Tariff Amendment Act (No 2) 2008

1: Title
This Act is the Tariff Amendment Act (No 2) 2008.
2: Commencement
1: Schedule 2 Tariff Amendment Order 2008
2: The rest of this Act comes into force on 1 October 2008.
3: Principal Act amended
This Act amends the Tariff Act 1988 2008-10-01 Tariff Act 1988
4: Schedule 1 amended
1: Schedule 1 Schedule 1
2: Part 1 of Schedule 1


1: Title
This Act is the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Statutes
Amendment to Community Trusts Act 1999
3: Amendment to Community Trusts Act 1999
1: This section amends the Community Trusts Act 1999
2: Section 7(f) 2008-09-10 Community Trusts Act 1999 Amendments to Education Act 1989
4: Amendments to Education Act 1989
1: This section amends the Education Act 1989
2: Section 103(1)(b)
3: Section 104
1A: If a property order is made in respect of a trustee under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (1)(d) does not apply to the trustee by virtue only of the making of that order; but
b: while the order remains in force, the trustee is deemed to have been granted leave of absence by the Board and is not capable of acting as a trustee during that period.
4: Section 171(6)
b: the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
ba: the person is a person in respect of whom a personal order has been made under that Act that reflects adversely on his or her—
i: competence to manage his or her own affairs in relation to his or her property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
5: Section 174(3)
b: becomes subject to a property order under the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 of that Act); or
ba: becomes subject to a personal order under that Act that reflects adversely on his or her—
i: competence to manage his or her own affairs in relation to his or her property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
6: Section 174
3A: The Council may, by resolution, suspend a member of the Council (other than the chief executive) as a member if the member becomes subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
3B: If a member is suspended under subsection (3A),—
a: the suspension has effect as if the member had been granted leave of absence; and
b: the member is not capable of acting as a member during the period of suspension; and
c: the suspension continues until the property order made under section 30 of the Protection of Personal and Property Rights Act 1988 ceases to be in force (but this does not affect any powers of the Council under subsection (3) in respect of the member).
7: Section 174(4) or suspending dismissing 2008-09-10 Education Act 1989 Amendments to Juries Act 1981
5: Amendments to Juries Act 1981
1: This section amends the Juries Act 1981
2: The definition of physical disability section 2
3: Section 2 disability
4: Section 8(i)
5: Section 15(1)(aa) physical
6: The heading to section 16AA physical
7: Section 16AA(1) physical
8: Section 22(1)(b) physical
9: Section 25(1)(b) physical 2008-09-10 Juries Act 1981 Amendments to Juries Amendment Act 2008
6: Amendments to Juries Amendment Act 2008
1: This section amends the Juries Amendment Act 2008
2: Section 11(1) physical
3: The heading to section 13 physical
4: Section 13(2) physical 2008-09-10 Juries Amendment Act 2008 Amendments to Local Government Act 2002
7: Amendments to Local Government Act 2002
1: This section amends the Local Government Act 2002
2: Schedule 7
4A: Suspension of members
1: A person's office as member of a local authority is suspended while the person is subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
2: If subclause (1) applies,—
a: the person is deemed to have been granted leave of absence and is not capable of acting as a member during the period of suspension; and
b: the person may not do an act as a member while on leave of absence under paragraph (a)
3: Clause 5(1) of Schedule 7
b: becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988; or
4: The amendments made by subsections (2) and (3) do not limit the power of the District Court Schedule 7 2008-09-10 Local Government Act 2002 Section 7(4) amended 1 March 2017 section 261 District Court Act 2016 Amendment to Maori Trust Boards Act 1955
8: Amendment to Maori Trust Boards Act 1955
1: This section amends the Maori Trust Boards Act 1955
2: Section 14(3)
a: a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 or for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or 2008-09-10 Maori Trust Boards Act 1955 Amendments to Maritime Transport Act 1994
9: Amendments to Maritime Transport Act 1994
1: This section amends the Maritime Transport Act 1994
2: Clause 4(b) of Schedule 2 ; or ,—
3: Clause 4(c) of Schedule 2
4: Schedule 2 4A. For the purposes of clause 4, disability 2008-09-10 Maritime Transport Act 1994 Amendments to Motor Vehicle Sales Act 2003
10: Amendments to Motor Vehicle Sales Act 2003
1: This section amends the Motor Vehicle Sales Act 2003
2: Section 24(l)
3: Section 42
1A: Subsection (1)(c) does not apply in respect of a motor vehicle trader who is disqualified from registration by virtue only of the making of a property order under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders). 2008-09-10 Motor Vehicle Sales Act 2003 Amendments to Mutual Insurance Act 1955
11: Amendments to Mutual Insurance Act 1955
1: This section amends the Mutual Insurance Act 1955
2: Section 30(10)(d)
a: omitting a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or becomes
b: inserting (other than an order under section 30 of that Act) 1988
3: Section 30
10A: A person's office as director is suspended while the director is subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders) and, during that period,—
a: the person is deemed to have been granted leave of absence by the Board; and
b: the person is not capable of acting as a director. 2008-09-10 Mutual Insurance Act 1955 Amendments to New Zealand Council for Educational Research Act 1972
12: Amendments to New Zealand Council for Educational Research Act 1972
1: This section amends the New Zealand Council for Educational Research Act 1972
2: Section 5
a: a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988:
3: Section 7
1A: If a property order is made in respect of a member under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (1)(c) does not apply to the member by virtue only of the making of that order; but
b: while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member during that period. 2008-09-10 New Zealand Council for Educational Research Act 1972 Amendments to New Zealand Superannuation and Retirement Income Act 2001
13: Amendments to New Zealand Superannuation and Retirement Income Act 2001
1: This section amends the New Zealand Superannuation and Retirement Income Act 2001
2: Section 19(6)(a) ; or
3: Section 19(6)(b) 2008-09-10 New Zealand Superannuation and Retirement Income Act 2001 Amendments to Public Trust Act 2001
14: Amendments to Public Trust Act 2001
1: This section amends the Public Trust Act 2001
2: Section 59(3)
b: is neither subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988 nor a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act.
3: Section 61(4)
b: is neither subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988 nor a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act. 2008-09-10 Public Trust Act 2001 Amendments to Reserve Bank of New Zealand Act 1989
15: Amendments to Reserve Bank of New Zealand Act 1989
1: This section amends the Reserve Bank of New Zealand Act 1989
2: Section 46(1)(j) ; or
3: Section 46(1)(k)
4: Section 58(i) 2008-09-10 Reserve Bank of New Zealand Act 1989 Amendments to River Boards Act 1908
16: Amendments to River Boards Act 1908
1: This section amends the River Boards Act 1908
2: Section 29(1)(b)
3: Section 29(2) subsection (1)(a) subsection (1) 2008-09-10 River Boards Act 1908 Amendments to Sale of Liquor Act 1989
17: Amendments to Sale of Liquor Act 1989
1: This section amends the Sale of Liquor Act 1989
2: Section 200(1)
e: a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.
3: Section 201
2: If a property order is made in respect of a member under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (1)(d) does not apply to the member by virtue only of the making of that order; but
b: while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member of the licensing trust during that period.
4: Section 219V
4A: If a property order is made in respect of a trustee under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (4) does not apply to the trustee by virtue only of the making of that order; but
b: while the order remains in force, the trustee is deemed to have been granted leave of absence and is not capable of acting as a trustee of the community trust during that period.
5: Section 219W(e) 2008-09-10 Sale of Liquor Act 1989 Amendments to Social Security Act 1964
18: Amendments to Social Security Act 1964
1: This section amends the Social Security Act 1964
2: Section 75(4)(a) ; or
3: Section 75(4)(b) 2008-09-10 Social Security Act 1964 Amendments to Soil Conservation and Rivers Control Act 1941
19: Amendments to Soil Conservation and Rivers Control Act 1941
1: This section amends the Soil Conservation and Rivers Control Act 1941
2: Section 54
c: any person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.
3: Section 55(1)
c: is or becomes, due to disability, unable to carry out his or her duties as a member; or
4: Section 55
4: For the purposes of subsection (1)—
a: disability
b: a person who becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 is to be treated as falling within subsection (1)(c) (whether or not the person has a disability). 2008-09-10 Soil Conservation and Rivers Control Act 1941 Amendment to Taranaki Scholarships Trust Board Act 1957
20: Amendment to Taranaki Scholarships Trust Board Act 1957
1: This section amends the Taranaki Scholarships Trust Board Act 1957
2: Section 5(1)
d: becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 or becomes a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or 2008-09-10 Taranaki Scholarships Trust Board Act 1957 Amendments to Te Ture Whenua Maori Act 1993
21: Amendments to Te Ture Whenua Maori Act 1993
1: This section amends Te Ture Whenua Maori Act 1993
2: The definition of person under disability section 210
3: Section 272(2)
a: a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 or for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or
4: Section 272
3: However, if a property order is made in respect of a member of a committee of management under section 30 of the Protection of Personal and Property Rights Act 1988,—
a: the member does not cease to hold office as a member of the committee by virtue only of the making of that order; but
b: while that order remains in force, the member is suspended from office.
4: A member who is suspended from office under subsection (3)—
a: is deemed to have been granted leave of absence; and
b: is not capable of acting as a member of the committee during the period of suspension.
5: Subsection (2) of this section does not apply to a kai tiaki trust constituted under Part 12 2008-09-10 Te Ture Whenua Maori Act 1993 Amendment to Trustee Act 1956
22: Amendment to Trustee Act 1956
1: This section amends the Trustee Act 1956
2: The first proviso to section 15(1)(j) of full age and full mental capacity 2008-09-10 Trustee Act 1956 Amendments to Waitangi National Trust Board Act 1932
23: Amendments to Waitangi National Trust Board Act 1932
1: This section amends the Waitangi National Trust Board Act 1932
2: Section 4
2: However, the deed or declaration of trust has effect for these purposes as if, in place of paragraph (c) of clause 8, there were substituted the following paragraph:
c: become subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988; or 2008-09-10 Waitangi National Trust Board Act 1932
2: Amendments to Regulations
Amendment to Child Support Rules 1992
24: Amendment to Child Support Rules 1992
1: This section amends the Child Support Rules 1992
2: Rule 37
a: omitting is mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 poses a serious danger to the health or safety of others
b: omitting the mentally disordered person the respondent 2008-09-10 Child Support Rules 1992 Amendments to Freshwater Fish Farming Regulations 1983
25: Amendments to Freshwater Fish Farming Regulations 1983
1: This section amends the Freshwater Fish Farming Regulations 1983
2: Regulation 12(1)
c: the manager under any of sections 30 to 33 of the Protection of Personal and Property Rights Act 1988 of the property of a licensee (or of part of it, if the licence relates to that part); or
3: Regulation 13(1)
b: the manager under any of sections 30 to 33 of the Protection of Personal and Property Rights Act 1988 of the property of a licensee (or of part of it, if the licence relates to that part); or 2008-09-10 Freshwater Fish Farming Regulations 1983 Amendment to Weights and Measures Regulations 1999
26: Amendment to Weights and Measures Regulations 1999
1: This section amends the Weights and Measures Regulations 1999
2: Regulation 17(1)(b)(iv) 2008-09-10 Weights and Measures Regulations 1999


1: Title
This Act is the Local Government Act 1974 Amendment Act 2008.
2: Commencement
This Act comes into force on 1 October 2008.
3: Principal Act amended
This Act amends the Local Government Act 1974 2008-10-01 Local Government Act 1974
4: Heading to Part 11 amended
The heading to Part 11 petroleum fuel
5: Interpretation
1: Section 181 engine fuel section 1B Energy (Fuels, Levies, and References) Act 1989 specified engine fuel
a: means,—
i: if no Order in Council is in force under subparagraph (ii), engine fuel specified in Schedule 3 of the Customs and Excise Act 1996 as a type of—
A: motor spirit; or
B: diesel (including blends of diesel and kerosene); or
C: biodiesel; or
D: ethyl alcohol specified under the heading Fuels
ii: that part of engine fuel specified in Schedule 3 of the Customs and Excise Act 1996 and prescribed by an Order in Council made under section 199A
b: excludes—
i: engine fuel supplied for use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or
ii: engine fuel supplied for use as fuel for any commercial ship within the meaning of section 2(1) of the Maritime Transport Act 1994; or
iii: engine fuel used in the manufacture of refined petroleum products at any refinery. .
2: The definition of petroleum section 181
3: Section 181 wholesale distributor wholesale distributor
a: engages in the sale of engine fuel by wholesale; or
b: sells engine fuel to a retailer; or
c: manufactures or produces engine fuel within New Zealand.
4: Section 181
2: For the purposes of this section, the part of engine fuel that is motor spirit, diesel, biodiesel, or ethyl alcohol remains so whether or not it is blended with anything else.
6: Application of this Part
1: Section 182(1)
1: Unless the Governor-General by Order in Council determines otherwise, a local authorities fuel tax in accordance with this Part may be levied and collected by the Crown, and is payable on any specified engine fuel purchased in New Zealand.
2: Section 182(2) petroleum specified engine fuel
7: Powers of component authorities to levy petroleum tax
1: The heading to section 185 petroleum fuel
2: Section 185(1) local authorities petroleum tax local authorities fuel tax
3: Section 185(1) petroleum specified engine fuel
4: Section 185(3) local authorities petroleum tax local authorities fuel tax
5: Section 185(3)(a) petroleum specified engine fuel
6: Section 185
3A: If any type of diesel is a specified engine fuel, the local authorities fuel tax applies to blends of kerosene and diesel as if they were entirely diesel.
7: Section 185
5: Every reference in an enactment or document to the local authorities petroleum tax must, unless the context otherwise requires, be read as a reference to the local authorities fuel tax.
8: Returns by wholesale distributors
1: Section 189(1) local authorities petroleum tax local authorities fuel tax
2: Section 189(1)(a) petroleum specified engine fuel
9: Assessment of tax
1: Section 190(1) local authorities petroleum tax local authorities fuel tax
2: Section 190(2) petroleum specified engine fuel
10: Assessment presumed to be correct
Section 191 petroleum specified engine fuel
11: Tax recoverable as a debt
1: Section 193(1) local authorities petroleum tax local authorities fuel tax
2: Section 193(1) petroleum specified engine fuel
12: Penalty for late payment of tax
Section 194 local authorities petroleum tax local authorities fuel tax
13: Separate bank account to be kept by distribution authority
Section 195(1) Local Authorities Petroleum Tax Account Local Authorities Fuel Tax Account
14: Accounts to be kept in accordance with requirements of Auditor-General
Section 196(1) local authorities petroleum tax local authorities fuel tax
15: Transfer by distribution authority of authorised cost of services
1: Section 197(1) Local Authorities Petroleum Tax Account Local Authorities Fuel Tax Account
2: Section 197(1) local authorities petroleum tax local authorities fuel tax
16: Effect on agreements of imposition or alteration of tax
1: Section 199 sale of petroleum sale of specified engine fuel
2: Section 199 local authorities petroleum tax local authorities fuel tax
17: New section 199A inserted
The following section is inserted after section 199
199A: Order in Council prescribing local authorities fuel tax
1: The Governor-General may, by Order in Council,—
a: specify the engine fuels set out in Schedule 3 of the Customs and Excise Act 1996 to be specified engine fuel for the purposes of this Act; and
b: prescribe the scale rates for specified engine fuel.
2: The scale rates of the local authorities fuel tax prescribed by an Order in Council under subsection (1)(b)
a: for which the specified engine fuel is a functional substitute; or
b: with which the specified engine fuel is commonly blended.
3: Subsection (2) subsection (1)
18: Regulations in respect of local authorities petroleum tax
The heading to section 200 petroleum fuel
19: Council may grant right to lay petroleum conduit pipes along or under roads
1: The heading to section 338 petroleum
2: Section 338(1) or biofuel petroleum
20: Amendments to Schedule 6
1: The heading to Schedule 6 petroleum fuel
2: Schedule 6
a: by omitting Motor spirits Specified engine fuel that is motor spirit or ethyl alcohol
b: by omitting Diesel fuel Specified engine fuel that is diesel or biodiesel
21: Amendments to Schedule 8
1: The heading to Schedule 8 petroleum fuel
2: Schedule 8 local authorities petroleum tax local authorities fuel tax


Human Rights Amendment Act 2008

1: Title
This Act is the Human Rights Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Human Rights Act 1993 2008-09-10 Human Rights Act 1993
4: Partnerships
1: Section 36
2A: It is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability—
a: to be accepted as a partner and remain in partnership; or
b: to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm.
2: Section 36
3: Nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age—
a: has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2A)
b: requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2A)
4: Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
a: there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and
b: it is not reasonable to take that risk.
5: Subsection (4)
5: Organisations of employees or employers and professional and trade associations
1: Section 37
1A: It is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to—
a: be accepted and remain in membership; or
b: be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office).
2: Section 37
2A: Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
a: there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and
b: it is not reasonable to take that risk.
2B: Subsection (2A)
6: Exceptions in relation to qualifying bodies
Section 39
2A: For the purposes of applying subsection (2)(a) and (b), an authority or body referred to in section 38 must,—
a: in the case of subsection (2)(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person:
b: in the case of subsection (2)(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person.
7: Exceptions in relation to vocational training bodies
Section 41
7: Nothing in section 40 makes it unlawful to fail to provide special services or facilities designed for a specified purpose if those special services or facilities cannot reasonably be provided in the circumstances.
8: In subsection (7) specified purpose
a: to enable a person with a disability to undergo and remain in training; or
b: to provide a person with a disability with facilities or opportunities for training; or
c: to provide a person with a disability with facilities or opportunities for training on no less favourable terms and conditions than would otherwise be made available.
8: Further exception in relation to disability
Section 56
3: Nothing in section 53
9: Further exceptions in relation to disability
Section 60(1)
a: omitting of this Act makes it unlawful to refuse admission to an educational establishment applies
b: omitting that establishment an establishment referred to in that section