1: Title
This Act is the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012.
2: Commencement
This Act comes into force on the earlier of—
a: the day that is 180 days after the date on which it receives the Royal assent:
b: a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2(b) brought into force 6 July 2012 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act Commencement Order 2012
3: Principal Act amended
This Act amends the Crown Pastoral Land Act 1998 OIC SR 2012/168 2012-07-06 Crown Pastoral Land Act 1998 This Act may be brought into force before this date by 1 or more OICs (see section 2(b))
1: Amendments to Crown Pastoral Land Act 1998
4: Interpretation
1: Section 2 base carrying capacity Part 1A Part 1A Commissioner Crown assessor section 23C current carrying capacity Part 1A Part 1A department expert determiner section 23F(1)(a)(i) land lessee's assessor section 23F(1)(b) Minister pastoral lease rent review date
a: the day immediately after the first period of 11 years from the commencement date of the pastoral lease:
b: the day immediately after the second period of 11 years from the commencement date of the pastoral lease:
c: the day immediately before the expiry of the pastoral lease if the pastoral lease is to be renewed stock unit Part 1A section 23O(1)(a)(iii) Valuer-General .
2: Section 2 rental value
5: Sections 6 to 8 repealed
Sections 6 to 8
6: New Part 1A inserted
The following Part is inserted after Part 1
1A: Setting rents for pastoral leases
23A: Purpose of this Part
1: The purpose of this Part is to establish a framework for specifying an efficient, predictable, and objective process to set rents for pastoral leases based on—
a: the productive capacity of the land when used for pastoral farming; and
b: the earnings available from that productive capacity.
2: To help to achieve the purpose of this Part, the framework set out in this Part—
a: includes a formula with the following elements:
i: the base carrying capacity of a pastoral lease as an easily calculated proxy for the stock the land would carry in an unimproved state; and
ii: the current carrying capacity of a pastoral lease as an approximate measure of the stock the land would carry when developed and farmed efficiently, which allows the element in subparagraph (iii) to be calculated; and
iii: a factor to incorporate 0.15 of the difference between the current carrying capacity and the base carrying capacity into the formula; and
iv: a dollar-per-stock-unit rate that incorporates a proportion of net earnings per stock unit into the formula; and
b: fixes the values of some elements of the formula and prescribes or constrains inquiry into the values for other elements of the formula, namely,—
i: the dollar-per-stock-unit rate is calculated according to a method prescribed in regulations using available data about net farm incomes on farms comparable to those on pastoral leases; and
ii: the base carrying capacity is to be agreed or determined once according to rules made by the Valuer-General, including rules about using scientific evidence that is predictive of the base carrying capacity and information about the land; and
iii: the current carrying capacity is to be agreed or determined at each review according to rules made by the Valuer-General, including rules about using information about efficient farming practices and information about the land; and
c: provides for a dispute resolution system to facilitate early agreement between the Crown and lessees on the base carrying capacity and the current carrying capacity.
23B: Formula for calculating annual rents for pastoral leases
1: Despite anything in any other enactment or in any instrument, the annual rent for a pastoral lease that has a rent review date on or after the date on which this section comes into force must be calculated in accordance with the formula set out in subsection (2) and the formula set out in subsection (3), and the annual rent payable is the greater of the 2 amounts so calculated.
2: The following formula must be used to calculate the annual rent for any pastoral lease to which subsection (1) applies: a = b × (c + ((d – c) × 0.15)) where— a is the annual rent for the pastoral lease b is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette c is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part d is the current carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part.
3: The following formula must also be used to calculate the annual rent for any pastoral lease to which subsection (1) applies: b × c where— b is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette c is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part.
23C: Commissioner to appoint Crown assessors to determine carrying capacities of pastoral leases
1: The Commissioner must appoint a Crown assessor to make an initial assessment of the base carrying capacity of a pastoral lease that has a rent review date during the period—
a: beginning on the date that this section commences; and
b: ending on the close of the day that is 90 days before the next rent review date.
2: However, subsection (1) does not apply if the base carrying capacity of the pastoral lease has been determined previously under this Part.
3: The Commissioner must appoint a Crown assessor to make an initial assessment of the current carrying capacity of a pastoral lease during the period—
a: beginning on the date that is 120 days before the rent review date; and
b: ending on the close of the day that is 90 days before the rent review date.
4: The Commissioner must, as soon as practicable after appointing a Crown assessor under this section, provide that Crown assessor with, or refer that Crown assessor to, any information prescribed in any rules made under section 23O
5: Despite anything in this section, the periods specified in subsections (1) and (3) may be varied by written agreement between the Commissioner and the lessee.
23D: Initial assessment of carrying capacity by Crown assessors
1: A Crown assessor must, in accordance with the terms of the Crown assessor's appointment under section 23C
a: the base carrying capacity of the pastoral lease; or
b: the current carrying capacity of the pastoral lease; or
c: the base carrying capacity and the current carrying capacity of the pastoral lease.
2: The Crown assessor must allow the lessee or a representative of the lessee to be present when the Crown assessor is inspecting the land for the purposes of subsection (1).
3: The Commissioner must, within 15 working days after the completion of the Crown assessor's inspection of the land, give the lessee the Crown assessor's initial assessment, which must—
a: be in writing; and
b: include—
i: the information provided or referred to the Crown assessor under section 23C(4)
ii: any other information that contributed materially to the assessment; and
c: explain which elements of the information referred to in paragraph (b) contributed materially to the assessment; and
d: specify the regulations or rules that permit or require the use of the information referred to in paragraph (c); and
e: if the Crown assessor’s initial assessment allows a rent to be calculated, specify the rent that the lessee must pay if the lessee accepts the Crown assessor's initial assessment; and
f: give notice of the period for response, and the consequences of failure to respond within that period, in the form prescribed by the Valuer-General for that purpose.
4: The lessee must, within 15 working days after the date on which the notice is received by the lessee, respond to the Crown assessor’s initial assessment, in writing to the Commissioner, by—
a: accepting the Crown assessor’s initial assessment; or
b: rejecting the Crown assessor’s initial assessment.
23E: Process if lessee accepts, or fails to respond to, initial assessment
If the lessee accepts, or fails to respond to, an initial assessment under section 23D(4)
a: in the case of the base carrying capacity of a pastoral lease,—
i: becomes the base carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
b: in the case of the current carrying capacity of a pastoral lease,—
i: becomes the current carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
23F: Framework for dispute resolution if lessee rejects initial assessment
1: If the lessee rejects the initial assessment of a Crown assessor, then, within 10 working days after the 15-working-day period specified in section 23D(4)
a: the Commissioner must—
i: appoint an expert determiner in accordance with subsection (2); and
ii: submit a copy of the assessment given under section 23D(3)
b: the lessee must appoint an assessor.
2: The Commissioner—
a: must, in good faith, try to agree with the lessee on the person to be appointed as the expert determiner; and
b: must, if the Commissioner and the lessee are unable to agree, appoint a person who is nominated by the Valuer-General.
3: Within 10 working days after the 10-working-day period specified in subsection (1), the lessee's assessor, the Crown assessor, and the expert determiner must meet on the land for the purpose of reaching an agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be).
4: If, after 10 working days after the meeting referred to in subsection (3), the lessee's assessor and the Crown assessor have not agreed on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) and communicated that agreement to the expert determiner, the expert determiner must, as soon as practicable,—
a: fix a date for a resolution hearing, which must be no later than 30 working days after the meeting specified in subsection (3); and
b: give written notice of the resolution hearing to the lessee, the lessee's assessor, and the Crown assessor as soon as practicable but at least 10 working days before the date of the resolution hearing.
23G: Duties of parties during dispute resolution before resolution hearing
1: During the period starting at the beginning of the meeting referred to in section 23F(3) section 23H
a: the lessee's assessor and the Crown assessor must try in good faith to reach agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and
b: the lessee’s assessor, the Crown assessor, and the expert determiner must, at the meeting on the land referred to in section 23F(3)
c: the Crown assessor must—
i: explain to the lessee’s assessor and the expert determiner the method that the Crown assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) in the initial assessment by isolating, as far as possible, the material elements of the method that the Crown assessor used; and
ii: specify the regulations or rules that permit or require the use of the method referred to in subparagraph (i); and
d: the lessee’s assessor must formulate, and provide to the Crown assessor and the expert determiner, an assessment of the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) that—
i: explains the method that the lessee's assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and
ii: takes into account any explanation provided by the Crown assessor under paragraph (c); and
iii: includes any information that contributes materially to the lessee's assessor's assessment; and
iv: specifies the regulations or rules that permit or require the method referred to in subparagraph (i) and information referred to in subparagraph (iii); and
e: the expert determiner must analyse and evaluate how the lessee's assessor and the Crown assessor have applied the requirements of this Part and any regulations or rules made under this Part; and
f: the expert determiner may provide guidance or assistance to the lessee's assessor and the Crown assessor in their efforts to agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
2: If the expert determiner provides guidance or assistance after the conclusion of the meeting referred to in section 23F(3)
a: to the lessee's assessor, the expert determiner must provide the Crown assessor with a written summary of the guidance or assistance:
b: to the Crown assessor, the expert determiner must provide the lessee's assessor with a written summary of the guidance or assistance.
3: The information required to be given by a Crown assessor under subsection (1)(c) or by a lessee's assessor under subsection (1)(d) need not be in writing or, if in writing, need not be in any particular form.
4: Despite subsection (3), the information required to be given by a Crown assessor under subsection (1)(c) and by a lessee's assessor under subsection (1)(d) must be provided in writing in accordance with any regulations or rules made under this Part by the date that is 5 working days after the meeting referred to in section 23F(3)
23H: Resolution hearing
1: If an agreement is not reached between the lessee's assessor and the Crown assessor under section 23G section 23F(4)(a) section 23F(4)(a)
a: facilitate agreement between the lessee's assessor and the Crown assessor; or
b: if the expert determiner considers that an agreement is unlikely during the resolution hearing, determine the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
2: A determination made under subsection (1)(b) must—
a: be in writing and in the form specified by the Valuer-General; and
b: be given to the lessee and the Commissioner within 5 working days of the date of the resolution hearing.
3: The expert determiner may establish any procedures for the resolution hearing, but the procedures must be consistent with any regulations or rules made under this Part.
4: The Arbitration Act 1996 does not apply to the resolution hearing, but the expert determiner may apply any provision of that Act to a resolution hearing in any procedures that the expert determiner may establish.
5: The expert determiner may make an award of costs that complies with subsection (6) and any regulations or rules made under this Part.
6: An award of costs must provide that—
a: the lessee pay the fees of the lessee's assessor and pay for any expenses incurred by the lessee's assessor that are associated with complying with the requirements of this Part; and
b: the Commissioner pay the fees of the Crown assessor and pay for any expenses incurred by the Crown assessor that are associated with complying with the requirements of this Part; and
c: the lessee and the Commissioner pay an equal share of the fees of the expert determiner and pay for any expenses that are associated with holding the resolution hearing (whether it proceeds or not).
7: Despite subsection (6), the expert determiner may require the lessee to pay a portion of the fees and expenses that the Commissioner would otherwise pay, or require the Commissioner to pay a portion of the fees and expenses that the lessee would otherwise pay, if the lessee's assessor or a Crown assessor (as the case may be) has, unreasonably or without justification,—
a: contributed to the time or expense involved in complying with the requirements of this Part; or
b: failed to comply, by act or omission, with this Part or any regulations or rules made under this Part; or
c: taken a position or pursued an argument that lacks merit, including (but not limited to) refusing to accept facts that should have been accepted.
23I: Recording and noting carrying capacities
1: If the lessee's assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at any time before a resolution hearing,—
a: the lessee's assessor and the Crown assessor must communicate to the expert determiner the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be); and
b: the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
2: If the lessee's assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) during a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
3: If the expert determiner determines the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
4: If the expert determiner records a base carrying capacity or current carrying capacity, or both, of a pastoral lease (as the case may be),—
a: in the case of a base carrying capacity, the recorded base carrying capacity of the pastoral lease—
i: becomes the base carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
b: in the case of a current carrying capacity, the recorded current carrying capacity of a pastoral lease—
i: becomes the current carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
5: The expert determiner must notify the Commissioner and the lessee of the base carrying capacity or current carrying capacity of any pastoral lease that is agreed or determined under this Part.
6: If the Commissioner becomes aware of a base carrying capacity to which section 23E(a)(i)
7: If the Registrar-General of Land receives advice under subsection (6), the Registrar-General of Land must, on any relevant computer register, note a memorial that specifies the base carrying capacity of the pastoral lease.
23J: Appeals on questions of law
1: If the Commissioner or a lessee of a pastoral lease is dissatisfied with any determination by an expert determiner of base carrying capacity or current carrying capacity as being erroneous in point of law, the Commissioner or lessee may appeal to the High Court on that question of law.
2: An appeal under this section must be dealt with in accordance with the rules of court.
3: On any appeal, the High Court must hear and determine the question of law arising in the proceedings, and must do 1 or more of the following:
a: confirm or amend the determination in respect of which the appeal has been brought:
b: quash the determination and remit the matter to the expert determiner along with a copy of the decision of the High Court:
c: make any other order in relation to the matter that the High Court thinks fit.
23K: Exclusion from liability
An expert determiner is not liable for any act done or omitted to be done by the expert determiner in good faith in—
a: the performance or intended performance of a function or duty under this Part or any regulations or rules made under this Part; or
b: the exercise or intended exercise of a power under this Part or any regulations or rules made under this Part.
23L: Functions, duties, and powers of Valuer-General
1: The Valuer-General—
a: must, using the method prescribed in regulations made under section 23N Gazette
b: may make rules under section 23O
c: may provide guidance in relation to any matter for which the Valuer-General may make rules under section 23O
d: may provide information to lessees' assessors, Crown assessors, and expert determiners to assist them in performing their functions and duties under this Part; and
e: may provide information, monitor, and publish reports on, the processes specified in this Part for—
i: assessing or determining the base carrying capacity and the current carrying capacity of pastoral leases; and
ii: setting the rent for pastoral leases; and
f: may audit any assessment or determination of the base carrying capacity or current carrying capacity, or both, of any pastoral lease (as the case may be) against any rules made under section 23O
g: may appoint members to form 1 or more expert panels to assist in the performance of the Valuer-General's functions and duties or the exercise of the Valuer-General's powers under this Part; and
h: must appoint a person nominated by any organisation the Valuer-General considers is representative of lessees of pastoral leases to any expert panel formed under paragraph (g); and
i: must publish, in any form or manner that the Valuer-General considers appropriate, including (but not limited to) on an Internet site maintained by the department,—
i: any guidance provided under paragraph (c); and
ii: any rules made under section 23O
iii: any determination made by an expert determiner under this Part in relation to base carrying capacity.
2: In carrying out the functions and duties and exercising the powers specified in subsection (1), the Valuer-General must—
a: aim to ensure that—
i: any assessment or determination is made quickly and efficiently; and
ii: any lessee's assessor, Crown assessor, or expert determiner does not use more information or undertake more analysis than is reasonably necessary to make an assessment or a determination; and
b: have regard to the purpose of this Part.
23M: Delegation of Valuer-General's functions, duties, and powers
The Valuer-General may, in accordance with section 41 of the State Sector Act 1988, delegate to employees of the department, in the same manner and to the same extent as if the Valuer-General were its chief executive,—
a: any function, duty, or power conferred on the Valuer-General by this Act (other than the power to make rules under section 23O
b: any function, duty, or power delegated to the Valuer-General by any Minister of the Crown (other than a power that is subject to a delegation that provides that the power may not be delegated).
23N: Regulation-making power
The Governor-General may, on the recommendation of the Minister, make regulations that—
a: specify the method for calculating the dollar-per-stock-unit rate, which must—
i: use the publicly available data about farm revenues and expenses from pastoral farms and farms that are most comparable to pastoral farms; and
ii: use a measure of net farm revenues per stock unit derived from the data referred to in subparagraph (i); and
iii: set the dollar-per-stock-unit rate as a proportion of the measure referred to in subparagraph (ii) that corresponds as closely and consistently as practicable to the long-term average spent on rent and servicing mortgage debt; and
iv: contain a floor that will operate as the minimum dollar-per-stock-unit rate; and
v: use an appropriate index of farm costs to annually adjust the floor referred to in subparagraph (iv); and
vi: specify how the dollar-per-stock-unit rate is to be calculated for different periods for the purposes of this Part:
b: prescribe forms:
c: prescribe rules and procedures for resolution hearings:
d: provide for the matters that are contemplated by or necessary for giving effect to this Part and for its due administration.
23O: Rule-making power
1: For the purposes of this Part, the Valuer-General—
a: must make rules that—
i: specify the information to be provided or referenced by the Commissioner under section 23C(4)
A: information predicting the characteristics of land, which includes information in the form of raw data, a land classification, a model, or an algorithm:
B: assumptions about how the information referred to in subsubparagraph (A) reveals the base carrying capacity and the current carrying capacity of a pastoral lease:
C: other information about the land:
ii: specify how a lessee's assessor, a Crown assessor, or an expert determiner must, when making an assessment or a determination,—
A: use the information provided or referenced by the Commissioner under section 23C(4)
B: use the information gained at a meeting on the land under section 23F(3)
C: use the information provided under section 23G(4)
D: use or not use any other information about the land:
iii: for the purposes of ensuring that base carrying capacities and current carrying capacities are assessed and used consistently to calculate rent,—
A: define a standard stock unit for the purposes of this Part by reference to an annual energy requirement (taking into account relevant industry norms and practices):
B: specify the standard stock-unit equivalent of different kinds of stock for the purposes of this Part:
C: specify how non-standard stock-unit measurements are to be converted to standard stock-unit measurements for the purposes of this Part:
b: may make rules that—
i: provide that a specified process or method is the only process or method that may be used by a lessee's assessor, a Crown assessor, or an expert determiner when making an assessment or a determination of base carrying capacity:
ii: specify how a lessee's assessor, a Crown assessor, or an expert determiner must deal with relevant matters when making an assessment or a determination of current carrying capacity, including (but not limited to)—
A: how relevant concepts are to be used:
B: information about stock carried on a pastoral lease:
C: constraints on stocking that arise from the obligations under a pastoral lease:
D: physical and other constraints on stocking:
iii: provide for any other matters relating to—
A: assessing or determining the base carrying capacity or current carrying capacity of a pastoral lease that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part; or
B: setting rents for pastoral leases that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part:
iv: provide for the designation of individuals eligible to be appointed as assessors or expert determiners:
v: provide for the matters that are contemplated by or necessary for giving full effect to this Part and for its due administration.
2: Rules made under subsection (1)—
a: may specify upper and lower bounds or other constraints for the base carrying capacity and current carrying capacity of pastoral leases:
b: may prescribe different rules for different sets of pastoral leases:
c: may, in the case of rules referred to in subsection (1)(a) and (b), make different provision for the base carrying capacity and current carrying capacity of a pastoral lease:
d: may provide that stock carried on land for any period is counted towards the current carrying capacity of the land in proportion to the part of the year that the stock spends on the land (whether or not that stock is also grazed on any other ground that is not subject to a pastoral lease).
3: Before making any rules under this section, the Valuer-General must—
a: publish a notice of the Valuer-General's intention, including (but not limited to) on an Internet site maintained by the department; and
b: take reasonable steps to bring the notice to the attention of lessees of pastoral leases; and
c: give interested persons a reasonable period of time, which must be specified in the notice, to make submissions on the proposed rules; and
d: consult persons who the Valuer-General considers represent the lessees of pastoral leases and the Valuer-General considers appropriate, having regard in each case to the content and effect of the proposed rules.
4: Any rule made under subsection (1) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
5: In the event of any conflict between any regulation made under section 23N
23P: Valuer-General may designate individuals eligible to be appointed as assessors and expert determiners
1: No individual may be appointed as a lessee's assessor, a Crown assessor, or an expert determiner under this Part unless the person is eligible to be so appointed.
2: The Valuer-General must, in accordance with any regulations or rules made under this Part,—
a: designate any individual as eligible to be appointed as an expert determiner if the requirements in subsections (4) to (6) have been met; or
b: designate any individual as eligible to be appointed as an assessor if the individual—
i: is a member of—
A: an organisation specified in any regulations or rules made under this Part; or
B: a subset of members of an organisation specified in any regulations or rules made under this Part; or
ii: holds a qualification specified in any regulations or rules made under this Part; or
iii: is otherwise qualified to act as an assessor.
3: The Valuer-General may direct that an individual designated under subsection (2) must, if appointed as an assessor, carry out assessments of—
a: the base carrying capacity of pastoral leases; or
b: the current carrying capacity of pastoral leases; or
c: the base carrying capacity and the current carrying capacity of pastoral leases.
4: No individual who is designated as eligible to be a lessee's assessor or a Crown assessor may be designated as eligible to be appointed as an expert determiner.
5: In exercising a power under this section, the Valuer-General must have regard to the skills and experience necessary and desirable to perform the functions and duties and exercise the powers of a lessee's assessor, a Crown assessor, or an expert determiner (as the case may be).
6: Before exercising the power to designate an individual as eligible to be appointed as an expert determiner, the Valuer-General must consult persons and organisations that the Valuer-General considers represent lessees of pastoral leases.
23Q: Service of notices
1: Any notice or other document required or authorised by this Part to be served on or given to any person must be in writing and is sufficiently served or given if it is—
a: delivered to that person; or
b: left at that person's usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or
c: posted in a letter addressed to that person by name at that place of abode or business or address.
2: If the person is absent from New Zealand, the notice or other document may be served on or given to the person's agent in New Zealand.
3: If the person is deceased, the notice or other document may be served on or given to the person's personal representatives.
4: If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of a District Court.
5: If any such notice or other document is sent to any person by post, it is, unless the contrary is shown, deemed to have been delivered to the person on the seventh day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.
6: Despite anything in subsections (1) to (5), a District Court may in any case make an order directing the manner in which any notice or other document is to be served or given, or dispensing with the service or giving of the notice or document.
7: This section does not apply to notices or other documents served or given in any proceedings in any court.
2: Miscellaneous
7: Transitional provision in respect of Part 1A of Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act)
1: Nothing in Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6
2: Despite subsection (1), a lessee of a pastoral lease may, by giving notice in writing to the Commissioner of Crown Lands, elect to have the rent for the pastoral lease set under Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6
a: the lease has a rent review date on or after 1 June 2002; and
b: the lessee has not—
i: had a final determination of rent made under this Act or the Land Act 1948
ii: reached a final agreement about rent made under this Act or the Land Act 1948
3: If a lessee of a pastoral lease has given notice under subsection (2),—
a: Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6
b: the Commissioner and the lessee may agree—
i: on values for b, c, and d in the formulas specified in section 23B of the Crown Pastoral Land Act 1998 (as inserted by section 6
ii: to vary the dates or periods of time referred to in any section (other than section 23C) in Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6
iii: to omit any of the steps or modify any of the processes provided for in sections 23C to 23H of the Crown Pastoral Land Act 1998 (as inserted by section 6
4: The Commissioner and the lessee may agree on values for b, c, and d in the formulas specified in section 23B whether or not—
a: any relevant regulations or rules have been made under Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6
b: the Valuer-General has performed any relevant functions or duties or has exercised any relevant powers under Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6


1: Title
This Act is the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012.
2: Commencement
1: Sections 5 9
2: The rest of this Act comes into force 1 year after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Employment Relations Act 2000 2012-05-15 Employment Relations Act 2000 Only Sections 5 and 9 come into force 2013-05-14 Employment Relations Act 2000 The rest of this Act comes into force 1 year after the date on which it receives the Royal assent.
4: Purpose
The purpose of this Act is to require unions to hold a secret ballot vote of their members to approve a strike before undertaking any strike action.
5: When society entitled to be registered as union
Section 14(1)
ca: the society's rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and .
6: Meaning of strike
Section 81(1)(b) , as the case requires, express or
7: New sections 82A to 82C inserted
The following sections are inserted before section 83
82A: Requirement for union to hold secret ballot before strike
1: This section applies to—
a: a union that—
i: is bound by a current collective agreement; or
ii: will be bound by a proposed collective agreement; and
b: members of that union who are employees who are or have been in the employment of the same employer or of different employers and who—
i: are or were bound (as the case may be) by the current collective agreement referred to in paragraph (a)(i)
ii: will be bound (as the case may be) by the proposed collective agreement referred to in paragraph (a)(ii)
2: Before a strike may proceed under this Part,—
a: the union must hold, in accordance with its rules, a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike; and
b: the result of the secret ballot must be in favour of the strike.
3: For the purposes of subsection (2)(b)
4: As soon as is reasonably practicable after the conclusion of the secret ballot under subsection (2)
82B: Terms of question for secret ballot
The question to be voted on in a secret ballot for the purposes of section 82A
82C: When requirement for secret ballot does not apply
Sections 82A and 82B
8: Unlawful strike or lockouts
Section 86(1)
aa: in the case of a strike, takes place in contravention of section 82A .
9: Transitional provision
1: This section applies to a society whose rules do not comply with section 14(1)(ca) section 5
2: The society must amend its rules so that the rules comply with section 14(1)(ca)
3: The society must amend its rules for the purposes of subsection (2)
a: as soon as is reasonably practicable after the commencement of section 5
b: no later than 2 years after the commencement of section 5


Taxation (Budget Measures) Act 2012

1: Title
This Act is the Taxation (Budget Measures) Act 2012.
2: Commencement
1: This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
2: Section 5
3: Sections 8 10 11
1: Amendments to Income Tax Act 2007
3: Income Tax Act 2007
This Part amends the Income Tax Act 2007 2012-05-29 Income Tax Act 2007 Sections 4, 5, 6, 7 (Section 5 comes into force on 18 August 2011) come into force on the day on which the Act receives the Royal assent 2013-04-01 Income Tax Act 2007 Section 8 comes into force on 1 April 2013
4: New section CW 55BB inserted (Minors' income, to limited extent)
1: After section CW 55BA
CW 55BB: Minors' income, to limited extent
When this section applies
1: This section applies for a tax year to a person, other than an absentee, when the person is—
a: younger than 15:
b: younger than 18, and attends—
i: a private primary school, state primary school, private secondary school, or state secondary school, in each case as defined in the Education Act 1964:
ii: an integrated school as defined in section 2 of the Private Schools Conditional Integration Act 1975:
iii: a school providing special education as defined in the Education Act 1964 and the Education Act 1989:
c: younger than 19, and—
i: was a person to whom paragraph (b) applied during the previous tax year; and
ii: turned 18 on or after 1 January in that previous tax year; and
iii: continues to attend a school of a kind referred to in paragraph (b). Exempt income—if less than limit
2: An amount of income derived by the person in the tax year is exempt income if—
a: the income is none of—
i: a PAYE income payment:
ii: resident passive income:
iii: non-resident passive income:
iv: excluded income:
v: exempt income under another provision; and
b: the person derives in the tax year a total amount of income meeting the requirements of paragraph (a) that is less than $2,340. absentee, excluded income, exempt income, income, non-resident passive income, PAYE income payment, resident passive income, tax year .
2: Subsection (1) applies for the 2012–13 and later tax years.
5: Section EC 8 amended (Restrictions on use of herd scheme)
1: In section EC 8 on arising from
2: After section EC 8(2) No election after 18 August 2011 to change from use of herd scheme
3: A valuation method other than the herd scheme is not available to a person, in an income year after the 2011–12 income year, for a type of specified livestock if the person—
a: gives a notice of election, with application beginning for or before the income year, to use the herd scheme for the type of specified livestock; and
b: does not give before 18 August 2011 a later notice of election, with application beginning for or before the income year, to use another valuation method for the type of specified livestock.
6: Sections and headings in subpart LC repealed (Tax credits for natural persons)
1: Repeal—
a: the heading before section LC 3
b: section LC 3
c: the heading before section LC 4
d: sections LC 4 LC 5
e: the heading before section LC 6
f: sections LC 6 to LC 8
g: the heading before section LC 9
h: section LC 9
i: the heading before section LC 10
j: sections LC 10 to LC 12
2: Subsection (1) applies for the 2012–13 and later tax years, except as given by subsection (3).
3: For the purposes of schedule 2 sections 24B 24H(7)
7: Section YA 1 amended (Definitions)
1: This section amends section YA 1
2: In the definition of civil union partner sections LC 4 and LC 13 (which relate to tax credits for natural persons) section LC 13 (Tax credits for independent earners)
3: Repeal the definition of compensation
4: Repeal the definition of engaged in full-time work
5: Repeal the definition of home
6: Repeal the definition of household member
7: Repeal the definition of housekeeper
8: Repeal the definition of housekeeping payments
9: Repeal the definition of institution
10: In the definition of non-refundable tax credit , excluding section LC 6 (Tax credits for housekeeping)
11: Repeal the definition of paid work
12: Repeal the definition of personal injury by accident
13: In the definition of separated person section LC 7 (Meaning of housekeeper),
14: In the definition of spouse section LC 4 (Tax credits for transitional circumstances) and
15: Subsections (2) to (14) apply for the 2012–13 and later tax years except as given by subsection (16).
16: For the purposes of sections LC 4 LC 5 schedule 2 sections 24B 24H(7)
8: Schedule 2—Basic tax rates for PAYE income payments
1: In schedule 2
a: in the heading, replace M ME ML M ME
b: in paragraph (b), replace M ME ML M ME
2: In schedule 2
a: in the heading, replace M ME ML M ME
b: in the words before the formula, replace M ME ML M ME
2: Amendments to Tax Administration Act 1994
9: Tax Administration Act 1994
This Part amends the Tax Administration Act 1994 2012-05-29 Tax Administration Act 1994 Section 12 comes into force on the day on which the Act receives the Royal assent 2013-04-01 Tax Administration Act 1994 Sections 10 and 11 come into force on 1 April 2013
10: Section 24B amended (PAYE tax codes)
1: In section 24B(3)(a) LC 4 or
2: Repeal section 24B(3)(b)
3: Subsections (1) and (2) apply for the 2013–14 and later tax years.
11: Section 24H amended (When entitlement to use tax code ends)
1: Repeal section 24H(7)
2: Subsection (1) applies for the 2012–13 and later tax years.
12: Section 41A amended (Returns by persons with tax credits for housekeeping payments and charitable or other public benefit gifts)
1: In the heading to section 41A housekeeping payments and
2: In section 41A(1) section LC 6 or
3: In section 41A(3)
a: delete housekeeping payments under section LC 6 of that Act and
b: replace payment or gift, or both, gift
4: In section 41A(4)
a: delete , in equal portions,
b: delete housekeeping payments and
c: replace payment or gift, or both, gift
5: Repeal section 41A(5)(a)
6: In section 41A(10) section LC 6 or
7: Subsections (1) to (6) apply for the 2012–13 and later tax years.


1: Title
This Act is the Student Loan Scheme (Budget Measures) Amendment Act 2012.
2: Commencement
1: This Act comes into force on 1 April 2013, except as provided in this section.
2: Sections 8 10(2) Section 2(2) amended 1 April 2014 section 76(2) Student Loan Scheme Amendment Act 2013
3: Principal Act
This Act amends the Student Loan Scheme Act 2011 principal Act 2013-04-01 Student Loan Scheme Act 2011 sections 5, 6, 7 2014-04-01 Student Loan Scheme Act 2011 sections 8 and 9
4: Purpose
This Act amends the Student Loan Scheme Act 2011
a: remove eligibility for, and entitlement to, a 10% bonus (a reduction in the loan balance by an amount equal to 10% of a borrower's excess repayment for the relevant tax year) in respect of an excess repayment made for the borrower for the 2013–14 or a later tax year; but
b: ensure an excess repayment bonus from an excess repayment by payments made for the 2012–13 tax year is determined and credited under the provisions that this Act repeals on 1 April 2013 for later tax years; and
c: ensure a borrower's overseas-based repayment obligation for the 2013–14 tax year is assessed taking into account any 2012–13 tax year excess repayment bonus of the borrower. Repeal of provisions on 10% bonus
5: Section 118 repealed (Interpretation)
1: Repeal section 118
2: Subsection (1) applies for the 2013–14 and later tax years.
6: Section 121 amended (Options that apply to excess repayments)
1: In section 121
2: Subsection (1) applies for the 2013–14 and later tax years.
7: Part 3, subpart 1 repealed
1: In Part 3 subpart 1
2: Subsection (1) applies for the 2013–14 and later tax years. Consequential changes to overseas-based repayment obligation
8: Section 110 amended (Repayment obligations of overseas-based borrowers)
1: In section 110(6)(b)(ii) ; and
2: In section 110(6)(b)
3: Subsections (1) and (2) apply for the 2014–15 and later tax years.
9: Section 111 amended (Exceptions to repayment obligations of overseas-based borrowers)
Section 9 repealed 1 April 2014 section 76(3) Student Loan Scheme Amendment Act 2013 Consequential repeals of spent amending provisions
10: Student Loan Scheme Amendment Act 2012 amended
1: This section amends the Student Loan Scheme Amendment Act 2012
2: Repeal sections 31(2) 32
3: Repeal sections 37 39 40 2013-04-01 Student Loan Scheme Amendment Act 2012 section 10(3) only 2014-04-01 Student Loan Scheme Amendment Act 2012 section 10(2) only


1: Title
This Act is the Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012.
2: Commencement
This Act comes into force on 1 July 2012
3: Principal Act
This Act amends the Social Security Act 1964 principal Act 2012-07-01 Social Security Act 1964
1: Applicable asset thresholds: Indexation
4: Purpose and application
1: This Part amends the Social Security Act 1964
2: By way of explanation, the applicable asset threshold is the value of assets applied to determine whether a resident assessed as requiring care must use his or her assets to pay the cost of contracted care services provided to the person.
3: The principal Act as amended by this Part on 1 July 2012 applies in respect of residents assessed as requiring care before, on, or after 1 July 2012.
5: Section 155 amended (Regulations relating to this Part)
1: In section 155(1)(i) increasing the applicable asset thresholds and
2: In section 155(2) income-from-assets exemption applicable asset thresholds set out in Part 1 of Schedule 27 must be increased on 1 July 2013, and on every following 1 July, and the
3: In section 155(2A) must insofar as they are required for the income-from-assets exemption (but not insofar as they are required for the applicable asset thresholds)
4: In section 155(3) the adjusted amount of an applicable asset threshold or, as the case requires, of
5: In section 155(3)(b) based on the applicable asset threshold or the
2: Applicable asset thresholds: General
6: Purpose and application
1: This Part amends the Social Security Act 1964
a: also apply for all later years beginning on 1 July; but
b: are, for the year 1 July 2012 to 30 June 2013, Consumers Price Index (or CPI) adjusted.
2: By way of explanation, the applicable asset threshold is the value of assets applied to determine whether a resident assessed as requiring care must use his or her assets to pay the cost of contracted care services provided to the person.
3: The principal Act as amended by this Part on 1 July 2012 applies in respect of residents assessed as requiring care before, on, or after 1 July 2012.
7: Schedule 27 amended
In Schedule 27
1: Applicable asset thresholds
1: This clause specifies the applicable asset thresholds that apply annually for the year 1 July 2012 to 30 June 2013 and for all later years beginning on 1 July.
2: Threshold A is $213,297 and applies to every resident assessed as requiring care—
a: who has no spouse or partner; or
b: whose spouse or partner is also a resident assessed as requiring care; or
c: whose spouse or partner is not a resident assessed as requiring care but who has elected, under clause 2
3: Threshold B is $116,806 and applies to every resident assessed as requiring care—
a: whose spouse or partner is not a resident assessed as requiring care; and
b: who has not elected, under clause 2
2: Certain residents may elect which threshold to apply
1: A resident assessed as requiring care whose spouse or partner is not a resident assessed as requiring care may elect to have Threshold A in clause 1 clause 1
2: A resident's election before 1 July 2012 and under this clause (as in force before 1 July 2012) to have Column A of the table in clause 1 (as in force before 1 July 2012) apply to him or her is, after 30 June 2012, treated as an election to have Threshold A in clause 1


1: Title
This Act is the New Zealand Public Health and Disability Amendment Act 2012.
2: Commencement
This Act comes into force on 1 July 2012.
3: Principal Act amended
This Act amends the New Zealand Public Health and Disability Act 2000 2012-07-01 New Zealand Public Health and Disability Act 2000 Amendments to principal Act
4: Outline
Section 5
7: A Crown entity called the Health Promotion Agency ( HPA sections 57 to 59
5: Interpretation
1: Section 6(1) CHFA
2: The definition of publicly-owned health and disability organisation section 6(1) CHFA HPA
3: Section 6(1) HPA section 57
6: New headings and sections 57 to 59AA substituted
Sections 57 to 59 Health Promotion Agency
57: Health Promotion Agency established
1: An organisation called the Health Promotion Agency ( HPA
2: HPA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28 of the Crown Entities Act 2004.
4: The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides otherwise.
58: Functions, duties, and powers of HPA
1: HPA must lead and support activities for the following purposes:
a: promoting health and wellbeing and encouraging healthy lifestyles:
b: preventing disease, illness, and injury:
c: enabling environments that support health and wellbeing and healthy lifestyles:
d: reducing personal, social, and economic harm.
2: HPA has the following alcohol-specific functions:
a: giving advice and making recommendations to government, government agencies, industry, non-government bodies, communities, health professionals, and others on the sale, supply, consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:
b: undertaking or working with others to research the use of alcohol in New Zealand, public attitudes towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.
3: Section 103(1) of the Crown Entities Act 2004 does not apply to HPA's functions under subsection (2), but HPA must have regard to any government policy that relates to those functions if so directed by the Minister.
4: HPA must also—
a: assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health Sponsorship Council that are transferred to HPA by section 17 New Zealand Public Health and Disability Amendment Act 2012
b: undertake any other functions that it is for the time being authorised to perform by the Minister by written notice to the board of HPA after consultation with the board.
59: Provisions relating to grants, sponsorship, and other matters
1: HPA may—
a: make grants to any body, association, or person engaged in any activity in any field with which HPA is concerned:
b: make advances to any such body, association, or person, on any terms and conditions as to the payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks fit:
c: charge any fees (if any) that it may from time to time think reasonable for any material published by it and made available to the public:
d: without further appropriation by Parliament, spend in any year any funds received by HPA in the previous year and not spent by HPA in the previous year:
e: commit itself to spend any money by way of sponsorship, subject to subsection (2).
2: The power to spend money by way of sponsorship is subject to the following limitations:
a: HPA must have the money in hand at the time; and
b: HPA must not, in any year (the current year
3: In this section, sponsorship
4: For the purpose of subsection (3),—
a: such assistance by HPA may (without limitation) take the form of—
i: money, whether by way of grant or otherwise; or
ii: goods and services; or
iii: trophies, prizes, awards, and scholarships:
b: such promotion by the person or organisation receiving assistance may (without limitation) take the form of—
i: publicising messages relating to health and wellbeing and healthy lifestyles; or
ii: publicising messages relating to ill-health and unhealthy lifestyles; or
iii: promoting HPA's aims and objectives.
5: This section (other than subsection (2)) does not limit sections 16 and 17 of the Crown Entities Act 2004. Levies
59AA: Levies for alcohol-related purposes
1: Levies may be imposed for the purpose of enabling HPA to recover costs it incurs—
a: in addressing alcohol-related harm; and
b: in its other alcohol-related activities.
2: Schedules 4A and 4B
7: Interpretation
The definition of organisation section 60
c: HPA:
8: Pharmac, NZBS, CHFA to operate in financially responsible manner
The heading to section 66 CHFA and HPA
9: Further provisions
Section 70 CHFA HPA
10: Regulations
Section 92
5: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for returns to be made by persons importing into or manufacturing in New Zealand any alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy payable under this Act, and providing for the verification of returns:
b: exempting any person or class of persons from paying any levy that would otherwise be payable under this Act in any case where the cost of assessing or collecting the levy exceeds the amount payable by way of the levy:
c: amending or replacing the table in Schedule 4B
6: Regulations under subsection (5)(c) may be made only—
a: for the purpose of aligning the rates for classes of alcohol under this Act with the classification system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996); and
b: after consultation with the Minister of Customs.
11: Amendments to Schedule 6
1: The heading to Schedule 6 CHFA HPA
2: The definition of organisation clause 1
c: HPA:
12: New Schedules 4A and 4B inserted
The Schedules 4A 4B Schedules 1 2 Schedule 4 Provisions relating to disestablishment of Alcohol Advisory Council and Health Sponsorship Council
13: Repeal and revocations relating to Alcohol Advisory Council
1: The Alcohol Advisory Council Act 1976
2: The Alcohol Advisory Council (Schedule Amendment) Order 2009
3: The following orders and regulations continue to have effect and may be amended or revoked under the New Zealand Public Health and Disability Act 2000
a: every Alcohol Advisory Council Levy Order made under section 27
b: Alcohol Advisory Council Regulations 1978 2012-07-01 Alcohol Advisory Council Act 1976 Alcohol Advisory Council (Schedule Amendment) Order 2009
14: Amendments to Smoke-free Environments Act 1990 relating to Health Sponsorship Council
1: This section amends the Smoke-free Environments Act 1990
2: The definition of Council section 2(1)
3: Part 3 2012-07-01 Smoke-free Environments Act 1990
15: Interpretation
In sections 16 to 24 Alcohol Advisory Council section 3(1) Health Sponsorship Council section 43(1)
16: Disestablishment of councils
On the commencement of this section,—
a: the Alcohol Advisory Council and the Health Sponsorship Council are disestablished; and
b: the term of office of the members of those councils ends.
17: Transfer of property and liabilities of councils
On and from the commencement of this section,—
a: all real and personal property of the Alcohol Advisory Council and the Health Sponsorship Council vests in HPA free of all trusts; and
b: all rights of those councils vest in HPA; and
c: all money payable to either of those councils is payable to HPA; and
d: all liabilities of each of those councils vest in HPA; and
e: all proceedings pending by or against either of those councils may be continued, completed, or enforced by or against HPA.
18: Transfer not gift, supply of goods and services, or disposition for certain purposes
To avoid doubt, anything transferred to HPA by section 17
a: a dutiable gift for the purposes of the Estate and Gift Duties Act 1968
b: a supply of goods and services for the purposes of the Goods and Services Tax Act 1985
c: a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007
19: Compensation
No member of the Alcohol Advisory Council or the Health Sponsorship Council is entitled to compensation for loss of office resulting from the disestablishment of the council.
20: Restriction of compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from the council to HPA; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in HPA (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in HPA.
2: In this section, equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the council (and any other period of service recognised by the council as continuous service) as if it were continuous service with HPA.
3: This section overrides Part 6A
21: Application of collective agreements to employees
1: This section limits which employees may be bound by a collective agreement that binds the chief executive of the Alcohol Advisory Council or of the Health Sponsorship Council before a transfer of functions from those councils to HPA and that, as a consequence of section 17
2: After that transfer of functions, the only employees of HPA who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in HPA that has been established (whether or not previously existing in any of those councils) to enable HPA to perform the transferred functions.
3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1) 57 62(3) 63(3) 243
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
22: Superannuation
1: Any employee of the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health who, immediately before becoming an employee of HPA, is a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1)
4: For the purpose of applying the Government Superannuation Fund Act 1956
23: Consequential changes to references to former councils
If an enactment or other thing refers to the Alcohol Advisory Council or the Health Sponsorship Council and that reference is no longer appropriate because the council referred to has been disestablished, the reference must be read as a reference to HPA.
24: Consequential changes to references to chief executives following reorganisations
If an enactment or other thing refers to a chief executive of the Alcohol Advisory Council or of the Health Sponsorship Council and that reference is no longer appropriate because the council referred to has been disestablished, the reference must be read as a reference to the chief executive of HPA.
25: Application of consequential changes to references
1: Sections 23 24
a: apply to things that are in force or existing at the time of the disestablishment of the council (whether coming into force, entered into, or created before or after the commencement of this section); and
b: apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
2: An Order in Council made under section 35 sections 23 24
3: Sections 23 24
a: apply to collective employment agreements; but
b: do not apply to individual employment agreements.
26: Consequential amendments
The Acts specified in Schedule 3 2012-07-01 Crown Entities Act 2004 Health Sector (Transfers) Act 1993 Official Information Act 1982 Ombudsmen Act 1975 see section 34 for further amendments to above Acts to be taken in from Schedule 4 Provisions relating to disestablishment of Crown Health Financing Agency
27: Disestablishment of Crown Health Financing Agency
On the commencement of this section, the Crown Health Financing Agency is disestablished.
28: Transfer of property and liabilities of Crown Health Financing Agency
On and from the commencement of this section,—
a: all real and personal property of the Crown Health Financing Agency (the Agency
b: all rights of the Agency vest in the Crown; and
c: all money payable to the Agency is payable to the Crown; and
d: all liabilities of the Agency vest in the Crown; and
e: all proceedings pending by or against the Agency may be continued, completed, or enforced by or against the Crown.
29: Transfer not gift, supply of goods and services, or disposition for certain purposes
To avoid doubt, anything transferred to the Crown by section 28
a: a dutiable gift for the purposes of the Estate and Gift Duties Act 1968
b: a supply of goods and services for the purposes of the Goods and Services Tax Act 1985
c: a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007
30: Compensation
No member of the Crown Health Financing Agency is entitled to compensation for loss of office resulting from the disestablishment of the Agency.
31: Restriction of compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Crown Health Financing Agency has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from the Agency to a department; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in the department (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in the department.
2: In this section, equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Agency (and any other period of service recognised by the Agency as continuous service) as if it were continuous service with the department.
3: This section overrides Part 6A
32: Application of collective agreements to employees
1: This section limits which employees may be bound by a collective agreement that bind the chief executive of the Crown Health Financing Agency before a transfer of functions from the Agency to a department and that, as a consequence of section 28
2: After that transfer of functions, the only employees of the department who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in the department that has been established (whether or not previously existing in the Agency) to enable the department to perform the transferred functions.
3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1) 57 62(3) 63(3) 243
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
33: Superannuation
1: Any employee of the Crown Health Financing Agency who, immediately before becoming an employee of a department, is a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
4: For the purpose of applying the Government Superannuation Fund Act 1956
34: Consequential amendments
The Acts specified in Schedule 4 Other matters
35: Other savings and transitional matters
The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment of an entity under this Part, including the transfer of functions formerly carried out by the entity.


1: Title
This Act is the Mental Health Commission Amendment Act 2012
2: Commencement
This Act comes into force on 1 July 2012.
3: Principal Act amended
This Act amends the Mental Health Commission Act 1998 2012-07-01 Mental Health Commission Act 1998 This Act should firstly be amended and history note inserted, etc, and once this is done, should be revoked at the same time. Amendment to principal Act
4: Expiry and repeal of Act
Section 13
1: This Act expires on the close of 30 June 2012. Other amendments
5: Amendments to Health and Disability Commissioner Act 1994
1: This section amends the Health and Disability Commissioner Act 1994
2: Section 9
9: Deputy Commissioners and Mental Health Commissioner
1: One or more Deputy Health and Disability Commissioners may be appointed in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as a Deputy Commissioner.
2: A person may be appointed as the Mental Health Commissioner in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as the Mental Health Commissioner.
3: A person who is a Deputy Commissioner or the Mental Health Commissioner has any powers, duties, and functions that—
a: the Commissioner delegates to him or her under section 68(3A); and
b: he or she may exercise and perform under subsection (4)
4: During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised and performed by—
a: a person appointed under this section who is nominated for the purpose by the Commissioner before the absence or vacancy by a written notice that is in force at the time of the absence or vacancy; or
b: if there is no such notice, the longest serving person appointed under this section.
3: Section 14(1)
ma: to monitor mental health and addiction services and to advocate improvements to those services: .
4: Section 68(2) or the Mental Health Commissioner a Deputy Commissioner
5: Clause 4(5) or the Mental Health Commissioner Deputy Commissioner
6: The person who, immediately before the commencement of this section, was the chairperson of the Mental Health Commission is deemed to have been appointed as the first Mental Health Commissioner until the close of 31 August 2015 and holds that new office on the same terms and conditions as he or she held that former office (as if determined by the Remuneration Authority). 2012-07-01 Health and Disability Commissioner Act 1994
6: Revocation
The Mental Health Commission Act (Postponement of Expiry) Order 2004 2012-07-01 Mental Health Commission Act (Postponement of Expiry) Order 2004
7: Consequential amendments
1: The Remuneration Authority Act 1977 Schedule 1
2: On the expiry of the Mental Health Commission Act 1998 Schedule 2 2012-07-01 Remuneration Authority Act 1977 Crown Entities Act 2004 Official Information Act 1982 Ombudsmen Act 1975


Charities Amendment Act (No 2) 2012

1: Title
This Act is the Charities Amendment Act (No 2) 2012.
2: Commencement
This Act comes into force on 1 July 2012.
3: Principal Act amended
This Act amends the Charities Act 2005 2012-07-01 Charities Act 2005 Amendments to principal Act
4: Heading to Part 1 amended
The heading to Part 1 Charities Commission Preliminary matters and functions relating to charities
5: New section 3 substituted
Section 3
3: Purpose
The purpose of this Act is—
a: to promote public trust and confidence in the charitable sector:
b: to encourage and promote the effective use of charitable resources:
c: to provide for the registration of societies, institutions, and trustees of trusts as charitable entities:
d: to require charitable entities and certain other persons to comply with certain obligations:
e: to provide for the Board to make decisions about the registration and deregistration of charitable entities and to meet requirements imposed in relation to those functions:
f: to provide for the chief executive to carry out functions under this Act and to meet requirements imposed in relation to those functions.
6: Interpretation
1: The definition of Commission section 4(1)
2: Section 4(1) Board section 8 chief executive department
7: New heading and sections 8 to 12 substituted
Sections 8 to 12 Board and chief executive
8: Establishment, functions, duties, and powers of Board
1: A Board comprising 3 members appointed by the Minister is established.
2: The Minister must notify in the Gazette
a: the names of the members of the Board; and
b: the name of the chairperson of the Board.
3: The Board has the functions, duties, and powers relating to the registration and deregistration of charitable entities that are conferred or imposed on it by this Act.
4: In performing or exercising his or her functions, duties, or powers, each member of the Board—
a: must act independently in exercising his or her professional judgement; and
b: is not subject to direction from the Minister.
5: The Board must, subject to subsection (6) section 9
6: The chief executive must supply all secretarial and administrative services required to enable the Board to perform or exercise its functions, duties, and powers.
7: The Schedule
9: Board may delegate
1: The Board may, either generally or particularly and by resolution, delegate any of its functions, duties, or powers under this Act to—
a: the chief executive; or
b: any member of the Board.
2: If functions, duties, or powers are delegated to the chief executive under subsection (1)
a: the chief executive is not responsible to the Minister for the performance or exercise of those functions, duties, or powers but must act independently in exercising his or her professional judgement; and
b: the chief executive may delegate those functions or powers to employees or holders of specified offices in the department under section 41 of the State Sector Act 1988.
3: No delegation under subsection (1) or (2)(b)
4: The Board must not make a delegation under this section unless satisfied that the delegation is consistent with section 8(5)
5: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
10: Functions of chief executive
The functions of the chief executive are—
a: to educate and assist charities in relation to matters of good governance and management, for example,—
i: by issuing guidelines or recommendations on the best practice to be observed by charities and by persons concerned with the management or administration of charities:
ii: by issuing model rules:
iii: by providing information to charities about their rights, duties, and obligations under this Act and other enactments; and
b: to make appropriate information available to assist persons to make applications for registration under this Act; and
c: to receive and process applications for registration as charitable entities; and
d: to refer to the Board for its decision all applications for registration as charitable entities and proposals for deregistration as charitable entities; and
e: to ensure that the register of charitable entities is compiled and maintained; and
f: to receive, consider, and process annual returns submitted by charitable entities; and
g: to supply information and documents in appropriate circumstances for the purposes of the Inland Revenue Acts; and
h: to monitor charitable entities and their activities to ensure that entities that are registered as charitable entities continue to be qualified for registration as charitable entities; and
i: to inquire into charitable entities and into persons who have engaged in, or are engaging in, conduct that constitutes, or may constitute, a breach of this Act or serious wrongdoing in connection with a charitable entity; and
j: to monitor and promote compliance with this Act, including by taking prosecutions for offences against this Act in appropriate circumstances; and
k: to stimulate and promote research into any matter relating to charities, for example,—
i: by collecting and disseminating information or research about charities:
ii: by advising on areas where further research or information about charities should be undertaken or collected:
iii: by entering into contracts or arrangements for research or information about charities to be undertaken or collected.
11: Status of entity does not affect performance of functions
1: The Board and the chief executive may perform functions to which this section applies in relation to any charity regardless of whether the charity is registered as a charitable entity.
2: This section applies to the functions of the Board and the chief executive that relate to—
a: the promotion of public trust and confidence in the charitable sector; or
b: the encouragement and promotion of the effective use of charitable resources; or
c: the provision of education and assistance to charities in relation to matters of good governance and management; or
d: the stimulation and promotion of research into any matter relating to charities.
12: Annual meeting with representatives of charitable entities
1: The chief executive must hold at least 1 meeting in each year with representatives of charitable entities.
2: At each meeting, the representatives of charitable entities who attend the meeting must be given a reasonable opportunity to—
a: ask questions concerning the operation of this Act; and
b: make submissions on the operation of this Act to the chief executive.
8: New Schedule added
The Schedule set out in Schedule 1 Provisions relating to disestablishment of Charities Commission
9: Disestablishment of Charities Commission
The Charities Commission is disestablished.
10: Compensation
No member of the Charities Commission is entitled to compensation for loss of office resulting from the disestablishment of the Commission.
11: Transfer of property and liabilities of Commission
On the commencement of this section,—
a: all real and personal property of the Charities Commission and all rights and liabilities of the Commission vest in the Crown; and
b: all proceedings pending by or against the Commission may be continued, completed, or enforced by or against the Crown; and
c: the Commission's work in progress may be carried on and completed by the chief executive or the Board.
12: Restriction of compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Charities Commission has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from the Commission to the chief executive; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in the department (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in the department.
2: In this section, equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Commission (and any other period of service recognised by the Commission as continuous service) as if it were continuous service with the department.
3: This section overrides Part 6A
13: Application of collective agreements to employees
1: This section limits which employees may be bound by a collective agreement that binds the chief executive of the Charities Commission before a transfer of functions from the Commission to the chief executive of the department and that, as a consequence of section 11
2: After that transfer of functions, the only employees of the department who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in the department that has been established (whether or not previously existing in the Commission) to enable the chief executive to perform the transferred functions.
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1) 57 62(3) 63(3) 243
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
14: Superannuation
1: Any employee of the Charities Commission who, immediately before becoming an employee of the department, is a contributor to the Government Superannuation Fund under Part 2 2A
2: Subsection (1)
3: For the purpose of applying the Government Superannuation Fund Act 1956
15: Other savings and transitional matters
1: The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment of the Charities Commission, including the transfer of functions formerly carried out by the Commission.
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 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Consequential amendments
1: The principal Act is amended in the manner indicated in Schedule 2
2: The Acts specified in Part 1
3: The Charities (Fees and Other Matters) Regulations 2006 Part 2 2012-07-01 Charities Amendment Act 2012 Crown Entities Act 2004 Major Events Management Act 2007 Ombudsmen Act 1975 Tax Administration Act 1994 Charities (Fees and Other Matters) Regulations 2006


1: Title
This Act is the State-Owned Enterprises Amendment Act 2012.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates. Section 2 brought into force 8 March 2013 clause 2 (SR 2013/34) Section 2 brought into force 30 August 2013 clause 2 (SR 2013/322) Section 2 brought into force 7 March 2014 clause 2 (LI 2014/65) Section 2 brought into force 20 December 2019 clause 2 State-Owned Enterprises Amendment Act 2012 (Solid Energy New Zealand Limited) Commencement Order 2019 Amendments to State-Owned Enterprises Act 1986
3: Amendments to State-Owned Enterprises Act 1986
Sections 4 5 State-Owned Enterprises Act 1986 SR 2013/34 2013-03-08 State-Owned Enterprises Act 1986 Sections 3, 4(3) and 5(3) SR 2013/322 2013-08-30 State-Owned Enterprises Act 1986 Sections 4(2) & 5(2) OIC SR 2014/65 2014-03-07 State-Owned Enterprises Act 1986 Sections 4(1) and 5(1) OIC LI 2019/320 2019-12-20 State-Owned Enterprises Act 1986 Sections 4(4) and 5(4).
4: Schedule 1 amended
1: In Schedule 1 Genesis Energy Limited
2: In Schedule 1
3: In Schedule 1
4: In Schedule 1 Section 4(1) amended 21 November 2013 clause 4 State-Owned Enterprises (Genesis Energy Limited) Order 2013
5: Schedule 2 amended
1: In Schedule 2 Genesis Energy Limited
2: In Schedule 2
3: In Schedule 2
4: In Schedule 2 Section 5(1) amended 21 November 2013 clause 4 State-Owned Enterprises (Genesis Energy Limited) Order 2013 Amendments to other enactments
6: Amendments to Ombudsmen Act 1975
1: This section amends the Ombudsmen Act 1975
2: In Schedule 1, Part 2 Genesis Energy Limited
3: In Schedule 1, Part 2
4: In Schedule 1, Part 2
5: In Schedule 1, Part 2 SR 2013/34 2013-03-08 Ombudsmen Act 1975 Sections 6(1) and (4) SR 2013/322 2013-08-30 Ombudsmen Act 1975 Section 6(3) OIC SR 2014/65 2014-03-07 Ombudsmen Act 1975 Section 6(2) OIC LI 2019/320 2019-12-20 Ombudsmen Act 1975 Section 6(5) Section 6(2) amended 21 November 2013 clause 4 State-Owned Enterprises (Genesis Energy Limited) Order 2013
7: Amendment to Official Information Act 1982
1: This section amends the Official Information Act 1982
2: In Schedule 1 OIC LI 2019/320 2019-12-20 Official Information Act 1982 Section 7 comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates
8: Amendments to Public Finance Act 1989
1: This section amends the Public Finance Act 1989
2: In Schedule 5 Genesis Energy Limited
3: In Schedule 5 Meridian Energy Limited
4: In Schedule 5 Mighty River Power Limited
5: In Schedule 5 Solid Energy New Zealand Limited SR 2013/34 2013-03-08 Public Finance Act 1989 Sections 8(1) and (4) SR 2013/322 2013-08-30 Public Finance Act 1989 Section 8(3) OIC SR 2014/65 2014-03-07 Public Finance Act 1989 Section 8(2) OIC Public Finance Act 1989 Sections 8(5) come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates Section 8(2) amended 21 November 2013 clause 4 State-Owned Enterprises (Genesis Energy Limited) Order 2013
9: Amendments to Income Tax Act 2007
Sections 10 11 Income Tax Act 2007 SR 2013/34 2013-03-08 Income Tax Act 2007 Sections 9, 10(3) and 11(3) SR 2013/322 2013-08-30 Income Tax Act 2007 Sections 10(2) & 11(2) OIC SR 2014/65 2014-03-07 Income Tax Act 2007 Section 10(1) & 11(1) OIC LI 2019/320 2019-12-20 Income Tax Act 2007 Section 10(4) OIC Income Tax Act 2007 Section 11(4) come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates
10: Income Tax Act 2007, Schedule 36, Part A amended
1: In Schedule 36 Genesis Energy Limited
2: In Schedule 36
3: In Schedule 36
4: In Schedule 36 Section 10(1) amended 21 November 2013 clause 4 State-Owned Enterprises (Genesis Energy Limited) Order 2013
11: Income Tax Act 2007, Schedule 36, Part B amended
1: In Schedule 36 Genesis Energy Limited
2: In Schedule 36 Meridian Energy Limited
3: In Schedule 36 Mighty River Power Limited
4: In Schedule 36 Solid Energy New Zealand Limited Section 11(1) amended 21 November 2013 clause 4 State-Owned Enterprises (Genesis Energy Limited) Order 2013


1: Title
This Act is the Appropriation (2011/12 Supplementary Estimates) Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 9 Schedule 3 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2012.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2012 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and
c: specify an appropriation to which output expenses may be charged against third-party revenue in accordance with section 21
d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
e: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— scope shown in the Supplementary Estimates
a: for each multi-class output expense appropriation under section 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 7 8 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 9 Type, Title, Scope and Period of Appropriations Supplementary Estimates
a: The Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2012
b: Addition to the Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2012 this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations additional to, or in reduction of, other appropriations
1: The appropriations authorised by sections 7 8
2: The appropriations authorised by section 9(1) to (3) multi-year appropriations
7: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1)
a: either—
i: the amount authorised by the Appropriation (2011/12 Estimates) Act 2011 column 4 of Schedule 1
ii: if no amount was authorised by the Appropriation (2011/12 Estimates) Act 2011 column 4 of Schedule 1
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1)
a: the amount authorised by the Appropriation (2011/12 Estimates) Act 2011 column 4 of Schedule 2
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for—
a: each of the categories of output expenses set out in column 3 of Schedule 3
b: each of the categories of other expenses set out in column 3 of Schedule 3
c: each of the categories of capital expenditure set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1)
a: the period specified in column 4 of Schedule 3
b: either—
i: the amount authorised by the previous authorities specified in column 6 of Schedule 3 column 5 of Schedule 3
ii: if no previous authority is specified in column 6 of Schedule 3 column 5 of Schedule 3
c: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
4: The authority to incur expenses provided by the appropriation under section 9 section 9
5: The authority to incur expenses provided by the appropriation under section 8 section 9 subsections (1) to (3)
6: The authority to incur expenses provided by the appropriation under section 9
7: The authority to incur expenses provided by the appropriation under section 8 subsections (1) to (3)
8: The authority to incur expenses provided by the appropriation under section 8 subsections (1) to (3)
10: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriation to which output expenses may be charged under section 21 Schedule 4
11: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 5
a: column 3
b: column 8
c: column 9
12: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs listed in Schedule 6
a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A


1: Title
This Act is the Imprest Supply (First for 2012/13) Act 2012.
2: Commencement
This Act comes into force on 1 July 2012.
3: Repeal of this Act
1: Sections 6 7 10
2: The rest of this Act is repealed on the close of 30 June 2013. Sections 6, 7, and 10 are repealed on the coming into force of the first Appropriation Act for the 2012/13 year. 2012-08-28 Imprest Supply (First for 2012/13) Act 2012 Sections 6, 7, and 10 came into force with the commencement of the Appropriation (2012/13 Estimates) Act 2012 pco=16097 which is 28 August 2012. 2013-07-01 Imprest Supply (First for 2012/13) Act 2012 The rest of this Act is repealed on the close of 30 June 2013—Section 3(1) says that sections 6, 7 and 10 are repealed on the coming into force of the first Appropriation Act for the 2012/13 year (this is still at the bar 1 stage (pco 16097) so we do not know the date as the commencement clause is day after assent). On 1 July 2013, section 3(2) pertains to the rest of this Act being repealed, please also check to see if sections 6, 7 and 10 are repealed (Peter).
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2012/13 year in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2011/12 Supplementary Estimates) Act 2012
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2012/13 year department section 2(1) expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements responsible Minister Vote section 2(1)
6: Authority to incur expenses
Section 6 repealed 28 August 2012 section 3(1)
7: Authority to incur capital expenditure
Section 7 repealed 28 August 2012 section 3(1)
8: Appropriation required
1: All expenses incurred under section 6(1) and all capital expenditure incurred under section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2012/13 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority under this Act is authority for purposes of sections 4(1) and 26C(1) of Public Finance Act 1989
1: The authority given by this Act to incur expenses or capital expenditure in advance of appropriation is an authority under an Act for the purposes of sections 4(1) 26C(1)
2: However, subsection (1) does not apply to expenses or capital expenditure for which no appropriation is made in accordance with section 8(1)
10: Authority to exceed net assets confirmed in Appropriation Act
Section 10 repealed 28 August 2012 section 3(1)