Citizenship Amendment Act 2005

1: Title
1: This Act is the Citizenship Amendment Act 2005.
2: In this Act, the Citizenship Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) ordinarily resident
4: Special provisions relating to parentage
1: Section 3(1) paragraph (a)
a: he is or was married to, or in a civil union or a de facto relationship with, that other person's mother at any time during the period commencing with that other person's conception and ending with that other person's birth; or .
2: Section 3
2B: For the purposes of this Act, a person is deemed to be the child of a person entitled to be in New Zealand indefinitely if—
a: he or she has been adopted in New Zealand on or after 1 January 2006, by an adoption order within the meaning of and made under the Adoption Act 1955 Immigration Act 1987
b: he or she has been legally adopted in the Cook Islands, Niue, or Tokelau on or after 1 January 2006, by an adoption order that has the same operation and effect as an adoption order made under the Adoption Act 1955 Immigration Act 1987 and, in any such case,—
c: the terms father mother parent
d: the person is deemed to have been born when and where the adoption order was made; but
e: on the discharge for any reason of the adoption in accordance with section 20 of the Adoption Act 1955
3: Section 3
5A: In subsection 3(1)(a) de facto relationship section 2D of the Property (Relationships) Act 1976
a: the reference to 18 years in subsection (1)(a) of that section
b: a person who has attained the age of 16 years but who is younger than 18 years may be treated as having a de facto relationship with another person only if—
i: the person is under the guardianship of a court, and the court has on an application for the purpose consented to the relationship; or
ii: in the case of a person not under the guardianship of a court, the person's parents and guardians have consented to the relationship.
5: Citizenship by birth
1: Section 6 subsection (1)
1: Subject to subsection (2)
a: the person was born in New Zealand on or after l January 1949 and before 1 January 2006; or
b: the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was—
i: a New Zealand citizen; or
ii: entitled in terms of the Immigration Act 1987
2: Section 6 subsection (3)
3: Despite subsections (1) and (2)
a: every person born in New Zealand on or after 1 January 1978 is a New Zealand citizen by birth if the person would otherwise be stateless:
b: a person is deemed to be a New Zealand citizen by birth if—
i: the person, having recently been born, has been found abandoned in New Zealand; and
ii: investigations have failed to establish the identity of at least one of the person's parents.
3: Section 6
5: Despite section 7
a: the person is born in the Independent State of Samoa; and
b: but for reasons of medical necessity requiring the mother to travel from Tokelau to the Independent State of Samoa to give birth to the person, the person would have been born in Tokelau; and
c: at the time of the person's birth the person would have been a New Zealand citizen by birth under subsection (1)
6: A person who is a New Zealand citizen by birth does not lose his or her New Zealand citizenship by reason of the person being adopted by a parent or parents who are neither—
a: New Zealand citizens; nor
b: persons entitled to reside indefinitely in New Zealand in terms of the Immigration Act 1987
6: Citizenship by descent
Section 7 subsection (1)
1: Every person born outside New Zealand on or after 1 January 1978 is a New Zealand citizen by descent if, at the time of the person's birth,—
a: his or her mother or father was a New Zealand citizen otherwise than by descent; or
b: his or her mother or father was a New Zealand citizen by descent, and the person would otherwise be stateless.
7: New sections substituted
The principal Act is amended by repealing sections 8 8A 9
8: Citizenship by grant
1: The Minister may authorise the grant of New Zealand citizenship to any person, including a person who may be a New Zealand citizen by descent, who—
a: has attained the age of 16 years; and
b: is of full capacity; and
c: applies for citizenship in the prescribed manner; and
d: satisfies the Minister that he or she meets each of the requirements specified in subsection (2)
2: The requirements referred to in subsection (1)(d)
a: that the applicant is entitled in terms of the Immigration Act 1987
b: that the applicant was present in New Zealand—
i: for a minimum of 1 350 days during the 5 years immediately preceding the date of the application; and
ii: for at least 240 days in each of those 5 years,— being days during which the applicant was entitled in terms of the Immigration Act 1987
c: that the applicant is of good character:
d: that the applicant has sufficient knowledge of the responsibilities and privileges attaching to New Zealand citizenship:
e: that the applicant has sufficient knowledge of the English language:
f: that the applicant intends, if granted New Zealand citizenship, either—
i: to continue to reside in New Zealand; or
ii: to enter into or continue in Crown service under the New Zealand Government, or service under an international organisation of which the New Zealand Government is a member, or service in the employment of a person, company, society, or other body of persons resident or established in New Zealand.
3: For the purposes of subsection (2)(a)
a: requirements have been imposed under the Immigration Act 1987
b: those requirements have not been met in full or cancelled at the time of the person's application for citizenship.
4: The Minister may, after consultation with the Minister of Immigration,—
a: waive the requirement in subsection (2)(a)
b: waive the requirement in subsection (2)(b)
i: for a minimum of 1 350 days during the 5 years immediately preceding the date of the application; and
ii: for at least 240 days in each of those 5 years,— being days during which the applicant was entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.
5: For the purposes of subsection (2)(b)
a: the applicant was in Crown service under the New Zealand Government; or
b: the applicant was outside New Zealand because the applicant was accompanying his or her spouse or civil union or de facto partner who was a New Zealand citizen in Crown service under the New Zealand Government.
6: For the purposes of subsection (4)(b)
a: the applicant served in the public service of the Government of the Cook Islands, Niue, or Tokelau; or
b: the applicant was outside New Zealand because the applicant was accompanying his or her spouse or civil union or de facto partner who was a New Zealand citizen serving in the public service of the Cook Islands, Niue, or Tokelau.
7: If the Minister is satisfied in a particular case that there are exceptional circumstances particular to the applicant that would justify such a course, the Minister may accept the presence by the applicant for a lesser number of days as being sufficient compliance with—
a: the requirements of subsection (2)(b)
i: was physically present in New Zealand for not less than 450 days during the 20-month period immediately preceding the date of the application for citizenship; and
ii: was entitled in terms of the Immigration Act 1987
b: the requirements of subsection (4)(b)
i: was physically present in the Cook Islands, Niue, or Tokelau for not less than 450 days during the 20-month period immediately preceding the date of the application for citizenship; and
ii: was entitled to be in the Cook Islands, Niue, or Tokelau indefinitely during each of those 450 days.
8: The Minister may waive the requirement in subsection (2)(e)
9: For the purposes of subsection (2)(f)
a: the intention referred to in subsection (2)(f)(i) section 12
b: the Minister may treat an applicant as intending to continue to reside in New Zealand if the applicant intends to accompany his or her New Zealand citizen spouse or civil union or de facto partner on Crown service for the New Zealand Government or public service for the Government of the Cook Islands, Niue, or Tokelau.
9: Grant of citizenship in special cases
1: Without limiting anything in section 8
a: who has not yet attained the age of 16 years; or
b: whose father or mother was, at the time of that person's birth, a New Zealand citizen by descent; or
c: if the Minister is satisfied that granting a certificate of New Zealand citizenship to the applicant would be in the public interest because of exceptional circumstances of a humanitarian or other nature relating to the applicant; or
d: if the person would otherwise be stateless.
2: In considering whether to authorise the grant of New Zealand citizenship to any person under subsection (1)
a: may have regard to such of the requirements of section 8(2) section 8(3) to (9)
b: must have regard to the requirements of section 9A(1) section 9A(2) and (3)
9A: Disqualifying convictions
1: Except as provided in subsection (2) section 8 or section 9
a: the person was sentenced on conviction to—
i: a term of imprisonment of 5 years or more; or
ii: an indefinite term of imprisonment capable of running for 5 years or more; or
b: within the preceding 7 years the person was subject to a sentence of imprisonment of less than 5 years or was subject to release under subpart 2 of Part 1 of the Parole Act 2002
c: within the preceding 3 years the person was convicted of an offence but did not receive a sentence of imprisonment.
2: The Minister may however authorise a grant of citizenship to a person to whom subsection (1) section 8 or section 9
3: Nothing in this section limits the Minister's discretion to refuse a grant of citizenship if the Minister is not satisfied that the applicant is of good character.
9B: Minister may rescind approval at any time up until applicant becomes citizen
Notwithstanding that the Minister may have authorised a grant of citizenship under section 8 or section 9 section 12
8: New section substituted
The principal Act is amended by repealing section 11
11: Minister may require oath or affirmation of allegiance to be taken
1: The Minister may, in such case or class of cases as the Minister thinks fit, make the grant of New Zealand citizenship conditional upon the applicant taking an oath of allegiance in the form specified in Schedule 1
2: Unless the Minister agrees otherwise, the oath or affirmation must be taken or made at a public citizenship ceremony.
9: Renunciation of citizenship
Section 15(3)(a) ordinarily
10: Deprivation of New Zealand citizenship in special cases
1: The heading of section 16 on acquisition of other citizenship, etc in special cases
2: Section 16(a) other than marriage,
11: Deprivation of New Zealand citizenship in case of fraud, etc
1: Section 17(2) or grant grant, or any grant requirement
2: Section 17
3: The Minister may not deprive a person of New Zealand citizenship under subsection (2)
a: the citizenship was acquired by mistake; and
b: to deprive the person of that citizenship would leave the person stateless.
12: Disclosure of citizenship information to certain specified agencies for certain purposes
1: Section 26A(6) citizenship information ; and includes information as to any change of identity or gender
2: Section 26A subsection (5)
5A: Despite anything in this section, the Secretary may disclose information about a person's citizenship status or the citizenship status of a person's parent or parents to the Registrar-General appointed under section 79(1) of the Births, Deaths, and Marriages Registration Act 1995
13: New section inserted
The principal Act is amended by inserting, after section 26A
26B: Access to information for citizenship purposes
1: The Secretary and the chief executive of the Department of Labour (the chief executive Immigration Act 1987
a: citizenship investigations and the accurate assessment of applications for a grant of citizenship; or
b: determining whether a person is a New Zealand citizen by birth.
2: An agreement entered into under subsection (1)
3: Before entering into an agreement under subsection (1) subsection (2)
4: The Privacy Commissioner may require the Secretary and the chief executive to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months.
5: For citizenship purposes, the Secretary or designated officers of the Department of Internal Affairs may access information held by the chief executive only in accordance with an agreement entered into under this section.
14: New section substituted
The principal Act is amended by repealing section 27
27: Offences and penalties
1: Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine not exceeding $15,000, or both, who—
a: for the purpose of procuring anything to be done or not to be done under this Act,—
i: makes any statement that he or she knows to be false in a material particular; or
ii: recklessly makes any statement that is false in a material particular; or
b: knowingly or recklessly submits false or forged documents to support a citizenship application; or
c: in contravention of section 24
i: alters or defaces a document; or
ii: fails to deliver a document; or
d: knowingly or recklessly lends or parts with a document (as defined in section 24(1)
e: knowingly resists, obstructs, or deceives any person who is exercising or attempting to exercise any function or power imposed or conferred under this Act.
2: Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine not exceeding $50,000, or both, who, knowingly and without reasonable excuse,—
a: records, deletes, or alters any entry in a citizenship register or database; or
b: takes a citizenship document (including any blank certificate) from where it is officially kept; or
c: issues a citizenship document to a person who has no lawful entitlement to the document.
15: Schedule 4 amended
Schedule 4 Specified agency Purpose Registrar-General appointed under section 79(1) Births, Deaths, and Marriages Registration Act 1995 For the Registrar-General to be satisfied whether or not a person is a New Zealand citizen
16: Amendments to other Acts
The Acts set out in the Schedule are amended in the manner indicated in that schedule. Transitional provision
17: Transitional provisions in relation to applications for citizenship
1: Nothing in new sections 8 9 9A 9B sections 8 8A 9
2: An application for a grant of citizenship made during the 5-year period commencing with the date of commencement of this Act by a person of a kind described in subsection (3) sections 8 9 9A 9B
a: subsections (2)(b), (4)(b) and (7) of the new section 8
b: there were substituted for those provisions subsections (2)(a), and (4) of the former section 8
c: subsections (5) and (6) of the new section 8 section 8(2)(a)
d: for the purposes of the former section 8(2)(a) (4) ordinarily resident in New Zealand—
i: includes time spent in New Zealand before the commencement of the Immigration Act 2009
ii: does not include any time during which the person was unlawfully in New Zealand.
3: Subsection (2)
a: before the date of commencement of this Act was entitled in terms of the Immigration Act 1987
b: became so entitled on or after the date of commencement of this Act pursuant to an application made under the Immigration Act 1987 Immigration Act 2009
4: In this section,— former new section 7 Section 17(2)(d)(i) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 17(3)(b) substituted 29 November 2010 section 406(1) Immigration Act 2009


Passports Amendment Act 2005

1: Title
1: This Act is the Passports Amendment Act 2005.
2: In this Act, the Passports Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Title amended
The Title of the principal Act is amended by omitting the words and emergency travel documents emergency travel documents, and refugee travel documents
4: Interpretation
1: Section 2 applicant applicant .
2: Section 2
a: by inserting in the definition of certificate of identity emergency travel document or a refugee travel document
b: by inserting in the definition of emergency travel document certificate of identity or a refugee travel document
3: Section 2 holder holder, .
4: Section 2 New Zealand passport New Zealand refugee travel document .
5: Section 2 New Zealand travel document or an emergency an emergency travel document, or a New Zealand refugee
6: Section 2 passport refugee
a: has been—
i: determined by a refugee status officer or the Refugee Status Appeals Authority to be a refugee in accordance with the Refugee Convention (as defined in section 2(1) of the Immigration Act 1987
ii: granted a permit by the Minister of Immigration or an immigration officer under the Immigration Act 1987
iii: recognised, before 1 January 1991, as a refugee by the Interdepartmental Committee on Refugees; and
b: continues to be recognised as a refugee in New Zealand .
5: Part 1 The heading of Part 1 PASSPORTS, CERTIFICATES OF IDENTITY, AND EMERGENCY TRAVEL DOCUMENTS New Zealand travel documents
6: Issue of passport
1: Section 4(1) subsections (3) and (4) this section and section 4A
2: Section 4(3)(d)
a: by omitting the words certificate of identity travel document
b: by omitting the words section 20 or section 21 this Act
3: Section 4(4) section 32A(1) section 32A
7: New section inserted
The principal Act is amended by inserting, after section 4
4A: Refusal to issue passport on grounds of national security
1: The Minister may refuse to issue a New Zealand passport to a person if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the refusal to issue a passport will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister refuses to issue a passport under this section,—
a: the Minister must notify the person in writing of the refusal, and the reasons for it; and
b: the person is not entitled to obtain a New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
8: Life of passport
Section 5 subsection (1)
1: Subject to subsections (1A) and (2)
1A: Despite subsection (1)
a: a New Zealand passport issued before the date of commencement of this section continues to be valid for the period for which it was issued, unless sooner cancelled under this Act:
b: a New Zealand passport applied for before that commencement date must be issued in accordance with section 5(1) and (2) of the principal Act
9: Renewal of passport
Section 6
a: by omitting from subsection (1) 10 years 5 years or more
b: by omitting from subsection (2) 10 years 5 years
10: Endorsement of passport
Section 7
11: New section inserted
The principal Act is amended by inserting, after section 8
8A: Cancellation of passport on grounds of national security
1: The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the passport, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of a passport under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that passport or another New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
12: Cancellation of passport on other grounds
Section 9(1)(d) and, in the opinion of the Minister, it would not be appropriate to correct them by way of endorsement in accordance with section 7 of this Act
13: Cancellation of passport pursuant to court order
Section 9A 32A(1) 32A
14: Endorsement of certificate of identity
Section 19
15: New section inserted
The principal Act is amended by inserting, after section 20
20A: Cancellation of certificate of identity on grounds of national security
1: The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the New Zealand Government, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the certificate of identity, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of a certificate of identity under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that certificate of identity or another New Zealand travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
16: Delivery of recalled certificate of identity
Section 22(1) section 20 or section 20A
17: Issue of emergency travel document
1: Section 23(1)(b) subparagraph (i)
ia: the person does not hold a valid travel document; or .
2: Section 23
3: The Minister must issue a journey-specific emergency travel document to a person outside New Zealand if—
a: the person has been refused a passport under section 4A section 8A or section 25A
b: the journey-specific emergency travel document is necessary to enable the person to return or come to New Zealand; and
c: the person applies in that behalf to the Minister in the form provided by the Secretary.
18: New section substituted
The principal Act is amended by repealing section 24
24: Life of emergency travel document
An emergency travel document is valid for—
a: such time as, in the opinion of the Minister, will be sufficient to enable the person to leave and return to New Zealand, or to return to New Zealand, or to complete a specified journey, as the case may require; or
b: such other period as the Minister from time to time determines.
19: New section inserted
The principal Act is amended by inserting, after section 25
25A: Cancellation of emergency travel document on grounds of national security
1: The Minister may, by notice in writing, recall any emergency travel document (other than a journey-specific emergency travel document issued under section 23(3)
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the emergency travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of an emergency travel document under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that emergency travel document or another New Zealand travel document (other than a journey-specific emergency travel document issued under section 23(3)
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
20: Delivery of recalled emergency travel document
Section 27(1) section 25 or section 25A
21: New heading and sections inserted
The principal Act is amended by inserting, after section 27 Issue, life, and cancellation of refugee travel documents
27A: Issue of refugee travel document
1: Subject to this section and section 27B
2: The Minister may refuse to issue a New Zealand refugee travel document to an applicant if—
a: the applicant is a New Zealand citizen; or
b: the applicant already has a valid New Zealand refugee travel document; or
c: there is in force a warrant issued in New Zealand for the applicant's arrest; or
d: the applicant is—
i: on bail; or
ii: subject to a community-based sentence under the Sentencing Act 2002
iii: released under subpart 2 of Part 1 of the Parole Act 2002
e: the applicant is subject to—
i: an order made by a New Zealand court that requires the applicant to remain in New Zealand, or the effect of which requires the applicant to remain in New Zealand; or
ii: a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand.
27B: Refusal to issue refugee travel document on grounds of national security
1: The Minister may refuse to issue a New Zealand refugee travel document to a person if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the refusal to issue a refugee travel document will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister refuses to issue a refugee travel document under this section,—
a: the Minister must notify the person in writing of the refusal, and the reasons for it; and
b: the person is not entitled to obtain a New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b) and (c) of subsection (1)
27C: Life of refugee travel document
1: A New Zealand refugee travel document is valid for 2 years, unless sooner cancelled under this Act.
2: A New Zealand refugee travel document may on application be renewed, once only, for a further period not exceeding 2 years.
27D: Cancellation of refugee travel document
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, where—
a: the Minister issues to the holder another refugee travel document in substitution for the first one; or
b: the document has expired and is incapable of being renewed; or
c: the document has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or
d: there is reasonable cause to believe that any particulars recorded in it are incorrect; or
e: there is reasonable cause to believe that the document has been obtained by means of a false representation or a statement that is false in a material particular; or
f: two or more valid New Zealand refugee travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case; or
g: a New Zealand passport has been issued to the person; or
h: the holder is no longer recognised as being a refugee; or
i: the document was issued to the holder in the mistaken belief that the holder was, at the time of issue, a refugee.
2: Subject to section 27A paragraphs (b) to (e) of subsection (1)
27E: Cancellation of refugee travel document on grounds of national security
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the refugee travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of a refugee travel document under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that refugee travel document or another New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
5: Nothing in this section authorises the Minister to cancel a New Zealand refugee travel document at a time when its holder is outside New Zealand.
27F: Retention of refugee travel document by Minister on other grounds
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and retain possession of it,—
a: if there is in force a warrant issued in New Zealand for the arrest of the holder:
b: if there is reasonable cause to believe—
i: that the refugee travel document is in the wrongful possession of any person other than the holder; or
ii: that the refugee travel document is in the possession of a person who is not the holder, as security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3)
2: Where the Minister has recalled a refugee travel document under subsection (1)(a)
3: Where the Minister has recalled a refugee travel document under subsection (1)(b)
27G: Delivery of recalled refugee travel document
1: Where the Minister recalls any refugee travel document under section 27D or section 27E or section 27F
2: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1)
22: Appeal to High Court
1: Section 28 subsection (1)
1: Every person who, being—
a: the applicant for the issue or renewal of a New Zealand travel document; or
b: the holder of a New Zealand travel document,— is dissatisfied with any decision of the Minister made in relation to the application or document under Part 1
2: Section 28(5) the foregoing provisions of
3: Section 28 subsection (5)
5A: This section is subject to sections 29AA to 29AC
23: Appeal to Court of Appeal in certain cases
1: Section 29 subsection (1)
1A: Any party who is dissatisfied with any decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4)
2: Section 29(3) the foregoing provisions of
3: Section 29 subsection (3)
3A: This section is subject to sections 29AA to 29AC
a: a decision of the Minister to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document, on grounds of national security; or
b: a decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4)
24: New heading and sections inserted
The principal Act is amended by inserting, after section 29 Special provision for proceedings where national security involved
29AA: Proceedings where national security involved
1: This section applies to the following proceedings:
a: any application to the High Court by the Minister under section 4A(3), section 8A(3), section 20A(3), section 25A(3), section 27B(3), or section 27E(3) section 29(1A)
b: any appeal under section 28 or section 29 sections 4A, 8A, 20A, 25A, 27B, and 27E
c: any appeal under section 28 or section 29 section 16 section 23
i: the person was a danger to the security of New Zealand because the person intended to engage in or facilitate an action or matter of a kind described in section 4A(1)(a)
ii: the danger to the security of New Zealand could not be effectively averted by other means; and
iii: the refusal to issue the certificate of identity or emergency travel document would prevent or effectively impede the ability of the person to carry out the intended action.
2: In hearing an appeal to which this section applies, the Court must determine whether—
a: the information that led to the decision is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that—
i: the person concerned is a danger to the security of New Zealand because the person intends to engage in, or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a)
ii: the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; and
iii: the danger to the security of New Zealand cannot be effectively averted by other means.
3: Where the appeal relates to a matter within the discretion of the Minister, the Court may substitute its own discretion for that of the Minister.
4: If information presented or proposed to be presented in proceedings to which this section applies includes classified security information, then section 29AB
5: In this section and sections 29AB and 29AC classified security information
a: relevant to whether there are or may be grounds for believing that—
i: the person concerned is a danger to the security of New Zealand because the person intends to engage in or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a)
ii: a refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document concerned, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; or
iii: the danger to the security of New Zealand cannot be effectively averted by other means; and
b: held by an intelligence and security agency (as defined in section 4(1) of the Terrorism Suppression Act 2002
c: that the head of the specified agency, or the New Zealand Police, certifies in writing cannot be disclosed except to the extent provided in section 29AB
i: the information is information of a kind specified in subsection (6)
ii: disclosure of the information would be disclosure of a kind specified in subsection (7)
6: Information falls within subsection (5)(c)(i)
a: might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the agency or the police; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the agency or the police; or
c: has been provided to the agency or the police by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the agency or the police because the government or agency or organisation by which the information has been provided will not consent to the disclosure.
7: Disclosure of information falls within subsection (5)(c)(ii)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person. 2002 No 34 s 32
29AB: Proceedings involving classified security information
1: If information presented or proposed to be presented by the Crown in any proceedings to which section 29AA
a: the person in respect of whom the decision concerned was made; and
b: all barristers or solicitors (if any) representing that person; and
c: members of the public.
2: Without limiting subsection (1)
a: the Court must approve a summary of the information of the kind referred to in section 29AA(5) section 29AA(6) or (7)
b: on being approved by the Court (with or without amendments directed by the Court in accordance with paragraph (a)
3: The Court—
a: may give any directions and make any orders that the Court thinks appropriate in the circumstances of the case:
b: must determine the application or appeal on the basis of information available to the Court, whether or not that information has been disclosed to or responded to by all parties to the proceedings.
4: Nothing in this section limits section 27 of the Crown Proceedings Act 1950
5: This section applies despite any enactment or rule of law to the contrary.
29AC: Ancillary general practices and procedures to protect classified security information
1: Any general practices and procedures that may be necessary to implement the procedures specified in section 29AB
2: Without limiting the generality of subsection (1)
a: measures relating to the physical protection of the information during all proceedings to which section 29AB
b: the manner in which the information may be provided to the Court:
c: measures to preserve the integrity of the information until any appeals are withdrawn or finally determined.
25: Forged and false New Zealand travel documents
Section 29A(2) forges forged section 264 section 256
26: Other offences
Section 31 subsections (1)(a) (b) (c) (d) (2) passport, certificate of identity, or emergency travel document travel document
27: Court may forbid issue of passport
Section 32A subsection (2)
2: When sentencing a person in respect of a terrorism-related offence, a court may, in addition to any other sentence or order imposed or made, make an order that—
a: a New Zealand passport must not be issued to the person for a specified period not exceeding 15 years; and
b: any New Zealand passport issued to the person must be cancelled.
3: In this section, terrorism-related offence
a: an offence under any of the following enactments:
i: the Aviation Crimes Act 1972
ii: the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980
iii: the Maritime Crimes Act 1999
iv: the Terrorism Suppression Act 2002
b: an offence where terrorism (whether described in similar terms as, or by reference to, the definition of terrorist act in section 5 of the Terrorism Suppression Act 2002
4: An order under subsection (1) or subsection (2)
28: Passports, etc, are property of New Zealand Government
Section 33
a: by omitting from subsection (1) passports and certificates of identity and emergency
b: by omitting from subsection (2) passport or certificate of identity or emergency New Zealand
c: by omitting from subsection (3) passport or certificate of identity or emergency
29: New section substituted
1: The principal Act is amended by repealing sections 35 36
36: Disclosure of travel document and related information
1: The Secretary may, for the purpose of aiding border security, facilitating the processing of passengers, verifying the identity of a holder of a travel document, or determining whether a person is a New Zealand citizen, disclose New Zealand travel document information of a kind referred to in section 37 other party
2: The disclosure of the information must be in accordance with an agreement in writing between the Secretary and the other party that states—
a: the purpose of the agreement; and
b: the information that can be disclosed; and
c: the method and form of the disclosure; and
d: the use the other party will make of the information; and
e: the conditions under which the other party may disclose the information.
3: An agreement entered into under subsection (2)
4: Before entering into an agreement under subsection (2) subsection (3)
5: The Privacy Commissioner may require the Secretary and the other party to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months.
2: An agreement entered into under section 35 36
a: is deemed to be an agreement with an appropriate agency entered into, after consultation with the Privacy Commissioner, under section 36
b: is deemed to apply to information of the kind described in section 37(1)(p)
30: Information that may be disclosed
1: Section 37(1) section 35 and section 36 of this Act section 36
2: Section 37(1)
p: any other information relating to a New Zealand travel document that may be used—
i: to verify the identity of the document's holder; or
ii: to determine whether a person is a New Zealand citizen by birth; or
iii: for the purpose of border security; or
iv: to assist in the processing of passengers.
3: Section 37 subsection (2)
2: Every application form for a New Zealand travel document that is printed after the date of commencement of the Passports Amendment Act 2005 must include a statement that the information may be so disclosed.
4: Section 37(3) section 35
31: Penalties
Section 38
3: Subsection (2)
32: Regulations
Section 40(a)
a: by omitting from subparagraph (i) and emergency travel documents emergency travel documents, and refugee travel documents
b: by omitting from subparagraph (ii) or endorsement


1: Title
1: This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005.
2: In this Act, the Injury Prevention, Rehabilitation, and Compensation Act 2001 the principal Act
2: Commencement
1: Sections 3(3), (4), and (6) 4 5 6 7 9 to 20 24 to 33 35 36 to 43 46 to 49 52(2) 55 56(1) 59 60(1) to (5) and (7) Schedule 1 Part 2
2: Sections 3(2), (5), and (7) 52(1) 53 section 3(2)(a) to (t)
3: Sections 44 56(2)
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. OIC Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 2(2) above. OIC LI 2019/195 2019-10-01 Injury Prevention, Rehabilitation, and Compensation Act 2001 Within Section 2(2) above, brings into force section 3(2)(a) to (f), (h), (j) to (r), and (t), (5), and (7), and section 52(1). Section 2(2) brought into force 1 October 2019 clause 2 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Commencement Order 2019
1: Substantive amendments to principal Act
3: Interpretation
1: Section 6(1) acupuncturist
a: a member of the New Zealand Register of Acupuncturists Incorporated; or
b: a member of the New Zealand Acupuncture Standards Authority Incorporated who—
i: is a qualified health professional registered to practise in some other medical discipline in New Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or
ii: holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand Register of Quality Assured Qualifications
2: Section 6(1)
a: by repealing the definition of acupuncturist
b: by repealing the definition of audiologist
c: by repealing the definition of chiropractor
d: by repealing the definition of clinical dental technician
e: by repealing the definition of dental technician
f: by repealing the definition of dentist
g: by repealing the definition of health practitioner
h: by repealing the definition of medical laboratory technologist
i: by repealing the definition of medical practitioner
j: by repealing the definition of medical radiation technologist
k: by repealing the definition of midwife
l: by repealing the definition of nurse
m: by repealing the definition of occupational therapist
n: by repealing the definition of optometrist
o: by repealing the definition of osteopath
p: by repealing the definition of pharmacist
q: by repealing the definition of physiotherapist
r: by repealing the definition of podiatrist
s: by repealing the definition of registered health professional
t: by repealing the definition of speech therapist
3: Section 6(1) medical error medical mishap
4: Section 6(1) personal injury caused by medical misadventure.
5: Section 6(1) registered health professional registered health professional
6: Section 6(1) treatment injury section 32
7: Section 6(1) treatment provider treatment provider
4: Earnings as an employee: what it does not include
Section 11(1) ; or
h: any pension that is paid in the circumstances set out in any of the following provisions:
i: section DF 4 of the Income Tax Act 1994 section DC 2 of the Income Tax Act 2004
ii: section DF 8A or section DF 8B of the Income Tax Act 1994 section DC 3 of the Income Tax Act 2004
iii: section FF 17 of the Income Tax Act 1994
5: New section 13 substituted
The principal Act is amended by repealing section 13
13: Earnings of private domestic workers
The Corporation must treat the earnings of a private domestic worker as earnings as an employee.
6: New section 19 substituted
The principal Act is amended by repealing section 19
19: Key terms in this Part
This Part uses and defines the following key terms: mental injury section 27 motor vehicle injury sections 29(2) and 35 personal injury section 26 personal injury caused by a work-related gradual process, disease, or infection section 30 treatment injury section 32 work-related personal injury sections 28 and 29(1)
7: Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts)
1: Section 20(2)
b: personal injury that is treatment injury suffered by the person:
2: Section 20(2)
c: treatment injury in circumstances described in section 32(7)
3: Section 20(2)
d: personal injury that is a consequence of treatment given to the person for another personal injury for which the person has cover:
4: Section 20(2)
f: personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:
5: Section 20(2)
i: personal injury that is a cardio-vascular or cerebrovascular episode that is treatment injury suffered by the person:
8: New section 21A inserted
The principal Act is amended by inserting, after section 21
21A: Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts
1: This section applies to persons who suffered personal injury that is mental or nervous shock suffered as an outcome of any act of any other person, which act—
a: was performed on, with, or in relation to the claimant (but not on, with, or in relation to any other person); and
b: was within the description of any offence listed in the First Schedule of the Accident Rehabilitation and Compensation Insurance Act 1992 1992 Act
c: was performed before 1 July 1992 (including before 1 April 1974) and was performed—
i: in New Zealand; or
ii: outside New Zealand, and the claimant was ordinarily resident in New Zealand within the meaning of the 1992 Act when the act was actually performed.
2: For the purpose of subsection (1),—
a: the personal injury is deemed to have been suffered on the date of the first treatment that the claimant received for that personal injury as that personal injury; and
b: that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and
c: the treatment must have been of a kind for which the Corporation was required or permitted to make payments either directly under regulations made under the 1992 Act or under an agreement or contract or arrangement under section 29A
3: For the purposes of subsection (1), it is irrelevant—
a: that no person can be, or has been, charged with or convicted of the offence; or
b: that the alleged offender is incapable of forming criminal intent; or
c: whether or not the person who suffered the personal injury was ordinarily resident in New Zealand within the meaning of the 1992 Act when the personal injury is deemed to have been suffered.
4: Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury described in subsection (1), and the following provisions apply:
a: payments made by or through the Corporation (or a subsidiary of the Corporation) or the Department of Labour to those persons for a personal injury described in subsection (1), whether made before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent that the correct amounts were paid:
b: for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the belief that section 8(3)
c: entitlements available as a result of cover deemed by this section are subject to Part 13 of the Accident Insurance Act 1998 Part 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001
d: Part 5 section 8(3) Part 5
5: However, the following provisions apply to civil proceedings brought before or after the commencement of this section seeking general damages for mental or nervous shock suffered by a person as an outcome of any act described in subsection (1) (the proceedings
a: if the plaintiff received judgment in the proceedings, in his or her favour, before the commencement of this section, the plaintiff does not have cover under this section for the injury or injuries to which the proceedings relate:
b: if the proceedings were filed, but not heard, before the date of introduction of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005, nothing in this section prevents the proceedings from being heard or prevents a court from awarding the plaintiff general damages for the mental or nervous shock:
c: if the plaintiff continues the proceedings, the plaintiff must declare to the court any payments and entitlements received from the Corporation for the personal injury for which damages are sought, and the court must take those payments and entitlements into account in awarding the plaintiff any damages:
d: on the date judgment is given in the proceedings, the plaintiff—
i: does not have cover under this section for the injury or injuries to which the proceedings relate; and
ii: must advise the Corporation of the judgment:
e: if the plaintiff loses cover by virtue of paragraph (a) or paragraph (d), the Corporation may not recover any part of an amount that is deemed by subsection (4)(a) to be an entitlement paid to the plaintiff under the 1992 Act.
9: Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts)
1: Section 22
3: A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a result of treatment given to him or her while outside New Zealand, but only if the circumstances described in subsection (4)
2: Section 22(4)(b) medical misadventure treatment
3: Section 22
5: Section 38
10: Accident
1: Section 25(1)
a: a specific event or a series of events, other than a gradual process, that—
i: involves the application of a force (including gravity), or resistance, external to the human body; or
ii: involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or
iii: involves a twisting movement of the body:
2: Section 25(1)
b: the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the result of the criminal act of a person other than the injured person:
ba: the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion of a virus, bacterium, or protozoan, unless that ingestion is the result of the criminal act of a person other than the injured person:
11: Work-related personal injury
Section 28(5) personal injury caused by medical misadventure treatment injury as defined in section 32
12: Personal injury caused by work-related gradual process, disease, or infection
Section 30
4A: This Act covers personal injury caused by a work-related gradual process, disease, or infection only if—
a: the exposure to the gradual process, disease, or infection actually occurred in New Zealand; or
b: the person concerned was ordinarily resident in New Zealand when the exposure actually occurred.
13: New sections 32 to 34 substituted
The principal Act is amended by repealing sections 32 to 34
32: Treatment injury
1: Treatment injury
a: suffered by a person—
i: seeking treatment from 1 or more registered health professionals; or
ii: receiving treatment from, or at the direction of, 1 or more registered health professionals; or
iii: referred to in subsection (7); and
b: caused by treatment; and
c: not a necessary part, or ordinary consequence, of the treatment, taking into account all the circumstances of the treatment, including—
i: the person's underlying health condition at the time of the treatment; and
ii: the clinical knowledge at the time of the treatment.
2: Treatment injury
a: personal injury that is wholly or substantially caused by a person's underlying health condition:
b: personal injury that is solely attributable to a resource allocation decision:
c: personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment.
3: The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury
4: Treatment injury
5: One of the circumstances referred to in subsection (4) is where the claimant did not agree, in writing, to participate in the trial.
6: The other circumstance referred to in subsection (4) is where—
a: an ethics committee—
i: approved the trial; and
ii: was satisfied that the trial was not to be conducted principally for the benefit of the manufacturer or distributor of the medicine or item being trialled; and
b: the ethics committee was approved by the Health Research Council of New Zealand or the Director-General of Health at the time it gave its approval.
7: If a person ( person A
a: person A's spouse or partner, if person A has passed the infection on directly to the spouse or partner:
b: person A's child, if person A has passed the infection on directly to the child:
c: any other third party, if person A has passed the infection on directly to that third party:
d: person A's child or any other third party, if—
i: person A has passed the infection directly to his or her spouse or partner; and
ii: person A's spouse or partner has then passed the infection directly to the child or third party.
33: Treatment
1: For the purposes of determining whether a treatment injury has occurred, or when that injury occurred, treatment
a: the giving of treatment:
b: a diagnosis of a person's medical condition:
c: a decision on the treatment to be provided (including a decision not to provide treatment):
d: a failure to provide treatment, or to provide treatment in a timely manner:
e: obtaining, or failing to obtain, a person's consent to undergo treatment, including any information provided to the person (or other person legally entitled to consent on their behalf if the person does not have legal capacity) to enable the person to make an informed decision on whether to accept treatment:
f: the provision of prophylaxis:
g: the failure of any equipment, device, or tool used as part of the treatment process, including the failure of any implant or prosthesis (except where the failure of the implant or prosthesis is caused by an intervening act or by fair wear and tear), whether at the time of giving treatment or subsequently:
h: the application of any support systems, including policies, processes, practices, and administrative systems, that—
i: are used by the organisation or person providing the treatment; and
ii: directly support the treatment.
2: Subsection (1) does not affect the application of the definition of treatment section 6(1)
3: Subsection (2) is for the avoidance of doubt.
34: Cover for personal injury caused by medical misadventure before 1 July 2005
1: This section applies to—
a: claims for cover for personal injury caused by medical misadventure that were lodged with the Corporation before 1 July 2005, but have not been determined; and
b: claims for cover for personal injury caused by medical misadventure that were declined by the Corporation before 1 July 2005, but are lodged again on or after that date as claims for cover for treatment injury (and not lodged as claims referred to in subsection (4)).
2: Claims lodged in the circumstances described in subsection (1) must be determined under the relevant provisions in force immediately before 1 July 2005.
3: Reviews and appeals must be dealt with under the relevant provisions of Part 5
a: was made before 1 July 2005; or
b: is one to which subsection (2) applies.
4: Subsection (1)(b) does not apply in relation to a claimant if,—
a: before 1 July 2005, the Corporation declined the claimant's claim for cover for personal injury caused by medical misadventure because there was no personal injury; and
b: on or after 1 July 2005, the claimant lodges a claim for cover for treatment injury in respect of a personal injury that—
i: occurred after the decision to decline the earlier claim (whether before or after 1 July 2005); and
ii: arises out of the circumstances on which the earlier claim was based.
14: New section 38 substituted
The principal Act is amended by repealing section 38
38: Date on which person is to be regarded as suffering treatment injury
1: The date on which a person suffers a treatment injury is the date on which the person first seeks or receives treatment for the symptoms of that personal injury.
2: Subsection (1) applies even if it was not known, at the time the treatment was first sought or received for the symptoms, that previous treatment was the cause of the symptoms.
3: In subsection (1), treatment
4: This section is subject to clause 55(3) of Schedule 1
15: Responsibilities of Corporation after claim lodged
Section 50
2: If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information on the role of the Health and Disability Commissioner under the Code of Health and Disability Services Consumers' Rights.
16: Time for making claim
Section 53
4: Despite subsection (3), if a claim is for a treatment injury, a person must lodge the claim under section 48
a: in the case of a claim for cover, within 12 months after the later of—
i: the date that the personal injury was first considered by a registered health professional to be a treatment injury; or
ii: the date that the person suffered the treatment injury (as determined under section 38
b: in the case of a claim for an entitlement, within 12 months after the later of—
i: the date on which the need for the entitlement arose; or
ii: if the need for entitlement arose before the injury was diagnosed as being a treatment injury, and a claim for cover for that injury has been lodged with the Corporation, the date on which the Corporation accepted the claim for cover.
17: Steps Corporation takes to action complicated claims for cover
Section 57(1)(c) medical misadventure treatment
18: New section 62 substituted
The principal Act is amended by repealing section 62
62: Decision on claim for treatment injury
1: When investigating a claim for cover for a treatment injury, the Corporation may seek clinical advice if the Corporation considers the advice will assist it in determining the claim.
2: Subsection (1) does not prevent the Corporation from seeking advice in other situations.
3: Subsection (2) is for the avoidance of doubt.
19: Corporation must give notice of decisions
Section 64
20: New section 68 substituted
1: The principal Act is amended by repealing section 68
68: Corporation provides entitlements in accordance with this Act
1: The Corporation provides entitlements to claimants in accordance with this Act.
2: If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this Act.
3: However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it is satisfied that—
a: the entitlement or payment could be provided but for a requirement in section 127(4) or section 129 or section 379(2) clauses 4, 13, 15, 17, 19(3)(e), 19(3)(i), 19(3)(j), 22(1), 22(2)(b), 22(2)(c), 22(2)(e), or 22(2)(f) of Schedule 1
b: the provision of the entitlement or payment would be consistent with the purpose of this Act.
4: The exercise of a discretion under subsection (3) is subject to section 134(1A)
2: To avoid doubt, the discretion under section 68(3)
21: Corporation to determine incapacity of claimant who, at time of incapacity, was earner
1: The heading to section 103 at time of incapacity, was earner at time of personal injury, was earner or on unpaid parental leave
2: Section 103
4: The references in subsections (1) and (2) to a personal injury are references to a personal injury for which the person has cover under this Act.
5: Subsection (4) is for the avoidance of doubt.
22: Corporation to determine incapacity of claimant who, at time of incapacity, had ceased to be an employee, was a potential earner, or had purchased weekly compensation under section 223
Section 105
3: The references in subsection (2) to a personal injury are references to a personal injury for which the person has cover under this Act.
4: Subsection (3) is for the avoidance of doubt.
23: When claimant's vocational independence to be assessed
Section 109(2)(b) since the previous determination due to the injuries that were assessed in the previous vocational independence or capacity for work assessment
24: Corporation may suspend, cancel, or decline entitlements
Section 117
3A: If the Corporation declines, under subsection (3), to provide an entitlement for any period, the Corporation must start providing the entitlement again if satisfied that—
a: subsection (3) no longer applies to the claimant; and
b: the claimant is eligible to the entitlement.
3B: The Corporation is not required to make any payment of the entitlement for the period during which it was declined under subsection (3), even though it may have started providing the entitlement again under subsection (3A). However, the Corporation may make such payment if the Corporation believes that—
a: exceptional circumstances exist; and
b: it would be inequitable to refuse to do so.
3C: An entitlement that has been declined for any period under subsection (3) must be provided by the Corporation, with effect from the beginning of that period, if—
a: the Corporation's decision to decline to provide the entitlement for that period is—
i: revised under section 65
ii: quashed on review or appeal; and
b: the claimant was otherwise entitled to receive the entitlement for that period.
25: Who may apply for review
1: Section 134
1A: However, a decision of the Corporation regarding the exercise of discretion under section 68(3) Part 5
2: Section 134
26: How to apply for review
Section 135(3) subsection (2)(f) and (g) and any time frame prescribed in regulations made under section 328A
27: New section 135A inserted
The principal Act is amended by inserting, after section 135
135A: Time frame for lodging review application where alternative dispute resolution conducted about same matter
1: This section applies to a review application about a matter if an alternative dispute resolution procedure is conducted about the same matter.
2: A review application to which this section applies must be lodged within the relevant time frame stated in section 135(2) section 328A
28: Persons entitled to be present and heard at hearing
Section 142
29: Who may appeal against review decision
Section 149
30: Application and source of funds
Section 167
4: The funds in the Employers' Account must also be applied to meet the costs of entitlements for personal injury caused by work-related gradual process, disease, or infection if—
a: the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred on or after 1 July 1999; and
b: the claimant was an employee when performing that task or in that environment (regardless of whether the claimant was an employee at the date on which the personal injury is regarded as having been suffered).
31: New section 168A inserted
The principal Act is amended by inserting, after section 168
168A: Private domestic workers to pay levies
1: A private domestic worker must pay, in accordance with this Act and regulations made under this Act, levies to fund the Employers' Account.
2: A levy must relate to a prescribed period.
3: A private domestic worker must pay the levy by the date specified for payment, whether in an invoice or another appropriate document given to the private domestic worker by the Corporation or an agent of the Corporation, being a date not less than 2 months after the date of the invoice or other appropriate document.
4: Levies are to be paid under this section at a rate or rates prescribed in regulations made under this Act, and must be related, in whole or in part, to the amount of earnings received for that period as a private domestic worker or deemed by regulations made under this Act to have been received for that period as a private domestic worker.
5: Nothing in this Act requires a private domestic worker to pay an employer levy on his or her relevant earnings that exceed the specified maximum. For the purpose of this subsection, the relevant earnings are the person's earnings as a private domestic worker together with his or her earnings as an employee (other than as a private domestic worker).
6: Sections 170, 171, and 173 section 168
32: Employer levy not payable on earnings over specified maximum
Section 172(2)
b: each employer may apply in writing to the Corporation for a pro rata refund of the excess levy paid, to be calculated according to the following formula: where—
a: is the total earnings on which the levy is paid by the employer in respect of that employee
b: is the total earnings on which the levy is paid by all employers in respect of that employee
c: is the total excess levy paid by all employers in respect of that employee.
33: Application and source of funds
Section 192
6: The funds in the Residual Claims Account must also be applied to meet the costs of entitlements for personal injury caused by work-related gradual process, disease, or infection if—
a: the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred before 1 July 1999; and
b: the claimant was an employee or self-employed when performing that task or in that environment (regardless of whether the claimant was an employee or self-employed at the date on which the personal injury is regarded as having been suffered).
34: Liability to pay Residual Claims levy
The principal Act is amended by repealing section 193(9)(b)
35: Application and source of funds
Section 201
4: The funds in the Self-Employed Work Account must also be applied to meet the costs of entitlements for personal injury caused by work-related gradual process, disease, or infection if—
a: the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred on or after 1 July 1999; and
b: the claimant was self-employed when performing that task or in that environment (regardless of whether the claimant was self-employed at the date on which the personal injury is regarded as having been suffered).
36: Effect of agreement
1: Section 210
2: A person who purchases weekly compensation under section 209 section 209
a: the amount specified in an agreement made under section 209
b: the amount calculated under Schedule 1 section 209
2: Subsection (3) applies to persons who,—
a: before the commencement of this section, suffered personal injury in a particular cover period for which there was an agreement under section 209
b: immediately before the commencement of this section, were receiving weekly compensation for that incapacity or subsequent incapacity.
3: Persons to whom this section applies are entitled to continue receiving weekly compensation as if subsection (1) had not been enacted.
37: Application and source of funds
Section 218(1)
d: a treatment injury.
38: Persons eligible to purchase weekly compensation
Section 223
2: The application may be made only by a person who—
a: makes the application while still in employment or within 1 month after ceasing employment; and
b: pays the levy when required to do so.
39: Application and source of funds
Section 227 medical misadventure treatment
40: Application and source of funds
1: Section 228
1: The purpose of the Medical Misadventure Account is to finance entitlements provided under this Act in respect of—
a: treatment injury (other than the excluded kind of injury specified in subsection (3)); or
b: personal injury caused by medical misadventure for which cover was accepted before 1 July 2005 or is accepted in accordance with section 34
2: Section 228
3: The excluded kind of injury is treatment injury, where the treatment is provided for a work-related personal injury.
3: Section 228(4)
a: entitlements in respect of persons who have cover for treatment injury (other than the excluded kind of injury specified in subsection (3)); and
41: Levy categories and rates
1: Section 229(1)
a: prescribe levies in relation to treatment injury:
2: Section 229(4) medical misadventure treatment
42: Residual Claims levy and employer levy payable by employers on disposal or cessation of business or when ceasing to employ
Section 232(2) Commissioner Corporation
43: Levies payable to Commissioner and Corporation by self-employed person or private domestic worker who ceases to derive earnings as such
1: Section 233 Commissioner and
2: Section 233(1)(b) Commissioner Corporation
44: New section 244 substituted
The principal Act is amended by repealing section 244
244: Amounts of levy exempt from payment
1: This section applies if—
a: an invoice is issued for the purpose of this Act (whether or not only for that purpose or also for the purpose of any other enactment) that shows an amount payable under this Act for a single type of levy or for 2 or more different types of levy; and
b: the amount invoiced for the purpose of this Act does not exceed the relevant exempt amount set by regulations made under this Act for the purpose of this section.
2: If this section applies,—
a: no person is liable to pay the amount of the levy or levies shown on the invoice for the purpose of this Act; and
b: no person is liable to pay any penalties under this Act in respect of non-payment of the levy or levies.
45: Management of Accounts
Section 274
3A: The costs of claims for personal injury caused by work-related gradual process, disease, or infection to which section 167(4) or section 192(6) or section 201(4)
3B: The Minister may, without complying with section 270(2)
46: Disclosure of information by Corporation for benefit purposes
Section 281(1)
c: an allowance established by regulations made under section 303 of the Education Act 1989
47: New section 284 substituted
The principal Act is amended by repealing section 284
284: Reporting of risk of harm to public
1: This section applies to information collected by the Corporation in the course of processing claims—
a: for treatment injury; or
b: for personal injury of a type described in section 20(2)(d)
c: for personal injury caused by medical misadventure; or
d: that are in the nature of claims for treatment injury, but are caused by a person who is not a registered health professional.
2: If the Corporation believes, from information referred to in subsection (1), there is a risk of harm to the public, the Corporation must report the risk, and any other relevant information, to the authority responsible for patient safety in relation to the treatment that caused the personal injury.
48: Section 285 repealed
The principal Act is amended by repealing section 285
49: New section 286 substituted
The principal Act is amended by repealing section 286
286: Corporation to provide information to Department of Labour
1: The Corporation must provide to the chief executive of the Department of Labour any information held by the Corporation under this Act that—
a: relates to—
i: employers; or
ii: workplaces; or
iii: claims for work-related personal injury; and
b: is of a type specified for the purpose of this section in an agreement between the Corporation and the chief executive.
2: The chief executive may use the information only for 1 or more of the following purposes:
a: to support the Department of Labour in its administration of any provisions of the relevant Acts:
b: to support the department's responsibilities for workforce development and employment creation:
c: to ensure appropriate co-ordination of activities with the Corporation and other relevant agencies.
3: The power conferred on the chief executive by subsection (2) includes (without limitation) power to provide information received under this section to any agency designated under section 28B of the Health and Safety in Employment Act 1992
4: The Corporation must provide the information in accordance with the agreement with the chief executive.
5: In subsection (2), relevant Acts means—
a: Disabled Persons Employment Promotion Act 1960
b: Employment Relations Act 2000
c: Equal Pay Act 1972
d: Hazardous Substances and New Organisms Act 1996
e: Health and Safety in Employment Act 1992
f: Holidays Act 2003
g: Immigration Act 1987
h: Machinery Act 1950
i: Minimum Wage Act 1983
j: Parental Leave and Employment Protection Act 1987
k: Volunteers Employment Protection Act 1973
l: Wages Protection Act 1983
50: Service agreement for purchase of public health acute services and other health services
Section 301
4: The service agreement may also provide for the Crown to refund to the Corporation any amount overpaid by the Corporation in a previous financial year for public health acute services.
5: Subsection (4) is for the avoidance of doubt.
51: Proceedings for personal injury
Section 317(4)
b: any of sections 92B, 92E, 92R, 122, 122A, 122B, 123, or 124 of the Human Rights Act 1993
52: Regulations relating to definitions
1: Section 322(1)
e: defining a type or types of registered health professional for the purposes of this Act:
f: defining a type or types of treatment provider for the purposes of this Act:
fa: defining a health occupational group or part of a health occupational group for the purposes of this Act:
2: Section 322(1)
3: At any time before the commencement of subsection (1), the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for 1 or more of the following purposes:
a: defining a type or types of registered health professional for the purposes of the principal Act:
b: defining a type or types of treatment provider for the purposes of the principal Act:
c: defining a health occupational group or part of a health occupational group for the purposes of the principal Act.
4: The Minister may not make any recommendation under subsection (3) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject-matter of the proposed regulations.
5: Any consultation undertaken by or on behalf of the Minister before the commencement of this subsection about the making of regulations for any purpose referred to in subsection (3) is to be treated as consultation for the purpose of subsection (4).
6: On the commencement of subsection (1), any regulations then in force under subsection (3) continue to have effect as if they were made under section 322(1)
53: Section 322A repealed
The principal Act is amended by repealing section 322A health practitioner
54: Regulations relating to rehabilitation
Section 324(2)(a)
55: New section 328A inserted
The principal Act is amended by inserting, after section 328
328A: Regulations relating to alternative dispute resolution
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for 1 or more of the following purposes:
a: setting out a framework or rules (or both) governing the conduct of alternative dispute resolution:
b: requiring the Corporation to pay costs to claimants at the appropriate rate or scale specified in the regulations, which costs may apply whether or not regulations are for the time being in force under paragraph (a):
c: prescribing the time frames for the lodging of review applications about matters under Part 5 section 135(2)
2: In the absence of regulations for the time being in force under subsection (1)(a), the use of alternative dispute resolution and the manner in which it is to be conducted is a matter for agreement between the Corporation and the claimant.
56: Regulations relating to levies
1: Section 329(b) sections 193 and 202 sections 168A and 193
2: Section 329
o: prescribing exempt amounts of levy for the purpose of section 244
i: a single type of levy; or
ii: 2 or more different types of levies; or
iii: both.
57: Consultation requirements for regulations relating to levy setting
Section 331(2)(a)
58: Cessation of weekly compensation under any former Act because of capacity for work
Section 369
2: An assessment of capacity to work that was commenced under a former Act and not completed before the commencement of this Act may be completed under the former Act and have effect as if it were an assessment of vocational independence under this Act.
59: New section 377 substituted
The principal Act is amended by repealing section 377
377: Independence allowance for personal injury suffered before 1 July 1999
1: On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998
2: A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998
3: The modifications are that—
a: any assessment or reassessment must be done on the basis of whole-person impairment for the combined effect of all injuries suffered before 1 July 1999 for which the person has cover; and
b: the percentage of impairment for which any lump sum compensation was received under section 119 of the Accident Compensation Act 1972 section 78 of the Accident Compensation Act 1982
c: the independence allowance based on the first assessment is payable as from,—
i: in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation Act 1972 section 78 of the Accident Compensation Act 1982
ii: in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992.
60: Further amendments to principal Act
1: Schedule 1 Schedule 1
2: The amendments set out in Schedule 1 clauses 38 38A 39 40(2) 41
3: Clause 36(4) or (b) or (c)
4: Clause 44
4: Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners' Account.
5: Clause 55
3: A person who suffers treatment injury or personal injury caused by medical misadventure is not entitled to lump sum compensation for permanent impairment under this schedule if the date of the treatment which caused the personal injury was before 1 April 2002.
6: The principal Act is amended in the manner set out in Part 1
7: The principal Act is amended in the manner set out in Part 2
61: Amendments to principal Act and Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
1: Clause 66 spouse's or partner's
2: Clause 69 spouse's or partner's
3: The Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Part 3 Section 66(4) and (5) and section 69(1) and (2)
2: Miscellaneous provisions
62: References to At Work Insurance Limited
1: The Income Tax Act 1994 Schedule 18 At Work Insurance Limited
2: The Income Tax Act 2004 Schedule 18 At Work Insurance Limited
3: The State-Owned Enterprises (At Work Insurance Limited) Order 1999 (SR 1999/64)
63: New Zealand Superannuation Act 2001 amended
1: Section 7(2) clauses 25, 68, or 72 of Schedule 1 of the Accident Insurance Act 1998 clause 52 or clause 68 or clause 72 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001
2: Section 15(1) earner premium
3: Section 16(a) earner premium earner levies
4: Section 16
2: In this section, earner levies section 219(1) and (2) of the Injury Prevention, Rehabilitation, and Compensation Act 2001
64: Revocation of spent regulations
The following regulations are revoked:
a: the Workers' Compensation Order 1969 (SR 1969/13)
b: the Accident Rehabilitation and Compensation Insurance (Motor Spirits Excise Duty) Order 1998 (SR 1998/271)
65: Regulations relating to levies for Employers' Account and Self-Employed Work Account
1: This section applies to the regulations relating to Employers' Account levies, and the regulations relating to Self-Employed Work Account levies, that are in force under section 329
2: The Governor-General may, by Order in Council, make regulations amending the regulations to which this section applies for 1 or more of the following purposes:
a: to remove references to private domestic workers from regulations relating to Self-Employed Work Account levies:
b: to apply the regulations relating to Employers' Account levies to private domestic workers:
c: to make any other changes necessary or desirable to make the regulations consistent with the provisions of this Act relating to private domestic workers.
3: Neither section 330 section 331


1: Title
1: This Act is the Armed Forces Discipline Amendment Act 2005.
2: In this Act, the Armed Forces Discipline Act 1971 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) paragraph (c)(iii) commanding officer
iii: a ship declared by the Chief of Defence Force, the Chief of Navy, the Chief of Army, or the Chief of Air Force to be a service ship: .
2: Section 2(1) paragraph (a)(iii) superior commander the Chief of Naval Staff, the Chief of General Staff, or the Chief of Air Staff the Chief of Navy, the Chief of Army, or the Chief of Air Force
4: Authority to convene courts-martial
Section 119 the Chief of Naval Staff, the Chief of General Staff, or the Chief of Air Staff the Chief of Navy, the Chief of Army, or the Chief of Air Force
5: Constitution of reviewing authorities
Section 151(1)(b)
a: omitting from subparagraph (i) Chief of Naval Staff Chief of Navy
b: omitting from subparagraph (ii) Chief of General Staff Chief of Army
c: omitting from subparagraph (iii) Chief of Air Staff Chief of Air Force


Conservation Amendment Act 2005

1: Title
1: This Act is the Conservation Amendment Act 2005.
2: In this Act, the Conservation Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Transfer or release of live aquatic life
Section 26ZM(4)(b) within 20 working days after the date specified in the advertisement for that purpose (being a date that is not earlier than the date on which the advertisement is first published)


Constitution Amendment Act 2005

1: Title
1: This Act is the Constitution Amendment Act 2005.
2: In this Act, the Constitution Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: House of Representatives
Section 10(4) 1956 1993
4: New
section 20 The principal Act is amended by repealing section 20
20: Lapse or reinstatement of parliamentary business
1: Any Bill, petition, or other business before the House of Representatives or any of its committees during a session of a Parliament (any parliamentary business
a: does not lapse on the prorogation of that Parliament and may be resumed in the next session of Parliament (a session of that Parliament):
b: lapses on the dissolution or expiration of that Parliament, but may be reinstated in the next session of Parliament (a session of the next Parliament).
2: Parliamentary business is reinstated in that next session if, after that dissolution or expiration, the House of Representatives resolves that the parliamentary business be reinstated in that next session. 1977 No 22 s 2(1)
5: Section 21 The principal Act is amended by repealing section 21


Defence Amendment Act 2005

1: Title
1: This Act is the Defence Amendment Act 2005.
2: In this Act, the Defence Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Chief of Defence Force
Section 8(3) paragraph (a)
a: command the Navy through the Chief of Navy, the Army through the Chief of Army, and the Air Force through the Chief of Air Force: and .
4: Chiefs of Staff
1: Section 28(1) Chief of Naval Staff Chief of Navy
2: Section 28(2) Chief of General Staff Chief of Army
3: Section 28(3) Chief of Air Staff Chief of Air Force
4: Section 28(5) Chief of Naval Staff or Chief of General Staff or Chief of Air Staff Chief of Navy or Chief of Army or Chief of Air Force
5: Chiefs of Staff Committee
Section 29(1) paragraphs (b) to (d)
b: the Chief of Navy:
c: the Chief of Army:
d: the Chief of Air Force. .
6: Conditions of service in Armed Forces
Section 45(4) paragraphs (b) to (d)
b: the Chief of Navy; or
c: the Chief of Army; or
d: the Chief of Air Force,— .
7: Unit and other non-public funds
1: Section 58(1)
a: omitting from paragraph (b) Chief of Naval Staff Chief of Navy
b: omitting from paragraph (c) Chief of General Staff Chief of Army
c: omitting from paragraph (d) Chief of Air Staff Chief of Air Force
2: Section 58(3) Chief of Naval Staff Chief of Navy
3: Section 58(4) Chief of General Staff Chief of Army
4: Section 58(5) Chief of Air Staff Chief of Air Force
8: Consequential amendment to
Remuneration Authority Act 1977 Schedule 4 Remuneration Authority Act 1977 The Chief of Navy The Chief of Army The Chief of Air Force.


Electoral Amendment Act 2005

1: Title
1: This Act is the Electoral Amendment Act 2005.
2: In this Act, the Electoral Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Election of list candidates
1: Section 127(4) a copy of
2: Section 127 subsection (5)
5: Every consent submitted under subsection (4)
a: must be in a form provided by the Chief Electoral Officer; and
b: must be signed by the person concerned; and
c: may be submitted by hand, post, or facsimile transmission.
3: Schedule 2 form 5