1: Title
This Act is the Hurunui/Kaikōura Earthquakes Recovery Act 2016.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to assist the earthquake-affected area and its councils and communities to respond to, and recover from, the impacts of the Hurunui/Kaikōura earthquakes and, in particular, to—
a: provide for economic recovery; and
b: provide for the planning, rebuilding, and recovery of affected communities and persons, including—
i: the repair and rebuilding of land, infrastructure, and other property of affected communities or of any affected persons; and
ii: safety enhancements to, and improvements to the resilience of, that land, infrastructure, or other property; and
iii: facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery; and
iv: facilitating the restoration and improvement of the economic, social, and cultural well-being, and the resilience, of affected communities or of any affected persons; and
v: facilitating the restoration of the environment. 2011 No 12 s 3
4: Interpretation
1: In this Act, unless the context otherwise requires,— council earthquake-affected area
a: the districts or regions of the councils; and
b: the parts of the coastal marine area (within the meaning of section 2(1)
c: the areas of other districts or regions that contain transport or other infrastructure enactment section 29 Hurunui/Kaikōura earthquakes earthquakes
a: means the earthquakes that occurred on 14 November 2016 in Hurunui and Kaikōura; and
b: includes any earthquake that occurs in, or significantly affects, the earthquake-affected area (as defined in paragraphs (a) and (b) local authority section 5(1) Minister order section 7 Panel section 12 relevant Minister
a: in relation to an enactment (other than this Act or an instrument referred to in paragraph (b)
b: in relation to a plan, programme, bylaw, or rule, means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for—
i: the administration of the Act under which that instrument is made; or
ii: if that instrument is made under regulations, the administration of the Act under which the regulations are made.
2: If there is more than 1 relevant Minister for an order, the references in this Act to the relevant Minister must be treated as references to those Ministers acting together (unless the context otherwise requires).
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Orders in Council
7: Governor-General may make Orders in Council
Section 7 repealed 1 April 2018 section 23(1) Key restrictions on orders Heading repealed 1 April 2018 section 23(1)
8: Relevant Minister may recommend order only for purposes of Act, etc
Section 8 repealed 1 April 2018 section 23(1)
9: Engagement about proposal
Section 9 repealed 1 April 2018 section 23(1)
10: Reasons for order
Section 10 repealed 1 April 2018 section 23(1)
11: Further restrictions on orders
Section 11 repealed 1 April 2018 section 23(1) Hurunui/Kaikōura Earthquakes Recovery Review Panel Heading repealed 1 April 2018 section 23(1)
12: Hurunui/Kaikōura Earthquakes Recovery Review Panel
Section 12 repealed 1 April 2018 section 23(1)
13: Panel may act by division
Section 13 repealed 1 April 2018 section 23(1)
14: Functions of Panel
Section 14 repealed 1 April 2018 section 23(1) Further provisions about orders Heading repealed 1 April 2018 section 23(1)
15: Orders revoked on 31 March 2018
Section 15 repealed 1 April 2018 section 23(1)
16: Validity of orders
Section 16 repealed 1 April 2018 section 23(1)
17: Actions taken before determination of invalidity
Section 17 repealed 1 April 2018 section 23(1) Other orders Heading repealed 1 April 2018 section 23(1)
18: Order in Council may specify additional Acts
Section 18 repealed 1 April 2018 section 23(1)
19: Order to add Acts revoked if not approved by House
2018-04-01 Hurunui/Kaikōura Earthquakes Recovery (Unreinforced Masonry Buildings) Amendment Order 2018 is revoked on the close of 31 March 2018. See statement of reasons in LI 2018/33, and clause 4 of LI 2017/25. Section 19 repealed 1 April 2018 section 23(1)
20: Reasons for order
Section 20 repealed 1 April 2018 section 23(1) Application of Legislation Act 2012
21: Application of Legislation Act 2012
1: Despite section 16(4)
2: An Order in Council made under this Act is also a legislative instrument for the purposes of the Legislation Act 2012 2011 No 12 s 76 Report on operation of Act
22: Report on operation of Act
1: The Minister must, at least once every 6 months, present to the House of Representatives a report relating to the operation of this Act since the last report was presented (or, in the case of the first report, since the commencement of this Act).
2: The report must, for the period covered by the report, include—
a: a list of the Orders in Council made under this Act during the period; and
b: a brief description of those orders. Repeal
23: Repeal of Act
1: Sections 7 to 20 Schedule 2
2: The rest of this Act is repealed on 1 July 2021. 2018-04-01 Hurunui/Kaikōura Earthquakes Recovery Act 2016 Sections 7 to 20 and Schedule 2 are repealed 2021-07-01 Hurunui/Kaikōura Earthquakes Recovery Act 2016 The rest of this Act is repealed.


1: Title
This Act is the Subordinate Legislation Confirmation Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to confirm certain confirmable instruments and annual confirmable instruments that, unless earlier confirmed by an Act of Parliament, are—
a: revoked at the applicable deadline under section 47C(1)(a) or (b)
b: taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D
4: Interpretation
In this Act, unless the context otherwise requires, confirmable instrument annual confirmable instrument section 47B
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2015 2016-12-17 Subordinate Legislation (Confirmation and Validation) Act 2015
2: Confirmations
7: Animal Products Act 1999
The following regulations are confirmed:
a: Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016
b: Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 2016-12-17 Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016
8: Biosecurity Act 1993
The Biosecurity (Bovine Tuberculosis—Cattle and Deer Levy) Order 2016 2016-12-17 Biosecurity (Bovine Tuberculosis—Cattle and Deer Levy) Order 2016
9: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Meat) Order 2015
b: Commodity Levies (Winegrapes) Order 2016 2016-12-17 Commodity Levies (Meat) Order 2015 Commodity Levies (Winegrapes) Order 2016
10: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition (Trout) Order 2015
b: Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2015:
c: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2016. 2016-12-17 Customs Import Prohibition (Trout) Order 2015
11: Energy (Fuels, Levies, and References) Act 1989
The Energy (Petroleum or Engine Fuel Monitoring Levy) Regulations 2015 2016-12-17 Energy (Petroleum or Engine Fuel Monitoring Levy) Regulations 2015
12: Fisheries Act 1996
The Fisheries (Schedule 8) Order 2016 2016-12-17 Fisheries (Schedule 8) Order 2016
13: Gambling Act 2003
The Gambling (Problem Gambling Levy) Regulations 2016 2016-12-17 Gambling (Problem Gambling Levy) Regulations 2016
14: Land Transport Act 1998
The Land Transport (Motor Vehicle Registration and Licensing) Amendment Regulations 2016 2016-12-17 Land Transport (Motor Vehicle Registration and Licensing) Amendment Regulations 2016
15: National Animal Identification and Tracing Act 2012
The National Animal Identification and Tracing (Levies) Amendment Regulations 2016 2016-12-17 National Animal Identification and Tracing (Levies) Amendment Regulations 2016
16: Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2016 2016-12-17 Social Security (Rates of Benefits and Allowances) Order 2016
17: Tariff Act 1988
The Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Order 2015 is confirmed.
18: Wine Act 2003
The following orders are confirmed:
a: Wine (Non-grape Wine Levy) Order 2015
b: Wine (Grape Wine Levy) Order 2016 2016-12-17 Wine (Non-grape Wine Levy) Order 2015 Wine (Grape Wine Levy) Order 2016


Statutes Amendment Act 2016

1: Title
This Act is the Statutes Amendment Act 2016.
2: Commencement
1: Part 23
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Accident Compensation Act 2001
3: Principal Act
This Part Accident Compensation Act 2001 principal Act 2016-12-17 Accident Compensation Act 2001
4: Section 139 amended (Corporation’s duties to secure independence of reviewer)
1: Replace section 139(1)
1: The Corporation must not engage as a reviewer a person who is currently—
a: employed by the Corporation; or
b: engaged by the Corporation to make decisions on claims in a capacity other than that of reviewer; or
c: employed or engaged by a subsidiary of the Corporation.
2: Repeal section 139(2)
3: In section 139(3) the reviewer’s contract a contract with a reviewer
2: Airport Authorities Act 1966
5: Principal Act
This Part Airport Authorities Act 1966 principal Act 2016-12-17 Airport Authorities Act 1966
6: Section 9 amended (Bylaws)
In section 9(1)(ff) the insertion of suitable advertisements in a newspaper circulating in the district where the airport is situated publicising the sale in what the authority considers to be a fair and reasonable manner
3: Bail Act 2000
7: Principal Act
This Part Bail Act 2000 principal Act 2016-12-17 Bail Act 2000
8: Section 14 amended (Exercise of discretion when considering bail pending appeal)
1: Replace section 14(1)
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
1A: The court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
2: In section 14(3) subsection (1) subsection (1A)
9: Section 53 amended (Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge)
Replace section 53(1)
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both, to the District Court presided over by a District Court Judge; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
10: Section 54 amended (Granting of bail to appellant in custody or on home detention pending appeal to High Court)
Replace section 54(1)
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both, to the High Court; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
11: Section 55 amended (Granting of bail to appellant in custody or on home detention pending appeal to Court of Appeal or Supreme Court)
Replace section 55(1)
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both, to the Court of Appeal or the Supreme Court; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
4: Children, Young Persons, and Their Families Act 1989
12: Principal Act
This Part Children, Young Persons, and Their Families Act 1989 principal Act 2016-12-17 Children, Young Persons, and Their Families Act 1989
13: Section 113B amended (Effect of special guardianship order)
In section 113B(2)(a) section 22 section 121(2)(c) or (d) section 121(2)(d) or (e)
14: Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)
In section 140(3) convened for the purpose
15: Section 145 amended (Agreement not to be made without approval of family group conference)
1: In the heading to section 145 made , extended, or terminated
2: Replace section 145(2) section 29(2) and (3)
2: A care and protection co-ordinator must convene or reconvene a family group conference if it is proposed that—
a: an agreement be entered into under section 140(1), 141(2), or 142(2); or
b: an agreement entered into under section 140(1)(d), 141(2), or 142(2) be extended; or
c: an agreement entered into under section 140(1)(d), 141(2), or 142(2) be terminated other than in the manner specified in the agreement in accordance with section 146(1)(c).
3: If a family group conference has been convened or reconvened other than under subsection (2) subsection (2)
4: To the extent that they are relevant, sections 20 to 36, with all necessary modifications, apply to the convening or reconvening of a family group conference under subsection (2)
5: Commodity Levies Act 1990
16: Principal Act
This Part Commodity Levies Act 1990 principal Act 2016-12-17 Commodity Levies Act 1990
17: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
18: Section 13 replaced (Levy orders to expire after 6 years)
Replace section 13
13: Levy orders in force no more than 6 years unless extended
1: A levy order is in force for a period of 6 years and, unless extended under subsection (2)
2: The Governor-General may extend the period for which a levy order is in force by a specified period of not more than 5 years by Order in Council made—
a: on the recommendation of a Minister, given after complying with the requirements of section 5 (except section 5(1)(b)); and
b: at least 12 months before the levy order would otherwise be revoked.
3: The Governor-General may make multiple Orders in Council under subsection (2)
4: Section 12 applies to a levy order that is extended under subsection (2)
19: New Schedule 1AA inserted
After section 26 Schedule 1AA Schedule 1
6: Community Trusts Act 1999
20: Principal Act
This Part Community Trusts Act 1999 principal Act 2016-12-17 Community Trusts Act 1999
21: Section 11 amended (Regional identity of community trusts)
In section 11(2) sections 17 sections 16A
22: New section 16A inserted (Adjustment to areas or regions of adjoining community trusts)
Before section 17
16A: Adjustment to areas or regions of adjoining community trusts
1: The trustees of 2 or more adjoining community trusts may, in accordance with a resolution passed by not less than 75% of the trustees of each trust, submit to the Minister a scheme to adjust the areas or regions of the community trusts by adjusting the adjoining boundaries of those community trusts.
2: A scheme submitted under subsection (1)
a: state the names of the community trusts:
b: state the names of the trustees of the community trusts:
c: state the proposed adjustment to the areas or regions of the community trusts:
d: have annexed to it the trust deeds establishing the community trusts:
e: have annexed to it the proposed changes to the trust deeds establishing the community trusts:
f: have annexed to it any proposed transfer of property, rights, assets, or liabilities between the community trusts to reflect the proposed adjustment to the areas or regions:
g: contain a summary of any submissions made under subsection (4)
h: contain such other matters as may be appropriate:
i: be dated.
3: The trustees of the community trusts must supply to the Minister any additional information relating to the scheme required by the Minister.
4: Before submitting a scheme to the Minister under subsection (1)
a: give notice in the Gazette
i: stating that the trustees of the trust intend to submit the scheme to the Minister; and
ii: specifying details of the scheme; and
iii: stating that any person residing in the area or region of the trust may, within 28 days after the last publication of the notice, make written submissions to the trustees regarding the scheme; and
b: have regard to any submissions made within that period.
5: The Governor-General may, on the advice of the Minister, by Order in Council, approve a scheme to adjust the adjoining boundaries of the trusts so that the areas or regions of 2 or more adjoining community trusts are adjusted to areas or regions described in the order.
6: On a date specified in the order,—
a: the areas or regions of the community trusts are adjusted to the areas or regions described in the proposed changes to the trust deeds submitted to the Minister under subsection (2)(e)
b: property, rights, assets, or liabilities proposed to be transferred under the scheme vest in the trustees of the community trusts in any manner proposed in subsection (2)(f)
7: Companies Act 1993
23: Principal Act
This Part Companies Act 1993 principal Act 2016-12-17 Companies Act 1993
24: New section 209C inserted (Alternative obligations for FMC reporting entities)
After section 209B
209C: Alternative obligations for FMC reporting entities
1: This section applies, in respect of a company ( company A
2: If company A is an issuer of regulated products within the meaning of the FMC Act that is required to comply with those FMC regulations, sections 209 to 209B do not apply to an annual report to which the FMC regulations apply.
3: If company A is not an issuer of regulated products within the meaning of the FMC Act that is required to comply with those FMC regulations, the board of the company may elect, in respect of an annual report, to comply with the FMC regulations instead of with sections 209 to 209B (as if company A were an issuer of that type).
4: If subsection (3)
a: if the board complies with the FMC regulations, there is no liability for breach of sections 209 to 209B; and
b: if the board fails to comply with the FMC regulations, every director is liable for a breach of sections 209 to 209B (except to the extent that the board complies with those sections), but is not liable under the FMC Act.
5: In this section,— annual report
a: means a report prepared under section 208; and
b: includes a concise annual report (if any) FMC Act FMC regulations FMC reporting entity
6: Regulations may be made under section 543(1)(e) of the FMC Act for the purpose of this section.
8: Conservation Act 1987
25: Principal Act
This Part Conservation Act 1987 principal Act 2016-12-17 Conservation Act 1987
26: Section 38 amended (Hunting, etc)
In section 38(4)(e) and (g) net, trap,
9: Corrections Act 2004
27: Principal Act
This Part Corrections Act 2004 principal Act 2016-12-17 Corrections Act 2004
28: Section 3 amended (Interpretation)
1: In section 3(1) authorised property may be issued to a prisoner prisoners may be issued with or allowed to keep
2: In section 3(1) person under control or supervision
29: Section 8 amended (Powers and functions of chief executive)
In section 8(1)(c) serving a sentence of imprisonment on home detention, or
30: Cross-heading above section 24 amended
In the cross-heading above section 24 parole, or sentences of imprisonment served on home detention or parole
31: Section 25 amended (Functions of probation officers)
In section 25(1)(a) or while serving a sentence of imprisonment on home detention,
32: Section 34 amended (Detention of prisoners)
In section 34(1) (other than a person who is serving a sentence of imprisonment on home detention)
33: Section 47 amended (Security classifications)
Repeal section 47(2)
34: Section 103 amended (Detention pending investigation by Police)
Replace section 103(2)
2: An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled in the circumstances to exercise any statutory search power.
35: Section 156 amended (Investigation of complaints by inspector of corrections)
Repeal section 156(2)(b)(ii)(A)
36: Section 182A amended (Information sharing about child sex offenders)
In section 182A(3)(a) detention conditions (if the offender is serving a sentence of imprisonment on home detention),
37: Section 182B amended (Definition of child sex offender)
1: In section 182B(1) means a person who
2: In section 182B(1)(a) has who
3: In section 182B(1)(c) detention conditions (if the offender is serving a sentence of imprisonment on home detention),
10: Crown Entities Act 2004
38: Principal Act
This Part Crown Entities Act 2004 principal Act 2016-12-17 Crown Entities Act 2004
39: Section 107 amended (Directions to support whole of government approach)
In section 107(2A) subsection (2)(a) subsection (2)(a) and (c)
40: Section 110 replaced (Obligation to give effect to direction)
Replace section 110
110: Obligation to give effect to direction
1: Every Crown entity within the category or type or group of Crown entities to which a direction is given under section 107 must give effect to the direction on—
a: the date on which the direction comes into force under section 109; or
b: any later date specified in the direction in relation to that Crown entity or to the category or type or group of Crown entities to which the Crown entity belongs.
2: If a Crown entity is established on or after the date on which a direction is given under section 107 (a new Crown entity
a: the date on which the new Crown entity is established; or
b: any later date on which a Crown entity within that category or type of Crown entity must give effect to the direction in accordance with subsection (1)
41: Section 139B amended (Minister may grant extension of time for, or waive, requirement to provide statement of intent)
In section 139B(4)(c) exemption extension
42: Section 149L amended (Obligation to publish and present statement of performance expectations)
In section 149L(3) entity’s responsible
11: Employment Relations Act 2000
43: Principal Act
This Part Employment Relations Act 2000 principal Act 2016-12-17 Employment Relations Act 2000
44: Section 103 amended (Personal grievance)
In section 103(1)(i) 67G(4) 67G(3)
12: Fisheries Act 1996
45: Principal Act
This Part Fisheries Act 1996 principal Act 2016-12-17 Fisheries Act 1996
46: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
47: Section 186A amended (Temporary closure of fishing area or restriction on fishing methods)
Replace section 186A(5)(a)
a: may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:
48: Section 186B amended (Temporary closure of fisheries)
Replace section 186B(4)(a)
a: may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:
49: Section 197 amended (Appointment of honorary fishery officers)
In section 197(3)(a) not exceeding $1,000 in any one year at a rate determined by the chief executive
50: New Schedule 1AA inserted
After section 370 Schedule 1AA Schedule 2
13: Government Roading Powers Act 1989
51: Principal Act
This Part Government Roading Powers Act 1989 principal Act 2016-12-17 Government Roading Powers Act 1989
52: Section 48 amended (Powers of Minister over roads under Minister’s control)
In section 48(2) paragraphs (13) to (20) and (38) to (41A) of section 684(1) of the Local Government Act 1974 section 22AB(1) of the Land Transport Act 1998
53: Section 61 amended (Powers and duties of Agency in relation to State highways)
In section 61(3) paragraphs (13) to (20), and (38) to (41A) of section 684(1) of the Local Government Act 1974 section 22AB(1) of the Land Transport Act 1998
14: Harassment Act 1997
54: Principal Act
This Part Harassment Act 1997 principal Act 2016-12-17 Harassment Act 1997
55: Section 42 amended (Rules of court)
1: In section 42(2)(h) District Courts Rules 2009 District Courts Rules 2014
2: In section 42(3) District Courts Rules 2009 District Courts Rules 2014
15: Health Practitioners Competence Assurance Act 2003
56: Principal Act
This Part Health Practitioners Competence Assurance Act 2003 principal Act 2016-12-17 Health Practitioners Competence Assurance Act 2003
57: Section 54 amended (Application for, and conferral of, protection on quality assurance activity)
Replace section 54(4)
4: Every notice issued under subsection (3), unless sooner revoked, remains in force for a period of 5 years and is revoked at the end of that 5-year period.
4A: Subsection (4)
16: Land Transport Act 1998
58: Principal Act
This Part Land Transport Act 1998 principal Act 2016-12-17 Land Transport Act 1998
59: Section 30ZH amended (Duties regarding logbooks)
In section 30ZH(1)(a) and (b) 36 months 12 months
60: Section 98 amended (Release of vehicle after 28 days)
1: In section 98(1) the person in respect of the vehicle, or a person authorised for the purpose by the person the owner of the vehicle, or a person authorised for the purpose by the owner
2: In section 98(1)(a)(i) the person in respect of the vehicle the owner of the vehicle
61: Section 119 amended (Powers of entry)
1: In section 119(3)(a)(iii) a crime an imprisonable offence (within the meaning of section 5 of the Criminal Procedure Act 2011)
2: In section 119(5) Judge issuing officer
62: Section 165 amended (Incorporation by reference)
In section 165(1)(d) Agency (as the case may be)
17: Land Transport Management Act 2003
63: Principal Act
This Part Land Transport Management Act 2003 principal Act 2016-12-17 Land Transport Management Act 2003
64: Section 52 amended (Who is liable to pay toll)
Replace section 52(3A)(a)
a: sending it, or a copy of it, by post addressed to the registered person at that person’s last known place of residence or business or postal address; or
18: Members of Parliament (Remuneration and Services) Act 2013
65: Principal Act
This Part Members of Parliament (Remuneration and Services) Act 2013 principal Act 2016-12-17 Members of Parliament (Remuneration and Services) Act 2013
66: Section 23 amended (Services and funding subject to Speaker’s directions)
Replace section 23(1)(a)
a: the entitlements of members of Parliament and qualifying electoral candidates to travel services, including the extent (if at all) to which travel services may continue to be provided after a member of Parliament vacates his or her seat for the purpose of enabling the member to attend to matters associated with leaving Parliament; and
19: Misuse of Drugs Act 1975
67: Principal Act
This Part Misuse of Drugs Act 1975 principal Act 2016-12-17 Misuse of Drugs Act 1975
68: Section 23 amended (Powers of Minister to prohibit prescribing, etc)
In section 23(2)(ca) the Nursing Council of New Zealand the Midwifery Council
20: New Zealand Superannuation and Retirement Income Act 2001
69: Principal Act
This Part New Zealand Superannuation and Retirement Income Act 2001 principal Act 2016-12-17 New Zealand Superannuation and Retirement Income Act 2001
70: Schedule 4 amended
In Schedule 4 Progressive Coalition Party
21: Oaths and Declarations Act 1957
71: Principal Act
This Part Oaths and Declarations Act 1957 principal Act 2016-12-17 Oaths and Declarations Act 1957
72: Section 22 amended (By whom oath of allegiance and judicial oath to be taken)
Replace section 22(2)(a)
a: in the case of the Chief Justice, a Judge of the High Court, or a Master of the High Court, by a Judge of the High Court:
73: Schedule 2 amended
In Schedule 2 Employment Court Judges
22: Parliamentary Service Act 2000
74: Principal Act
This Part Parliamentary Service Act 2000 principal Act 2016-12-17 Parliamentary Service Act 2000
75: Section 14 amended (Functions of Parliamentary Service Commission)
Replace section 14(1)(c)
c: to recommend to the Speaker persons who are suitable to be members of a review committee.
23: Protection of Personal and Property Rights Act 1988
76: Principal Act
This Part Protection of Personal and Property Rights Act 1988 principal Act 2017-03-16 Protection of Personal and Property Rights Act 1988
77: Section 94A amended (Creation of enduring power of attorney)
1: Replace section 94A(4A)
4A: If 2 people appoint each other as attorney, the witness to the signature of one person as donor ( witness A
a: is a lawyer or legal executive in the same firm, or an officer or employee of the same trustee corporation, as witness A; or
b: is the same person as witness A, if, having regard to the matters listed in subsection (7)(a) to (b), the witness is satisfied that witnessing both signatures does not constitute more than a negligible risk of a conflict of interest.
2: After section 94A(6)
6A: If regulations made under section 112(bab)
a: giving a copy of the form to the donor; and
b: following any instructions in the form for giving a verbal explanation to the donor; and
c: if the form and the instructions do not cover all of the matters in subsection (6), using other appropriate means to fulfil all of the requirements of that subsection.
3: In section 94A(7) prescribed form for the certificate referred to in subsection (2)(b)
4: After section 94A(7)(a)
ab: in the case of an enduring power of attorney signed by the donor after the commencement of this paragraph, the witness believes on reasonable grounds that the donor—
i: understands the nature of the instrument; and
ii: understands the potential risks and consequences of the instrument; and
iii: is not acting under undue pressure or duress; and
5: In section 94A(7)(c) applies or, if subsection (4A)(b)
78: New section 95A inserted (Notice revoking earlier enduring power of attorney)
After section 95
95A: Notice revoking earlier enduring power of attorney
1: If an enduring power of attorney states that it revokes an earlier enduring power of attorney and both powers of attorney are of the same kind, they both continue to have effect until the earlier power of attorney is revoked by notice given in the manner set out in subsection (2)
2: Notice revoking an earlier power of attorney is given when a copy of the later power of attorney is given to the attorney or attorneys appointed under the earlier power of attorney and, to avoid doubt, the notice may be given by a person other than the donor, for example, the donor’s lawyer or one of the attorneys appointed under the later power of attorney, including in the event that the donor becomes mentally incapable.
3: This section applies to any enduring power of attorney, whether executed before or after this section comes into force.
4: For the purposes of this section, of the same kind
a: that both powers of attorney relate to—
i: the donor’s property; or
ii: the donor’s personal care and welfare; or
b: if the earlier power of attorney relates to the donor’s property or the donor’s personal care and welfare, or both, the later power of attorney relates to both the donor’s property and the donor’s personal care and welfare.
79: Section 99A amended (Attorney’s duty to consult)
1: In section 99A(1)(b) that matter ; and
2: After section 99A(1)(b)
c: any other attorney appointed by the donor under the enduring power of attorney (other than a successive attorney whose appointment has not taken effect); and
d: any other attorney appointed by the donor under another enduring power of attorney (other than a successive attorney whose appointment has not taken effect).
3: After section 99A(7)
8: To avoid doubt, if the same attorney must be consulted under subsection (1)(c) or (d)
80: Section 99D amended (Medical certification of incapacity)
Replace section 99D(1)
1: A certificate of the donor’s mental incapacity under this Part must—
a: contain the prescribed information; or
b: if the certificate is issued outside New Zealand, be in a form acceptable to the competent authority of the State concerned.
81: Section 106 amended (Circumstances in which enduring power of attorney shall cease to have effect)
1: In the heading to section 106 shall cease ceases
2: After section 106(1)(a)
ab: it is revoked by notice given in the manner set out in section 95A
3: After section 106(1)(b)
ba: the donor, by notice in writing to the attorney, revokes the appointment of the attorney while mentally capable of doing so; or
bb: in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, the donor, by notice in writing to one of the attorneys, revokes the appointment of that attorney while mentally capable of doing so; or
4: In section 106(1)(d) and (e) becomes a special or committed patient under the Mental Health Act 1969 becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992
5: After section 106(1)(e)
ea: in the case of an enduring power of attorney that appoints more than 1 attorney with several authority or with joint and several authority, the last remaining attorney—
i: has his or her appointment revoked by the donor under section 106A(1)
ii: dies, is adjudged bankrupt, becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, is subject to a personal order or a property order, or otherwise becomes incapable of acting; or
6: In section 106(2) the provisions of paragraphs (c) to (f) of subsection (1) shall apply subsection (1)(ba)
82: New section 106A inserted (Revocation of appointment of attorneys with several authority)
After section 106
106A: Revocation of appointment of attorneys with several authority
1: If an enduring power of attorney appoints more than 1 attorney with several authority or with joint and several authority, the donor may, by notice in writing to 1 or more of the attorneys, revoke the appointment of that attorney or those attorneys while mentally capable of doing so.
2: To avoid doubt, if a donor revokes the appointment of 1 or more attorneys under subsection (1)
83: Section 112 amended (Regulations)
1: After section 112(ba)
bab: prescribing a form of standard explanation for the purpose of explaining the effects and implications of an enduring power of attorney to a donor (which may include requirements for the content of the explanation and the manner in which it is to be given) under section 94A(6) and (6A)
2: Replace section 112(bc)
bc: prescribing information required for certificates for the purposes of any medical examination or assessment under Part 9:
24: Public Finance Act 1989
84: Principal Act
This Part Public Finance Act 1989 principal Act 2016-12-17 Public Finance Act 1989
85: Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
After section 45M(1)
1A: If section 150 of the Crown Entities Act 2004 does not apply to a Schedule 4 organisation under subsection (1)(d), the organisation and the responsible Minister for that organisation must, in relation to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b), comply with the provision, presentation, and publication obligations set out in section 150(1)(b) and (3) to (6) of the Crown Entities Act 2004—
a: as if, in those provisions,—
i: every reference to a Crown entity were a reference to a Schedule 4 organisation; and
ii: every reference to the annual report were a reference to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b); and
b: with all other necessary modifications.
25: Sale and Supply of Alcohol Act 2012
86: Principal Act
This Part Sale and Supply of Alcohol Act 2012 principal Act 2016-12-17 Sale and Supply of Alcohol Act 2012
87: Section 22 amended (Special licences)
1: In section 22(2) sell or supply sell and supply
2: In section 22(3) sell or supply sell and supply
88: Section 102 amended (Objections to applications)
In section 102(1) for it for the licence
89: Section 103 amended (Police, Medical Officer of Health, and inspector must inquire into applications)
In section 103(4) sending the copy of the application to them the Police or Medical Officer of Health received the copy of the application
90: Section 141 amended (Inquiry into applications by Police, inspector, and Medical Officer of Health)
In section 141(5) sending the copy of the application to them the Police or Medical Officer of Health received the copy of the application
91: Section 360 amended (Existing community trust continues in existence)
In section 360 The trust Each of the trusts
92: New section 415A inserted (Application of amendments to section 360 and Schedule 1)
After section 415
415A: Application of amendments to section 360 and Schedule 1
This Act must be read as if the amendments to section 360 and Schedule 1 made by Part 25 of the Statutes Amendment Act 2016
93: Schedule 1 amended
1: In Schedule 1 Parakai Licensing Trust
2: In Schedule 1 Parakai Community Trust
26: Sentencing Act 2002
94: Principal Act
This Part Sentencing Act 2002 principal Act 2016-12-17 Sentencing Act 2002
95: Section 30 amended (No sentence of imprisonment to be imposed without opportunity for legal representation)
1: In section 30(2)(a) Legal Services Act 2000 Legal Services Act 2011
2: In section 30(4)(a) Legal Services Act 2000 Legal Services Act 2011
96: Section 69I amended (Variation or cancellation of sentence of community detention)
In section 69I(3A) for variation of conditions
97: Section 80F amended (Application for variation or cancellation of sentence of home detention)
In section 80F(4A) for variation of conditions
98: Section 80FA amended (Chief executive of Department of Corrections may vary offender's home detention address)
1: In the heading to section 80FA address residence
2: In section 80FA address residence
99: Section 80N amended (Imposition of post-detention conditions on offender)
In section 80N(2)(a) otherwise a different period
100: Section 80ZGD amended (Effect of appeal on resumption of sentence of home detention)
In section 80ZGD(3)(a) address residence
101: Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)
In section 93(2)(a) otherwise a different date
102: Section 123C amended (Provisions applying to protection order made under section 123B)
In section 123C(1)(a) 32(1) and (4), and 33 51D, and 51L
103: Section 123D amended (Explanation of protection order)
In section 123D(1)(a)(ii) section 32 section 51D
104: Section 123G amended (Protection order treated as if made by Family Court)
Replace section 123G(b)
b: sections 22(2)(b) and (6), 23, 45(2), 46(1), 47(1), 48, 49, 50, 51C, 51G, 51H, 51L to 51T, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.
27: State Sector Act 1988
105: Principal Act
This Part State Sector Act 1988 principal Act 2016-12-17 State Sector Act 1988
106: Section 2 amended (Interpretation)
1: In section 2 State services organisations includes
2: In section 2 State services
107: Section 43 amended (Review of performance of chief executive)
In section 43(2) its the
28: Vulnerable Children Act 2014
108: Principal Act
This Part Vulnerable Children Act 2014 principal Act 2016-12-17 Vulnerable Children Act 2014
109: Section 36 amended (Application for exemption)
Replace section 36(1)(c)
c: whether the person is subject to any conditions imposed under—
i: the Parole Act 2002; or
ii: the Sentencing Act 2002; or
iii: the Criminal Justice Act 1985:
110: Schedule 2 amended
In Schedule 2
31: section 194(a) (assault on child):
29: Wildlife Act 1953
111: Principal Act
This Part Wildlife Act 1953 principal Act 2016-12-17 Wildlife Act 1953
112: Section 7A amended (Noxious animals)
1: Replace the heading to section 7A Wild animals
2: In section 7A(1)
a: Wild animals Animals
b: noxious animals wild animals
c: Noxious Animals Act 1956 Wild Animal Control Act 1977
113: Schedule 6 heading replaced
Replace the Schedule 6
6: s 7A Animals declared to be wild animals subject to the Wild Animal Control Act 1977


Charities Amendment Act 2017

1: Title
This Act is the Charities Amendment Act 2017.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act Charities Act 2005 principal Act 2017-02-14 Charities Act 2005
4: Section 16 amended (Qualifications of officers of charitable entities)
Replace section 16(2)(c)
c: an individual who, or a body corporate that, has been convicted of either of the following and has been sentenced for the offence within the last 7 years:
i: a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961):
ii: an offence under section 143B of the Tax Administration Act 1994:
5: Section 18 amended (Chief executive to consider application)
1: In section 18(2) documentation within 20 working days after the date of the request
2: In section 18(3)(c)(ii) a reasonable opportunity 20 working days after the date of that notice
3: After section 18(3)
3A: An application is to be treated as withdrawn if an applicant fails to adequately respond to a request under subsection (2) or to make submissions to the chief executive on a matter in a notice given under subsection (3)(c) within—
a: 20 working days after the date of the request or notice; or
b: a longer period that the chief executive allows at the request of the applicant.
6: Section 60 amended (High Court may make interim order pending determination of appeal)
In section 60(3) chief executive Board


Wildlife (Powers) Amendment Act 2017

1: Title
This Act is the Wildlife (Powers) Amendment Act 2017.
2: Commencement
This Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Wildlife Act 1953 principal Act 2017-03-13 Wildlife Act 1953
1: Creation of new powers
4: Section 39 amended (Powers of rangers)
1: Replace section 39(1)(e)
e: call on any person for assistance, and the person is authorised to assist the ranger—
i: in the exercise of a search power in accordance with section 113 of the Search and Surveillance Act 2012; or
ii: in the exercise of any other power if the person acts under the direction and supervision of the ranger:
2: Repeal section 39(3)
5: New sections 39A to 39G inserted
After section 39
39A: Certain rangers to have additional powers
1: This section applies to a ranger who is not—
a: a fish and game ranger; or
b: a ranger appointed under section 38(2); or
c: an honorary fishery officer, within the meaning given in section 2(1) of the Fisheries Act 1996.
2: A ranger to whom this section applies may exercise the powers provided in sections 39B to 39D
39B: Power to seize evidential material
A ranger to whom section 39A
39C: Powers to require people to stop and to stop things or articles in transit
1: In exercising a power or duty under this Act, a ranger to whom section 39A
a: require a person to stop and to remain stopped for a period that is no longer than is reasonable in the circumstances; and
b: stop, and keep stopped for a period that is no longer than is reasonable in the circumstances, any thing or any article in transit.
2: This section does not limit the power in section 39(1)(d).
39D: Power to intervene to prevent offending
1: A ranger to whom section 39A
2: This section does not affect the power in section 39(1)(f).
39E: Certain people to have power of arrest
1: The Director-General may issue to a ranger to whom section 39A section 39F
2: The following people may also exercise the power of arrest under section 39F
a: every constable:
b: every officer in command of any vessel, aircraft, or unit of the New Zealand Defence Force:
c: every Customs officer (as defined in section 2(1) of the Customs and Excise Act 1996):
d: every fishery officer appointed under section 196(1) of the Fisheries Act 1996.
39F: Power of arrest
1: A person authorised under section 39E arresting officer
a: the arresting officer believes on reasonable grounds that the person has committed or is committing an offence against a provision listed in section 67A(2) (which contains offences in respect of absolutely protected wildlife); or
b: the arresting officer believes on reasonable grounds that the person has committed or is committing an offence in relation to absolutely protected wildlife against section 56(4) (which relates to liberating wildlife) or section 63A (which relates to hunting, killing, buying, or selling marine wildlife, or robbing or disturbing the nest of marine wildlife); or
c: the arresting officer believes on reasonable grounds that the person is obstructing the investigation of an offence referred to in paragraph (a) or (b)
2: At the time of arrest, the arresting officer must, unless it is impracticable to do so,—
a: identify himself or herself; and
b: produce evidence that he or she is authorised under section 39E
c: tell the person that the power is being exercised under this Act; and
d: tell the person the reason for the arrest.
3: If the arresting officer is not a constable, the arresting officer must deliver the arrested person into the custody of a constable as soon as is reasonably practicable (unless the person is sooner released).
39G: Application of Search and Surveillance Act 2012
Part 4 of the Search and Surveillance Act 2012 applies, with any necessary modifications, in relation to the exercise of a power under section 39(1) or any of sections 39B to 39F
6: Section 40 replaced (Obstructing rangers)
Replace section 40
40: Obstructing persons acting under this Act
1: A person must not—
a: wilfully resist, impede, or obstruct a person acting under this Act; or
b: wilfully incite or encourage another person to resist, impede, or obstruct a person acting under this Act; or
c: wilfully use abusive or threatening language to, or behave in a threatening manner to, a person acting under this Act; or
d: wilfully fail to comply with a lawful demand made by a person acting under this Act (including a requirement under section 39C(1)(a)
e: wilfully refuse to allow a person acting under this Act to exercise a power conferred on that person by or under this Act.
2: A person who does not comply with this section commits an offence and is liable on conviction to the penalty set out in section 67D.
3: In this section, a person acting under this Act
a: a ranger exercising a power conferred on that ranger by or under this Act; and
b: a person assisting a ranger under section 39(1)(e)
c: a person authorised under section 39E(2) section 39F
7: Section 60 amended (Protection of rangers and others)
In section 60 functions or powers
8: Section 66 amended (Offenders to give name and address to rangers, etc)
1: Replace the heading to section 66 Continuing offence after being required to desist
2: In section 66(1) and also to tell his real Christian name, surname, and place of abode
3: Repeal section 66(3)
9: New section 66A inserted (Offenders to give identifying information)
After section 66
66A: Offenders to give identifying information
1: A ranger or an authorised person who believes on reasonable grounds that a person has committed, is committing, or is about to commit an offence against this Act or any regulations made under this Act may require the person to give information or produce evidence as follows: The following table is small in size and has 2 columns. Column 1 is headed Type of ranger or authorised person and column 2 is headed Information or evidence that ranger or authorised person may require. Type of ranger or authorised person Information or evidence that ranger or authorised person may require Authorised person who is not a ranger The person’s full name and residential address Honorary fish and game ranger, honorary fishery officer, or ranger appointed under section 38(2) The person’s full name and residential address Fish and game ranger, other than an honorary fish and game ranger The person’s full name, residential address, and date of birth All other rangers The person’s full name, residential address, and date of birth, and evidence of that information
2: A person who is required to give information or produce evidence under subsection (1)
a: give the information:
b: produce the evidence within a reasonable time.
3: A person who contravenes subsection (2)
4: In this section,— authorised person honorary fish and game ranger honorary fishery officer
2: Consequential amendments
10: Section 67F amended (Penalties for other offences)
Replace section 67F(6)(h)
h: section 66A(3)
11: Section 68AB amended (Mens rea and strict liability offences)
Replace section 68AB(5)(g)
g: section 66(2) (which relates to wilfully continuing an offence):
h: section 66A(3)
12: Conservation Act 1987 amended
1: This section amends the Conservation Act 1987
2: In section 59(9) Part 6 of the Fisheries Act 1983 Part 11 of the Fisheries Act 1996 2017-03-13 Conservation Act 1987
13: Search and Surveillance Act 2012 amended
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule The following table is small in size and has 4 columns. This table is an amendment to the table in the Schedule of the Search and Surveillance Act 2012 and should be read with that table to provide understanding of the context. Wildlife Act 1953 39(1), 39B to 39F Ranger may exercise variety of entry, seizure, stopping, and related powers in connection with enforcement of Wildlife Act 1953. Specifically warranted rangers and specified enforcement officers from other government agencies may exercise arrest power All 2017-03-13 Search and Surveillance Act 2012