1: Title
This Act is the Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017.
2: Commencement
1: Section 16(1), (3), and (4)
2: The rest of this Act comes into force immediately after the expiry of the 6-month period that starts on the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Act that was previously called the Dumping and Countervailing Duties Act 1988 principal Act 2017-05-30 Dumping and Countervailing Duties Act 1988 Section 16(1), (3) & (4) only. See s 2(1). 2017-11-29 Dumping and Countervailing Duties Act 1988 Rest of the Act. See s 2(2).
1: Amendments to principal Act
4: Long Title repealed
Repeal the Long Title.
5: Name of principal Act changed
1: As from the commencement of this section,—
a: the Dumping and Countervailing Duties Act 1988
b: every reference in any enactment and in any document to the Dumping and Countervailing Duties Act 1988
2: In the heading to section 1 Short
3: In section 1(1) may be cited as the Dumping and Countervailing Duties is the Trade (Anti-dumping and Countervailing Duties)
6: New sections 1A to 1C and new Part 1 heading inserted
After section 1
1: General provisions
1A: Purpose
The purpose of this Act is to enable New Zealand to apply anti-dumping and countervailing duties in accordance with its obligations as a party to the WTO Agreement. Anti-dumping and countervailing duties are intended to prevent material injury or the threat of material injury to an industry, or the establishment of an industry being materially retarded, due to dumped or subsidised goods being imported into New Zealand.
1B: Overview
1: This section is a guide to the general scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act.
2: In this Act,—
a: this Part specifies the purpose of this Act and defines terms and expressions used in this Act:
b: Part 2
c: Part 3
d: Part 4
e: Part 5
f: Part 6
i: subpart 1
ii: subpart 2
iii: subpart 3
iv: subpart 4
v: subpart 5
g: Part 7
1C: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
7: Section 2 repealed (Application)
Repeal section 2
8: Section 3 amended (Interpretation)
1: In section 3(1) chief executive emergency full review stage 1 sections 17F and 17G full review stage 2 sections 17H to 17J investigation step 1 sections 10C to 10E investigation step 2 sections 10F to 10H new exporter
a: exports goods into New Zealand that are subject to an anti-dumping or a countervailing duty imposed under this Act; and
b: did not export those goods into New Zealand during the period of the original investigation that led to the duty being imposed; and
c: is not related to an exporter who did export those goods into New Zealand during the period of the original investigation that led to the duty being imposed notified parties
a: the Government or Governments of the country or countries of the export of goods to which the notice relates; and
b: exporters and importers known by the chief executive to have an interest in those goods; and
c: the applicant in relation to those goods; and
d: where the Minister or the chief executive is taking action under section 18, the Government of the third country on behalf of whom the Minister or the chief executive is taking action specified period
a: in the case of goods of Singaporean origin, 3 years; and
b: in the case of goods of any other origin, 5 years
2: In section 3(1) day sections 14(2), 17, and 17B(4) sections 13A(1), 17K(2), 17O(3) to (5), 17S(4), and 17W(4)
3: In section 3(1) Secretary
9: New section 3BB inserted (Transitional, savings, and related provisions)
After section 3BA
3BB: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
10: New Part 2 and new Part 3 heading inserted
After section 3D
2: Notice and access to information
3E: Notice and written advice
1: For the purposes of this Act, a reference to a notice
a: is in writing; and
b: contains—
i: a brief summary of the reasons for the giving of the notice; and
ii: any other information required to be specified in the notice; and
c: is given to the notified parties; and
d: is published in the Gazette
2: Notice may be given under subsection (1)(c)—
a: by personal delivery to the party; or
b: by posting it to the last known address of the party; or
c: if the party has a known email address, by sending it to the party at that address by email; or
d: if the party has a known fax number, by sending it to the party at that number by fax.
3: Written advice may be given under sections 10C(2), 10G(1), 17F(2), 17I(1), and 17N(3)
3F: Access to relevant information
1: An interested party may ask the chief executive to provide copies of information relevant to an investigation, a full review, a limited review, a reassessment, or a new exporter reassessment.
2: Subsection (1) does not apply to—
a: confidential information (unless the submitter of the confidential information consents to the confidential information being made available); or
b: other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982.
3: The chief executive may request a submitter of information to provide the chief executive with—
a: a summary, for access by interested parties, of confidential information or other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982; or
b: reasons why a summary cannot be provided.
4: If no document is provided after a request under subsection (3) or if the chief executive is not satisfied with a document provided, the chief executive may disregard the relevant information from the investigation, full review, limited review, reassessment, or new exporter reassessment.
5: In this section, confidential information
a: that making the information available would give a significant competitive advantage to a competitor of the submitter of confidential information:
b: that making the information available would have a significantly adverse effect on—
i: the submitter of confidential information; or
ii: the person from whom the information was acquired by the submitter of the information; or
iii: any person to whom the information relates:
c: that the information should be treated as confidential for reasons other than the reasons described in paragraphs (a) and (b).
3: Dumping, subsidy, and material injury
11: Section 8 amended (Material injury)
In section 8(2)(d)(iv) potential negative
12: Section 9 repealed (Form of notice)
Repeal section 9
13: Sections 10 and 10A replaced
Replace sections 10 10A
4: Investigation
Application
10: Application for investigation
1: One or more New Zealand producers of like goods (or a person acting on behalf of those producers) may, by a properly documented application, apply to the chief executive to start an investigation to determine the existence and effect of alleged dumping or subsidisation of goods imported or intended to be imported into New Zealand.
2: A properly documented application must be in writing and include evidence of—
a: dumping or subsidisation; and
b: material injury or threatened material injury to the industry, or establishment of the industry being materially retarded; and
c: a causal link between the alleged dumping or subsidisation and the alleged material injury, threatened material injury, or establishment of the industry being materially retarded.
3: A properly documented application must include as much of the following information as is reasonably available to the applicant:
a: the names of the New Zealand producers making the application:
b: the names of all other known New Zealand producers of like goods:
c: a description of the volume and value of the domestic production of like goods, both by the producers referred to in paragraph (a) and by the producers referred to in paragraph (b):
d: a complete description of the allegedly dumped or subsidised goods:
e: the names of the countries of origin or export of the allegedly dumped or subsidised goods:
f: the name of each known exporter or overseas producer of the allegedly dumped or subsidised goods:
g: the names of persons known to be importing the allegedly dumped or subsidised goods:
h: in the case of subsidised goods, the existence, amount, and nature of the subsidy:
i: normal values of the allegedly dumped goods when destined for consumption in the domestic markets of the countries of origin or export (or, if appropriate, either the prices at which the goods are sold from the countries of origin for export to third countries, or the prices based on a constructed value):
j: the export prices of the allegedly dumped or subsidised goods (or, if appropriate, the prices at which the goods are first resold in arm's length transactions in New Zealand):
k: the import volumes into New Zealand of the allegedly dumped or subsidised goods:
l: the effects that the imports of the allegedly dumped or subsidised goods have had, or will have, on prices of like goods in New Zealand:
m: the consequent impact of those imports on the industry:
n: relevant factors affecting the industry that may have a bearing on the information required under paragraphs (l) and (m).
10A: Start of investigation
1: The chief executive must start an investigation if the chief executive is satisfied from the evidence in the application that—
a: there is sufficient evidence to justify investigating whether—
i: goods imported or intended to be imported into New Zealand are being dumped or subsidised; and
ii: the alleged dumping or subsidisation—
A: has caused, is causing, or threatens to cause material injury to the industry; or
B: has caused or is causing the establishment of the industry to be materially retarded; and
b: the collective output of those New Zealand producers who have, in writing, expressed support for the application constitutes—
i: 25% or more of the total New Zealand production of like goods produced for domestic consumption (as assessed during the most recent representative period of not less than 6 months); and
ii: more than 50% of the total production of like goods produced for domestic consumption (assessed as referred to in subparagraph (i)) by those New Zealand producers who have, in writing, expressed support for or opposition to the application.
2: The chief executive must, before starting an investigation,—
a: inform the Government or Governments of the country or countries of export of the goods that are the subject of the proposed investigation; and
b: in the case of an application for an investigation into the alleged subsidisation of goods, give that Government or those Governments a reasonable opportunity for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution.
3: Despite subsection (1), the chief executive must not start an investigation in relation to alleged dumping of goods of Australian origin. Investigation steps
10B: Investigation steps
1: If the chief executive starts an investigation under section 10A section 10D(2)
2: The chief executive must give notice of a decision to start each step of an investigation as soon as practicable after the decision is made, and that notice must include the date on which the step of the investigation started or will start. Step 1: dumping, subsidy, and material injury
10C: Step 1: investigation
Dumping, subsidy, and material injury
1: If the chief executive starts an investigation, the chief executive must investigate whether, in relation to imported goods or goods intended to be imported into New Zealand,—
a: the goods are being dumped or subsidised; and
b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation. Procedure
2: The chief executive must, within 150 days after starting investigation step 1, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 10D(1)
3: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the investigation and, on justification being shown, to present that evidence orally; and
b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
4: Subsection (2) does not require the chief executive to provide information that would not be available to an interested party under section 3F
5: The chief executive must report the findings of investigation step 1 to the Minister.
10D: Step 1: determination
1: Within 180 days after the start of investigation step 1 (but not less than 30 days after the written advice is given by the chief executive under section 10C(2)
a: the goods are being dumped or subsidised; and
b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation.
2: If the Minister makes an affirmative determination, the Minister must—
a: determine the rate or amount of anti-dumping or countervailing duty, in accordance with section 10E
b: direct the chief executive to immediately start investigation step 2.
3: If the Minister makes a negative determination, the Minister must terminate the investigation under section 11.
4: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
5: In this section,— affirmative determination
a: the goods are being dumped or subsidised; and
b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation negative determination
10E: Determining rate or amount of anti-dumping or countervailing duty
1: The Minister may, in respect of dumped or subsidised goods,—
a: determine different rates or amounts of duty for named exporters:
b: determine a residual rate or amount of duty for all other exporters from the same country as a named exporter.
2: The Minister must, in determining the rate or amount of the duty, have regard to—
a: the desirability of ensuring that the rate or amount is not greater than is necessary to—
i: prevent the material injury or a recurrence of the material injury; or
ii: remove the threat of material injury to an industry; or
iii: prevent the material retardation to the establishment of an industry; and
b: New Zealand’s obligations as a party to the WTO Agreement.
3: The rate or amount must not exceed,—
a: in the case of dumped goods, the difference between the export price of the goods and their normal value; and
b: in the case of subsidised goods, the amount of the subsidy on the goods. Step 2: public interest
10F: Step 2: investigation
1: If the Minister directs the chief executive to start investigation step 2, the chief executive must investigate whether imposing an anti-dumping or a countervailing duty at the rate or amount determined under section 10D(2)(a)
2: Imposing the duty is in the public interest unless the cost to downstream industries and consumers of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing the duty.
3: In investigating whether imposing the duty is in the public interest, the matters the chief executive must investigate include the following:
a: the effect of the duty on the prices of the dumped or subsidised goods:
b: the effect of the duty on the prices of like goods produced in New Zealand:
c: the effect of the duty on the choice or availability of like goods:
d: the effect of the duty on product and service quality:
e: the effect of the duty on the financial performance of the domestic industry:
f: the effect of the duty on employment levels:
g: whether there is an alternative supply (domestically or internationally) of like goods available:
h: any factor that the chief executive considers essential to ensure the existence of competition in the market.
4: In this section,— consumers
a: New Zealand consumers of—
i: the dumped or subsidised goods; or
ii: like goods; or
iii: the other goods referred to in paragraph (a) of the definition of downstream industries; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant New Zealand consumers domestic industry section 10D(1)(b) downstream industries
a: each immediate downstream New Zealand industry that uses the dumped or subsidised goods, or like goods, as an input in the production of other goods; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant downstream New Zealand industry.
10G: Step 2: procedure
1: The chief executive must, within 60 days after starting investigation step 2, give the notified parties written advice of the preliminary findings that are likely to form the basis for a determination to be made by the Minister under section 10H(1)
2: The chief executive must give all persons that the chief executive considers would be significantly affected by imposing the duty a reasonable opportunity to present, in writing, all evidence relevant to the investigation and, on justification being shown, to present that evidence orally.
3: Subsection (1) does not require the chief executive to provide information that would not be available to an interested party under section 3F
4: The chief executive must report the findings of investigation step 2 to the Minister.
10H: Step 2: determination
1: Within 90 days after the start of investigation step 2 (but not less than 30 days after the written advice is given by the chief executive under section 10G(1) see section 10F(2)
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. Termination of investigations
14: Section 11 amended (Termination of investigations)
1: In section 11(1) final determination under section 13 determination under section 10H(1) section 10D(1)
2: In section 11(1)(e) section 10(3) section 10A(1)(b)
3: In section 11(1)(e) initiated started
4: In section 11(3) initiate start
5: In section 11(4) initiation start
15: Sections 13 and 14 replaced
Replace sections 13 14
5: Anti-dumping and countervailing duties
13: Imposing anti-dumping or countervailing duty
1: If the Minister determines under section 10H(1) section 10D(2)(a)
a: to be known as anti-dumping duty, in respect of those goods that are dumped:
b: to be known as countervailing duty, in respect of those goods that are subsidised.
2: The Minister must give notice of the imposition of a duty under subsection (1) as soon as practicable after the imposition is made.
3: Despite subsection (1), the Minister must not impose a countervailing duty if to do so would be inconsistent with New Zealand's obligations as a party to the WTO Agreement.
4: Subsection (1) is subject to section 13B
13A: Period of anti-dumping or countervailing duty
1: A duty imposed under section 13(1)
a: has effect on and from the applicable date referred to in section 17, 17A, or 17B; and
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under section 13(2) Gazette
c: ceases to be payable from the date that is the specified period after the date on which the duty has effect under paragraph (a).
2: Subsection (1)(c) is subject to section 13B Part 6
13B: Natural disasters or emergencies
Deferral and non-imposition
1: Despite section 13(1)
a: defer imposing a duty; or
b: elect not to impose a duty.
2: If the Minister defers imposing a duty,—
a: the Minister must specify the period of deferral in the notice; and
b: the Minister may, by further notice, change the period of a deferral. Suspension and termination
3: If the Minister considers that the users of goods subject to an anti-dumping or a countervailing duty have been significantly impacted by a natural disaster or emergency, the Minister may, by notice, terminate or suspend, in whole or in part, the imposition of the duty.
4: If the Minister suspends the imposition of the duty,—
a: the Minister must specify, in the notice, the period of suspension (which may start before the date of the notice); and
b: the Minister may, by further notice, change a period of suspension.
5: If the Minister terminates the imposition of the duty, the date of termination specified in the notice may be before the date of the notice.
16: Section 14AA amended (Temporary suspension of anti-dumping duties on residential building material)
1: In section 14AA(1)
2: In section 14AA(2)(a) section 14(1) section 13(1)
3: Replace section 14AA(2)(b)
b: existing anti-dumping duties on standard plasterboard from Thailand are suspended.
4: In section 14AA(3) and (4)
5: In section 14AA(5)(a) section 14(7) section 17Y
6: After section 14AA(5)
6: The following are repealed on 31 July 2019:
a: this section:
b: in section 3(1), the definitions of building material residential building material
17: Section 15 amended (Price undertakings)
1: In section 15(1) initiated an investigation pursuant to section 10 started an investigation under section 10A
2: After section 15(5)
5A: If an investigation referred to in subsection (4) is completed and the Minister determines that imposing an anti-dumping or a countervailing duty is not in the public interest, the undertaking automatically lapses.
18: Section 16 amended (Provisional measures)
1: In section 16(1) initiated by the Secretary under section 10 started by the chief executive under section 10A
2: In section 16(2) initiated started
3: Replace section 16(3)
3: A provisional direction given under subsection (1) or (2) ceases to have effect from—
a: the date of the determination made by the Minister under section 10H(1)
b: if no determination has been, or will be, made under section 10H(1) section 10D(1)
4: In section 16(5) section 14(4) section 10D(2)(a)
5: In section 16(6) section 14(4) section 10D(2)(a)
19: Section 17 amended (Date on and from which duty payable)
1: In section 17(b) final determination under section 13(1) determination under section 10H(1)
2: After section 17(b)
ba: for a full review stage 2 determination under section 17J(1)
i: the day after the date of that determination; or
ii: a specified day after the day in subparagraph (i):
3: In section 17(c) section 14(6) section 17S section 17W
4: In section 17(c)(i) that reassessment determination the reassessment determination or the new exporter reassessment determination
20: Section 17A amended (Duty may be levied retrospectively to cover period of provisional measures if certain conditions met)
Replace section 17A(1)
1: This section applies if the Minister makes a provisional direction and later—
a: makes a determination under section 10D(1)
i: material injury to an industry; or
ii: a threat of material injury where there would have been material injury if there had not been provisional measures; and
b: makes a determination under section 10H(1)
21: New Part 6 and new Part 7 heading inserted
After section 17B
6: Review and reassessment
1: Full review
Full review: purpose, start, and stages
17C: Purpose of full review
The purpose of a full review is to investigate, in relation to an anti-dumping or a countervailing duty, whether—
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied.
17D: Start of full review
1: The chief executive must start a full review of a duty after receiving an application from an interested party that includes positive evidence justifying the need for a full review.
2: The chief executive may start a full review of a duty at the chief executive’s discretion.
3: Subsection (4) applies if—
a: the chief executive starts a full review of an existing duty; and
b: the duty would, apart from subsection (4), cease to be payable during the period of the investigation.
4: The existing duty does not cease to be payable during the period of the investigation and remains payable until the duty is—
a: terminated following a negative determination under section 17G(1)
b: terminated following a determination that continuing to impose the duty is not in the public interest; or
c: replaced with a new duty under section 17K(2)
17E: Full review stages
1: If the chief executive starts a full review under section 17D section 17G(2)
2: The chief executive must give notice of a decision to start each stage of a full review as soon as practicable after the decision is made, and that notice must include the date on which each stage of the full review started or will start. Full review stage 1: dumping, subsidy, and material injury
17F: Full review stage 1: investigation
Dumping, subsidy, and material injury
1: If the chief executive starts a full review, the chief executive must investigate, in relation to an anti-dumping or a countervailing duty, whether—
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied. Procedure
2: The chief executive must, within 150 days after starting full review stage 1, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 17G(1)
3: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the full review and, on justification being shown, to present that evidence orally; and
b: on request being made by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
4: Subsection (2) does not require the chief executive to provide information that would not be available to an interested party under section 3F
5: The chief executive must report the findings of full review stage 1 to the Minister.
17G: Full review stage 1: determination
1: Within 180 days after the start of full review stage 1 (but not less than 30 days after the written advice is given by the chief executive under section 17F(2)
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied.
2: If the Minister makes an affirmative determination, the Minister must—
a: determine the rate or amount of anti-dumping or countervailing duty, in accordance with section 10E
b: direct the chief executive to immediately start full review stage 2.
3: If the Minister makes a negative determination, the Minister must terminate the imposition of the duty under section 17Y(1).
4: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
5: In this section,— affirmative determination
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied negative determination Full review stage 2: public interest
17H: Full review stage 2: investigation
1: If the Minister directs the chief executive to start full review stage 2, the chief executive must investigate whether continuing to impose an anti-dumping or a countervailing duty at the rate or amount determined under section 17G(2)(a)
2: Continuing to impose the duty is in the public interest unless the cost to downstream industries and consumers of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing the duty.
3: In investigating whether continuing to impose the duty is in the public interest, the matters the chief executive must investigate include those referred to in section 10F(3)
4: In this section,— consumers
a: New Zealand consumers of—
i: the dumped or subsidised goods; or
ii: like goods; or
iii: the other goods referred to in paragraph (a) of the definition of downstream industries; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant New Zealand consumers domestic industry section 17G(1)(b) downstream industries
a: each immediate downstream New Zealand industry that uses the dumped or subsidised goods, or like goods, as an input in the production of other goods; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant downstream New Zealand industry.
17I: Full review stage 2: procedure
1: The chief executive must, within 60 days after starting full review stage 2, give the notified parties written advice of the preliminary findings that are likely to form the basis for a determination to be made by the Minister under section 17J(1)
2: The chief executive must give all persons that the chief executive considers would be significantly affected by continuing to impose the duty a reasonable opportunity to present, in writing, all evidence relevant to full review stage 2 and, on justification being shown, to present that evidence orally.
3: Subsection (1) does not require the chief executive to provide information that would not be available to an interested party under section 3F
4: The chief executive must report the findings of full review stage 2 to the Minister.
17J: Full review stage 2: determination
1: Within 90 days after the start of full review stage 2 (but not less than 30 days after the written advice is given by the chief executive under section 17I(1) see section 17H(2)
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. Full review: continued imposition of duty
17K: Full review: continued imposition of duty
1: If the Minister determines that continuing to impose the anti-dumping or countervailing duty is in the public interest, the Minister must continue to impose a duty, at the rate or amount determined under section 17G(2)(a)
a: to be known as anti-dumping duty, in respect of those goods that are dumped:
b: to be known as countervailing duty, in respect of those goods that are subsidised.
2: A duty that continues to be imposed under subsection (1)—
a: replaces the existing duty with effect on and from the applicable date referred to in section 17; and
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (3) is published in the Gazette
c: ceases to be payable from the date that is the specified period after the date on which the duty has effect under paragraph (a).
3: The Minister must give notice of the continued imposition of a duty under subsection (1) as soon as practicable after the imposition is made.
4: If the Minister determines that continuing to impose the duty is not in the public interest, the Minister must terminate the imposition of the duty under section 17Y(1)
2: Limited review
17L: Purpose of limited review
The purpose of a limited review is to investigate, in relation to an anti-dumping or a countervailing duty, 1 or more of the following:
a: whether the scope of goods subject to the duty should be reduced:
b: whether an exporter should be exempted from the duty:
c: whether continued imposition of the duty is necessary to offset dumping:
d: whether material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty were removed or varied.
17M: Start of limited review
1: The chief executive may start a limited review of a duty—
a: after receiving an application from an interested party that includes positive evidence justifying the need for a limited review; or
b: at the chief executive’s discretion.
2: The chief executive must give notice of a decision to start a limited review as soon as practicable after the decision is made, and that notice must include the date on which the limited review started or will start.
17N: Limited review: investigation
1: If the chief executive starts a limited review under section 17M section 17L
2: However, if the matters in section 17L(c) and (d) subpart 1
3: The chief executive must, within 150 days after starting a limited review, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 17O(1)
4: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the limited review and, on justification being shown, to present that evidence orally; and
b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
5: Subsection (3) does not require the chief executive to provide information that would not be available to an interested party under section 3F
6: The chief executive must report the findings of the limited review to the Minister.
17O: Limited review: determination
1: Within 180 days after the start of the limited review (but not less than 30 days after the written advice is given by the chief executive under section 17N(3)
2: The Minister must give notice of a determination as soon as practicable after the determination is made.
3: A determination has effect on and from the day after the date on which the notice under subsection (2) is published in the Gazette
4: If the Minister determines that the scope of goods subject to the duty should be reduced, the duty ceases to be payable on those goods that are no longer within the scope of the duty on and from the day after the date on which the notice under subsection (2) is published in the Gazette
5: If the Minister determines that an exporter should be exempted from the duty, that exporter is exempt from the duty on and from the day after the date on which the notice under subsection (2) is published in the Gazette
6: The Minister must terminate the imposition of the duty under section 17Y(1)
a: continued imposition of the duty is not necessary to offset dumping; or
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would not be likely to continue or recur if the duty were removed or varied.
3: Reassessment
17P: Purpose of reassessment
The purpose of a reassessment is to reassess the rate or amount of an anti-dumping or a countervailing duty (which may include any element of a formula used to establish the rate or amount).
17Q: Start of reassessment
1: The chief executive may start a reassessment of the rate or amount of an anti-dumping or a countervailing duty—
a: after receiving a request from an interested party that includes positive evidence justifying the need for a reassessment; or
b: at the chief executive’s discretion.
2: The chief executive must give notice of a decision to start a reassessment as soon as practicable after the decision is made, and that notice must include the date on which the reassessment started or will start.
17R: Reassessment of rate or amount of duty
1: If the chief executive starts a reassessment under section 17Q
2: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the reassessment and, on justification being shown, to present that evidence orally; and
b: on request being made by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
3: The chief executive must report the findings of a reassessment to the Minister.
17S: Reassessment determination
1: The Minister must determine a reassessed rate or amount of the duty (which may be the same rate or amount as applied before the reassessment).
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
3: Section 10E section 10D(2)(a)
4: The reassessed duty—
a: replaces the existing duty with effect on and from the applicable date referred to in section 17; and
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (2) is published in the Gazette
c: ceases to be payable from the date that the original duty would, but for the reassessment, have ceased to be payable in accordance with section 13A(1) and (2)
5: If a reassessment results in a lower rate or amount of duty being imposed on goods, the Minister may require Customs to refund, with effect from the date of the start of the reassessment, the difference between the duty paid and the lower rate or amount of duty.
4: New exporter reassessment
17T: Purpose of new exporter reassessment
The purpose of a new exporter reassessment is to reassess the rate or amount of an anti-dumping or a countervailing duty (which may include any element of a formula used to establish the rate or amount) in respect of a new exporter.
17U: Start of new exporter reassessment
1: The chief executive may start a new exporter reassessment of the rate or amount of an anti-dumping or a countervailing duty after receiving a request from a new exporter that submits positive evidence justifying the need for a new exporter reassessment.
2: The chief executive must give notice of a decision to start a new exporter reassessment as soon as practicable after the decision is made, and that notice must include the date on which the new exporter reassessment started or will start.
17V: New exporter reassessment of rate or amount of duty
1: If the chief executive starts a new exporter reassessment under section 17U
2: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the new exporter reassessment and, on justification being shown, to present that evidence orally; and
b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
3: The chief executive must report the findings of a new exporter reassessment to the Minister.
17W: New exporter reassessment determination
1: The Minister must determine a reassessed rate or amount of the duty for the new exporter (which may be the same rate or amount as for other exporters).
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
3: Section 10E applies (with all necessary modifications) to the new exporter reassessment determination as if the new exporter reassessment determination were a determination under section 10D(2)(a).
4: The reassessed duty—
a: has effect for the new exporter on and from the applicable date referred to in section 17; and
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (2) is published in the Gazette
c: ceases to be payable from the date that the original duty ceases to be payable in accordance with section 13A(1) and (2)
17X: Imposition of duty during new exporter reassessment
1: No anti-dumping or countervailing duty may be imposed on goods imported from a new exporter during a new exporter reassessment.
2: Despite section 17W(4) and subsection (1) section 17W
3: Despite subsection (1), the Minister may, by notice, give a provisional direction that payment of an anti-dumping or a countervailing duty at the residual rate in respect of goods that are subject to a new exporter reassessment must be secured in accordance with sections 156 and 157 of the Customs and Excise Act 1996.
4: A provisional direction given under subsection (3) ceases to have effect following a determination made by the Minister under section 17W
5: If a provisional direction given under subsection (3) ceases to have effect, security given under the provisional direction must be released, except to the extent that duties are payable on goods imported before the direction ceased to have effect.
6: If the amount of duty imposed under a provisional direction under subsection (3) exceeds the amount of duty determined under section 17W
7: If the amount of duty imposed under a provisional direction under subsection (3) is less than the amount of duty determined under section 17W
5: Termination
17Y: Termination of anti-dumping or countervailing duty
1: The Minister may, by notice, terminate, in whole or in part, the imposition of an anti-dumping or a countervailing duty.
2: The date of termination specified in the notice may be before the date of the notice.
7: Third country anti-dumping duties
22: Section 18 amended (Third country anti-dumping and countervailing duties)
1: In the heading to section 18 and countervailing
2: In section 18 Where the Government This section applies if the Government
3: In section 18(a)(ii) or subsidised
4: In section 18(b) or subsidisation
5: In section 18(b)(ii) retarded,— retarded.
6: In section 18 the provisions of this Act (including, without limitation, sections 10, 11, 14, 15, 16, 17, 17A, and 17B) shall, with all necessary modifications, apply with respect to the effect of those goods on that third country's domestic industry in the same manner as they apply with respect to the effect of those goods on a New Zealand industry.
7: In section 18
2: The provisions of this Act apply with all necessary modifications as if—
a: references to the effect of the goods on a New Zealand industry were references to the effect of those goods on the third country's domestic industry; and
b: references to New Zealand producers in sections 3A, 8(2), 10(1) and (3), 10A(1)(b), and 11(1) were references to producers of that third country; and
c: references to New Zealand production or domestic production in sections 3A(b), 10(3)(c), and 10A(1)(b) were references to production in that third country; and
d: references to New Zealand industry in sections 8(1)(c) and 11(1)(b) were references to the domestic industry of that third country; and
e: the reference to goods produced in New Zealand in section 10F(3)(b)
f: the reference to production or consumption in New Zealand in section 8(2)(a) were a reference to production or consumption in—
i: New Zealand; or
ii: if the Minister considers it appropriate, a combination of both New Zealand and that third country; and
g: references to domestic consumption in section 10A(1)(b)
h: in sections 10F(4) and 17H(4) domestic industry
i: the New Zealand domestic industry (if any); or
ii: if the Minister considers it appropriate, a combination of both the New Zealand domestic industry (if any) and the domestic industry of that third country.
3: However,—
a: references to prices in section 8(1)(b) and (2)(b) and (d)(ii) and section 10(3)(l)
b: references to downstream industries and consumers in sections 10F(4) and 17H(4) Example
The Government of country X advises the chief executive that— goods imported into New Zealand were produced in country Y: those goods have been dumped: by reason of the dumping, material injury to a domestic industry of country X has been caused. The provisions of this Act apply as if references to the effect of those goods on a New Zealand industry were references to the effect of those goods on country X’s domestic industry.
23: Section 19 repealed (Savings)
Repeal section 19
24: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 1
25: Amendments to replace references to Secretary
In the provisions specified in Schedule 2 Secretary chief executive
2: Consequential amendments to other enactments
26: Consequential amendments to other enactments
1: Amend the Acts specified in Part 1
2: Amend the regulations specified in Part 2 2017-11-29 Customs and Excise Act 1996 Trade (Safeguard Measures) Act 2014 Trans-Tasman Mutual Recognition Act 1997 Customs and Excise Regulations 1996 See s 2(2).


1: Title
This Act is the Taxation (Budget Measures: Family Incomes Package) Act 2017.
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: Part 1
3: Part 2 section 24
4: Section 24
1: Amendments to Income Tax Act 2007
3: Income Tax Act 2007 amended
This Part amends the Income Tax Act 2007 2018-04-01 Income Tax Act 2007 See s 2(2)
4: Section HC 24 amended (Trustees’ obligations)
1: In section HC 24(2) subparts LC and LD (which relate to tax credits for natural persons and for certain gifts) subpart LD (Tax credits for gifts and donations)
2: This section applies for the 2018–19 and later tax years.
5: Cross-heading and section LC 13 repealed (Tax credits for independent earners)
1: The cross-heading before section LC 13
2: Section LC 13
3: This section applies for the 2018–19 and later tax years.
6: Section MD 3 amended (Calculation of family tax credit)
1: Replace section MD 3(4)(a)
a: for the eldest dependent child for whom the person is a principal caregiver during the entitlement period, $5,303; and
b: for each dependent child for whom the person is a principal caregiver during the entitlement period, other than the eldest dependent child, $4,745.
2: In section MD 3(6) subsection (4)(a)(i) and (ii), and (b)(i) to (iii) subsection (4)(a) and (b)
3: This section applies for the 2018–19 and later tax years.
7: Section MD 13 amended (Calculation of family credit abatement)
1: In section MD 13(3)(a)(i) $36,350, 22.5 cents $35,000, 25 cents
2: In section MD 13(3)(a)(ii) $36,350, 22.5 cents $35,000, 25 cents
3: This section applies for the 2018–19 and later tax years.
8: Section MF 7 amended (Orders in Council)
1: In section MF 7(1)(a) section MD 3(4)(a)(i) and (b)(i) and (ii) section MD 3(4)(a) and (b)
2: Replace section MF 7(1)(a)(i)
i: correspond to the movement in the New Zealand Consumer Price Index that has not yet been taken into account by an increase:
3: Repeal section MF 7(1)(ab)
4: Replace section MF 7(2)(a)
a: in the case of the first Order in Council made under subsection (1)(a)
b: in the case of the second Order in Council under subsection (1)(a)
c: in the case of a subsequent Order in Council under subsection (1)(a)
5: Replace section MF 7(2B) How movement in CPI determined
2B: For the purposes of subsections (1)(a)(i) and (2)(a), (b), and (c)
a: the number that, when the period started, was the most recent quarterly index number of the New Zealand Consumers Price Index all groups excluding cigarettes and other tobacco products:
b: the number that, when the period ended, was the most recent quarterly index number of the New Zealand Consumers Price Index all groups excluding cigarettes and other tobacco products.
6: Repeal section MF 7(2C)
7: This section applies for the 2018–19 and later tax years.
9: Section RC 5 amended (Methods for calculating provisional tax liability)
1: In section RC 5(4) Sections RZ 3 (Standard method: 2010–11 to 2012–13 income years) and RZ 5D (Standard method or GST method: transition for Maori authorities) Section RZ 1
2: This section applies for the 2018–19 and later income years.
10: Section RC 10 amended (Calculating amount of instalment under standard and estimation methods)
1: Replace section RC 10(3)(a)(i)
i: for the preceding tax year, uplifted by 5% (modified as applicable by section RZ 2
ii: for the tax year before the preceding tax year, uplifted by 10% (modified as applicable by section RZ 2
2: This section applies for the 2018–19 and later income years.
11: Section RD 10 amended (Amounts of tax for PAYE income payments)
1: In section RD 10(2)(a) $48,000 $52,000
2: This section applies for the 2018–19 and later income years.
12: Section RD 17 amended (Payment of extra pay with other PAYE income payments)
1: In section RD 17(2)(a) $14,000 $22,000
2: In section RD 17(2)(b) $14,000 $22,000
3: In section RD 17(2)(b) $48,000 $52,000
4: In section RD 17(2)(c) $48,000 $52,000
5: In section RD 17(4)(c)(ii) $14,001 $22,001
6: In section RD 17(4)(c)(iii) $48,001 $52,001
7: This section applies for the 2018–19 and later income years.
13: Sections RZ 1 to RZ 5D replaced
1: Sections RZ 1 to RZ 5D
RZ 1: Calculating amounts under standard method: section RC 5: 2018–19 and 2019–20 income years
When this section applies
1: This section applies to the calculation of a person’s provisional tax liability when—
a: section RC 5 (Methods for calculating provisional tax liability) applies for the person, for instalments payable for the 2018–19 and 2019–20 income years; and
b: the person is a new personal tax threshold person. Standard method modified: for 5% uplift
2: The standard method under section RC 5(2) is modified so that for the 2018–19 income year, instead of using 105%, the amount of provisional tax payable is calculated using 100%. Standard method modified: for 10% uplift
3: The standard method under section RC 5(3) is modified so that for the 2018–19 and 2019–20 income years, instead of using 110%, the amount of provisional tax payable is calculated using 105%. amount, income year, new personal tax threshold person, pay, provisional tax
RZ 2: Calculating amounts under standard method: section RC 10: 2018–19 and 2019–20 income years
When this section applies
1: This section applies to the calculation of a person’s provisional tax liability when—
a: section RC 10 (Calculating amount of instalment under standard and estimation methods) applies for the person, for instalments payable for the 2018–19 and 2019–20 income years; and
b: the person is a new personal tax threshold person. Standard method modified: for 5% uplift
2: In the calculation of the amount of an instalment, section RC 10(3)(a)(i) is modified so that for the 2018–19 income year, instead of using a 5% uplift, the amount of provisional tax payable is calculated using a 0% uplift. Standard method modified: for 10% uplift
3: In the calculation of the amount of an instalment, section RC 10(3)(a)(ii) is modified so that for the 2018–19 and 2019–20 income years, instead of using a 10% uplift, the amount of provisional tax payable is calculated using an 5% uplift. amount, income year, new personal tax threshold person, pay, provisional tax
2: This section applies for the 2018–19 and later income years.
14: Section YA 1 amended (Definitions)
1: This section amends section YA 1
2: In the definition of civil union partner and in section LC 13
3: Replace the definition of new personal tax rate person new personal tax threshold person
4: In the definition of non-refundable tax credit
5: In the definition of residual income tax
6: This section applies for the 2018–19 and later income years.
15: Schedule 1 amended (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits)
1: In schedule 1 $14,000 $22,000
2: In schedule 1 $14,001–$48,000 $22,001–$52,000
3: In schedule 1 $48,001 $52,001
4: In schedule 1 $12,530 $19,690
5: In schedule 1 $12,531–$40,580 $19,691–$44,440
6: In schedule 1 $40,581–55,980 $44,441–57,040
7: In schedule 1 $55,981 $57,041
8: In schedule 1 $16,800 $26,400
9: In schedule 1 $16,801–$57,600 $26,401–$62,400
10: In schedule 1 $57,601 $62,401
11: In schedule 1 $14,000 $22,000
12: This section applies for the 2018–19 and later income years.
16: Schedule 2 amended (Basic tax rates for PAYE income payments)
1: In the heading to schedule 2 and “ME” tax codes tax code
2: In schedule 2 or ‘ME’
3: In the heading to schedule 2 and “ME” tax codes tax code
4: In schedule 2 or ‘ME’
5: In schedule 2 $14,000 $22,000
6: This section applies for the 2018–19 and later income years.
17: Schedule 6 amended (Prescribed rates: PIE investments and retirement scheme contributions)
1: In schedule 6 $48,000 $52,000
2: In schedule 6 $14,000 $22,000
3: In schedule 6 $48,000 $52,000
4: In schedule 6 $48,000 $52,000
5: In schedule 6 $14,000 $22,000
6: In schedule 6 $48,000 $52,000
7: In schedule 6 $14,000 $22,000
8: This section applies for the 2018–19 and later income years.
18: Schedule 31 amended (Annualised equivalent amount for Part M)
1: In schedule 31 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 31 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. Amount does not exceed $35,000 $35,000 Amount exceeds $35,000 but does not exceed $36,500 $36,500 Amount exceeds $36,500 but does not exceed $38,000 $38,000
2: This section applies for the 2018–19 and later tax years.
2: Amendments to other enactments
Amendments to Tax Administration Act 1994
19: Tax Administration Act 1994 amended
Sections 20 to 22 Tax Administration Act 1994 2018-04-01 Tax Administration Act 1994 See s 2(3)
20: Section 24B amended (PAYE tax codes)
1: In section 24B(3)(a) when the employee is not entitled to a tax credit under section LC 13
2: Repeal section 24B(3)(ab)
3: In section 24B(3)(bb) $14,000 $22,000
4: In section 24B(3)(c) $48,000 $52,000
5: In section 24B(3)(d) $48,000 $52,000
6: This section applies for the 2018–19 and later tax years.
21: Section 33AA amended (Exceptions to requirement for return of income)
1: In section 33AA(3)(c)(i) $14,000 $22,000
2: In section 33AA(3)(c)(i) $48,000 $52,000
3: In section 33AA(3)(c)(ii) $48,000 $52,000
4: In section 33AA(3)(d)(i) $14,000 $22,000
5: In section 33AA(3)(d)(i) $48,000 $52,000
6: In section 33AA(3)(d)(ii) $48,000 $52,000
7: In section 33AA(3)(e)(i) $14,000 $22,000
8: In section 33AA(3)(e)(i) $48,000 $52,000
9: In section 33AA(3)(e)(ii) $48,000 $52,000
10: In section 33AA(3)(f) $48,000 $52,000
11: This section applies for the 2018–19 and later tax years.
22: Section 33C amended (Return not required for certain providers of personal services)
1: In section 33C(b) $14,000 $22,000
2: This section applies for the 2018–19 and later tax years. Amendments to Taxation (Annual Rates and Budget Measures) Act 2011
23: Taxation (Annual Rates and Budget Measures) Act 2011 amended
Repeal sections 2(3), (4), and (5) 5(2), (3), and (4) 14B 2018-04-01 Taxation (Annual Rates and Budget Measures) Act 2011 See s 2(3) Amendment to Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016
24: Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 amended
Repeal section 8 2017-05-29 Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 See s 2(4). Treated as coming into force on 30 May 2016


Statutes Repeal Act 2017

1: Title
This Act is the Statutes Repeal Act 2017.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Repeals
1: The Acts specified in Part 1
2: The Acts specified in Part 2 2017-06-03 Auckland Harbour Bridge Authority Dissolution Act 1983 Children's Health Camps Board Dissolution Act 1999 Christchurch–Lyttelton Road Tunnel Authority Dissolution Act 1978 Church Property Trustees (Canterbury) Indemnity Act 1890 Consolidated Statutes Enactment Act 1908 Consumer Council Act Repeal Act 1988 Counties Insurance Empowering Act 1941 Customs Law Act 1908 Education Law Amendment Act 1933 Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Farm Ownership Savings Act 1974 Finance Act 1930 (No 2) Finance Act 1931 (No 2) Finance Act 1931 (No 4) Finance Act 1932 Finance Act 1933 Finance Act 1933 (No 2) Finance Act (No 2) 1935 Finance Act (No 2) 1939 Finance Act (No 2) 1940 Finance Act (No 3) 1940 Finance Act 1941 Finance Act (No 2) 1941 Finance Act (No 2) 1942 Finance Act 1945 Finance Act (No 2) 1945 Finance Act 1946 Finance Act (No 2) 1946 Finance Act 1947 Finance Act (No 2) 1947 Finance Act 1948 Finance Act (No 2) 1948 Finance Act 1949 Finance Act (No 2) 1949 Finance Act 1951 Finance Act 1952 Finance Act (No 2) 1952 Finance Act (No 2) 1953 Finance Act 1954 Finance Act 1955 Finance Act 1956 Finance Act 1957 Finance Act 1958 Finance Act 1959 Finance Act 1960 Finance Act 1961 Finance Act 1962 Finance Act 1963 Finance Act 1964 Finance Act (No 2) 1967 Finance Act 1968 Finance Act 1969 Finance Act 1971 Finance Act 1972 Finance Act 1973 Finance Act 1975 Finance Act 1977 Finance Act 1980 Finance Act 1981 Finance Act (No 2) 1981 Finance Act 1982 Finance Act 1983 Finance Act 1986 Finance Act 1987 Finance Act (No 2) 1988 Finance Act 1989 Finance Act (No 2) 1989 Finance Act (No 2) 1990 Amendment Act 1997 Finance Act (No 3) 1990 (1990 No 115) Finance Act 1991 Finance Act 1993 Finance Act (No 2) 1994 Fishing Vessel Ownership Savings Act 1977 Forests Amendment Act 1996 Hawke's Bay Earthquake Act 1931 Hawke's Bay Earthquake Relief Funds Act 1931 Hutt Road Act 1939 Infants Act Repeal Act 1989 Labour Department Act Repeal Act 1989 Licensing Fund Act 1989 Liverpool and London and Globe Insurance Company Act 1879 Local Authority Reorganisation (Property Transfers) Act 1990 Local Restoration Polls Act 1990 Marine and Power Engineers' Institute Industrial Disputes Act 1974 Mental Hospitals Reserves Act 1908 Michael Connelly Appointment Validation Act 1936 Ministry of Economic Development Act 2000 Mortgagors and Lessees Rehabilitation Act 1936 Mount Albert Licensing Trust Dissolution Act 1986 Municipal Insurance Act 1960 National Development Act Repeal Act 1986 National Expenditure Adjustment Act 1932 New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990 New Zealand Export-Import Corporation Dissolution Act 1992 New Zealand National Airways Corporation Dissolution Act 1978 New Zealand Stock Exchange Restructuring Act 2002 Okarito Harbour Act 1932–33 Phoenix Assurance Company of London Act 1887 Post Office Act Repeal Act 1987 Public Safety Conservation Act Repeal Act 1987 Public Service Investment Society Management Act (No 2) 1979 Rent Restriction Act 1924 Rent Restriction Extension Act 1931 Royal New Zealand Institute of Horticulture Act 1953 Rugby World Cup 2011 (Empowering) Act 2010 Seamen's Union Funds Act 1971 Sentencing Council Act 2007 Southland Electricity Act 1993 Southland Flood Relief Committee Empowering Act 1992 State Insurance Act 1990 State Sector Amendment Act (No 2) 2004 Statutes Amendment Act 1943 Statutes Amendment Act 1944 Statutes Repeal Act 1907 Sydenham Money Club Act 2001 Taranaki Harbours Act 1965 Taxation Acts Repeal Act 1986 Terralink NZ Limited (Transfer of Employees) Act 1996 Tobacco Growing Industry Repeal Act 1987 Tourist Hotel Corporation of New Zealand Act 1989 Trade and Industry Act Repeal Act 1988 Waimakariri - Ashley Water Supply Act 1961 Waterfront Industry Reform Act 1989 Waterfront Industry Restructuring Act 1989 Wellington City Reserves Act 1872 Wheat Board Amendment Act 1986 Year 2000 Information Disclosure Act 1999 2017-06-03 Administration of Community Sentences and Orders Act 2013 Fisheries Act 1996 Government Superannuation Fund Amendment Act (No 2) 1990 Medicines Amendment Act 2013 Parole Amendment Act 2007 Sentencing Amendment Act 2007 Sport and Recreation New Zealand Act 2002 State Sector Act 1988 Wellington City Reserves Act 1871
4: Amendments to, and revocations of, other enactments
1: Amend the Acts specified in Schedule 2
2: Consequentially amend the Acts specified in Part 1
3: The regulations specified in Part 2 2017-06-03 Flags, Emblems, and Names Protection Act 1981 Government Roading Powers Act 1989 Public Works Act 1981 State Sector Act 1988 Flags, Emblems, and Names Protection Act 1981 in Schedule 2 s 4(1), and Schedule 3 Part 1 s 4(2) 2017-06-03 Armed Forces Discipline Act 1971 Flags, Emblems, and Names Protection Act 1981 Goods and Services Tax Act 1985 Home Ownership Savings Act 1974 Income Tax Act 2007 Inquiries Act 2013 Land Transfer (Hawke’s Bay) Amendment Act 1933 Major Events Management Act 2007 Official Information Act 1982 Public Finance Act 1989 Sentencing Act 2002 Sport and Recreation New Zealand Act 2002 State-Owned Enterprises Act 1986 Tax Administration Act 1994 Trustee Banks Restructuring Act Repeal Act 1999 Flags, Emblems, and Names Protection Act 1981 in Schedule 2 s 4(1), and Schedule 3 Part 1 s 4(2) 2017-06-03 New Zealand National Airways Corporation Dissolution Act Commencement Order 1978 Sentencing Council Act 2007 Commencement Order 2007 Southland Electricity Act Commencement Order 1994 Southland Electricity Act Commencement Order 1998 Tourist Hotel Corporation of New Zealand Act Commencement Order 1990 Wheat Board Amendment Act (Definition of Milling Standard Wheat) Commencement Order 1986 Wheat Board Amendment Act (Dissolution of Wheat Board) Commencement Order 1986
5: Repeal of this Act
This Act is repealed on the day that is 28 days after the date on which it comes into force. 2017-07-01 Statutes Repeal Act 2017


1: Title
This Act is the Support Workers (Pay Equity) Settlements Act 2017 Section 1 amended 7 August 2020 section 4 Support Workers (Pay Equity) Settlements Amendment Act 2020
2: Commencement
This Act comes into force on 1 July 2017
1: Preliminary provisions
3: Purpose
1: The purposes of this Act are—
a: to implement the settlement agreements
b: to apply the terms of those agreements the agreements
c: to set minimum hourly wage rates for work performed by support workers after the expiry of those agreements.
2: The settlement agreements are—
a: the agreement in respect of care and support workers signed on 2 May 2017 by or on behalf of the Crown, ACC, the predecessors of Health New Zealand
b: the agreement in respect of vocational and disability support workers signed on 17 July 2017 by or on behalf of the Crown, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated; and
c: the agreement in respect of mental health and addiction support workers signed on 25 July 2018 by or on behalf of the Crown, the predecessors of Health New Zealand Section 3(1)(a) amended 7 August 2020 section 5(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 3(1)(b) amended 7 August 2020 section 5(2)(a) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 3(1)(b) amended 7 August 2020 section 5(2)(b) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 3(1)(b) amended 7 August 2020 section 5(2)(c) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 3(1)(c) inserted 1 July 2022 section 4 Support Workers (Pay Equity) Settlements Amendment Act 2022 Section 3(2) replaced 7 August 2020 section 5(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 3(2)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3(2)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
4: Overview
To achieve its purposes, this Act—
a: extinguishes existing claims and bars future claims by Equal Pay Act 1972
b: specifies minimum hourly wage rates payable by employers to 31 December 2023
c: requires employers to provide support for
d: provides for the funders Section 4(a) amended 7 August 2020 section 6(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 4(b) amended 1 July 2022 section 5 Support Workers (Pay Equity) Settlements Amendment Act 2022 Section 4(b) amended 7 August 2020 section 6(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 4(c) amended 7 August 2020 section 6(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 4(d) amended 7 August 2020 section 6(2) Support Workers (Pay Equity) Settlements Amendment Act 2020
5: Interpretation
In this Act, unless the context otherwise requires,— ACC section 259 care and support services
a: means—
i: services that are funded by Health New Zealand
A: assisting the person to continue to live in the person’s home or in the community (such as personal care and household management services); or
B: assisting a person who has a disability to work in the community; or
C: in respect of a person with an injury covered by the Accident Compensation Act 2001
ii: long-term residential care in a hospital or a rest home that is assessed as required under section 137 or sections 27 to 29
b: does not include mental health and addiction support services, vocational and disability support services, or services provided by a health practitioner care and support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing care and support services; and
b: for the purposes of section 8
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing care and support services continuous employment
a: includes any period during which the worker is—
i: on paid holidays or leave under the Holidays Act 2003
ii: on parental leave under the Parental Leave and Employment Protection Act 1987
iii: on volunteers leave (within the meaning of that term in section 2(1)
iv: receiving weekly compensation under the Accident Compensation Act 2001
v: on unpaid sick leave or unpaid bereavement leave; or
vi: on unpaid leave for any other reason for a period of no more than 1 week; or
vii: continuously employed by a previous employer, if—
A: the worker transferred from the previous employer to the current employer; and
B: the transfer was a result of restructuring (within the meaning of that term in section 69B
b: unless otherwise agreed between the worker and the worker’s employer, does not include unpaid leave that is not referred to in paragraph (a)(v) or (vi) Department of Corrections employee section 6(1)(a) or (b)(i) employer
a: means—
i: a person, trust, or partnership that receives funding from a funder to provide support services; and
ii: the person or persons who have the legal authority to make decisions on behalf of an employer to which subparagraph (i) applies, if the employer does not itself have separate legal personality; and
iii: a person, trust, or partnership that provides
iv: Health New Zealand; but
b: does not include a natural person who receives funding directly from ACC or Health New Zealand funder Ministry for Children, Health New Zealand, funding agreement
a: in relation to funding agreements to which a funder other than ACC between the funder
b: in relation to funding agreements to which ACC is a party, an agreement between ACC and an employer that is titled—
i: Home and Community Support Services; or
ii: Individual Residential Support Services; or
iii: Residential Support Services Health New Zealand section 4 health practitioner section 5(1) level 2 qualification
a: a level 2 New Zealand Certificate in Health and Wellbeing issued by NZQA; or
b: a qualification (whether from New Zealand or overseas) that is recognised by the relevant workforce development council (as defined in section 10(1) level 3 qualification
a: a level 3 New Zealand Certificate in Health and Wellbeing issued by NZQA; or
b: a qualification (whether from New Zealand or overseas) that is recognised by the relevant workforce development council (as defined in section 10(1) level 4 qualification
a: a level 4 New Zealand Certificate in Health and Wellbeing issued by NZQA; or
b: a qualification (whether from New Zealand or overseas) that is recognised by the relevant workforce development council (as defined in section 10(1) mental health and addiction support services
a: means services that are funded under a funding agreement and that are provided to—
i: a person who has a mental health need or an addiction need for the purpose of assisting them to—
A: continue to live in their home or in the community (such as personal care and household management services); or
B: work or volunteer in the community; or
C: participate in activities in, and contribute to, their community; or
D: learn new skills to manage their lives and achieve overall well-being; or
E: maintain and develop social and support networks; or
ii: a person with a mental injury covered by the Accident Compensation Act 2001
A: supporting their rehabilitation from the injury; or
B: supporting them to achieve and sustain their maximum level of participation in everyday life; but
b: does not include—
i: care and support services; or
ii: vocational and disability support services; or
iii: services provided by a health practitioner; or
iv: services provided at a location other than the following:
A: the person’s home (including a residential care facility, a retirement village, and a rest home):
B: the person’s workplace:
C: an employer facility:
D: a community facility mental health and addiction support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing support services; and
iii: who, of the support services that the person provides, primarily provides mental health and addiction support services; and
b: for the purposes of Part 2
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing support services; and
iii: who, of the support services that the person provided, primarily provided mental health and addiction support services Ministry of Health public service Ministry of Social Development NZQA continued by section 430 Oranga Tamariki—Ministry for Children ordinary hourly wage
a: means the worker’s wage for an hour’s work in the worker’s substantive position; and
b: does not include any other amounts paid, including an amount paid for working overtime, for working at night or on a weekend, or for acting in a position for which there is a higher hourly wage. relevant date
a: in relation to a care and support worker, means 1 July 2017; and
b: in relation to all other support workers, means the date on which the Support Workers (Pay Equity) Settlements Amendment Act 2020 support services support worker
a: means an employee of an employer whose work for that employer primarily involves providing support services; and
b: for the purposes of section 8 Part 2 vocational and disability support services
a: means services that are funded by the Ministry of Social Development or Oranga Tamariki—Ministry for Children under a funding agreement that are provided to a person with a disability for the purposes of assisting them to—
i: continue to live in their home or in the community (such as personal care and household management services); or
ii: work or volunteer in the community; or
iii: participate in activities in, and contribute to, their community; or
iv: learn new skills to manage their lives and achieve overall well-being; or
v: maintain and develop social and support networks; but
b: does not include care and support services, mental health and addiction support services, or services provided by a health practitioner vocational and disability support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing support services; and
iii: who, of the support services that the person provides, primarily provides vocational and disability support services; and
b: for the purposes of Part 2
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing support services; and
iii: who, of the support services that the person provided, primarily provided vocational and disability support services. Section 5 care and support services amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 5 care and support services amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 care and support services amended 7 August 2020 section 7(1)(a) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 care and support services replaced 7 August 2020 section 7(1)(b) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 care and support services amended 26 November 2018 section 459 Social Security Act 2018 Section 5 care and support services replaced 7 August 2020 section 7(1)(c) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 continuous employment amended 7 August 2020 section 7(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 Department of Corrections inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 employer replaced 7 August 2020 section 7(4)(a) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 employer amended 7 August 2020 section 7(4)(b) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 employer replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 employer replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 employer amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 5 funder replaced 7 August 2020 section 7(5) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 funder amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 5 funder amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 funding agreement amended 7 August 2020 section 7(6)(a) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 funding agreement amended 7 August 2020 section 7(6)(b) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 funding agreement amended 7 August 2020 section 7(6)(c) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 health practitioner inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 level 2 qualification amended 1 August 2020 section 668 Education and Training Act 2020 Section 5 level 2 qualification amended 1 April 2020 section 78(1) Education (Vocational Education and Training Reform) Amendment Act 2020 Section 5 level 3 qualification amended 1 August 2020 section 668 Education and Training Act 2020 Section 5 level 3 qualification amended 1 April 2020 section 78(1) Education (Vocational Education and Training Reform) Amendment Act 2020 Section 5 level 4 qualification amended 1 August 2020 section 668 Education and Training Act 2020 Section 5 level 4 qualification amended 1 April 2020 section 78(1) Education (Vocational Education and Training Reform) Amendment Act 2020 Section 5 mental health and addiction support services inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 mental health and addiction support worker inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 Ministry of Health amended 7 August 2020 section 135 Public Service Act 2020 Section 5 Ministry of Social Development inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 NZQA amended 1 August 2020 section 668 Education and Training Act 2020 Section 5 Oranga Tamariki—Ministry for Children inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 ordinary hourly wage amended 7 August 2020 section 7(7) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 relevant date inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 support services inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 support worker inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 vocational and disability support services inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 5 vocational and disability support worker inserted 7 August 2020 section 7(3) Support Workers (Pay Equity) Settlements Amendment Act 2020
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Support Part 2 heading amended 7 August 2020 section 8 Support Workers (Pay Equity) Settlements Amendment Act 2020 Extinguishing and barring claims under Equal Pay Act 1972 by Heading amended 7 August 2020 section 9 Support Workers (Pay Equity) Settlements Amendment Act 2020
8: Existing claims extinguished and potential claims barred
1: This section applies to—
a: any claim by or on behalf of a support worker under the Equal Pay Act 1972
b: any potential claim by or on behalf of a Equal Pay Act 1972
2: The claim or potential claim cannot be pursued and must be treated as if it had been withdrawn or is incapable of being lodged.
3: To avoid doubt, this section does not affect—
a: any claim or potential claim under the Equal Pay Act 1972
b: any claim or potential claim under the Equal Pay Act 1972 Section 8(1)(a) replaced 7 August 2020 section 10(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 8(1)(b) amended 7 August 2020 section 10(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 8(3)(a) amended 7 August 2020 section 10(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 8(3)(b) amended 7 August 2020 section 10(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Wage rates
9: Minimum hourly wage rates
1: An employer must pay a
a: the applicable hourly wage set out in Schedule 2
b: the ordinary hourly wage that the employer was required to pay the worker under the terms and conditions of employment in place between the employer and the worker immediately before the relevant date
2: This section does not apply in respect of—
a: time spent by the worker in providing excluded services; or
b: time spent by the worker in travel between clients within the meaning of that term in section 4
c: a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is—
i: required to be at the worker’s workplace; and
ii: allowed to sleep at the workplace while on duty; and
iii: required to be available to attend to the worker’s duties during the course of the night as necessary.
3: In this section,— excluded services
a:
b: services for which the employer receives funding from a funder other than funding under a funding agreement or under section 18
c: workplace section 5 Section 9(1) amended 7 August 2020 section 11(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 9(1)(b) amended 7 August 2020 section 11(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 9(3) excluded services repealed 7 August 2020 section 11(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 9(3) excluded services repealed 7 August 2020 section 11(3) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 9(3) Ministry for Vulnerable Children, Oranga Tamariki repealed 7 August 2020 section 135 section 11(4) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 9(3) Ministry of Social Development repealed section 135 7 August 2020 section 11(4) Support Workers (Pay Equity) Settlements Amendment Act 2020
9A: Minimum hourly wage rates for mental health and addiction support services provided to individual clients
1: This section applies to a person (an individually funded client
a: receives funding directly from a funder towards the cost of mental health and addiction support services for that person; and
b: employs a person (a worker
2: The individually funded client must pay the worker, for the provision of the services, no less than the greater of—
a: the applicable hourly wage set out in Schedule 2
b: the ordinary hourly wage that the client was required to pay the worker under the terms and conditions of employment in place between the client and the worker immediately before the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2020
3:
4: This section does not apply in respect of a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is—
a: required to be at the worker’s workplace; and
b: allowed to sleep at the workplace while on duty; and
c: required to be available to attend to the worker’s duties during the course of the night as necessary. Section 9A inserted 7 August 2020 section 12 Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 9A(3) repealed 30 September 2020 section 5(3) New Zealand Public Health and Disability Amendment Act 2020
10: Weekend and night penal rates
1: This section applies to a term or condition of an employment agreement that—
a: was agreed before the relevant date
b: requires an employer to pay a
2: For work to which section 9 relevant date relevant date Example
Before the relevant date On and from the relevant date relevant date Section 10(1)(a) amended 7 August 2020 section 13(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 10(1)(b) amended 7 August 2020 section 13(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 10(2) amended 7 August 2020 section 13(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 10(2) example amended 7 August 2020 section 13(1) Support Workers (Pay Equity) Settlements Amendment Act 2020
11: Previous agreements that require allowances for service or qualifications unenforceable
1: This section applies to a term or condition of an employment agreement that—
a: was agreed before the relevant date
b: requires an employer to pay a
2: To the extent that the term or condition applies to work to which section 9 Section 11(1)(a) amended 7 August 2020 section 14(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 11(1)(b) amended 7 August 2020 section 14(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Support for training
12: Employers must ensure
1: An employer must take all reasonably practicable steps to ensure that a
a: a level 2 qualification within the first 12 months of the worker’s continuous employment with the employer; and
b: a level 3 qualification within the first 36 months of the worker’s continuous employment with the employer; and
c: a level 4 qualification within the first 72 months of the worker’s continuous employment with the employer.
2: If a Section 12 heading amended 7 August 2020 section 15(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 12(1) amended 7 August 2020 section 15(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 12(2) amended 7 August 2020 section 15(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Enforcement
13: Compliance dispute is employment relationship problem
A dispute about whether an employer is complying, or has complied, with this Act—
a: is an employment relationship problem within the meaning of that term in section 5
b: must be resolved in accordance with that Act.
14: Support An employer’s failure to pay a section 131 Section 14 heading amended 7 August 2020 section 16(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 14 amended 7 August 2020 section 16(2) Support Workers (Pay Equity) Settlements Amendment Act 2020
15: Failure to comply with training obligations constitutes grounds for personal grievance
An employer’s failure to comply with section 12 section 103(1)(b) Relationship between this Act and employment agreements
16: This Act overrides terms and conditions of employment agreements
1: An employment agreement that contains a term or condition that excludes, restricts, or reduces a
a: has no effect to the extent that it does so, regardless of whether the term or condition was agreed before or after the relevant date
b: is not an illegal contract under the Illegal Contracts Act 1970 Contract and Commercial Law Act 2017
2: Each employment agreement between an employer and a relevant date sections 9 to 12 Section 16(1) amended 7 August 2020 section 17(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 16(1)(a) amended 7 August 2020 section 17(2) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 16(2) amended 7 August 2020 section 17(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 16(2) amended 7 August 2020 section 17(2) Support Workers (Pay Equity) Settlements Amendment Act 2020
17: Employer and
Nothing in this Act prevents an employer and a
a: pay the worker more than is required under this Act; or
b: provide more support for the worker to gain a qualification than is required by this Act. Section 17 heading amended 7 August 2020 section 18(1) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 17 amended 7 August 2020 section 18(2) Support Workers (Pay Equity) Settlements Amendment Act 2020
3: Funding of employers and miscellaneous provisions
1: Funding of employers
18: Funding amounts increased
1: A funder must pay an employer with whom the funder has a funding agreement additional amounts over and above the amounts required by the funding agreement towards offsetting the additional costs faced by the employer as a result of this Act.
2: The funder must determine the additional amounts, taking into account—
a: the increased wage costs faced by the employer as a result of this Act; and
b: the increased training costs faced by the employer as a result of this Act; and
c: any other matter that the funder considers appropriate.
3: The funder’s determination of the additional amounts is final.
4: This section applies only in respect of funding agreements entered into before,—
a: in relation to care and support services and vocational and disability support services, 1 July 2017; and
b: in relation to mental health and addiction support services, 1 July 2018. Section 18(4) replaced 7 August 2020 section 19 Support Workers (Pay Equity) Settlements Amendment Act 2020
19: Records to support additional funding
1: An employer must keep a record, for each
a: the qualifications, if any, held by the worker; and
b: the length of time that the worker has been continuously employed by the employer.
2: An employer must, on the request of a funder with whom the employer has a funding agreement, provide to the funder—
a: the records kept under subsection (1); and
b: the wages and time record kept by the employer for each section 130
3: An employer who fails to comply with subsection (1) or (2)(a) is liable to a penalty imposed by the Employment Relations Authority under the Employment Relations Act 2000 Section 19(1) amended 7 August 2020 section 20 Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 19(2)(b) amended 7 August 2020 section 20 Support Workers (Pay Equity) Settlements Amendment Act 2020
2: Consequential amendments and repeal of this Act
20: Amendments to Employment Relations Act 2000
1: This section amends the Employment Relations Act 2000
2: In section 148A(3) or the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016, or the Care and Support Workers (Pay Equity) Settlement Act 2017
3: After section 161(1)(m)(ii)
iia: under the Care and Support Workers (Pay Equity) Settlement Act 2017:
4: After section 223(1)(a)
ab: the Care and Support Workers (Pay Equity) Settlement Act 2017; and
5: After section 236(4)(b)
ba: the Care and Support Workers (Pay Equity) Settlement Act 2017: 2017-07-01 Employment Relations Act 2000
21: Repeal of this Act
1: Sections 9 to 20 Schedule 2 1 January 2024
2: The remainder of this Act is repealed on 1 July 2028. 2024-01-01 Care and Support Workers (Pay Equity) Settlement Act 2017 refer s 21(1) 2028-07-01 Care and Support Workers (Pay Equity) Settlement Act 2017 refer s 21(2) Section 21(1) amended 1 July 2022 section 6 Support Workers (Pay Equity) Settlements Amendment Act 2022


1: Title
This Act is the Appropriation (2016/17 Supplementary Estimates) Act 2017
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2
2: The rest of this Act applies to the 2016/17 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 and Schedule 1 make or vary appropriations that authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the 2016/17 financial year ( see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 12A
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2016/17 financial year scope shown in the Supplementary Estimates
a: in the case of an appropriation under section 6
i: in the table headed Annual and Permanent Appropriations
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2017
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2016/17 financial year
Existing appropriations varied
1: If an appropriation specified in column 3 of Schedule 1 Appropriation (2016/17 Estimates) Act 2016 Schedule 1
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount. New appropriations authorised
2: Each amount specified in column 4 of Schedule 1 that does not vary an appropriation to which subsection (1) applies is appropriated for the purpose of authorising the Crown or an Office of Parliament to incur expenses, capital expenditure, or expenses and capital expenditure (as applicable) against the appropriation specified in column 3 of Schedule 1 Other matters concerning appropriations
3: Subsections (1) and (2) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
4: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
5: Each appropriation varied or authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2016/17 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Existing multi-year appropriations varied
1: If an appropriation specified in column 3 of Schedule 2
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount.
2: The period of the appropriation authorised by section 7 Additional Support for Members column 4 of Schedule 2 column 3 of Schedule 2 New multi-year appropriations authorised
3: Each amount specified in column 5 of Schedule 2 Other matters concerning multi-year appropriations
4: Subsections (1) and (3) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
5: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
6: Each appropriation varied or authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2016/17 financial year; and
ii: in advance, but within the scope, of the appropriation.
7: In column 4 of Schedule 2 Existing multi-year appropriations revoked
8: The appropriation authorised by section 7 New Zealand Screen Production Grant - New Zealand subsection (1)
9: The appropriation authorised by section 7 New Zealand Screen Production Grant - International subsection (1)
10: The appropriation authorised by section 7 Auckland Vacant or Underutilised Crown Land Programme subsection (1)
11: The appropriation authorised by section 7 Historical Treaty of Waitangi Settlements 2016 - 2020
8: Capital injections authorised for 2016/17 financial year
Limits of existing authorisations varied
1: If the Appropriation (2016/17 Estimates) Act 2016 Schedule 3
a: if the amount is in brackets, the limit is decreased by that amount; and
b: if the amount is not in brackets, the limit is increased by that amount. New capital injections authorised
2: For each department or Office of Parliament specified in column 1 of Schedule 3 to which subsection (1) does not apply, the Crown is authorised to make capital injections during the 2016/17 financial year to the department or Office of Parliament.
3: The capital injections authorised by subsection (2) to a department or an Office of Parliament are limited to the amount specified in column 3 of Schedule 3 alongside the department or Office of Parliament. Capital injections made in advance under Imprest Supply Act included in authorisation
4: An authorisation made or varied by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2016/17 financial year; and
b: in advance of the authorisation.


1: Title
This Act is the Imprest Supply (First for 2017/18) Act 2017.
2: Commencement
This Act comes into force on 1 July 2017.
3: Repeal of this Act
1: Sections 6 7 9
2: The rest of this Act is repealed on the close of 30 June 2018. Sections 6, 7, and 9 are repealed on the coming into force of the main Appropriation Act for the 2017/18 year. 2017-08-11 Imprest Supply (First for 2017/18) Act 2017 2018-07-01 Imprest Supply (First for 2017/18) Act 2017 The rest of this Act is repealed on the close of 30 June 2018.
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 2017/18 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments (other than intelligence and security departments) and Offices of Parliament during the 2017/18 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2017/18 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
Section 6 repealed 11 August 2017 section 3(1)
7: Authority to incur capital expenditure
Section 7 repealed 11 August 2017 section 3(1)
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2017/18 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7A(1)
9: Authority to make capital injections
Section 9 repealed 11 August 2017 section 3(1)
10: Authorisation required
1: All capital injections made under section 9(1)
2: Until the coming into force of that Appropriation Act, those capital injections may be made during the 2017/18 year as if they had been authorised in accordance with section 12A