Game Animal Council Act 2013

1: Title
This Act is the Game Animal Council Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary and key provisions
1: Preliminary provisions
3: Purposes
The purposes of this Act are—
a: to establish the Game Animal Council and provide for its functions; and
b: to create powers for the Minister to manage herds of special interest; and
c: to allow the Minister to delegate his or her powers to the Council; and
d: to provide for fees and levies to fund the Council and its functions.
4: Interpretation
1: In this Act, unless the context otherwise requires,— conservation board section 6L Council section 6 Crown entity section 7 Customs has the meaning given to it in section 5(1) Customs officer Customs and Excise Act 2018 Director-General enforcement officer
a: a constable; or
b: a person appointed under clause 1(1) game animal
a: means—
i: any chamois, deer, or tahr:
ii: any pig that is living in a wild state and is not being herded or handled as a domestic animal or kept within an effective fence or enclosure for farming purposes; and
b: includes the whole or any part of the carcass of the animal game trophy—
a: means any part of a chamois, deer, tahr, or pig that is a hunting souvenir; but
b: does not include—
i: velvet or velvet antlers:
ii: the hide of a deer game trophy export levy
a: payable for the export of a game trophy; and
b: imposed by regulations made under section 34 government department section 5 herd of special interest section 16 honorary enforcement officer clause 2(1) Minister New Zealand Conservation Authority section 6A overriding considerations
a: the welfare and management of public conservation land and resources generally:
b: any statement of general policy that is made, or has effect as if it were made, under—
i: section 17B
ii: section 44
iii: section 15A
iv: section 14C
c: any conservation management strategy made under section 17D
d: any conservation management plan made under—
i: section 17E
ii: section 40B
e: any management plan made under—
i: section 47
ii: section 41
f: any wild animal control plan made under section 5
g: any pest management strategy, pest management plan, pathway management plan, or operational plan made under the Biosecurity Act 1993 public conservation land
a: held, managed, or administered by the Department of Conservation under the Conservation Act 1987 Schedule 1
b: owned by the Crown regional council
a: means a regional council within the meaning of section 5(1)
b: includes a unitary authority within the meaning of section 5(1)
2: Unless the context otherwise requires, terms used and not defined in this Act but defined in the Wild Animal Control Act 1977 Section 4(1) Customs amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4(1) government department replaced 7 August 2020 section 135 Public Service Act 2020
5: Act binds the Crown
This Act binds the Crown.
2: Game Animal Council
6: Establishment of Council
1: The Game Animal Council is established as a body corporate with perpetual succession.
2: The Council is legally separate from its members, its employees, and the Crown.
3: For the purpose of performing its functions, the Council has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
4: Subsection (3) is subject to this Act, any other enactment, and the general law.
7: Functions of Council
1: The Council has the following functions in relation to game animals:
a: to advise and make recommendations to the Minister:
b: to provide information and education to the hunting sector:
c: to promote safety initiatives for the hunting sector, including firearms safety:
d: to advise private landowners on hunting:
e: to develop, on its own initiative or at the direction of the Minister, voluntary codes of practice for hunting:
f: to raise awareness of the views of the hunting sector:
g: to liaise with hunters, hunting organisations, representatives of tangata whenua, local authorities, landowners, the New Zealand Conservation Authority, conservation boards, and the Department of Conservation to improve hunting opportunities:
h: to conduct research, including research on the hunting of game animals:
i: in respect of herds of special interest for which the Minister has delegated management powers under section 20
i: to undertake management functions that are compatible with the management of public conservation land and resources generally; and
ii: to exercise its powers for the effective management of the herd:
j: to operate voluntary certification schemes for professional hunting guides and game estates:
k: to promote minimum standards and codes of conduct for certified hunting guides and game estates:
l: to investigate complaints and take disciplinary action in relation to certified hunting guides and game estates:
m: to provide any other services to hunters that the Minister is satisfied are ancillary to the Council's other functions:
n: to perform any other functions conferred on it under this Act or any other enactment:
o: to assess the costs of managing herds of special interest and make recommendations to the Minister on ways to recover those costs.
2: In performing functions other than the functions in subsection (1)(a) and (f), the Council must have regard to any views expressed in writing by the Minister to the Council.
8: Council membership
1: The Minister must appoint no fewer than 9, and no more than 11, persons as members of the Council.
2: The Minister must appoint members to the Council who the Minister considers have, collectively, knowledge of, and experience in relation to, matters relevant to the functions of the Council.
3: Knowledge and experience that are relevant include knowledge of, and experience relating to,—
a: in the case of game animals,—
i: recreational hunting:
ii: commercial hunting:
iii: deer farming:
iv: safari park operations:
v: meat processing and exporting:
vi: hunting-related tourism:
vii: Māori hunting interests:
viii: research on hunting in New Zealand:
b: farming generally:
c: forestry:
d: kaitiakitanga (being guardianship of natural and physical resources in accordance with tikanga Māori):
e: nature conservation:
f: scientific disciplines.
4: Before appointing a member to the Council, the Minister must publish a notice—
a: stating the number of appointments the Minister intends to make; and
b: calling for nominations to be sent to the Minister; and
c: stating a date after which the Minister may decline to accept nominations, being a date not less than 28 days after the date of first publication of the notice.
5: The notice—
a: must be published at least twice in a daily newspaper circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
b: may be published in any other media, and on any other occasions, that the Minister thinks appropriate.
6: An appointment of a member of the Council—
a: must be made by notice in the Gazette
b: takes effect from the date of the notice, or a later date specified in the notice.
7: The Council's powers are not affected by any vacancy in its membership.
9: Restriction on membership
An employee of the Department of Conservation must not be appointed to the Council.
10: Terms of office of Council members
1: A member of the Council holds office for a term, not exceeding 3 years, that the Minister specifies in the notice of appointment under section 8(6)
2: The Minister may remove a member from office at any time for—
a: bankruptcy; or
b: inability to perform the functions of the office; or
c: neglect of duty; or
d: misconduct.
3: A member may, at any time, resign from office by giving written notice to the Minister.
4: Except where a member dies, resigns, or is removed from office, the member continues in office after the expiry of his or her term until the member is reappointed or a successor is appointed.
5: If any member of the Council dies, resigns, or is removed from office, the Minister may fill the vacancy created—
a: in the manner provided in section 8
b: by appointing a person, in accordance with section 8(6) section 8(4)
6: A person may not serve as a member of the Council for more than 6 consecutive years and a period of 3 years must elapse following the end of that period before the person is again eligible to be a member.
7: A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
11: Remuneration and expenses
Members of the Council are entitled to receive from the Council, in accordance with the fees framework referred to in section 10
a: remuneration for services as a member at a rate and of a kind determined by the Minister:
b: reimbursement for actual and reasonable travelling and other expenses incurred in performing functions and duties as a member.
12: Chairperson of Council
1: The Minister must, by notice in the Gazette
2: The Minister must appoint as chairperson a member of the Council whom the Minister considers has the appropriate management and conflict resolution skills to chair the Council.
3: If there is a vacancy in the office of chairperson, the members may elect one of their number to act as chairperson until an appointment is made under subsection (1).
4: The chairperson must preside at all meetings of the Council at which the chairperson is present.
5: If the chairperson is absent from a meeting of the Council, the members present must appoint one of their number to chair the meeting.
13: Meetings of Council
1: Meetings of the Council may be held at the times and places that the Council or the chairperson appoints.
2: A special meeting must be called by the chairperson whenever 3 or more members, in writing, request a meeting.
3: A meeting of the Council may only be held if a quorum of the members is present at the time and place appointed for the meeting.
4: A majority of the members in office forms a quorum.
5: At any meeting of the Council,—
a: decisions may be made by a simple majority of members present and voting on the matter; and
b: the chairperson of that meeting has a deliberative vote and a casting vote; and
c: proper minutes must be kept of proceedings.
6: Part 7
7: Subject to the provisions of this Act, the Council may regulate its procedure in any manner it thinks fit.
8: The Council must notify the Minister of the adoption of any procedure as soon as is reasonably practicable after it is adopted.
9: The Council must make its procedures available for inspection free of charge to any person.
14: Minister and Director-General entitled to attend meetings of Council
1: The Council or the chairperson must give no less than 7 days' notice to the Minister and the Director-General of—
a: every meeting of the Council; and
b: the proposed business to be transacted at that meeting.
2: The notice—
a: must be in writing, and state the time and place of the meeting; and
b: may be given by post, delivery, email, or other electronic communication.
3: The Minister and the Director-General (or the Minister's or Director-General's nominee) are entitled to attend and speak at any meeting of the Council, but are not entitled to vote on any question.
4: Any other Minister of the Crown may nominate a representative who is entitled to attend any meeting of the Council.
5: This section applies despite anything to the contrary in Part 7
15: Members not personally liable
A member of the Council is not personally liable for any act done or omitted to be done in good faith in the performance or exercise or intended performance or exercise of the functions or powers of the Council.
3: Herds of special interest
16: Minister may designate herds of special interest
1: The Minister may, by notice
a: the Minister considers that—
i: the animals are of special interest to hunters; and
ii: the animals can be managed for hunting purposes; and
iii: management of the animals for hunting purposes is consistent with the overriding considerations; and
b: the Minister has regard to—
i: the purposes of the Wild Animal Control Act 1977
ii: the status of the land, particularly the designation of the land as a conservation area, national park, or reserve; and
iii: the overriding considerations; and
c: a herd management plan has been made for the herd under section 19
2: In determining whether a species of game animal is of special interest to hunters and can be managed for hunting purposes, the Minister must have regard to the advice, if any, of—
a: the Minister for Primary Industries; and
b: the Council; and
c: the Department of Conservation; and
d: any relevant regional council; and
e: the New Zealand Conservation Authority; and
f: any relevant conservation board; and
g: any representative organisations that the Minister considers appropriate.
3: The notice under subsection (1) must specify—
a: the species of game animal that constitutes the herd; and
b: the specified area of public conservation land where the animals are located; and
c: the date from which the designation takes effect; and
d: the reasons why the Minister considers the animals to be of special interest to hunters; and
e: the expected benefits to be gained by managing the animals for hunting purposes.
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 16(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Ownership of herds of special interest
1: A game animal that is part of a herd of special interest—
a: is the property of the Crown; but
b: if it is lawfully killed pursuant to this Act, ceases to be the property of the Crown and becomes the property of the person who has lawfully killed it.
2: This section does not impose any obligation or liability on the Crown for any damage done by any game animal that is part of a herd of special interest.
18: Minister's powers
1: The Minister may do any or all of the following for the purpose of managing herds of special interest, and game animals that are part of a herd of special interest:
a: issue authorisations for hunting, subject to any terms that the Minister thinks fit:
b: determine who may receive authorisations, whether by balloting or otherwise:
c: cancel or suspend authorisations (for breaches of the terms or conditions of hunting, or otherwise):
d: specify , by notice,
e: capture, convey, or liberate the animals:
f: carry out surveys and other assessments regarding the animals and the means of managing them:
g: prepare publications relating to the animals and their management:
h: collect and disseminate information relating to the animals and their management:
i: promote standards (including behavioural and industry standards) for game animal hunting and game animal management:
j: authorise or carry out operations for managing and controlling the size of the population, including the payment of bounties, grants, or subsidies.
2: The Minister must not specify a condition under subsection (1)(d) without first consulting with the Director-General and any persons or representative organisations that the Minister considers appropriate.
3: A notice under subsection (1)(d)—
a: is secondary legislation ( see Part 3
b: despite section 26 1977 No 111 s 5 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(1)(d) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
19: Herd management plans
1: The Minister must make a herd management plan for any herd of special interest ( herd management plan
2: The Minister may make a herd management plan for any game animals that the Minister proposes to designate as a herd of special interest.
3: The purpose of a herd management plan is to set out objectives and strategies for the management of a herd of special interest to achieve the expected benefits provided for under section 16(3)(e)
4: Herd management plans must be consistent with the overriding considerations.
5: Before making or amending a herd management plan, the Minister must—
a: publish a notice of his or her intention—
i: in the Gazette
ii: in each of the daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin; and
b: make a copy of the draft plan available to any person on request; and
c: give interested persons a reasonable time to make submissions on the draft plan; and
d: consult—
i: the Minister for Primary Industries; and
ii: the Council; and
iii: the Director-General; and
iv: any relevant regional council; and
v: the New Zealand Conservation Authority; and
vi: any relevant conservation board; and
vii: any other person that the Minister considers appropriate.
6: Herd management plans must be reviewed at intervals of not more than 5 years.
7: A herd management plan binds the Council.
8: A herd management plan does not restrict or affect the exercise of a legal right or power by any person unless that person agrees to be bound.
9: To avoid doubt, subsection (8) does not affect any power to make any statement, strategy, or plan in paragraphs (b) to (e) of the overriding considerations
20: Delegation of Minister's powers to Council
1: The Minister may delegate in writing to the Council all or any of his or her powers under section 18 section 18(1)(e)
2: The Council may exercise any powers delegated under this section, subject to any general or special directions given or conditions attached by the Minister, in the same manner and with the same effect as if the powers had been conferred directly by this section and not by delegation.
3: Every delegation made under this section is revocable in writing at will.
4: No delegation made under this section prevents the exercise of any power by the Minister.
5: Every delegation made under this section continues in force until it is revoked, despite the fact that the Minister who made it has ceased to hold office, and the delegation continues to have effect as if made by his or her successor in office.
6: The Minister must not delegate any power under this section to the Council unless the Minister—
a: first consults—
i: the Director-General; and
ii: the New Zealand Conservation Authority; and
iii: any conservation board having jurisdiction over land affected by the delegation; and
b: is satisfied that management by the Council (of the herd to which the delegation relates)—
i: is consistent with the overriding considerations; and
ii: will improve the management of the herd. 1977 No 111 s 6
21: Notification and exercise of delegated powers
If the Minister delegates any powers specified in section 18
a: the Minister must publish a notice in the Gazette
b: the Council must exercise the powers that have been delegated—
i: consistently with the overriding considerations; and
ii: in accordance with the terms of the delegation.
4: Game trophy export levy
22: Person must pay game trophy export levy
A person must not export a game trophy from New Zealand that is a souvenir of an animal hunted and killed in New Zealand on or after the day this Act comes into force unless the person pays to the Council the game trophy export levy prescribed (if any) in respect of that trophy.
23: Export levies payable to Council
1: Game trophy export levies are payable to the Council and the funds received form part of the Council's funds.
2: Any unpaid game trophy export levy is recoverable as a debt owed to the Council in a court of competent jurisdiction.
3: Before bringing any proceedings to recover a debt under subsection (2), the Council must write to the exporter at his or her last known address and give the exporter not less than 10 working days to pay the amount in full.
4: Payment of a debt under this section is not admissible as evidence in a prosecution for an offence under section 29
24: Customs officer may detain game trophies
1: A Customs officer may detain any goods that he or she has reasonable grounds to suspect is a game trophy whose exportation is prohibited by section 22
2: The Customs officer may, in detaining the goods, use any reasonably necessary force.
3: A game trophy detained under subsection (1) cannot be seized or forfeited under subpart 9
4: The chief executive of Customs may, at any time before the goods are forfeited, deliver the goods to the owner or other person from whom they were seized on production of proof of payment of prescribed game trophy levy.
5: Customs must transfer any condemned game trophy to the Council to be dealt with under section 25
6: Section 189(2) Section 24(3) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 24(6) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
25: Disposal of condemned game trophies
1: The Council may destroy, sell, or otherwise dispose of any game trophy transferred under section 24(5)
2: The Council must not sell or dispose of any game trophy to any member or employee of the Council or any of his or her immediate family members.
3: Any funds from any sale or other disposition of any game trophy form part of the Council's funds.
26: Customs to provide information about game trophies
1: The Council may make a request in writing to the chief executive of Customs to provide information Customs holds about the export of suspected game trophies in order to enable the Council to—
a: determine compliance with the requirement in section 22
b: recover unpaid game trophy export levies.
2: The information that Customs may provide under subsection (1)
a: the full name and contact details of the exporter:
b: a description of the goods exported:
c: the stated value of the goods:
d: the date the goods were exported:
e: any other information that is reasonably necessary for the purposes specified in subsection (1)
3: The chief executive of Customs may, but need not, provide the information to the Council.
4: The Council may use the information obtained only for the purposes specified in subsection (1)
5: The Council must, within 20 working days after receiving it, destroy any information that it has obtained under this section that is not necessary for the purpose of recovering any game trophy export levy.
6: No request may be made to, or information provided by, Customs under this section unless there is a current memorandum of understanding between the Council and Customs that—
a: relates to the provision, storage, and destruction of information in a manner that is consistent with the Privacy Act 2020
b: contains requirements for reviewing the effectiveness of the information sharing.
7: The Council must provide details in its annual reports on the operation of information sharing under this section. Section 26(6)(a) amended 1 December 2020 section 217 Privacy Act 2020
5: Codes of practice for hunting
27: Compliance with codes of practice condition of concession, permit, or authorisation
Compliance with codes of practice made by regulations under this Act is a condition of every existing or new—
a: concession granted under section 22
b: hunting permit issued under section 38
c: authorisation to hunt given under—
i: this Act:
ii: section 50
iii: section 8
28: Code of practice for aerial hunting
1: The Council must, by 15 December 2014,—
a: develop an initial code of practice for aerially assisted trophy hunting that addresses the following:
i: hunting and shooting from helicopters; and
ii: hazing of animals during aerially assisted trophy hunting; and
iii: herding of animals for the purpose of aerially assisted trophy hunting; and
iv: any other matter the Council considers appropriate; and
b: present a copy of the code to the Minister.
2: In this section, hazing
2: Miscellaneous provisions
1: Offences and penalties
29: Export of game trophies
1: A person commits an offence if the person exports, or attempts to export, a game trophy without paying the prescribed game trophy levy.
2: A person who commits an offence against this section is liable on Section 29(2) amended 1 July 2015 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2015
30: Hunting or killing animals in herd of special interest
1: A person commits an offence who hunts or kills any game animal that is part of a herd of special interest without—
a: an authorisation, a licence, or a permit issued for the purpose under this Act or any other Act; or
b: complying with the terms of any such authorisation, licence, or permit.
2: A person commits an offence who hunts or kills any game animal that is part of a herd of special interest without complying with a condition specified under section 18(1)(d)
3: A person who commits an offence against subsection (1)
4: A person who commits an offence against subsection (2) Section 30(3) amended 1 July 2015 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2015 Section 30(4) amended 1 July 2015 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2015
31: Capturing, conveying, or possessing game animal that is part of herd of special interest
1: A person commits an offence who, without the Minister's written authority, captures, conveys, or has in his or her possession any live game animal that is part of a herd of special interest.
2: A person who commits an offence against this section is liable on Section 31(2) amended 1 July 2015 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2015
32: Restrictions on liberation of game animal that is part of herd of special interest
1: A person commits an offence who, without the Minister's written authority, liberates any game animal that is part of a herd of special interest or allows any game animal that is part of a herd of special interest to escape.
2: A person who commits an offence against this section is liable on Section 32(2) amended 1 July 2015 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2015
33: Failing to produce authorisation, licence, or permit
1: A person commits an offence who—
a: is stopped by an enforcement officer or honorary enforcement officer who observes the person hunting or killing animals in a herd of special interest; and
b: fails, within 5 working days, to produce an authorisation, a licence, or a permit issued for the purpose under this Act or any other Act after being requested to do so by an enforcement officer or honorary enforcement officer.
2: A person who commits an offence against this section is liable on Section 33(2) amended 1 July 2015 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2015
2: Other matters
34: Funding regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, for the purposes of funding services provided, powers exercised, or functions performed by the Council under this Act, make regulations prescribing any or all of the following fees or levies payable to the Council:
a: fees for hunting any animal that is part of a herd of special interest:
b: game trophy export levies.
2: Regulations made under subsection (1)(b)
a: may impose different rates of levies for different classes of game trophies; and
b: may exempt the payment of levies in respect of export to any country or countries; but
c: must be consistent with New Zealand’s international obligations.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Minister’s recommendation
Before making a recommendation under section 34
a: determine, in consultation with the Minister of Finance, the amount that the Minister considers reasonable to raise by hunting fees, or game trophy levies (as the case may be), having regard to—
i: the Council's financial statements; and
ii: the Council's forecast budget or budgets; and
iii: any income the Council is likely to receive from sources other than levies; and
iv: the likely impact of the fees or levies on the affected persons, goods, and industries; and
b: publish a notice of his or her intention to recommend a levy—
i: in the Gazette
ii: in each of the daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin; and
c: make details of the proposed fee or levy available to any person on request; and
d: give interested parties a reasonable time, which must be specified in the notice, to make submissions on the proposal; and
e: consult the Council; and
f: consult any other persons, representative groups, government departments, and Crown entities that the Minister in each case considers appropriate.
36: Other regulations
1: The Governor-General may, by Order in Council, also make regulations for any or all of the following purposes:
a: prescribing forms for the purposes of this Act:
b: prescribing administrative fees and charges for the purposes of this Act:
c: prescribing codes of practice for hunting game animals for the purpose of section 27
d: prescribing requirements for voluntary certification schemes for professional hunting guides and game estates:
e: providing for any matter that is reasonably contemplated by this Act as necessary—
i: for giving it full effect; or
ii: for its administration.
2: Regulations under subsection (1)(b) may prescribe that fees are to be payable to the Council.
3: Regulations may be made under subsection (1)(c) only on the recommendation of the Minister, given after—
a: the Minister is satisfied that the code will be consistent with—
i: the purposes of the Wild Animal Control Act 1977
ii: the overriding considerations; and
b: the Minister has had regard to—
i: the likely effects of the code on hunting generally or on any group of hunters or any hunting sector specifically; and
ii: New Zealand's reputation as a hunting destination for international tourists.
4: Regulations under subsection (1)(d) may, in relation to certified persons, prescribe—
a: minimum standards:
b: codes of conduct:
c: complaints and disciplinary processes.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 36(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Fees and levies payable to Council
If fees or levies are payable to the Council,—
a: the funds received form part of the Council's funds; and
b: any unpaid fee or levy is recoverable as a debt owed to the Council in a court of competent jurisdiction.
38: Enforcement officers and honorary enforcement officers
The provisions of Schedule 1
39: Relationship of this Act with other enactments
This Act does not affect the exercise of the Minister's, or the Director-General's, powers under any other Act.
40: Review of operation of Act
1: The Minister must, not later than 3 years after the commencement of this section,—
a: review the operation of this Act; and
b: prepare a report on the review.
2: The report must include recommendations on whether any amendments to the Act are necessary or desirable.
3: As soon as practicable after receiving the report, the Minister must present a copy of that report to the House of Representatives.
41: Consequential amendments
1: The Public Finance Act 1989 Schedule 2
2: The enactments specified in Schedule 3 2013-11-28 Public Finance Act 1989 Animal Welfare Act 1999 Biosecurity Act 1993 Conservation Act 1987 Local Government Official Information and Meetings Act 1987 Official Information Act 1982 Ombudsmen Act 1975 Public Audit Act 2001 Wild Animal Control Act 1977


1: Title
This Act is the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013.
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 amends the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 principal Act 2013-11-28 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003
1: Amendments to main provisions
4: Section 3 amended (Purpose)
1: In section 3(b) ngā tikanga Māori ōna tikanga
2: Replace section 3(c)
c: the transfer of spectrum management rights to Te Pūtahi Paoho:
ca: the management of the transferred spectrum management rights and related spectrum licences in a manner that ensures that the Service has the opportunity to establish a free-to-air digital terrestrial television network for the purpose of performing its functions: .
5: Section 5 amended (Outline of Act)
1: In section 5(3) 4 subparts 5 subparts
2: In section 5(3)(b) ngā tikanga Māori ōna tikanga
3: After section 5(3)(b)
ba: subpart 2A
i: the transfer of the spectrum management rights by the Crown to Te Pūtahi Paoho; and
ii: the use and exercise of those rights; and
iii: the issuing of spectrum licences to the Service for the purpose of establishing a digital terrestrial television network to protect and promote te reo Māori me ōna tikanga; and
iv: the issuing of spectrum licences to licensees other than the Service: .
6: Section 6 amended (Interpretation)
In section 6 broadcasting broadcast delivery platform digital terrestrial television network ōna tikanga .
7: Section 8 replaced (Functions of Service)
Replace section 8
8: Functions of Service
1: The principal function of the Service is to contribute to the protection and promotion of te reo Māori me ōna tikanga through the provision, in te reo Māori and English, of a high-quality, cost-effective television service that informs, educates, and entertains viewers, and enriches New Zealand's society, culture, and heritage.
2: The Service must also—
a: ensure that during prime time it broadcasts mainly in te reo Māori; and
b: ensure that at other times it broadcasts a substantial proportion of its programmes in te reo Māori; and
c: ensure that, in its programming, the Service has regard to the needs and preferences of—
i: young people; and
ii: children participating in te reo Māori immersion education; and
iii: all persons learning te reo Māori; and
iv: persons whose first language is te reo Māori and persons with a high level of proficiency in te reo Māori; and
d: provide broadcast services that are technically available throughout New Zealand and practicably accessible to as many people as is reasonably possible.
3: The Service may undertake other functions that contribute to the protection and promotion of te reo Māori.
4: In performing its functions, the Service may provide a range of content and services on a choice of delivery platforms.
8: Section 15 amended (Functions of Te Pūtahi Paoho)
Replace section 15(e)
e: to safeguard the UHF right in accordance with section 23; and
f: to manage spectrum management rights in accordance with subpart 2A
9: New section 20A inserted (Expiry of subpart 2)
In Part 2
20A: Expiry of subpart 2
This subpart expires and is repealed at the close of 30 November 2013.
10: New subpart 2A inserted
After section 24
2A: Provisions relating to spectrum management rights
Transfer of spectrum management rights to Te Pūtahi Paoho
24A: Interpretation
In this subpart, unless the context otherwise requires,— manager Secretary for Radiocommunications spectrum licence spectrum management rights section 24B(1)(a)
24B: Transfer of spectrum management rights
1: Before 1 December 2013, the responsible Ministers must—
a: direct the Secretary for Radiocommunications to, and the Secretary must, transfer from the Crown to Te Pūtahi Paoho management rights to two 8 MHz ultra high frequency ranges, within the limits of 502 to 694 MHz, for the period from 1 December 2013 to 30 November 2033; and
b: execute a deed setting out the terms and conditions under which Te Pūtahi Paoho must exercise the spectrum management rights.
2: The deed may be modified by written agreement between the responsible Ministers, on behalf of the Crown, and Te Pūtahi Paoho.
3: The responsible Ministers must consult the Minister responsible for the administration of the Radiocommunications Act 1989 before—
a: executing the deed under subsection (1)(b)
b: modifying the deed under subsection (2)
4: The deed may, by agreement, provide that if Te Pūtahi Paoho breaches 1 or more specified terms or conditions (a serious breach), the responsible Ministers may require Te Pūtahi Paoho to transfer the spectrum management rights to the Crown, and in such a case Te Pūtahi Paoho must transfer the spectrum management rights as required by the responsible Ministers.
24C: Aggregation of management rights
1: This section applies if—
a: the Secretary for Radiocommunications has filed a notice of transfer under the Radiocommunications Act 1989 directing the Registrar or Deputy Registrar of Radio Frequencies to transfer the rights referred to in section 24B(1)(a)
b: those rights consist of successive records of management rights.
2: The Registrar or Deputy Registrar of Radio Frequencies must aggregate those rights, on the application of the Secretary for Radiocommunications, if—
a: the records of management rights have—
i: the same power floors; and
ii: the same protection limits; and
iii: the same adjacent frequencies emission limits; and
iv: the same conditions applying to spectrum licences created in relation to those records; and
b: the commencement date of the successive record or records is no more than 1 day after the expiry date of the preceding record or records.
3: In subsection (2) adjacent frequencies emission limit power floor protection limit record of management rights 1989 No 148 s 47A
24D: Management of spectrum management rights
1: The manager must manage the spectrum management rights in a manner that enables the Service to perform its functions.
2: A manager may only transfer or mortgage the whole or any part of the spectrum management rights with the agreement of the responsible Ministers (which may be subject to any conditions that the responsible Ministers consider appropriate).
24E: Resolution of disagreement between responsible Ministers and Te Pūtahi Paoho
1: If the responsible Ministers and Te Pūtahi Paoho are unable to agree on any matter for which their joint agreement is required under the deed required by section 24B(1)
2: Clauses 15 to 20 of Schedule 1 apply to any mediation commenced under this section.
24F: Issue of spectrum licences to Service
1: As soon as practicable after the transfer of spectrum management rights under section 24B(1)(a)
a: request that the manager issue 1 or more spectrum licences to the Service; or
b: notify the manager that it does not wish to have spectrum licences issued to it.
2: The manager must grant spectrum licences for the Service—
a: as soon as practicable after a request is made by the Service:
b: for the maximum period (until the expiry date of the spectrum management rights), unless the Service specifies otherwise.
3: The manager—
a: must not charge the Service for—
i: the grant of a spectrum licence for the Service; or
ii: the transfer of a spectrum licence to the Service; but
b: may charge the Service an administrative fee to cover the cost of granting a spectrum licence for, or transferring a spectrum licence to, the Service.
24G: Issue of spectrum licences generally
1: The manager must not grant a spectrum licence in favour of a person other than the Service unless—
a: the manager has offered to grant a spectrum licence on the same terms in favour of the Service; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the grant.
2: When the manager grants a spectrum licence, the manager must, in accordance with section 49(1)(g) of the Radiocommunications Act 1989, specify that the licence may only be transferred to another person with the consent of the manager.
3: The manager must not consent to the transfer of a spectrum licence to a person other than the Service unless—
a: the Service has been offered the spectrum licence; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the transfer.
4: If the manager is the holder of a spectrum licence, the manager must not transfer the licence to a person other than the Service unless—
a: the manager has offered to transfer the licence to the Service; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the transfer.
5: In giving consent under subsection (1)(c), (3)(c), or (4)(c)
24H: Use of spectrum licences and income from spectrum licences
1: The Service must use any spectrum licences that it holds under this subpart for the purpose of establishing a digital terrestrial television network to be used to—
a: protect and promote te reo Māori me ōna tikanga; and
b: broadcast the Service's programmes.
2: Revenue or benefits in kind received by the manager from any other spectrum licence granted under this subpart must be used for purposes consistent with the protection and promotion of te reo Māori me ōna tikanga.
11: Section 29 amended (Contents of statement of intent)
1: In section 29(1)(g) particular various
2: Replace section 29(1)(k)
k: the strategies proposed by the Service for language quality assurance:
l: the anticipated annual content to be broadcast in te reo Māori during prime time and other times:
m: details of the Service's plan for the development of te reo Māori:
n: any other proposed operating policies.
3: After section 29(2)(b)(iii)
iiia: a statement of borrowings or financial leases, or similar liabilities; and .
12: Section 41 amended (Contents of annual report)
Replace section 41(2)(h)
h: details of any indemnity provided by the Service, during the financial year, to any member, office holder, or employee; and
i: details of any insurance cover effected by the Service during the financial year in respect of the liability or costs of any member, office holder, or employee; and
j: any direction given in writing to the Service by a responsible Minister under any enactment during the financial year; and
k: any direction given to the Service in writing by the chairperson of Te Pūtahi Paoho under this Act during the financial year; and
l: details of any act by the Service—
i: that is an act that a natural person of full age and capacity can do and is done contrary to, or outside the authority of, any Act or done otherwise than for the purpose of performing the Service's functions; and
ii: for which a person dealing with the Service takes actions to enforce; and
m: any other information that the board considers necessary to enable an informed assessment of the performance of the Service for that financial year.
13: Section 56 replaced (Review of Act)
Replace section 56
56: Review of Act
1: The responsible Ministers may, from time to time, review the operation and effectiveness of this Act in accordance with the terms of reference set by the responsible Ministers.
2: Prior to commencing a review under subsection (1)
3: A review under subsection (1)
4: The responsible Ministers must—
a: prepare a report on any review commenced under subsection (1)
b: present the report to the House of Representatives within 18 months after the commencement of the review.
2: Amendments to Schedules 1 and 2
1: Amendments to Schedule 1
14: Purpose of this subpart
This subpart amends Schedule 1
15: Clause 4 amended (Meetings)
After clause 4(2)
2A: Notice of a meeting may be given by post, personal delivery, or electronic communication.
16: Clause 5 amended (Teleconference meetings)
Replace clause 5(1)
1: A meeting may be conducted by means of audio, audio and visual, or electronic communication, provided that—
a: all of the members who wish to participate in the meeting have access to the technology necessary to participate in the meeting; and
b: a quorum of members can simultaneously communicate with each other throughout the meeting.
17: Clause 8 amended (Voting)
Replace clause 8(4)
4: A resolution signed or assented to in writing by all members (whether sent by post, personal delivery, or electronic communication) is as valid and effectual as if it had been passed at a meeting of the board duly called and constituted.
5: The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
2: Amendments to Schedule 2
18: Purpose of this subpart
This subpart amends Schedule 2
19: Clause 4 amended (Method of appointment of directors of board)
In clause 4(4)(a)(i) interests (including monetary value, if quantifiable)
20: Clause 6 replaced (Meaning of interested)
Replace clause 6
6: Meaning of interested
1: A director is interested
a: may derive a financial benefit from the transaction or matter; or
b: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the transaction or matter; or
c: may have a financial interest in a person to whom the transaction or matter relates; or
d: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the transaction or matter relates; or
e: is interested in the transaction or matter because this Act so provides; or
f: is otherwise directly or indirectly interested in the transaction or matter.
2: However, a director is not interested in a transaction or matter—
a: just because he or she is a member or an officer of a wholly owned subsidiary of the Service or of a subsidiary that is owned by the Service together with any Crown entity or entities; or
b: because he or she receives an indemnity, insurance cover, remuneration, or other benefits authorised under any Act; or
c: if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under any Act; or
d: if this Act otherwise provides that he or she is not interested.
3: In this clause, matter
a: the Service's performance of its functions or exercise of its powers; or
b: a negotiation, arrangement, agreement, or contract made or entered into, or proposed to be made or entered into, by the Service.
21: Clause 8 replaced (Method of disclosure)
Replace clause 8
8: Method of disclosure
1: A director required to disclose an interest under clause 7 must—
a: make the disclosure—
i: to the chairperson of the board; or
ii: if the director is the chairperson, to the responsible Ministers and the chairperson of Te Pūtahi Paoho; and
b: ensure that the interest is entered in the interests register.
2: The chairperson of the board must ensure that an interests register is established and maintained for the purpose of subclause (1)(b)
22: Clause 9 amended (Consequences of interest)
1: In clause 9(b) is made. is made; and
2: After clause 9(b)
c: must not sign any document effecting, or relating to, entry into the transaction or the initiation of the matter.
23: Clause 11 amended (Removal from office)
After clause 11(1)
1A: A copy of the notice must be provided to the Service.
24: Clause 12 amended (Resignation)
1: In clause 12(1) , as the case may be
2: Replace clause 12(2)
2: A copy of the notice must be provided to—
a: the Service; and
b: the responsible Ministers, if the notice was given to Te Pūtahi Paoho; and
c: Te Pūtahi Paoho, if the notice was given to the responsible Ministers.
25: New clause 20A inserted (Unanimous written resolutions)
After clause 20
20A: Unanimous written resolutions
1: A resolution signed or assented to by all members in writing (whether sent by post, personal delivery, or electronic communication) is as valid and effectual as if it had been passed at a meeting of the board duly called and constituted.
2: The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
26: Clause 24 amended (Immunity of directors and employees)
In clause 24(1)(b)
a: after by him or her in good faith
b: delete , unless done in bad faith
27: Clause 25 replaced (Indemnity for directors and employees)
Replace clause 25
25: Indemnities for directors and employees
The Service may indemnify a director or an employee for costs incurred in defending or settling any claim or proceedings relating to acts or omissions by the director or employee done, or omitted to be done, in good faith in—
a: the performance or intended performance of the Service's functions or duties; or
b: the exercise or intended exercise of the Service's powers. 2004 No 115 s 122; 1993 No 105 s 162 .
28: New clauses 25A and 25B inserted
After clause 25
25A: Insurance for liability of director
1: The Service may, directly or indirectly, pay the costs of insurance for a director in relation to his or her acts done, or omitted to be done, in good faith in—
a: the performance or intended performance of the Service's functions or duties; or
b: the exercise or intended exercise of the Service's powers.
2: The Service must not pay the costs of insurance for acts or omissions that are—
a: done, or omitted to be done, in bad faith; or
b: not related to the performance or intended performance of the Service's functions or the exercise or intended exercise of the Service's powers.
25B: Saving of judicial protections from liability
A Judge who is appointed as a director has the same immunities and limitations or other protections from liability when acting as a director as he or she would have as a Judge.
29: Clause 26 amended (Ability to delegate)
1: Replace clause 26(1)
1: The board may, by resolution and written notice to the relevant person or persons, delegate any of the functions, powers, or duties of the board or the Service, either generally or specifically, to any of the following:
a: a director:
b: the chief executive, an employee, or an office holder of the Service:
c: a committee established by resolution of the board:
d: any other person approved by a responsible Minister:
e: any combination of persons listed in paragraphs (a) to (d)
2: After clause 26(4)(d)
da: any other function or power that this Act does not allow to be delegated; or .
30: Clause 27 amended (Effect of delegation)
Replace clause 27(2)(a)
a: may be revoked—
i: at will by resolution of the board, with written notice to the delegate; or
ii: by any other method provided for in the delegation: .
31: Clause 33 amended (Restrictions on borrowing)
In clause 33
2: However, the Service may, without the prior approval of the responsible Ministers or the chairperson of Te Pūtahi Paoho, borrow, and have borrowings in total of, an amount equivalent to no more than 5% of its net tangible assets.
3: In subclause (2) net tangible assets
32: Clause 41 amended (Personnel policy)
After clause 41(b)
ba: make that policy available to its employees; and .
33: Clause 42 amended (Meaning of good employer)
In clause 42(1)(g) women and ethnic or minority groups