of foreshore or land on which to dump the material, the Council must consider various things, including the sensitivity of the site (for example, whether it is a culturally significant site), the mechanics of dumping at that site (for example, whether at that site the spoil could be unstable or enter any waterway or water body) and whether the material is being dumped in the location on a temporary or permanent basis. While A is dumping the spoil, the Council must monitor, among other things, how it is affecting the site (for example, how much fine material is moving into the surrounding area) and take steps to minimise that effect.
19: Process for consent authority considering resource consent application for deemed controlled activity
1: As soon as practicable after an application for a deemed controlled activity is lodged with a consent authority, the consent authority—
a: must advise the persons specified in subsection (2) that an application has been lodged; and
b: must invite written comments from those persons; and
c: may, if the consent authority considers it appropriate, hold a meeting to allow those persons to orally present their comments.
2: The persons are—
a: Te Rūnanga o Ngāi Tahu and any relevant Papatipu Rūnanga identified by Te Rūnanga o Ngāi Tahu; and
b: the Kaikoura District Council; and
c: Te Korowai o Te Tai o Marokura, Kaikoura Coastal Marine Guardians Incorporated; and
d: Maritime New Zealand; and
e: the Minister of Conservation; and
f: the Minister for the Environment; and
g: the Minister of Defence; and
h: the Minister for Primary Industries; and
i: the Canterbury Regional Harbourmaster; and
j: the Canterbury Regional Council; and
k: the owners and occupiers of land directly adjacent to where the activity is being undertaken; and
l: any other person as the consent authority considers appropriate, including the public generally.
3: For the purposes of subsection (1), the consent authority must—
a: invite each person referred to in subsection (2) to make written comments on the application; and
b: give those persons 10 working days from the making of an invitation within which to make their comments to the consent authority; and
c: specify in the invitation the date by which written comments are to be received by the consent authority; and
d: if applicable, specify the date on which the consent authority will hold a meeting to hear the comments.
4: An invitation under this section is to be treated as a document to be served for the purposes of the RMA section 352
5: A person invited to make written comments under this section on an application—
a: may not appeal under the RMA
b: may not object under Part 14
6: To avoid doubt, a person who makes written comments to a consent authority under this section is not to be treated under the RMA
20: Application of RMA to resource consent application for deemed controlled activity
For the purposes of this subpart,—
a: an application for a deemed controlled activity must not be publicly notified or given limited notification; and
b: section 19 sections 95 to 99A
c: otherwise the application must be determined in accordance with Part 6
i: the consent authority need not have regard to the matters in section 104(1)(b)
ii: for the purposes of section 115 section 19
21: Summary of responses
1: Before a consent authority makes a decision on an application for a deemed controlled activity, the consent authority must—
a: consider the comments made on the application under section 19
b: prepare a summary of the comments (both written and oral, if applicable).
2: The summary, together with the consent authority’s response to the issues raised in the comments, must be made publicly available on an Internet site at the same time as, or before, the decision on the application is notified under the RMA
22: Enforcement proceedings
For the purposes of activities undertaken in reliance on this subpart, only a consent authority or a Minister of the Crown may take enforcement proceedings (including declaratory proceedings) under Part 12 section 16 17
3: Miscellaneous provisions
23: Order in Council may specify additional local authorities
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more additional local authorities for the purposes of the definition of local authority in section 3(1) section 9(1)
2: The Minister may make a recommendation only if he or she is satisfied that—
a: an earthquake has occurred in, or significantly affected, the earthquake-affected area after this Act is enacted; and
b: the district or region, or any part of the district or region, of the local authority is affected by the earthquake to the extent that it is necessary or desirable to apply the measures available under this Act to that area.
24: Application of Legislation Act 2012
1: An Order in Council made under section 23 Legislation Act 2012
2: An Order in Council made under section 23 Legislation Act 2012 section 41
25: Repeal of this Act
This Act is repealed on 1 April 2018, with the exception set out in section 14 2018-04-01 Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016


1: Title
This Act is the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016.
2: Commencement
This Act comes into force on 1 April 2017
3: Principal Act
This Act amends the Children, Young Persons, and Their Families Act 1989 principal Act 2017-04-01 Children, Young Persons, and Their Families Act 1989
4: Section 2 amended (Interpretation)
1: In section 2(1) young person young person
a: in Parts 2 to 3A, means a person of or over the age of 14 years but under the age of 18 years:
b: in Parts 4 and 5, means a person of or over the age of 14 years but under the age of 17 years:
c: in every other provision in this Act, means a person to whom the provision applies because he or she is or was a young person within the meaning of either paragraph (a) or (b)
d: in any provision in any other enactment that defines the term young person by reference to this section or the meaning in this Act,—
i: has the meaning given in paragraph (b)
A: a criminal investigation, the commission of an offence, or criminal proceedings; or
B: any process associated with a criminal investigation, the commission of an offence, or criminal proceedings; or
C: Parts 4 and 5 of this Act; or
ii: in any other case, has the meaning given in paragraph (a)
e: does not include a person who is or has been married or in a civil union
2: After section 2(1)
1A: In this Act, any reference to the chief executive includes a person who is a delegate of the chief executive or a subdelegate of that delegate irrespective of whether the provision in which the chief executive is referred to contains a reference to a delegate of the chief executive.
5: Section 2A replaced (Transitional and savings provisions relating to amendments to this Act)
Replace section 2A
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
6: Section 7 amended (Duties of chief executive)
1: In section 7(2) shall must
2: After section 7(2)(ba)
bb: ensure that services are available to children and young persons who are subject to any action or receiving any service under Parts 2 to 7 (with particular consideration to be given to the needs of those in care) that provide them with an opportunity and support to express their views about—
i: matters that are important to them in relation to that action or service; and
ii: the operation and effectiveness of processes and services under this Act, for the purpose of contributing to the improvement of these:
3: After section 7(2)(c)(ii)
iia: have regard to the views of children and young persons, including the views received by the services referred to in subsection (2)(bb)
4: After section 7(2)
3: The services referred to in subsection (2)(bb)
4: In this section, in care
a: placed or detained in the custody or care of the chief executive, a person, a body, or an organisation under this Act; or
b: remanded in the custody of the chief executive under section 173 or 174 of the Criminal Procedure Act 2011; or
c: detained in a residence under section 34A of the Corrections Act 2004.
7: New sections 7A to 7G inserted
After section 7
7A: Delegations made under section 41 of State Sector Act 1988 to social workers
1: A delegation made under section 41 of the State Sector Act 1988 by the chief executive of any of the functions or powers in the Act to a social worker is subject to this section.
2: Despite section 41(2) of that Act, a social worker may not subdelegate any functions or powers delegated to him or her.
3: Section 7F
7B: Delegations made under section 41 of State Sector Act 1988 to persons who are not social workers
A delegation made under section 41 of the State Sector Act 1988 by the chief executive of any of the functions or powers in the Act to a person who is not a social worker is subject to section 7D sections 7F and 7G
7C: Delegation of functions and powers conferred by court order or warrant
1: The chief executive may delegate his or her functions and powers under all or any of sections 39, 40, 122, 157, 181, 205, or 386 to a social worker or to any other person, even though those functions and powers are conferred by a court order or a warrant that is made or issued after the delegation is made.
2: The following apply to a delegation referred to in this section:
a: section 41 of the State Sector Act 1988, as if the delegation were made under that section; and
b: if the delegation is to a social worker, sections 7A and 7F
c: if the delegation is to a person who is not a social worker, sections 7B, 7D, 7F, and 7G
7D: Requirements for delegation to persons who are not social workers
1: This section applies to a delegation referred to in section 7B or 7C
2: Before making a delegation to a person who is not a social worker, the chief executive must be satisfied that, in addition to any relevant requirements of section 41 of the State Sector Act 1988 being met,—
a: the person is appropriately qualified to perform the function or exercise the power, taking into account the person’s training, experience, and interpersonal skills; and
b: if the person is outside the State services, the person will be bound by contractual obligations that are sufficient to support the appropriate exercise of the delegation.
3: The chief executive may make a delegation to a person who does not meet the requirement in subsection (2)(a)
a: who works under the management or supervision of the delegate; and
b: who is a social worker or meets the requirement in subsection (2)(a)
7E: Subdelegation of functions and powers by delegates who are not social workers
1: This section applies if a delegation referred to in section 7B or 7C
a: for the sole purpose of subdelegation ( see section 7D(3)
b: to whom the chief executive otherwise gives approval to subdelegate.
2: A subdelegation by the delegate of a function or power under section 41(2) of the State Sector Act 1988 is subject to subsection (3)
3: Before subdelegating any function or power to a person, the delegate must be satisfied that the person is a social worker or meets the requirement in section 7D(2)(a)
7F: Delegations and subdelegations to be publicly notified
1: The delegations referred to in sections 7A to 7C section 7E
2: The information required to be made available must include, in each case,—
a: a description of the delegate or subdelegate, although the description need not identify any particular individual to whom the delegation or subdelegation is made but may instead give other identifying particulars, for example, the name of the specified office to which the delegation or subdelegation is made; and
b: a description of the function or power that has been delegated or subdelegated; and
c: a reference to the provision in this Act that provides for the function or power that has been delegated or subdelegated.
3: A failure to notify a delegation or a subdelegation does not affect its validity.
7G: Immunity for delegates outside Public Service
Section 86 of the State Sector Act 1988 applies to a person outside the Public Service acting under a delegation referred to in section 7B or 7C
8: Section 11 replaced (Duty of court and counsel to encourage and assist child or young person to participate in proceedings)
Replace section 11
11: Child’s or young person’s participation and views
1: This section applies to the following proceedings and processes:
a: proceedings under this Act in a District Court, Family Court, or Youth Court (all being first instance courts) and proceedings in the High Court, Court of Appeal, or Supreme Court on an appeal (other than on a point of law only) against a decision, finding, or order under this Act of a first instance court:
b: the process for convening, and the proceedings of, a family group conference convened under this Act:
c: the preparation or review of a plan for a child or young person (a planning process
d: the taking of any other action or making of any other decision (any other process
2: In proceedings or a process to which this section applies,—
a: the child or young person must be encouraged and assisted to participate in the proceedings or process to the degree appropriate for his or her age and level of maturity unless, in the view of a person specified in subsection (3)
b: the child or young person must be given reasonable opportunities to freely express his or her views on matters affecting him or her; and
c: if a child or young person has difficulties in expressing his or her views or being understood (for example, because of his or her age or language, or because of a disability), support must be provided to assist him or her to express his or her views and to be understood; and
d: any views that the child or young person expresses (either directly or through a representative) must be taken into account.
3: The following persons must either perform the duties imposed by subsection (2)(a) to (c)
a: for proceedings before a court, the Judge or other person presiding and the barrister or solicitor representing the child or young person:
b: for the process for convening, and the proceedings of, a family group conference, the person responsible for convening the conference:
c: for a planning process, the person directed by the court to prepare or review the plan:
d: for any other process, the person responsible for taking the action or making the decision.
4: Despite anything to the contrary in this Act and subject to subsection (5) subsection (2)(c) subsection (1)
5: If the person responsible for a proceeding or process referred to in subsection (1)
6: This section is not limited by section 5(d) (which sets out a principle relating to ascertaining, considering, and giving weight to the wishes of the child or young person).
7: In this section, support
9: Schedule 1AA amended
1: Replace the Schedule 1AA
1AA: s 2A Transitional, savings, and related provisions
2: In Schedule 1AA, replace clauses 1 2 Parts 1 and 2 Schedule 1
10: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 2
11: Consequential amendments to other Acts
Amend the Acts specified in Schedule 3 2017-04-01 Crown Proceedings Act 1950 Search and Surveillance Act 2012 Vulnerable Children Act 2014


1: Title
This Act is the New Zealand Horticulture Export Authority Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the New Zealand Horticulture Export Authority Act 1987 principal Act 2016-12-13 New Zealand Horticulture Export Authority Act 1987
1: Substantive amendments
4: Section 2 amended (Interpretation)
1: In section 2 alternate chairperson section 13A(2) register section 42
2: In section 2 export samples exported only for marketing purposes and not for sale
3: In section 2 licence licence export licence
a: means a licence or provisional licence granted in respect of that product under section 36; and
b: includes any applicable tier of licence (as specified in the export marketing strategy for the product)
4: In section 2 processed by the addition or removal or extraction of any material part by the addition of anything material, or the removal or extraction of any material part
5: In section 2 processed
b: excludes—
i: the adding of sugar or another sweetener to the product; and
ii: the rendering into a chilled, frozen, concentrated, or pureed state of the genus Fragaria Rubus Vaccinium Ribes
6: In section 2 product organisms ; or
5: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
6: New cross-heading above section 6 inserted
After section 5 Functions and powers of Authority
7: New section 8A inserted (Public Bodies Contracts Act 1959 applies to Authority)
After section 8
8A: Public Bodies Contracts Act 1959 applies to Authority
The Authority is a public body for the purposes of the Public Bodies Contracts Act 1959.
8: Section 10 replaced (Membership)
Replace section 10 Members, meetings, officers, and employees
10: Membership
1: The Authority consists of the following members, who are each appointed by the Minister:
a: a chairperson, who must not be a member or an office holder of—
i: Horticulture New Zealand Incorporated; or
ii: The Horticultural Exporters Council Incorporated:
b: 2 members nominated by Horticulture New Zealand Incorporated:
c: 1 member nominated by The Horticultural Exporters Council Incorporated:
d: 1 other member.
2: The Minister may appoint a person as a member of the Authority only if the Minister is satisfied that the person has a knowledge of, or experience in, marketing or international trade.
9: Section 13 amended (Deputies of members)
After section 13(3)
4: Subsection (1) is subject to section 13A
10: New section 13A inserted (Alternate chairperson)
After section 13
13A: Alternate chairperson
1: The alternate chairperson may perform the duties and exercise the powers of the chairperson in relation to a matter.
2: The alternate chairperson is—
a: the chairperson’s deputy appointed under sections 13 and 10
b: the member appointed under section 10(1)(d)
c: a member appointed by the remaining members of the Authority if the chairperson, the chairperson’s deputy, and the member appointed under section 10(1)(d)
3: In this section,— interested section 23AA matter section 23 remaining members of the Authority section 10(1)(d) unavailable section 23
11: Section 14 amended (Meetings of Authority)
Replace section 14(4)
4: The chairperson must preside at all meetings of the Authority at which the chairperson is present. If the chairperson is absent, the alternate chairperson must preside (for the purpose of identifying the alternate chairperson, the term unavailable in section 13A(3)
12: Section 20 replaced (Remuneration and travelling allowances)
Replace section 20
20: Remuneration and allowances
1: Members of the Authority (and persons appointed to committees established by the Authority) are entitled, in accordance with the fees framework,—
a: to receive remuneration from the funds of the Authority for their services at a rate and of a kind determined by the Minister; and
b: to be reimbursed from the funds of the Authority for actual and reasonable travelling and other expenses incurred in providing their services.
2: In this section, fees framework section 10(1) of the Crown Entities Act 2004
13: Section 23 replaced (Contracts of Authority and members)
Replace section 23 Conflicts of interest
23: Meaning of terms used in sections 23AA to 23AC
In sections 23AA to 23AC matter
a: the Authority’s performance of its functions or exercise of its powers:
b: an arrangement, agreement, or contract made or entered into, or proposed to be entered into, by the Authority member unavailable
23AA: Interests that must be disclosed
1: A member is interested sections 23AB and 23AC
a: may derive a financial benefit from the matter; or
b: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
c: may have a financial interest in a person to whom the matter relates; or
d: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
e: is otherwise directly or indirectly interested in the matter.
2: However, a member is not interested in a matter—
a: if he or she has been appointed under section 10(1)(b) or (c)
b: only because he or she receives remuneration or other benefits authorised under this Act; or
c: if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act.
23AB: How and when interests must be disclosed
1: A member who is interested in a matter must disclose details of the nature and extent of the interest (including any monetary value of the interest)—
a: in a register of interests kept by the Authority; and
b: to the chairperson of the Authority or, if the chairperson is unavailable or interested, to the alternate chairperson.
2: The member must disclose his or her interest as soon as practicable after he or she becomes aware of it.
3: The details of the interest disclosed in accordance with subsection (1)
4: A general notice of an interest in a matter relating to the Authority, or in a matter that may in future relate to the Authority, that is disclosed in accordance with this section is a standing disclosure
5: A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.
23AC: Consequences of being interested in matter
1: A member who is interested in a matter must not—
a: vote or take part in making any decision of the Authority (or any committee appointed by the Authority) relating to the matter, or otherwise participate in any activity of the Authority (or committee) that relates to the matter:
b: sign any document relating to—
i: the entry into a transaction in respect of the matter; or
ii: the initiation of the matter:
c: be counted for the purpose of forming a quorum for the part of a meeting of the Authority (or committee) during which a decision about the matter is made.
2: However, the member may—
a: participate in discussions of the Authority (or any committee appointed by the Authority) relating to the matter; and
b: do, or be counted for the purposes of, the things described in subsection (1)
3: The permission may be given by—
a: the alternate chairperson, if the chairperson is unavailable or interested; or
b: the Minister, if the chairperson and alternate chairperson are unavailable or interested.
4: The permission may be—
a: given subject to conditions:
b: amended or revoked in the same way as it is given.
5: The Authority must, in its minutes, record—
a: each interest to which a permission relates; and
b: any conditions on, amendments to, or revocation of the permission.
23AD: Consequences of failing to comply with section 23AB or 23AC
1: The Authority must notify the Minister of a failure to comply with section 23AB or 23AC
2: A failure to comply with section 23AB or 23AC
3: However,—
a: the chairperson may reverse any decision made by the Authority under any of sections 28 and 36 to 41A section 23AB or 23AC
b: a person may still apply, in accordance with law, for judicial review. Performance reviews
14: Section 24 amended (Order in Council may declare product to be prescribed product)
1: In section 24(1) Subject to section 25, the Governor-General may from time to time, by Order in Council,— The Governor-General may, by Order in Council made on the recommendation of the Minister,—
2: After section 24(3)
4: Subsection (1) sections 25 and 25A
15: Section 25 replaced (Requirements to be met before product may become a prescribed product)
Replace section 25
25: Requirements to be met before prescribed product declared
1: The Minister must not recommend the making of an Order in Council under section 24
a: the product group has asked the Minister to make the recommendation; and
b: the Minister is satisfied, in accordance with section 25A
c: the Minister is satisfied that the group would be suitable to carry out the functions of a recognised product group under this Act; and
d: the Minister has decided whether 1 or more varieties or cultivars should be excluded from the product.
2: For the purposes of subsection (1)(c)
a: the size and nature of the product group’s membership; and
b: the extent to which the membership of the group fairly represents the full range of producer interests in the product concerned; and
c: the extent to which exporters of the product concerned are represented on the group; and
d: the existence, size, and nature of other product groups for the product, and the relationship between any such groups and the product group; and
e: the views of the Authority on the suitability of the group to be a recognised product group for the purposes of this Act; and
f: any other matters that appear relevant to the Minister.
3: For the purposes of subsection (1)(d)
a: whether there is opposition that is real and of substance from producers or exporters of the variety or cultivar to its inclusion within the proposed order; and
b: the extent to which exclusion of the variety or cultivar would prejudice the export marketing, as a prescribed product, of the product in question.
25A: Product group must demonstrate support for proposal
1: The condition described in section 25(1)(b)
a: the product group has properly and fairly conducted the process decided on by the Minister under this section ( see subsection (5)
b: that process has demonstrated that the producers and exporters of the product support the proposal ( see subsection (6) Minister must determine process for demonstrating support
2: The Minister must, after a product group asks the Minister to recommend the making of an Order in Council under section 24
a: a vote by postal ballot of the producers and exporters of the product; or
b: a vote at a meeting of the product group—
i: at which every producer or exporter of the product is entitled to speak and to vote (whether or not the producer or exporter is a member of the group); but
ii: that is otherwise an annual general meeting or special meeting held in accordance with the group’s rules.
3: In deciding on the more appropriate process, the Minister must have regard to—
a: the number of producers and exporters of the product; and
b: the extent (if any) to which the ability of producers to attend a meeting may be adversely affected by the geographic distribution of producers’—
i: principal places of business (in the case of producers that are bodies corporate); or
ii: principal places of residence (in the case of producers who are natural persons). Product group must demonstrate support by conducting process
4: After the Minister has decided on the process, the product group must conduct that process and then give to the Minister—
a: the results of the votes cast; and
b: any information requested by the Minister that he or she reasonably needs to be satisfied that the process—
i: was properly and fairly conducted; and
ii: has demonstrated that the producers and exporters of the product support the proposal.
5: A process is properly and fairly conducted if—
a: the proposal and its implications are clearly and accurately communicated to the producers and exporters of the product; and
b: the producers and exporters are given a reasonable and equal opportunity to vote and, if the vote is held at a meeting of the product group, also to speak at that meeting.
6: A process demonstrates that the producers and exporters of the product support the proposal if the following persons vote in support of the proposal:
a: 60% or more of the producers of the product; and
b: 60% or more of the exporters of the product; and
c: producers of 60% or more of the product; and
d: exporters of 60% or more of the product.
7: For the purposes of subsection (6)
a: the percentage specified in subsection (6)(a)
b: the percentage specified in subsection (6)(b)
c: the percentage specified in subsection (6)(c)
i: produced by the producers who voted; and
ii: produced for export in the 2 years immediately before the date of the vote:
d: the percentage specified in subsection (6)(d)
i: exported by the exporters who voted; and
ii: exported in the 2 years immediately before the date of the vote.
8: In this section,— proposal section 24 value
16: Section 26 amended (Export marketing strategy to be formulated where product subject to export licensing)
Replace section 26(2)
2: The export marketing strategy must set out—
a: the general marketing objectives for the export of the product and the means by which those objectives are to be achieved; and
b: the anticipated costs of giving effect to the strategy and how those costs are to be funded.
2AA: The export marketing strategy may also do 1 or both of the following:
a: specify up to 5 tiers of licence that are distinguished on the basis of—
i: the markets to which a licensed exporter may export the product; and
ii: the requirements that apply to licensed exporters exporting to those markets:
b: include matters relating to—
i: the distribution, transport, form (including grade standards), production, promotion, market development, selling, and export price reporting of the product; and
ii: the provision of export market information, and product and market research; and
iii: the auditing of compliance with, and the effectiveness of, the strategy.
2AB: Requirements of the kind referred to in subsection (2AA)(a)(ii) subsection (2AA)(b)(i) to (iii)
2AC: An export marketing strategy that specifies more than 1 tier of licence must rank the tiers of licence from the lowest to the highest tier.
17: New section 27A inserted (Changes to tiers of licence)
After section 27
27A: Changes to tiers of licence
How tiers of licence may be changed
1: The recognised product group for a prescribed product may propose 1 or both of the following when submitting a proposal to replace or amend an export marketing strategy under section 27:
a: that new tiers of licence be added:
b: that existing tiers of licence be removed or amended (including by amending matters of the kind specified in section 26(2AA)(a)(i) and (ii)
2: The recognised product group must not submit the proposal until at least 1 year after the later of the following dates:
a: the date on which the Authority first approved the export marketing strategy:
b: the date on which the Authority most recently approved a proposal to amend or replace the export marketing strategy in a way that included adding, removing, or amending tiers of licence. Effect of change on existing licences
3: On and from the date that the proposal comes into force, the holder of an existing licence for the prescribed product must be treated as if the person holds—
a: the lowest tier or tiers of licence needed to export the product to the market or markets covered by the existing licence immediately before the proposal came into force; or
b: any lower tier or tiers of licence notified in writing to the Authority by the holder of the existing licence.
4: As soon as practicable after a proposal comes into force or notice is given in accordance with subsection (3)(b)
a: the Authority must provide the holder of an existing licence with written confirmation of the new tier or tiers of licence; and
b: the Registrar appointed under section 17
18: Section 30 amended (Notification of approval of strategy or proposal)
In section 30(1)(a)(iii) an export licence that allows the licence holder to export the product to the intended market
19: Section 33 amended (Requirements to be met before Minister may recommend revocation of Order in Council)
In section 33(a) requests and the Minister is satisfied, in accordance with section 25A
20: Section 34 amended (Exporters of prescribed product to hold export licence)
1: Replace section 34(1)
1: A person may export a prescribed product only if the person holds an export licence that allows the licence holder to export the product to the intended market.
2: In section 34(2) Subsection (1) does not apply to the export of any product— However, subsection (1)
3: In section 34(4)
a: subsection (1) this section
b: $10,000 $50,000
21: Section 35 amended (Application for export licence)
In section 35(2) section 36(2) section 36(1)
22: Section 36 amended (Grant of licence or provisional licence)
1: Replace section 36(1)(ba)
ba: is likely to be competent in handling, exporting, and marketing the product for which the licence is sought, having regard to any relevant requirements that—
i: are specified in the current export marketing strategy for the product; and
ii: apply in relation to that licence; and
2: Replace section 36(1A)(a)(i)
i: the applicant’s suitability as an exporter of the product for which the licence is sought, having regard to any requirements that—
A: are specified in the current export marketing strategy for the product; and
B: apply in relation to that licence; and
3: Replace section 36(6)
6: An export licence expires at the end of the fifth anniversary of the date on which it was granted, unless the licence is revoked or cancelled earlier.
23: Section 38 amended (Additional conditions may be imposed where prejudice to export marketing strategy)
In section 38(7)(a)(i) and export pricing
24: Section 39 amended (Revocation, suspension, and cancellation of licences)
1: Replace section 39(1)(a)
a: the licensed exporter has—
i: failed to comply with any condition attached to the licence; or
ii: exported to a market for which the exporter does not hold the required tier of licence; or
2: In section 39(1)(b) properly ; or
3: After section 39(1)(b)
c: the licensed exporter is a participant in a joint venture that has breached a condition attached to a certificate of exemption issued to the joint venture under section 40.
4: In section 39(6)(b)(iii) redundant ; or
5: After section 39(6)(b)(iii)
iv: there has been, in relation to an exporter that is a company,—
A: a significant change in the shareholding of the company; or
B: a change in more than 50% of the directors or senior managers of the company as a result of a change in shareholding; or
v: there has been, in relation to an exporter that is a limited partnership,—
A: a change in more than 50% of the general partners; or
B: a significant change in the shareholding of more than 50% of the general partners.
6: After section 39(6)
7: For the purposes of subsection (6)(b)(iv)(A) and (v)(B) significant paragraphs (i) to (iv) of section 5(1)(a) of the Companies Act 1993
8: In this section,— director section 126 of the Companies Act 1993 senior manager
25: Section 40 amended (Exemption for single operation or trial shipment)
1: Replace the heading to section 40 Exemption for single operation, trial shipment, or joint venture
2: Replace section 40(1)
1: The following persons may apply to the Authority for an exemption from the requirement to hold an export licence:
a: a person who wishes to export 1 particular consignment or series of consignments of a prescribed product:
b: a person who wishes to make a trial shipment of a prescribed product:
c: a joint venture formed for the purpose of exporting a prescribed product.
1A: A joint venture may apply for an exemption only if each participant in the joint venture is licensed to export the product to the intended market.
3: After section 40(2)
2A: A certificate of exemption issued to a joint venture must specify the date on which it expires (which must be no more than 1 year after the date on which the certificate is issued).
26: Section 41 amended (Exemption from compliance with export marketing strategy)
In section 41(3)(b) market marketing
27: Section 42 amended (Register of export licences)
After section 42(2)(a)(ii)
iia: if applicable, the tier of licence granted:
28: New section 42A inserted (Agreements to share information with Authority)
After section 42
42A: Agreements to share information with Authority
1: The purpose of this section is to enable the making of agreements under which the following people may share information about the export of prescribed products with the Authority:
a: the chief executive of the New Zealand Customs Service (the chief executive
b: the Director-General of the Ministry for Primary Industries (the Director-General Agreements and their effect
2: The Authority may enter into 1 or more agreements with the chief executive or the Director-General.
3: While an agreement is in force, the chief executive or the Director-General may provide to the Authority information that is—
a: held by the New Zealand Customs Service or the Ministry for Primary Industries; and
b: of a kind specified in the agreement; and
c: provided for the specified purpose.
4: The specified purpose
a: holds a licence that allows the exporter to export the product to the intended market or is exempt from the requirement to hold a licence:
b: is complying with the conditions on the exporter’s licence. Consultation on agreements
5: Before entering into or amending an agreement, the Authority must consult on the proposed agreement or amendment with—
a: the Privacy Commissioner; and
b: any person or organisation (such as a recognised product group) that it considers represents the interests of the exporters whose personal information will be shared under the proposed agreement. Agreements must be published
6: The Authority must publish on its Internet site the current version of any agreement made under this section.
29: Section 43 amended (Appeals to arbitrator)
In section 43(6A)(b) to the pay to pay
30: Section 58 amended (Annual report and financial statements)
1: In section 58(1) a general report an annual report
2: In section 58(2) the general report the annual report
31: Section 62 replaced (Regulations)
Replace section 62
62: Fee regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing fees—
a: that the Authority may charge to exporters or recognised product groups in relation to the carrying out of its functions under this Act:
b: that a recognised product group may charge to producers or exporters of the product in relation to the carrying out of its functions under this Act, including activities required to give effect to the group’s export marketing strategy.
2: Regulations made under this section—
a: must specify the amount or maximum amount of a fee, or the method of calculating a fee; and
b: may specify different amounts or maximum amounts of a fee, or methods of calculating a fee, for different categories of person; and
c: may provide for the Authority or recognised product group charging the fee to determine which category a person belongs to based on prescribed criteria or after following a prescribed process; and
d: may prescribe requirements for notifying the amount of a fee—
i: for which a maximum amount is specified; or
ii: that is determined by a method of calculation; and
e: may exempt persons from having to pay a fee by reference to—
i: a category of persons; or
ii: the type or quantity of product, service, or matter in respect of which the fee would otherwise be payable.
3: If the regulations exempt persons from having to pay a fee, the reasons for the exemption must be set out in the explanatory note of the regulations.
4: Before recommending that regulations be made under this section, the Minister must take reasonable steps to consult the persons who may have to pay the fee.
62A: Levy regulations: levy payable to Authority
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of a levy by recognised product groups to the Authority to fund the costs of carrying out its functions under this Act.
2: Regulations made under this section must—
a: specify which recognised product groups or categories of group are responsible for paying the levy; and
b: specify either—
i: the amount of, or method of calculating, the levy; or
ii: the different amounts of, or methods of calculating, the levy payable by different recognised product groups or categories of group; and
c: prescribe requirements for notifying the amount of the levy if it is determined by a method of calculation; and
d: specify when and how the levy must be paid; and
e: prescribe a requirement for the Minister to review the levy at specified intervals.
3: The regulations may do 1 or more of the following:
a: require the Authority to keep records relating to the receipt and use of levy funds:
b: if the levy is determined by a method of calculation,—
i: require recognised product groups to make returns to the Authority for use in calculating the amount of the levy:
ii: allow the Authority to determine the amount of the levy payable by a recognised product group if the information needed to calculate the levy for that group is unavailable:
c: exempt recognised product groups or categories of group from having to pay the levy or any part of it.
4: If the regulations allow the Authority to determine the amount of levy payable by a recognised product group, the regulations must prescribe—
a: criteria for determining the amount; and
b: a process for resolving any dispute about the amount determined by the Authority.
5: If the regulations exempt product groups from having to pay the levy, the reasons for the exemption must be set out in the explanatory note of the regulations.
6: Before recommending that regulations be made under this section, the Minister must take reasonable steps to consult the recognised product groups that will be responsible for paying the levy.
7: A levy imposed by regulations made under this section must be reasonable having regard to—
a: the costs incurred by the Authority in carrying out its functions under this Act; and
b: the amount of any income received by the Authority from any other source.
62B: Levy regulations: levies payable to recognised product groups
1: The purpose of this section and section 62C
a: the functions of recognised product groups under this Act, including activities required to give effect to a group’s export marketing strategy:
b: the payment of any fee or levy payable by recognised product groups to the Authority.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing levies in accordance with the provisions of the Commodity Levies Act 1990, as applied by section 62C
3: Regulations made under subsection (2)
62C: Application of Commodity Levies Act 1990 to prescribed products for purposes of section 62B
1: For the purposes of section 62B Commodity Levies Act 1990
2: However,—
a: an Order in Council may be made only on the Minister’s recommendation:
b: a levy may be imposed only—
i: on a prescribed product that is produced for export; and
ii: on the basis of the amount or value of the product produced for export or exported:
c: if a levy is to be imposed on the basis of the amount or value of the product produced for export,—
i: the support referendum must be conducted on that basis; and
ii: section 5(2)(ah) and (ai) of the Commodity Levies Act 1990
d: if a levy is to be imposed on the basis of the amount or value of the product exported,—
i: the support referendum must be conducted on that basis; and
ii: section 5(2)(ah) and (ai) of the Commodity Levies Act 1990
e: the regulations imposing a levy may provide for it to be paid only by producers or exporters to a recognised product group:
f: different levies may be prescribed for different—
i: products; or
ii: grades of a product; or
iii: varieties or cultivars of a product:
g: a levy must be reasonable having regard to—
i: the costs incurred by a recognised product group in carrying out its functions under this Act in relation to the product on which the levy is imposed; and
ii: the amount of any income received by the recognised product group from any other source.
3: The provisions of the Commodity Levies Act 1990
a: a recognised product group that receives a levy may spend it only for a purpose specified in section 62B(1)
b: section 13 of the Commodity Levies Act 1990
c: a levy imposed in relation to a prescribed product ceases to be payable on and from the date that the product ceases to be a prescribed product:
d: a reference to a levy order must be read as a reference to regulations made under section 62B(2)
e: a reference to a body corporate or an industry organisation must be read as a reference to a recognised product group:
f: any other necessary modifications.
62D: Other regulations
The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing grade standards for prescribed products, recognition symbols or marks for those grade standards, and offences relating to the unauthorised or fraudulent use of those symbols or marks:
b: prescribing offences for breaching regulations made under this Act and the fines for the offences, up to a maximum of $10,000:
c: providing for matters contemplated by, or necessary for giving full effect to, the provisions of this Act and for its due administration.
32: Section 63 amended (Offences and penalties)
In section 63(2) $4,000 $10,000
33: Section 64 repealed (Consequential amendments)
Repeal section 64
2: Consequential amendments and transitional provisions
Consequential amendments
34: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 1
35: Amendment to Local Authorities (Members’ Interests) Act 1968
1: This section amends the Local Authorities (Members’ Interests) Act 1968
2: In Schedule 1 2016-12-13 Local Authorities (Members’ Interests) Act 1968 Transitional provisions
36: New Schedule 1 inserted
Insert the Schedule 1 Schedule 2