1: Title
This Act is the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010.
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 Maori Commercial Aquaculture Claims Settlement Act 2004 2010-03-30 Maori Commercial Aquaculture Claims Settlement Act 2004
4: Purpose
The purpose of this Act is to provide the Crown with an additional way of complying with its obligation under section 22(1)
1: Amendments relating to preliminary provisions of principal Act
5: Interpretation
Section 4 regional agreement section 29A Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 .
6: Meaning of settlement assets
Section 5(1)
ab: includes payments of money and the transfer of any other benefit to the trustee or an iwi aquaculture organisation under a regional agreement; and .
2: Amendments relating to remaining provisions of principal Act
7: Crown's obligations
1: Section 22(3)
ba: by entering into a regional agreement: .
2: Section 22
3A: If a regional agreement includes a provision of a kind referred to in section 29A(3)(b) subsection (3)(ba)
8: New section 29A inserted
The following section is inserted after section 29
29A: Regional agreements
1: The Crown may enter into an agreement (including by deed) in respect of 1 or more regions of regional councils, or of 1 or more harbours listed in Schedule 2, with the parties specified in subsection (2)
2: The parties referred to in subsection (1)
a: the iwi aquaculture organisations of all iwi whose area of interest includes a region or harbour covered by the agreement; or
b: for any iwi referred to in paragraph (a)
3: A regional agreement must include—
a: the trustee as a party to the agreement in order to confirm that the agreement has been entered into by the parties specified in subsection (2)
b: a provision that the agreement is conditional on the trustee confirming that the agreement has been entered into by those parties.
4: To avoid doubt, a regional agreement is enforceable as a contract in accordance with its terms.
5: Section 22(3)(c) does not prevent the Crown from making a payment to the trustee under a regional agreement before 1 January 2013.
6: No court or tribunal has jurisdiction to inquire into the quantification or the adequacy of the benefits to be provided by or under a regional agreement.
7: However, subsection (6)
9: Registered entitlements to settlement assets
Section 31
4: A registered settlement assets allocation entitlement binds the iwi concerned in relation to the allocation of settlement assets within the regional coastline or harbour concerned as determined by the trustee in accordance with section 45(4) or Schedule 1.
10: Functions and powers of iwi aquaculture organisations
Section 32(2)
ba: enter into regional agreements: .
11: Duties of trustee
1: Section 38
2A: The trustee may also enter into a regional agreement or otherwise agree to be bound by a regional agreement, and perform obligations and exercise rights under or in relation to the agreement.
2: Section 38(3) or its obligations referred to in subsection (2A) subsection (1)
12: New section 44 substituted
Section 44
44: Determinations and allocations generally
1: The trustee must make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets separately on the basis of the region of each regional council and each harbour listed in Schedule 2.
2: However, if a written agreement referred to in section 45(4) covers more than 1 region or harbour, the trustee may make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets collectively on the basis of the regions and harbours covered by the agreement.
3: For a region or harbour, the trustee must make either—
a: a single determination for all of the settlement assets of the region or harbour; or
b: 1 or more determinations for the settlement assets of the region or harbour covered by a regional agreement and a single determination for all the other settlement assets of the region or harbour.
4: The trustee may amend a determination to give effect to a written agreement referred to in section 45(4) to the extent that the agreement relates to settlement assets under a regional agreement that was entered into after the written agreement and, if it does so, the amendment becomes a determination of settlement assets allocation entitlements.
13: Basis of allocation of settlement assets
Section 47
1: If by the end of the 12-month period specified in section 45(4) the iwi aquaculture organisations for a region have not made a written agreement for all of the settlement assets of the region, the trustee must determine, in accordance with this section and Schedule 1, settlement assets allocation entitlements for any settlement assets for which no written agreement has been made.


Immigration Act 2009 Amendment Act 2010

1: Title
This Act is the Immigration Act 2009 Amendment Act 2010.
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 Immigration Act 2009 2010-04-09 Immigration Act 2009
4: Commencement
1: Section 2(1) (4) (5)
2: Section 2
5: Section 474 comes into force on the day after the date on which the Immigration Act 2009 Amendment Act 2010 receives the Royal assent.


1: Title
This Act is the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010.
2: Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dairy Industry Restructuring Act 2001 2010-04-09 Dairy Industry Restructuring Act 2001
4: Obligations concerning milk
1: Section 115(1)(a) and (b)
a: require new co-op to supply in New Zealand 1 or more of the following goods or services:
i: components of milk:
ii: products derived from milk:
iii: transporting, processing, and packaging milk, components of milk, and products derived from milk; and
b: do 1 or more of the following for 1 or more of the goods or services specified in paragraph (a)
i: specify a price or prices for it or them:
ii: specify a method or methods for determining a price or prices for it or them:
iii: specify the terms of supply for it or them; and
ba: require new co-op to supply raw milk in New Zealand; and
bb: do 1 or more of the following for some or all of the raw milk:
i: specify a price or prices for it:
ii: specify a method or methods, which may include an auction or auctions or any other method at all, for determining a price or prices for it:
iii: specify a method or methods, which may include an auction or auctions or any other method at all, for allocating it:
iv: specify the terms of supply for it; and
bc: do some or all of the following for auctions of raw milk:
i: specify what is auctioned:
ii: specify how the auctions are held:
iii: specify a date and time or a range of dates and times on which the auctions must be held:
iv: specify who are eligible bidders at the auctions:
v: allow the Minister to set a reserve or reserves for the auctions by referring to material not set out in the regulations or by any other means:
vi: require the chief executive to hold the auctions or allow the chief executive to arrange for another person to hold the auctions on the chief executive's behalf:
vii: require the chief executive to maintain a system or systems for holding the auctions or allow the chief executive to arrange for another person to maintain a system or systems for holding the auctions on the chief executive's behalf:
viii: provide for the maintenance of the system or systems for holding the auctions:
ix: allow the chief executive to require new co-op to reimburse the chief executive for the annual operating costs of the auctions:
x: allow some or all of the details about matters referred to in subparagraphs (i) to (ix) Gazette .
2: Section 115(1)(c) subject to subsection (2), limit the amount of goods or services limit, subject to subsection (2), the amount of goods or services described in paragraph (a) or (ba)
3: Section 115(1)(d) or (ba) paragraph (a)
5: New section 119A inserted
The following section is inserted after section 119
119A: Incorporation by reference
Regulations made under this Act may incorporate material by reference under Schedule 5E
6: New Schedule 5E inserted
The Schedule 5E set out in the Schedule Schedule 5D


1: Title
This Act is the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010.
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—
a: provide for the replacement of the elected members of the Canterbury Regional Council with commissioners who will act as the Council's governing body until the elected members of Environment Canterbury come into office in accordance with the Environment Canterbury (Transitional Governance Arrangements) Act 2016
b: provide the Council with certain powers that it does not otherwise have to address issues relevant to the efficient, effective, and sustainable management of fresh water in the Canterbury region. Section 3(a) amended 10 May 2016 section 32 Environment Canterbury (Transitional Governance Arrangements) Act 2016
4: Interpretation
1: In this Act, unless the context otherwise requires,— 2016 election local authorities required by section 10 Canterbury region Canterbury WCO WCO commencement day commissioner section 10 or 15 CWMS Canterbury Water Management Strategy—Strategic Framework Environment Canterbury ECan Local Government (Canterbury Region) Reorganisation Order 1989 Gazette Minister Minister of Local Government Local Government Act 2002 permit section 33 proposed regional policy statement or plan section 61 replacement day section 8 responsible Ministers RMA specified application section 33 transition day section 86 vision and principles of the CWMS
a: means the text of the vision and principles included in the CWMS—
i: as reproduced in Part 1
ii: the status and preparation of which are described in Part 2
b: does not include any amendments to that text WCO application
a: for a Canterbury WCO; and
b: to revoke or vary a Canterbury WCO.
2: To avoid doubt, the inclusion of the vision and principles of the CWMS in Part 1
3: Any term or expression that is defined in the Local Government Act 2002 Part 2
4: Any term or expression that is defined in the RMA and used, but not defined, in Part 3
5: This Act prevails where there is any inconsistency between this Act and the RMA, the Local Electoral Act 2001 Local Government Act 2002 Section 4(1) 2013 election repealed 5 March 2013 section 4(1) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 4(1) 2016 election inserted 5 March 2013 section 4(1) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 4(1) 2016 election amended 10 May 2016 section 33(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 4(1) Hurunui WCO application repealed 5 March 2013 section 4(2) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 4(1) next election repealed 10 May 2016 section 33(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 4(1) resumption day repealed 10 May 2016 section 33(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 4(1) transition day inserted 10 May 2016 section 33(3) Environment Canterbury (Transitional Governance Arrangements) Act 2016
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
This Act is repealed on the close of the day before the transition day. close of the day before the transition day 2016-10-13 Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 Stopgap date: see http://www.lgnz.co.nz/vote2016/ Section 6 replaced 10 May 2016 section 34 Environment Canterbury (Transitional Governance Arrangements) Act 2016
2: Replacement of governing body of ECan
7: What this Part does
This Part—
a: sets out the procedure to be followed in terminating the office of the elected members of ECan and replacing them on the replacement day with commissioners; and
b: prescribes the functions of those commissioners; and
c: defers the next triennial general election of members of ECan; and
d: sets out how this Part fits with the Local Electoral Act 2001 Local Government Act 2002 Termination of office of elected members
8: Replacement day
The responsible Ministers must determine the replacement day and give notice of it—
a: in the Gazette
b: to the elected members of ECan.
9: Elected members cease to hold office on close of day before replacement day
1: On the close of the day before the replacement day, the elected members of ECan then holding office (the elected members
2: This section applies no matter what the Local Electoral Act 2001 Local Government Act 2002
3: An elected member is not entitled to any compensation or other payment or benefit for the loss of office. Appointment of commissioners
10: Appointment of commissioners
The responsible Ministers must, in accordance with sections 12 14
11: First appointment of commissioners takes effect on replacement day
The first appointment of commissioners takes effect on the replacement day.
12: How appointment of commissioners made
1: The responsible Ministers must make the appointment by giving the person appointed a written notice of appointment that complies with subsection (2).
2: The notice of appointment must—
a: state the date on which the appointment takes effect (which must be the replacement day in the case of the first appointment of commissioners); and
b: state the term of the appointment; and
c: specify the terms of reference for the commissioners.
3: As soon as practicable, the responsible Ministers must—
a: notify the appointment (including the terms of reference for the commissioners) in the Gazette
b: give a copy of the notice of appointment to ECan.
4: More than 1 commissioner may be appointed in the same notice of appointment.
13: Amendment of terms of reference for commissioners
The responsible Ministers may at any time amend the terms of reference for the commissioners and as soon as practicable after amendment the responsible Ministers must—
a: notify the commissioners of the amended terms of reference; and
b: publish the amended terms of reference in the Gazette
14: Commissioners must have collective knowledge and expertise in certain matters
1: The responsible Ministers must appoint commissioners who collectively have knowledge of, and expertise in relation to, the following matters:
a: organisational change; and
b: fresh water management; and
c: local authority governance and management; and
d: tikanga Māori, as it applies in the Canterbury region; and
e: the Canterbury region and its people.
2: However, nothing in subsection (1) affects the validity of the appointment of a commissioner once made.
15: Subsequent appointment of commissioners
1: The responsible Ministers may appoint additional commissioners after the first appointment of commissioners, except that the total number of commissioners must not be more than 7.
2: The responsible Ministers may appoint a commissioner to replace a commissioner who vacates office.
3: Sections 12 14
16: Chairperson and deputy chairperson of commissioners
1: The responsible Ministers must appoint 1 of the commissioners to be the chairperson of the commissioners.
2: The responsible Ministers must appoint 1 of the commissioners to be the deputy chairperson of the commissioners.
3: The responsible Ministers must make each appointment by giving the person appointed a written notice of appointment.
4: As soon as practicable, the responsible Ministers must—
a: notify the appointment in the Gazette
b: give a copy of the notice of appointment to ECan.
5: The responsible Ministers may terminate the appointment of a commissioner as chairperson or deputy chairperson by written notice to that person.
17: Term of office
1: The term of office of a commissioner ends when the commissioner vacates office or on the close of the day before the transition
2: A commissioner vacates office if he or she—
a: is removed by written notice given by the responsible Ministers; or
b: resigns by written notice given to the responsible Ministers.
3: The responsible Ministers may in their complete discretion remove a commissioner by written notice at any time.
4: As soon as practicable, the responsible Ministers must—
a: notify the removal or resignation of a commissioner in the Gazette
b: give a copy of the notice of removal or resignation to ECan. Section 17(1) amended 10 May 2016 section 35 Environment Canterbury (Transitional Governance Arrangements) Act 2016
17A: Review
1: The responsible Ministers must begin a review of ECan on 1 March 2014.
2: The review must cover—
a: the governance structure of ECan; and
b: the membership of ECan; and
c: ECan's powers and functions under Part 3 Section 17A inserted 5 March 2013 section 5 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013
18: Commissioners' remuneration and expenses
1: A commissioner is entitled to be paid—
a: remuneration by way of salary, fees, and allowances at a rate determined by the responsible Ministers; and
b: travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
2: ECan must pay out of its own funds all expenditure incurred by a commissioner in carrying out his or her functions under this Act or any other Act, including the remuneration, allowances, and expenses to which the commissioner is entitled under subsection (1).
19: Exclusion of commissioners' liability
A commissioner is not liable for any act done or omitted to be done by him or her in good faith in the performance or intended performance of his or her functions, responsibilities, or duties as a commissioner, or in the exercise or intended exercise of his or her powers as a commissioner. Functions of commissioners
20: Commissioners constitute governing body of ECan
During their term of office, the commissioners constitute the governing body of ECan and must—
a: perform all the functions, responsibilities, and duties, and exercise all the powers, of the governing body; and
b: perform any other functions, responsibilities, or duties specified in the terms of reference for the commissioners; and
c: exercise the powers and perform the functions set out in Part 3
d: comply with the terms of reference for the commissioners.
21: Commissioners must establish advice process
The commissioners must as soon as practicable establish a process for seeking advice from the mayors of the territorial authorities in the Canterbury region on local issues that affect the exercise of the powers, and the performance of the functions, of ECan. 2010 and 2013 elections Heading amended 5 March 2013 section 6 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013
22: 2010 and 2013 elections
1: The triennial general elections 2010 election and in October 2013 section 10(2)
2: A notice given by an electoral officer in respect of the 2010 election under section 52
3: If a notice referred to in subsection (2) has been given before the commencement of this section, the electoral officer must as soon as practicable give public notice that the 2010 election will not be held. Section 22 heading amended 5 March 2013 section 7(1) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 22(1) amended 5 March 2013 section 7(2)(a) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 22(1) amended 5 March 2013 section 7(2)(b) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Next election Heading repealed 10 May 2016 section 36 Environment Canterbury (Transitional Governance Arrangements) Act 2016
23: Members of ECan elected at next election
Section 23 repealed 10 May 2016 section 36 Environment Canterbury (Transitional Governance Arrangements) Act 2016 Application of other enactments
24: References to members, chairperson, and deputy chairperson
1: During the term of office of the commissioners, every reference in the Local Government Act 2002
a: a member or an elected member of a local authority must, in relation to ECan, be read as referring to a commissioner; and
b: the chairperson of a regional council must, in relation to ECan, be read as referring to the chairperson of the commissioners appointed under section 16(1)
c: the deputy chairperson of a regional council must, in relation to ECan, be read as referring to the deputy chairperson of the commissioners appointed under section 16(2)
2: This section applies subject to sections 25 26
25: Provisions of Local Government Act 2002 that do not apply
The following provisions of the Local Government Act 2002
a: section 41(1)
b: any provision relating to the election or appointment of, or vacation of office by, the members, chairperson, or deputy chairperson of a regional council, including section 48(a) clauses 1 to 5 17 18 25 26(4)
c: any provision relating to the remuneration of members, including section 48(b) clauses 6 to 13
d: clauses 14 21
26: Provisions of Local Electoral Act 2001 that do not apply
1: The following provisions of the Local Electoral Act 2001
a: section 19D
ab: sections 19I 19JB
ac: sections 19Z 19ZB 19ZD
b: any provision relating to the election or appointment of, or vacation of office by, the members of a regional council, including sections 115(3) 116 117
2: Section 26(1)(ab) inserted 10 May 2016 section 37(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 26(1)(ac) inserted 10 May 2016 section 37(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 26(2) repealed 10 May 2016 section 37(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Saving and transitional provisions
27: Saving for acts of elected members of ECan
Nothing in this Act affects the validity of anything done by a person in his or her capacity as an elected member of ECan before the replacement day.
28: Continuation of committees and delegations
Section 28 repealed 10 May 2016 section 38 Environment Canterbury (Transitional Governance Arrangements) Act 2016
3: Additional functions and powers of ECan after commencement day
1: Preliminary matters
29: What this Part does
This Part—
a: provides, in subpart 1 Part 2
b: confers, in subpart 2 RMA
c: in subpart 3 Part 9
d: in subpart 4
30: Application of Part 2 of RMA to this Part
Part 2
31: Transitional regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to—
a: prescribe provisions concerning the commencement or duration of the powers and functions of ECan, which may be in addition to or in place of the provisions of this Part:
b: provide that, subject to any conditions specified in the regulations, in respect of this Part,—
i: for a specified period of time or in specified circumstances, specified provisions of the RMA (including definitions)—
A: do not apply, despite being applied under this Act; or
B: do apply, despite not applying under this Act:
ii: specified terms have the meaning given to them by the regulations:
c: provide for the application of provisions of this Part, with any necessary modifications, despite their expiry and repeal under section 6
d: provide for the expiry of any regulations made under this section.
2: Moratoria on specified applications
32: Application of RMA under this subpart
This subpart applies in addition to the RMA
33: Interpretation
In this subpart,— permit paragraph (a) relevant regional plan specified application
a: means an application in relation to the Canterbury region for—
i: a water permit that allows the taking, use, damming, or diverting of—
A: water that would otherwise contravene section 14(2)(a)
B: heat or energy from water or the material surrounding geothermal water that would otherwise contravene section 14(2)(b) or (c)
ii: a discharge permit that allows a discharge of any—
A: contaminant or water into water that would otherwise contravene section 15(1)(a)
B: contaminant onto or into land that would otherwise contravene section 15(1)(b)
b: includes an application to change or cancel any conditions of a permit referred to in paragraph (a) Imposition of moratorium
34: Power to impose moratorium on specified applications
1: ECan may, with the prior approval of the Minister, impose a moratorium on specified applications in relation to 1 or more areas of the Canterbury region.
2: In determining whether to impose or approve a moratorium in relation to an area of the Canterbury region, ECan and the Minister must have regard to—
a: the vision and principles of the CWMS; and
b: the extent to which the fresh water of that area—
i: is subject to high or increasing demand or to diminishing quality; or
ii: is fully allocated, nearing full allocation, or over-allocated; and
c: any other relevant matter.
3: The effect of a moratorium is set out in sections 37 to 40
35: Notification of moratorium
ECan must give public notice and notice in the Gazette
a: the area of the Canterbury region to which the moratorium applies; and
b: the date on which it commences; and
c: the date on which it ends (which must not be later than the day before the transition section 36 Section 35(c) amended 10 May 2016 section 39 Environment Canterbury (Transitional Governance Arrangements) Act 2016
36: Power to end moratorium
1: ECan may end a moratorium at any time in any area to which the moratorium relates, or the Minister may direct ECan to end the moratorium.
2: A moratorium may be ended in relation to a part or the whole of the area to which it applies.
3: In determining whether to end, or to direct the end of, a moratorium, ECan or the Minister, as the case may be, must have regard to the adequacy of any relevant regional plan for the area to which the moratorium relates.
4: ECan must give public notice and notice in the Gazette
a: the area of the Canterbury region to which the moratorium applies; and
b: if the moratorium will not end in respect of the whole of that area, the part of the area in respect of which the moratorium will end; and
c: the date on which the moratorium will end. Effect of moratorium
37: Effect of moratorium on specified applications made during currency, or after end, of moratorium
1: This section applies to a specified application made to ECan in respect of an area where a moratorium—
a: is in force; or
b: has been in force within 6 months prior to that application being made.
2: If the specified application is made while a moratorium is in force, ECan—
a: must not begin to process the application; and
b: must return the application and any fee accompanying it to the applicant as soon as practicable.
3: If the specified application is made at any time during the period that ends 6 months after the end of a moratorium, ECan must not begin to process the application until after the end of that period.
38: Specified applications made before moratorium in force
1: In the case of specified applications made to ECan before a moratorium comes into force in respect of the area to which the application relates, ECan must not continue to process or determine an application any earlier than the end of the period that ends 6 months after the end of the moratorium.
2: However, ECan must continue to process and determine a specified application as if there were no moratorium in force if, before a moratorium comes into force, ECan has decided in respect of the application that—
a: a hearing must be held and the hearing has commenced or been completed; or
b: no hearing is required.
39: Effect of moratorium on applications for which request is made under section 87D of RMA
1: This section applies if, before a moratorium is in force in an area to which a specified application relates, the applicant requests ECan under section 87D
2: The specified application is to be treated as one to which section 38(1)
a: declines the request; or
b: has not made a decision on the request.
3: However, if ECan decides under section 87E subsection (4)
4: If section 87I section 38(1)
40: Effect of moratorium on permits granted before moratorium in force
1: Subsection (2) applies if a permit—
a: has been granted (whether before or after the commencement day) in relation to an area of the Canterbury region where a moratorium subsequently comes into force; and
b: is due to expire during, or within 6 months after the end of, the moratorium.
2: The permit is to be treated as expiring on the date that is 6 months after the end of the moratorium. Treatment of specified applications at end of moratorium
41: Specified applications held over during moratorium may be revised
1: If the processing of a specified application is interrupted under section 38(1)
a: revise the application to take account of any changes made to the relevant regional plan since the application was first made; and
b: lodge any revised application again with ECan.
2: Not later than 5 working days before the end of a moratorium, ECan must give notice to any applicant whose application is affected in the manner referred to in subsection (1), advising the applicant—
a: of the date on which the moratorium will end; and
b: of the applicant's right to revise the application and lodge it again with ECan.
3: Subsection (1)(a) permits revision of a specified application only if, and to the extent that, the application—
a: is revised no more than is necessary to take into account changes made to the relevant regional plan since the application was first lodged; and
b: remains within the scope of the application as it was first lodged.
42: Process to apply to specified applications after end of moratorium
1: On the day that is 6 months after the end of a moratorium, ECan must—
a: resume processing any specified applications to which section 38(1) section 41(1) and (3)
b: process those applications—
i: as having been received on the date that the original application was first lodged; but
ii: under any relevant regional plan applying at the time when the application is considered.
2: On the day that is 6 months after the end of a moratorium, ECan must commence processing, in accordance with subsection (3), any specified application to which—
a: section 37(3)
b: section 38(1) section 41(3)
3: ECan must process an application to which subsection (2) applies—
a: as if it were a new application made—
i: on the day it was first lodged, in the case of an application to which subsection (2)(a) refers:
ii: on the day it was lodged again, in the case of an application to which subsection (2)(b) refers; and
b: under any relevant regional plan applying at the time when the application is considered.
4: Subsections (1)(b)(ii) and (3)(b) apply instead of section 88A
43: Application of certain provisions of RMA
1: Section 124(3) section 40
a: for the same activity; and
b: on or before the day that the existing permit expires under section 40(2)
2: If a specified application is made in the circumstances described in subsection (1),—
a: for the purposes of sections 124A to 124C section 124
b: the references in section 124C(4) and (5) section 40(2) Exclusions
44: No compensation
No compensation is payable by the Crown or ECan to any person for any loss or damage arising from the application of this subpart.
45: Provisions of Local Government Act 2002 that do not apply
Nothing in sections 76 to 82
3: Water conservation orders
46: Part 9 of RMA does not apply except as otherwise stated
1: Except as expressly provided in this subpart, this subpart applies instead of Part 9
a: on and from the commencement day; and
b: until the close of the day before the transition
2: Subsection (1) applies whether an application is made before, on, or after the commencement day.
3: Subsection (1) does not limit or otherwise affect the application of section 217
4: Despite subsection (1), the following provisions continue to apply on and from the transition
a: sections 52 to 55
b: Section 46(1)(b) amended 10 May 2016 section 40(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 46(4) amended 10 May 2016 section 40(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 46(4)(a) amended 10 May 2016 section 40(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 46(4)(b) repealed 10 May 2016 section 40(3) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Provisions relating to processing of applications
47: Applications to Minister under section 201 of RMA
1: Section 201
2: The application must state the reasons for the application with reference, as appropriate, to the matters provided for in sections 50(2) 57(2) section 201(2)(b)
48: Processing of applications
1: After receiving a WCO application and any further information that the Minister may require, the Minister—
a: may make any inquiry that the Minister considers necessary; and
b: as soon as practicable, must either—
i: reject the application; or
ii: submit the application to ECan to hear and report on.
2: The Minister must notify the applicant—
a: that the application has been rejected, and the reasons for the rejection; or
b: that the application is to be heard and reported on by ECan under this Act.
49: ECan to notify applications
1: As soon as practicable after receiving an application from the Minister under section 48(1)(b)(ii) section 204
2: The notice required by section 204(1)(c) Criteria and process for consideration of applications
50: Consideration of applications by ECan
1: After considering a WCO application submitted by the Minister under section 48(1)(b)(ii)
a: reject the application; or
b: recommend to the Governor-General that a Canterbury WCO be made under section 214 section 56
2: In considering whether to recommend to the Minister that a WCO be made, ECan must, subject to Part 2
a: have particular regard to—
i: the matters set out in subsections (3) and (4); and
ii: the vision and principles of the CWMS; and
b: have regard to the matters specified in section 207(a) to (c)
3: ECan may recommend to the Minister that a WCO be made to recognise and sustain—
a: outstanding amenity or intrinsic values that are afforded by waters in their natural state; or
b: where waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.
4: Section 199(2)
51: Submissions, hearing, and report
Sections 205 206 208
a: every reference to a special tribunal were a reference to ECan; and
b: the references in section 205(3)(d) and (5) sections 199 200 207 sections 50(2) 57(2)
c: section 208(2)(c) Appeals on question of law only
52: Jurisdiction of Environment Court excluded
The Environment Court has no jurisdiction under this subpart and no person may make a submission to the Environment Court in respect of a report prepared and notified by ECan under section 51
53: Right of appeal to High Court on question of law
1: The persons listed in subsection (2) may appeal to the High Court, but only on a question of law, in respect of the whole or a part of a report of ECan recommending that—
a: a WCO application be declined; or
b: a Canterbury WCO be made on the terms of the draft order included in that report.
2: The persons are—
a: the person who applied for the Canterbury WCO to which the report relates:
b: a territorial authority whose district may be affected by the proposed Canterbury WCO:
c: a person who made a submission to ECan on the application:
d: any other person granted leave to appeal by the High Court on the ground that the person could not reasonably be expected to know that the report of ECan would affect the person or an aspect of the public interest that the person represents.
54: Provisions of RMA applying to appeal procedure
1: Sections 300 to 307 section 53
2: The High Court Rules apply if a procedural matter is not provided for by or under those sections.
55: Appeal to Court of Appeal
Section 66 section 53 Section 55 replaced 10 May 2016 section 41 Environment Canterbury (Transitional Governance Arrangements) Act 2016 Making or declining to make WCO
56: Application of sections 214 and 215 of RMA
Sections 214 215
a: every reference to a report of a special tribunal under section 208
b: the references to the Environment Court were omitted.
57: Scope and effect of WCO made under this subpart
1: A Canterbury WCO made under section 214 section 56 section 30(1)(e) and (f)
2: Restrictions or prohibitions imposed under subsection (1) may include, in particular, restrictions or prohibitions relating to—
a: the quantity, quality, rate of flow, or level of the water in a water body:
b: the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for the water body:
c: the maximum allocation for abstraction or maximum contaminant loading consistent with the purposes of the order:
d: the ranges of temperature and pressure in a water body. Revocations and variations
58: Applications to revoke or vary WCOs
1: Section 216(1) and (2)
2: Despite anything in this subpart, the Minister may, instead of submitting an application to revoke or vary a Canterbury WCO to ECan under section 48(1)(b)(ii)
a: the Minister is of the opinion that—
i: the application should not be rejected; but
ii: because of the minor effect of the amendment, it is unnecessary for ECan to consider the application; and
b: both ECan and the original applicant for the WCO (if that person can be located) agree to the amendment.
3: The Governor-General may, by Order in Council made on the recommendation of the Minister under subsection (2), amend the WCO accordingly. Delegations under this subpart
59: Delegation by ECan of functions, powers, and duties
1: ECan may delegate its functions, powers, and duties under this subpart (except the power to delegate) to—
a: an employee; or
b: a hearings commissioner appointed by ECan.
2: Section 34(7) to (10)
3: Subsection (2) does not limit clause 32 Transitional matters Heading repealed 10 May 2016 section 42 Environment Canterbury (Transitional Governance Arrangements) Act 2016
60: Transitional provisions
Section 60 repealed 10 May 2016 section 42 Environment Canterbury (Transitional Governance Arrangements) Act 2016
4: Process for approval of proposed regional policy statements or plans
Preliminary matters
61: Meaning of proposed regional policy statement or plan
In this subpart, proposed regional policy statement or plan
a: means—
i: any proposed plan or change to, or variation of, a plan notified by ECan under clause 5 26
A: after the commencement of this Act; or
B: before the commencement of this Act, but only if no decision has been made under clause 10
ii: any proposed regional policy statement or change to, or variation of, a regional policy statement that is notified by ECan under the clauses mentioned in subparagraph (i) after the commencement of this Act; but
b: does not include a proposed regional coastal plan or change to, or variation of, a regional coastal plan, whether that plan is notified before or after the commencement of this Act.
62: Application of RMA
1: Except as expressly provided otherwise in this subpart, the provisions of the RMA
2: However, subsection (1) does not override section 161 Additional criteria for decision making
63: Additional relevant criteria
In considering any proposed regional policy statement or plan, ECan must have particular regard to the vision and principles of the CWMS in addition to the matters relevant under the RMA clause 10(1) Procedural arrangements
64: Application of sections 65 to 68
Sections 65 to 68
a: made under clause 10
b: in respect of which ECan must have particular regard to the additional criteria specified in section 63
65: Notification of decision
A notice served by ECan under clause 11 section 66
66: Right of appeal to High Court on question of law
1: No person may appeal to the Environment Court under clause 14 section 64
2: However, a person who made a submission under clause 6 8 section 64
67: Scope of right of appeal
Any appeal under section 66(2)
a: must be lodged in accordance with the requirements stated in the notice served under section 65
b: may relate only to a provision or matter raised in the submission of the person lodging the appeal.
68: Appeal procedure
Sections 54 55 Transitional provision
69: Procedures if proposed regional policy statement or plan under consideration before commencement day
1: Subsection (2)
a: ECan revokes a delegation under section 34 34A clause 10
b: any hearing on that submission has been concluded.
2: Despite any other enactment or rule of law, ECan (or any other person to whom the power is delegated under section 34 34A
a: without holding a further hearing; but
b: only after first considering—
i: the submissions made in relation to that matter; and
ii: the evidence presented at the hearing; and
iii: any reports of an officer of ECan or expert commissioned by the person with authority to conduct a hearing under section 34 34A
3: Despite any other enactment or rule of law, after the commencement day ECan is not required to give a further opportunity to any person to make submissions on, or be heard in relation to, a proposed regional policy statement or plan solely because of changes in the matters to which ECan must have particular regard when making decisions under clause 10(1)


Companies Amendment Act 2010

1: Title
This Act is the Companies Amendment Act 2010.
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 Companies Act 1993 2010-04-20 Companies Act 1993
4: Appointment of auditors
1: Section 196
3: Nothing in subsection (2) applies to a company—
a: to which section 19 of the Financial Reporting Act 1993 applies; or
b: that is an issuer within the meaning of section 4 of that Act.
2: Section 196(8)


Conservation Amendment Act 2010

1: Title
This Act is the Conservation Amendment Act 2010.
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 Conservation Act 1987 2010-04-20 Conservation Act 1987
4: Applications for leases, licences, etc
Section 17R
2: However, a person must not apply to the Minister for a concession if—
a: the Minister has exercised a power under section 17ZG(2)(a) to initiate a process that relates to such an application for a concession; and
b: the application would be inconsistent with the process.
5: Process for complete application
1: Section 17T
1A: However, the Minister must not consider an application made in breach of section 17R(2)
2: Section 17T(4) and (5)
4: Before granting a lease, or a licence with a term (including all renewals) exceeding 10 years, in respect of a conservation area, the Minister must give public notice of the intention to do so.
5: Before granting a licence with a term (including all renewals) not exceeding 10 years, or a permit or easement, in respect of a conservation area, the Minister may give public notice of the intention to do so if, having regard to the effects of the licence, permit, or easement, he or she considers it appropriate to give the notice.
6: Subsections (4) and (5) do not apply to the grant of a lease or licence resulting from the exercise of a right of renewal, or a right to a new lease or licence, that is contained in a lease or licence.
7: Section 49 applies to a public notice given under subsection (4) or (5)
6: Term of concession
Section 17Z(2) 5 10
7: Transitional provision for application for licence with term not exceeding 10 years or permit
1: This section applies to an application made under Part 3B this Act
a: a licence with a term (including all renewals) not exceeding 10 years; or
b: a permit.
2: The application must be dealt with—
a: as if this Act this Act
b: in accordance with the principal Act as amended by this Act
8: Transitional provision for application for concession if process initiated
1: This section applies if, before the commencement of this Act section 17ZG(2)(a)
2: The principal Act, as amended by this Act this Act


Designs Amendment Act 2010

1: Title
This Act is the Designs Amendment Act 2010.
2: Commencement
1: This Act (except section 7
a: the day that is 12 months after the date on which this Act receives the Royal assent:
b: a date to be appointed by the Governor-General by Order in Council.
2: Section 7
3: Principal Act amended
This Act amends the Designs Act 1953 2011-04-19 Designs Act 1953 Except section 7 and unless an OIC comes in, in the meantime (see s 2(1) above). (NB — if an OIC does come in, remember to update the Copyright amends note in section 8 below — CB) 2010-04-20 Designs Act 1953 Section 7 (see s 2(2) above)
4: Period of copyright
1: Section 12(2) prescribed form prescribed manner
2: Section 12
3: Subsection (2) is subject to sections 41A to 41F
5: Inspection of registered designs
Section 30
5: However, nothing in this section prevents the Commissioner from publishing any of the following:
a: the date of an application for the registration of a design:
b: the number of an application for the registration of a design:
c: any details of an application for the registration of a design that are required to be in the application form.
6: New headings and sections 41A to 41J inserted
The following headings and sections are inserted after section 41 Restoration of lapsed copyright in registered design
41A: Restoration of lapsed copyright in registered design
1: This section applies if the period of copyright in a registered design has ended by reason of a failure to make an application under section 12(2) or to pay the prescribed fee under section 12(2) (or both).
2: The Commissioner may, on a request made in the prescribed manner and in accordance with sections 41B to 41F
3: A request for an order under this section must contain a statement that fully sets out the circumstances that led to the relevant failure to comply with section 12(2).
4: The Commissioner may require the person who makes the request to provide any further evidence that the Commissioner thinks fit.
5: An appeal to the Court may be made from any decision of the Commissioner under this section or sections 41B to 41F
41B: Persons who may make request for restoration of copyright
1: A request for an order under section 41A
2: If there were 2 or more registered proprietors, the request for an order under section 41A
41C: When request for restoration of copyright may be made
1: A request for an order under section 41A
2: However, the Commissioner may extend the period within which a request may be made if the Commissioner is satisfied that there was no undue delay in making the request.
3: The person who makes the request must, for the purposes of subsection (2)
4: The Commissioner may require that person to provide any further evidence that the Commissioner thinks fit.
41D: Commissioner’s consideration of whether prima facie case has been made out for restoration
1: The Commissioner must, after considering a request made in accordance with sections 41A to 41C section 41A
2: The Commissioner must publish a request made in accordance with sections 41A to 41C Journal section 41A
41E: Notice of opposition and reasonable opportunity to be heard
1: Any person may, within the prescribed period, give notice to the Commissioner of opposition to an order being made under section 41A
a: that the relevant failure to comply with section 12(2) was not unintentional:
b: if the period within which a request for an order under section 41A section 41C
2: The Commissioner must notify the person who made the request if a person has given notice under subsection (1)
3: The Commissioner must give the person who made the request and the opponent a reasonable opportunity to be heard before the Commissioner decides the case.
41F: Order to be made on payment of unpaid fees
1: If the Commissioner has published a request under section 41D section 41A
a: all unpaid prescribed fees are paid; and
b: all other prescribed additional penalties (if any) are paid; and
c: either—
i: no notice of opposition is given within the prescribed period; or
ii: the decision of the Commissioner is in favour of the person who made the request (in the case of a notice of opposition having been given within the prescribed period).
2: An order for the extension of the period of copyright in a registered design—
a: may be made subject to a condition requiring the registration of any matter if the provisions of this Act concerning entries in the register of designs have not been complied with; and
b: must contain, or be subject to, the provisions that are prescribed for the protection or compensation of persons who availed themselves, or took definite steps by way of contract or otherwise to avail themselves, of the design between the date when the period of copyright ended and the date on which the request is published under section 41D
c: may be made subject to any other conditions that the Commissioner thinks fit.
3: If any condition of an order under this section is not complied with by the registered proprietor, the Commissioner may revoke the order and give any directions that are consequential on the revocation that the Commissioner thinks fit.
4: The Commissioner must, before the Commissioner makes a decision under subsection (3) Restoration of design applications
41G: Request for restoration of abandoned design application
1: This section applies if an application for the registration of a design is abandoned under section 7(4).
2: The applicant may make a request to the Commissioner in the prescribed manner for an order to restore the application and to extend the period for complying with the requirements imposed on the applicant by or under this Act to a date that is specified in the order.
3: Every request for an order must contain a statement that fully sets out the circumstances that led to the abandonment under section 7(4).
4: The Commissioner must, after considering a request, give the person who made the request a reasonable opportunity to be heard if the Commissioner is not satisfied that the default or neglect on the part of the applicant that resulted in the application being abandoned under section 7(4) was unintentional.
5: The Commissioner must publish the request in the Journal
6: An appeal to the Court may be made from any decision of the Commissioner under this section or sections 41H to 41J
41H: When request for restoration of application may be made
1: A request under section 41G may only be made within the prescribed period.
2: However, the Commissioner may extend the period within which a request may be made if the Commissioner is satisfied that there was no undue delay in making the request.
3: The applicant must, for the purposes of subsection (2), provide the Commissioner with a statement that fully sets out the circumstances that caused the delay and the reasons why the delay is not undue.
4: The Commissioner may require the applicant to provide any further evidence that the Commissioner thinks fit.
41I: Notice of opposition
1: Any person may, within the prescribed period, give notice to the Commissioner of opposition to an order being made under section 41J on either or both of the following grounds:
a: that the default or neglect on the part of the applicant that resulted in the application being abandoned under section 7(4) was not unintentional:
b: if the period within which a request under section 41G may be made is extended under section 41H, that the delay in making the request was undue.
2: The Commissioner must notify the applicant if a person has given notice under subsection (1) and provide the applicant with a copy of that notice.
3: The Commissioner must give the applicant and the opponent a reasonable opportunity to be heard before the Commissioner decides the case.
41J: Commissioner to determine matter
1: The Commissioner must, after the expiry of the prescribed period for giving notice of opposition under section 41I,—
a: by order restore the application and extend the period for complying with the requirements imposed on the applicant by or under this Act to a period that is specified in the order if the Commissioner is satisfied that—
i: the default or neglect on the part of the applicant that resulted in the application being abandoned under section 7(4) was unintentional; and
ii: if the period within which a request under section 41G
b: dismiss the request.
2: An order under this section must contain, or be subject to, the provisions that are prescribed for the protection or compensation of persons who availed themselves, or took definite steps by way of contract or otherwise to avail themselves, of the design between the date when the application became abandoned and the date on which the request is published under section 41G.
3: The Commissioner must publish in the Journal
7: Regulations
Section 46(2)
ca: for prescribing the manner in which applications may be made under section 12(2):
cb: for regulating the procedure to be followed in connection with a request to the Commissioner under sections 41A to 41F section 41F section 41F(2)(b)
cc: for regulating the procedure to be followed in connection with a request to the Commissioner under sections 41G to 41J section 41J(2) .
8: Consequential amendment to Copyright Act 1994
1: This section amends the Copyright Act 1994
2: Section 74
4: If the registered protection in New Zealand of a design that has ceased to have effect is restored by an order made under section 41A 2011-04-19 Copyright Act 1994


Fisheries Amendment Act 2010

1: Title
This Act is the Fisheries Amendment Act 2010.
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 Fisheries Act 1996 2010-04-20 Fisheries Act 1996
4: Catch to be counted against annual catch entitlement
1: Section 76(1) 76A In this section and sections
2: Section 76(6)
ab: 5 working days after the chief executive gives written notice to a commercial fisher under section 76A(6) .
5: New sections 76A and 76B inserted
The following sections are inserted after section 76
76A: Application for catch balancing relief
1: In this section and section 76B close of registration original owner specific amount
2: A commercial fisher may, at any time before the close of the 15th day of the third month after the end of a fishing year, apply to the chief executive for catch balancing relief for any amount of annual catch entitlement for a stock for the fishing year.
3: The chief executive may grant an applicant catch balancing relief for any specific amount of annual catch entitlement that is equal to or less than the amount for which the applicant applied.
4: The chief executive may grant catch balancing relief for a specific amount of annual catch entitlement only if he or she is satisfied that—
a: the applicant has received written notice from the chief executive that, at the close of registration, the applicant's reported catch for the stock for the fishing year exceeded the applicant’s annual catch entitlement for the stock for the fishing year by at least the specific amount; and
b: at the close of registration, the original owner owned at least the specific amount of annual catch entitlement; and
c: either—
i: the applicant believed on reasonable grounds that at least the specific amount of annual catch entitlement had been transferred to the applicant before the close of registration; or
ii: at least the specific amount of annual catch entitlement would have been transferred to, or owned by, the applicant before the close of registration, if not for a mistake made by the applicant or any other person; and
d: at the close of registration, the original owner's annual catch entitlement for the stock for the fishing year exceeded the original owner's reported catch for the stock for the fishing year by at least the specific amount; and
e: the original owner has consented in writing to the applicant being treated as the owner of at least the specific amount of annual catch entitlement on and from the close of registration; and
f: it would be unjust to refuse to grant the applicant catch balancing relief for the specific amount of annual catch entitlement; and
g: if an amount of additional annual catch entitlement has been allocated to the original owner under section 67A, but would not have been allocated if the original owner had not owned the specific amount of annual catch entitlement on the close of registration, adequate arrangements have been made to transfer that amount of additional annual catch entitlement to the Crown.
5: In considering whether to grant an applicant catch balancing relief, the chief executive may request and consider any information that he or she thinks relevant, such as—
a: information about transfers of annual catch entitlement to or from the applicant or the original owner, or about other transactions involving the applicant or the original owner:
b: information about the applicant’s usual arrangements for acquiring annual catch entitlement to balance the applicant's reported catch:
c: any submissions by the applicant that it would be unjust to refuse catch balancing relief.
6: The chief executive must give written notice, to the applicant and the original owner, of the chief executive's decision to grant or refuse catch balancing relief.
7: Any deemed value amount demanded by the chief executive that may be affected by an application for catch balancing relief remains payable despite the application having been made.
76B: Effect of granting catch balancing relief
1: If the chief executive decides to grant an applicant catch balancing relief for a specific amount of annual catch entitlement under section 76A
a: recalculate the annual deemed value amount (if any) for which the applicant is liable, by performing the comparison and calculations referred to in section 76(1B) and (2A) as if the applicant had owned the specific amount of annual catch entitlement at the close of registration; and
b: include in the written notice given to the applicant under section 76A(6) paragraph (a)
c: remit to the applicant the difference between the annual deemed value amount previously calculated and the amount recalculated under paragraph (a)
2: For the purpose of section 79(1),—
a: any reduction in the annual deemed value amount owed by an applicant that results from the recalculation under subsection (1)(a) subsection (1)(b)
b: if a fishing permit ceases to be suspended because of the recalculation, the suspension ends no earlier than the date the written notice of the recalculated amount is given.


Gas Amendment Act 2010

1: Title
This Act is the Gas Amendment Act 2010.
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 Gas Act 1992 2010-04-20 Gas Act 1992
4: Application
Section 3
3: Despite subsection (2)(d), that paragraph does not apply in relation to Part 4A and, accordingly, Part 4A applies to any gas used as a feedstock.


1: Title
This Act is the Hazardous Substances and New Organisms Amendment Act 2010.
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 Hazardous Substances and New Organisms Act 1996 2010-04-20 Hazardous Substances and New Organisms Act 1996
4: Interpretation
1: The definition of aerodrome section 2(1)
2: Section 2(1) conditional release approval conditional release approval 38BA .
5: Meaning of term new organism
Section 2A(2)(a)(i) 35 or section
6: Powers, functions, and duties of Authority
Section 11(2) (1)(fb) (1)(fc)
7: Delegation by Authority
1: Section 19(1) whether or not that person is a member of the Authority, delegate to any person,
2: Section 19(1)
b: any power that may be delegated under subsection (2); and .
3: Section 19(2) in writing The Authority may delegate
4: Section 19(2)(a) sections 35, 42, 42A, or 42B sections 35, 38BA 42C
5: Section 19(2)
cb: the power to decide any application under section 28, if it is not publicly notified under section 53(2), to its chief executive: .
6: Section 19(2)(ha) for an approved filler or an approved handler
7: Section 19(3) subsection (2) of
8: Application under section 34 may be treated as application under section 38A
Section 38B , and sections 38A, 38BA
9: New section 38BA inserted
The following section is inserted after section 38B
38BA: Rapid assessment of risk for importation or release of new organisms with controls
1: If the Authority receives an application under section 38A in respect of a new organism (other than a genetically modified organism), the Authority may make a rapid assessment of the adverse effects of importing the organism for release or releasing the organism from containment.
2: The Authority may approve the application and grant a conditional release approval with controls if the Authority is satisfied that—
a: the organism is not an unwanted organism as defined in the Biosecurity Act 1993; and
b: after the controls are imposed, the organism will comply with section 35(2)(b).
10: Determination of applications to import or release new organisms with controls
Section 38C(1) The Authority may approve an application made under section 38A and grant a conditional release approval with controls, but only if the Authority determines that,— If an application made under section 38A is not approved under section 38BA
11: Application for containment approval for new organisms
Section 40
1: Every person intending to import any new organism into containment, or develop or field test any new organism in containment, must apply to the Authority for approval to do so before importing, developing, or field testing the organism.
12: New section 42C inserted
The following section is inserted after section 42B
42C: Rapid assessment of adverse effects for development in containment, etc, of certain new organisms
1: If the Authority receives an application under section 40 in respect of a new organism (other than a genetically modified organism), the Authority may make a rapid assessment of the adverse effects of importing the organism into containment, or of developing or field testing the organism in containment.
2: If the Authority is satisfied that the importation, development, or field testing is low-risk, in accordance with regulations made under subsection (3)
3: The Governor-General may, by Order in Council, make regulations specifying the circumstances in which there is a low risk of adverse effects from—
a: importing a new organism (other than a genetically modified organism) into containment; or
b: developing or field testing a new organism (other than a genetically modified organism) in containment.
13: Determination of application
Section 45(1) section 42 or section 42A or section 42B section 42, 42A, 42B, or 42C
14: Applications required to be publicly notified
1: Section 53(1)
2: Section 53(1)(ab) , if the application has not been approved under section 38BA
3: Section 53
2: The Authority may, if it considers that there is likely to be significant public interest, publicly notify—
a: an application under section 40 in respect of a new organism (other than a genetically modified organism), if the application has not been approved under section 42C
b: an application under section 40 to import into containment or develop in containment a genetically modified organism, if the application has not been approved under section 42, 42A, or 42B; or
c: an application under section 28, if the application has not been approved under section 28A.
15: Time limits and waivers
Section 59(1)(b) 38I, 42, 42A, or 42B 38BA 42C
16: Grounds for reassessment of a substance or organism
Section 62(4)
a: inserting 38BA 32,
b: inserting 42C 42B,
17: Reassessment
Section 63(2)(c) section 45 section 42, 42A, 42B, 42C
18: New section 63B inserted
The following section is inserted after section 63A
63B: Proposal for group standard may be consulted on in same way as reassessment
1: This section applies if the Authority—
a: decides to reassess a hazardous substance under section 63A without publicly notifying the reassessment in accordance with section 53; and
b: proposes to issue, amend, or revoke (under section 96B) a group standard that applies to the hazardous substance, on similar grounds to the grounds for deciding to reassess the substance.
2: The Authority may consult on the following matters, in accordance with section 63A(5), as if they were part of the reassessment:
a: the proposal to issue, amend, or revoke the group standard; and
b: its assessment of the matters referred to in section 96C(1)(h)(ii).
3: If the Authority consults in accordance with subsection (2)
19: Issue of test certificates by test certifiers
1: Section 82(4) , unless a conditional test certificate is issued under subsection (4A) he or she shall
2: Section 82
4A: A test certifier may issue a conditional test certificate for a hazardous substance location if he or she considers, on reasonable grounds, that the failure to meet the relevant requirements for the hazardous substance location is minor and technical in nature.
4B: A conditional test certificate must—
a: specify the requirements that have not been met; and
b: specify the date by which the requirements must be met; and
c: state that the certificate expires on the close of the day specified under paragraph (b)
4C: A conditional test certificate expires on the close of the day specified under subsection (4B)(b) subsection (4B)(a)
4D: In all other respects, a conditional test certificate is a test certificate for the purposes of this Act.
4E: In subsection (4A) hazardous substance location
20: Register of test certificates
1: Section 82A(3) ; and
g: in the case of a conditional test certificate issued for a hazardous substance location,—
i: details of the hazardous substance location; and
ii: the relevant requirements for the hazardous substance location that have not been met; and
iii: the date by which the requirements must be met.
2: Section 82A(4)(c) ; or
v: is necessary to plan for responses to any emergency (as defined in section 46).
3: Section 82A(5)
ba: the chief executive of the New Zealand Fire Service: .
21: Delegation by approved person
Section 82B(1) section 82A(5)(a) and (b) section 82A(5)(a), (b), or (ba)
22: Revocation of test certificates for approved fillers and approved handlers
1: The heading to section 82C for approved fillers and approved handlers
2: Section 82C(1) issued to an approved filler or an approved handler (as the case may be)
3: Section 82C(1) ; or
d: has not met, or continued to meet, any requirement for which the test certificate was issued.
4: Section 82C(9)
23: When group standards may be issued or amended
Section 96C
3: However, the Authority may, on its own initiative, amend a group standard under section 96B without complying with subsections (1) and (2) of this section, if it considers that the amendment is minor in effect or corrects a minor or technical error.
24: Enforcement of Act
Section 97(1)(e) in, on, or at any aircraft or aerodrome in or on any aircraft
25: Enforcement of Act in respect of new organisms
Section 97A
4A: The enforcement agency’s costs of enforcing this Act in respect of new organisms are to be treated as if they were costs of administering the Biosecurity Act 1993, and—
a: may be recovered in accordance with section 135 of that Act; and
b: may be funded by a levy imposed under section 137 of that Act; and
c: may be prescribed, in regulations made under section 165(1)(s) of that Act, as costs that are recoverable.
26: Enforcement of Act in respect of hazardous substances in place of work
Section 97B(3) enforcement agency enforcement agency
a: means the chief executive of the department responsible for the administration of the Health and Safety in Employment Act 1992; and
b: includes, in relation to a particular industry, sector, or type of work, the chief executive of an agency designated under section 28B(1) of that Act to administer that Act for the particular industry, sector, or type of work .
27: Offences
Section 109(2)
28: New sections 109A and 109B inserted
The following sections are inserted after section 109
109A: Time for laying information
1: An information in respect of an offence against this Act that relates to a hazardous substance may be laid by any person at any time within 6 months after the earlier of—
a: the date when the incident, situation, or set of circumstances to which the offence relates first became known to the person; or
b: the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to the person.
2: An information in respect of an offence against this Act that relates to a new organism may be laid by any person at any time within 2 years after the time when the matter of the information arose.
3: Subsection (1) section 109B
109B: Extension of time for laying information
1: The District Court may, on application by any person, extend the time for the person to lay an information under section 109A(1)
2: The application must be made within the 6-month period that applies to the person under section 109A(1)
3: The court must not grant an extension unless it is satisfied that—
a: the person reasonably requires longer than the 6-month period to decide whether to lay an information; and
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
c: it is in the public interest in the circumstances that an information is able to be laid after the 6-month period expires; and
d: laying the information after the 6-month period expires will not unfairly prejudice the proposed defendant in defending the charge.
4: The court must give the following persons an opportunity to be heard:
a: the person seeking the extension:
b: the proposed defendant.
29: Strict liability and defences
Section 117
4: It is a defence to prosecution for any offence specified in section 109(1)(e)(ii) or (iii) that, at the time of the alleged offence, the defendant was the holder of a conditional test certificate issued under section 82(4A)
a: specified, as requirements that had not been met, the controls that it is alleged that the defendant failed to comply with; and
b: had not expired under section 82(4C)
30: Incorporation of material by reference
1: Section 141A(1)
a: standards, requirements, or recommended practices of national or international organisations:
ab: standards, requirements, or recommended practices prescribed in any country or jurisdiction or by any group of countries: .
2: Section 141A
3: Material has legal effect as part of the regulations, group standard, notice of transfer, or code of practice in which the material is incorporated by reference.
3: Section 141A(4)
31: New sections 141B to 141I inserted
The following sections are inserted after section 141A
141B: Amendment to, or replacement of, material incorporated by reference
1: An amendment to, or replacement of, material has legal effect as part of the regulations, group standard, or code of practice in which the material is incorporated by reference only if a notice is published in the Gazette
a: stating that the amendment or replacement has that effect; and
b: specifying the date of the notice, or a later date, as the date on which the amendment or replacement has that effect.
2: The following person may publish the notice:
a: the Minister, in the case of material incorporated in regulations; or
b: the Authority, in the case of material incorporated in a group standard or code of practice.
3: The notice must not be published unless the amendment or replacement material is of the same general character as the material amended or replaced.
4: An amendment to, or replacement of, material does not have legal effect as part of a notice of transfer in which the material is incorporated by reference.
141C: Proof of material incorporated by reference
1: A copy of material that is incorporated by reference in regulations, including any amendment to, or replacement of, that material, must be—
a: certified as a correct copy of the material by the chief executive of the Ministry for the Environment; and
b: retained by that chief executive or the chief executive of the Authority.
2: A copy of material that is incorporated by reference in a group standard, notice of transfer, or code of practice, including any amendment to, or replacement of, that material, must be—
a: certified as a correct copy of the material by the chief executive of the Authority; and
b: retained by that chief executive.
3: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of that material in the regulations, group standard, notice of transfer, or code of practice.
141D: Material incorporated by reference that ceases to have effect
1: If material ceases to have effect, it ceases to have legal effect as part of the regulations, group standard, or code of practice in which the material is incorporated by reference only if a notice is published in the Gazette
a: stating that the material ceases to have that effect; and
b: specifying the date of the notice, or a later date, as the date on which the material ceases to have that effect.
2: The following person may publish the notice:
a: the Minister, in the case of material incorporated in regulations; or
b: the Authority, in the case of material incorporated in a group standard or code of practice.
3: Material that ceases to have effect does not cease to have legal effect as part of a notice of transfer in which the material is incorporated by reference.
141E: Notice must be provided to committee responsible for examining regulations
If a notice is published in the Gazette section 141B or 141D
a: the chief executive of the Ministry for the Environment, in the case of material incorporated in regulations; or
b: the chief executive of the Authority, in the case of material incorporated in a group standard.
141F: Requirement to consult on proposal to amend or replace material incorporated by reference
1: The Minister must comply with subsection (2) Gazette section 141B
2: The Minister must notify and consult on the proposed amendment to, or replacement of, material in accordance with section 141 (with all necessary modifications) as if the proposed amendment or replacement were a proposed Order in Council.
3: The chief executive of the Authority must comply with subsection (4) Gazette section 141B
4: The chief executive must notify and consult on the proposed amendment to, or replacement of, material,—
a: in the case of a group standard, in accordance with sections 53 to 61 (with all necessary modifications) as if the proposed amendment or replacement were an application under section 96B to amend a group standard; or
b: in the case of a code of practice, in accordance with section 79(2) and (3) (with all necessary modifications) as if the proposed amendment or replacement were a code proposed for approval.
5: A failure to comply with this section does not invalidate regulations that incorporate material by reference or a group standard or code of practice that incorporates material by reference.
141G: Access to material incorporated by reference in regulations
1: This section applies if material is incorporated by reference in regulations.
2: The chief executive of the Ministry for the Environment must—
a: make the material referred to in subsection (5) incorporated material
i: the head office of the Ministry; and
ii: any other places that the chief executive may, at his or her discretion, determine are appropriate; and
b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and
c: make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Ministry, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
d: give notice in the Gazette
i: stating that the incorporated material is available for inspection during working hours, free of charge, and specifying the places at which it can be inspected; and
ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased; and
iii: if applicable, stating that the incorporated material is available on the Internet, free of charge, and specifying the Internet site address.
3: The chief executive—
a: may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) Gazette
4: The chief executive may comply with subsection (2)(c)
5: The material is—
a: material incorporated by reference in regulations:
b: any amendment to, or replacement of, that material that is incorporated in the regulations, or the material referred to in paragraph (a)
c: if the material referred to in paragraph (a) or (b)
6: A failure to comply with this section does not invalidate regulations that incorporate material by reference.
141H: Access to material incorporated by reference in group standard, notice of transfer, or code of practice
1: This section applies if material is incorporated by reference in a group standard, notice of transfer, or code of practice.
2: The chief executive of the Authority must—
a: make the material referred to in subsection (3) incorporated material
b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and
c: give notice in the Gazette
i: stating that the incorporated material is available for inspection free of charge and specifying the places at which it can be inspected; and
ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased.
3: The material is—
a: material incorporated by reference in a group standard, notice of transfer, or code of practice:
b: any amendment to, or replacement of, that material that is incorporated in the group standard or code of practice, or the material referred to in paragraph (a)
c: if the material referred to in paragraph (a) or (b)
4: A failure to comply with this section does not invalidate a group standard, notice of transfer, or code of practice that incorporates material by reference.
141I: Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
1: The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in regulations, group standards, notices of transfer, or codes of practice, or to an amendment to, or replacement of, that material.
2: The Regulations (Disallowance) Act 1989 applies to regulations, group standards, and notices of transfer that incorporate material by reference, but does not apply to codes of practice that incorporate material by reference.
3: However, nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material (including an amendment to, or replacement of, that material) that is incorporated by reference in regulations, group standards, or notices of transfer to be presented to the House of Representatives.
32: Additional matters to be included in statement of intent
Section 147(3)
33: Additional reporting requirements
Section 148(b)
34: Transitional provision for applications
1: This section applies to an application under section 28 34 38A 40
2: The application must be dealt with as if this Act had not been enacted.
35: Transitional provision for reassessment of hazardous substance
1: This section applies if, before the commencement of this Act,—
a: the Authority decided to reassess a hazardous substance under section 63A
b: the Authority proposed to issue, amend, or revoke, under section 96B
2: The decision and proposal must be dealt with as if this Act had not been enacted.
36: Transitional provision for aerodromes
Anything done, before the commencement of this Act, in enforcing the principal Act in relation to an aerodrome may be completed as if this Act had not been enacted.
37: Transitional provision for cost recovery
1: This section applies to any costs of enforcing the principal Act in respect of a new organism incurred by the enforcement agency (as defined by section 97A
2: The costs—
a: must be dealt with as if this Act had not been enacted, if they were incurred before the commencement of this Act; or
b: may be recovered in accordance with the principal Act as amended by this Act, if they were incurred on or after the commencement of this Act, regardless of when the enforcement to which the costs relate occurred.
38: Transitional provision for
filing charging document
1: Subsection (2) applies to a charge
2: The charging document must be filed
a: as if this Act had not been enacted, if the incident, situation, or set of circumstances to which the offence relates occurred before the commencement of this Act; or
b: in accordance with the principal Act as amended by this Act in all other cases.
3: Subsection (4) applies to a charge
4: The charging document must be filed
a: as if this Act had not been enacted, if the offence was committed
b: in accordance with the principal Act as amended by this Act in all other cases. Section 38 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(4)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011


Reserves Amendment Act 2010

1: Title
This Act is the Reserves Amendment Act 2010.
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 Reserves Act 1977 2010-04-20 Reserves Act 1977
4: Licences to occupy reserves temporarily
Section 74(4) 5 10
5: Transitional provision for application for licence
1: This section applies to an application made before the commencement of this Act for a licence under section 74
2: The application must be dealt with—
a: as if this Act had not been enacted if, before the commencement of this Act, public notice of the proposed licence was given under section 74(3)
b: in accordance with the principal Act as amended by this Act in all other cases.


1: Title
This Act is the Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010.
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 Ministry of Agriculture and Fisheries (Restructuring) Act 1995 2010-04-20 Ministry of Agriculture and Fisheries (Restructuring) Act 1995
4: Section 18 repealed
Section 18
5: Section 19 repealed
Section 19
6: Consequential amendments to Fisheries Act 1996
1: This section amends the Fisheries Act 1996
2: Section 268(1)
a: the person is liable to pay a levy imposed under section 264; and .
3: Section 268(1)(b) or additional amount
4: Section 268(1)
c: payment of the outstanding levy has not been waived under section 267(2).
5: Section 268(3)(a) (including an additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995)
6: Section 269(1)
a: the person is liable to pay a levy imposed under section 264; and .
7: Section 269(1)(b) or additional amount
8: Section 269(1)
c: payment of the outstanding levy has not been waived under section 267(2).
9: Section 269(6)(a) (including any additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995) 2010-04-20 Fisheries Act 1996
7: Consequential amendment to Pork Industry Board Act 1997
1: This section amends the Pork Industry Board Act 1997
2: Section 37
6: All levy money received by the Director-General must be accounted for in full to the Board, subject to section 17(2) and (3) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997. 2010-04-20 Pork Industry Board Act 1997
8: Transitional provision
Any amount that is payable under section 18 this Act