1: Title
This Act is the Subordinate Legislation Confirmation Act (No 2) 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to confirm certain confirmable instruments and annual confirmable instruments that, unless earlier confirmed by an Act of Parliament, are—
a: revoked at the applicable deadline under section 47C(1)(a) or (b)
b: taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D
4: Interpretation
In this Act, unless the context otherwise requires, confirmable instrument annual confirmable instrument section 47B
5: Act binds the Crown
This Act binds the Crown.
6: Repeals
The Subordinate Legislation Confirmation Act 2017 Subordinate Legislation Confirmation Act 2018 2018-12-19 Subordinate Legislation Confirmation Act 2017 Subordinate Legislation Confirmation Act 2018
2: Confirmations
7: Animal Products Act 1999
The following regulations are confirmed:
a: Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018
b: Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2018 2018-12-19 Animal Products (Fees, Charges, and Levies) Amendment Regulations 2018 Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2018
8: Antarctica (Environmental Protection) Act 1994
The Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 2018-12-19 Antarctica (Environmental Protection) Act (Schedule 2) Order 2018
9: Biosecurity Act 1993
The Biosecurity (System Entry Levy) Amendment Order 2018 2018-12-19 Biosecurity (System Entry Levy) Amendment Order 2018
10: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Kiwifruit) Order 2017
b: Commodity Levies (Rock Lobster) Amendment Order 2017
c: Commodity Levies (Paua) Amendment Order 2017
d: Commodity Levies (Arable Crops) Order 2018
e: Commodity Levies (Maize) Order 2018
f: Commodity Levies (Cereal Silage) Order 2018
g: Commodity Levies (Asparagus) Order 2018 2018-12-19 Commodity Levies (Kiwifruit) Order 2017 Commodity Levies (Rock Lobster) Amendment Order 2017 Commodity Levies (Paua) Amendment Order 2017 Commodity Levies (Arable Crops) Order 2018 Commodity Levies (Maize) Order 2018 Commodity Levies (Cereal Silage) Order 2018 Commodity Levies (Asparagus) Order 2018
11: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Export Prohibition Order 2017
b: Customs Import Prohibition Order 2017
c: Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2017:
d: Customs Import Prohibition (Toothfish) Order 2018
e: Customs Export Prohibition (Toothfish) Order 2018
f: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2018. 2018-12-19 Customs Export Prohibition Order 2017 Customs Import Prohibition Order 2017 Customs Import Prohibition (Toothfish) Order 2018 Customs Export Prohibition (Toothfish) Order 2018
12: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2018 2018-12-19 Social Security (Rates of Benefits and Allowances) Order 2018
13: Tariff Act 1988
The following orders are confirmed:
a: Tariff (Korea-New Zealand Free Trade Agreement Concession) Amendment Order 2017:
b: Tariff (World Trade Organization Information Technology Agreement) Amendment Order 2017:
c: Tariff (World Trade Organization Information Technology Agreement) Amendment Order 2018.


Child Poverty Reduction Act 2018

1: Title
This Act is the Child Poverty Reduction Act 2018.
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 of this Act
The purpose of this Act is to help achieve a significant and sustained reduction in child poverty in New Zealand by provisions that—
a: encourage a focus by government and society on child poverty reduction:
b: facilitate political accountability against published targets:
c: require transparent reporting on levels of child poverty.
4: Overview of this Act
To help achieve its purpose, this Act—
a: specifies and requires child poverty measures:
b: requires the setting of child poverty reduction targets:
c: requires reports relating to child poverty:
d: requires the identification of child poverty related indicators:
e: requires monitoring reports related to identified indicators.
5: Interpretation
In this Act, unless the context otherwise requires,— amended section 6(2)
a: is amended or replaced; or
b: expires or is revoked; or
c: otherwise ceases to have effect base financial year section 11 chief executive child child poverty related indicator
a: a cause of, or a factor that contributes to, child poverty:
b: an event or a circumstance that occurs with (for example, as a correlate of, or incidental to) child poverty:
c: a consequence of child poverty child’s household DHI Income Tax Act 2007 DHI for the year equivalised financial year household household income housing costs identified indicators section 38 income intermediate targets section 21(1)(b) long-term targets section 21(1)(a) material
a: means material referred to in section 6(2)
b: does not include anything incorporated by reference by that material material hardship section 12 measures
a: primary measures; and
b: supplementary measures Minister monitoring reports section 44 persistent poverty section 13 primary measure sections 10 to 13 reports section 30 severe material hardship section 19 Statistician section 6 Statistician’s definition section 34 Statistics New Zealand continued by the Data and Statistics Act 2022 strategy Children’s Act 2014 supplementary measure sections 15 to 20 targets
a: long-term targets; and
b: intermediate targets technical appendix section 31(2) written material
a: in a visible and tangible form by any means and in any medium; or
b: in a visible form in any medium by electronic means that enables them to be stored in permanent form and be retrieved and read. Section 5 Statistician amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5 Statistics New Zealand amended 1 September 2022 section 107(1) Data and Statistics Act 2022
6: Statistician’s definitions
Duty and power to define concepts or terms
1: The Statistician—
a: must make under section 34 section 5
b: may make under section 34 Definitions may incorporate material by reference
2: Statistician’s definitions may define concepts or terms by incorporating by reference, with or without specified modifications, all or parts of relevant overseas or international legislation, standards, or practices (and Schedule 2
3: If the material incorporated in a definition in reliance on subsection (2) is amended by the originator of the material after the definition is decided, the amendments have no legal effect as part of the definition unless—
a: they are specifically incorporated by later definition decided in reliance on subsection (2); or
b: amendments to the material are expressly authorised to have that effect by another Act. Access to, and status of, definitions
4: Statistician’s definitions decided for the purposes of measures, targets, or reports for a financial year may be decided, amended, or replaced before, during, or after that financial year
5: The following are secondary legislation (see Part 3
a: a Statistician’s definition:
b: an amendment to, or replacement of, a Statistician’s definition.
6: See also section 31(2) Welfare Reform and Work Act 2016 s 4(2) (UK) 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 on a website maintained by, or on behalf of, Statistics New Zealand 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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 6(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: Measures, targets, reports, indicators, and monitoring reports
Primary measures
9: Purpose of primary measures
Sections 10 to 13
10: Low income: less than 50% of median equivalised DHI (without deducting housing costs) for financial year
A child falls within this section in a financial year if the child’s household’s equivalised DHI (without deducting housing costs) for the year is less than 50% of median equivalised DHI (without deducting housing costs) for the year.
11: Low income: less than 50% of median equivalised DHI (after deducting housing costs) for base financial year
1: A child falls within this section in a financial year if the child’s household’s equivalised DHI (after deducting housing costs) for the year is less than the applicable level.
2: The applicable level is the specified amount (50% of median equivalised DHI (after deducting housing costs) for the base financial year) after the specified amount is adjusted to take account of changes in the value of money after the base financial year.
12: Material hardship
A child falls within this section in a financial year if, for a period that is or includes all or any of the year, the child’s household experiences material hardship.
13: Persistent poverty
A child falls within this section in a financial year if, for a period that is or includes all or any of the year, the child’s household experiences persistent poverty. Supplementary measures
14: Purpose of supplementary measures
Sections 15 to 20
15: Low income: less than 60% of median equivalised DHI (without deducting housing costs) for financial year
A child falls within this section in a financial year if the child’s household’s equivalised DHI (without deducting housing costs) for the year is less than 60% of median equivalised DHI (without deducting housing costs) for the year.
16: Low income: less than 60% of median equivalised DHI (after deducting housing costs) for financial year
A child falls within this section in a financial year if the child’s household’s equivalised DHI (after deducting housing costs) for the year is less than 60% of median equivalised DHI (after deducting housing costs) for the year.
17: Low income: less than 50% of median equivalised DHI (after deducting housing costs) for financial year
A child falls within this section in a financial year if the child’s household’s equivalised DHI (after deducting housing costs) for the year is less than 50% of median equivalised DHI (after deducting housing costs) for the year.
18: Low income: less than 40% of median equivalised DHI (after deducting housing costs) for financial year
A child falls within this section in a financial year if the child’s household’s equivalised DHI (after deducting housing costs) for the year is less than 40% of median equivalised DHI (after deducting housing costs) for the year.
19: Severe material hardship
A child falls within this section in a financial year if, for a period that is or includes all or any of the year, the child’s household experiences severe material hardship.
20: Low income and hardship: less than 60% of median equivalised DHI (after deducting housing costs) for financial year and material hardship
A child falls within this section in a financial year if, in the year,—
a: the child falls within section 16
b: the child falls within section 12 Targets
21: Targets: duty to set
1: The Minister must set (and may change)—
a: long-term targets for reducing, over a long-term period (10 financial years), child poverty; and
b: intermediate targets that support, over an intermediate period (3 financial years), current long-term targets.
2: The periods to be covered by long-term targets set, or changed, under subsection (1)(a) are—
a: the long-term period from the 2018/19 financial year to the 2027/28 financial year; and
b: every later long-term period.
3: The periods to be covered by intermediate targets set, or changed, under subsection (1)(b) are—
a: the intermediate period from the 2018/19 financial year to the 2020/21 financial year; and
b: every later intermediate period.
4: A target that covers a long-term period, or an intermediate period,—
a: must be set before, or as soon as is reasonably practicable after, the start of the period; and
b: may, after it is set, be changed at any time before the end of the period.
22: Targets: content
Targets must be set for each primary measure.
23: Targets: setting, changing, and publication
1: Targets are set or changed by notice in the Gazette
2: Targets, and changes to targets, must also be published on, and available at all reasonable times from, an Internet site directed by the Minister.
24: Targets: presentation to House of Representatives
The Minister must, promptly after setting or changing targets, present to the House of Representatives a copy of the targets or changes.
25: Targets: application of Legislation Act 2012
Section 25 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
26: Targets: duty to review
The Minister must ensure that each current target is reviewed—
a: at least once in the financial years that the target covers:
b: if it is an intermediate target, at the same time as, or as soon as is reasonably practicable after, any change is made to the related long-term target.
27: Targets: duty to explain non-compliance
1: This section applies if a report—
a: is presented to the House of Representatives under section 37
b: discloses non-compliance with long-term targets or intermediate targets.
2: The Minister must, in another document presented to the House of Representatives when, or as soon as is reasonably practicable after, the report is presented, explain why that non-compliance occurred.
28: Targets: effect
1: The only remedies or relief that a court may grant for non-compliance with the targets are a declaration (made by the High Court or, on an appeal, by the Court of Appeal or the Supreme Court) of that non-compliance and costs.
2: In particular, no form of monetary compensation or relief, or injunctive relief, is available as a remedy for non-compliance with the targets.
3: If a declaration is made under subsection (1), and the declaration is not overturned on appeal or the time for lodging an appeal (which, in this section, includes applying for leave to appeal) expires, the Minister must present to the House of Representatives a document—
a: bringing the declaration to the attention of the House of Representatives; and
b: containing advice on the Government’s response to the declaration.
4: The Minister must carry out the duties imposed by subsection (3) as soon as is reasonably practicable after the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires.
5: Despite any contrary enactment or other law, the targets do not (except as provided in subsections (1) to (4))—
a: create any legal right enforceable in a court of law:
b: affect or limit the way in which a person (for example, a Minister of the Crown or chief executive of a department of State) is required to exercise a statutory power of decision:
c: affect the interpretation of any enactment or the operation of any other law:
d: restrict the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability to—
i: introduce legislation and change Government policy; and
ii: interact with or consult a person the Crown considers appropriate:
e: restrict the responsibilities of a Minister of the Crown or a department of State.
6: Subsection (5) overrides section 29(1) 1993 No 82 ss 92J 92K s 11 ss 23 24
29: Targets: accountabilities to Parliament and Executive
1: For the purposes of the operation of the legislative and executive branches of Government, in any matter relating to the setting or achievement of the targets, the Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive.
2: Subsection (1) does not limit or affect section 28(5) Public Finance Act 1989
3: A duty, function, or power of the Minister is affected by the targets only to the extent necessary to give effect to subsection (1) (as overridden by section 28(5) 2014 No 40 s 13 Reports
30: Reports: duty to prepare
1: The Statistician must, after a financial year, prepare a report measuring child poverty in that financial year.
2: The report must be prepared as soon as is reasonably practicable, and in any case within the next financial year.
31: Reports: content: general
1: The report must include a statement of the percentage of children living in households in New Zealand in the financial year— Primary measures
a: who fell within section 10
b: who fell within section 11
c: who fell within section 12
d: who fell within section 13 Supplementary measures
e: who fell within section 15
f: who fell within section 16
g: who fell within section 17
h: who fell within section 18
i: who fell within section 19
j: who fell within section 20
2: The report must include a technical appendix that sets out all Statistician’s definitions for the report.
32: Reports: content: analysis of identified populations
1: The report must include analysis of the identified populations.
2: The identified populations
a: Māori children; and
b: any groups identified for the report under subsection (3).
3: The Statistician may identify for the report 1 or more groups of other children, analysis of whom may help achieve the purpose of this Act.
4: Examples of groups of other children who may be identified are Pacific children, disabled children, and children with a disabled parent, guardian, or caregiver.
5: However, this section does not require the report to include analysis of the identified populations if, or so far as, available data is not reasonably adequate to enable that analysis to be done using the relevant statistical methodology.
33: Reports: consultation and acting independently
1: In preparing the report, the Statistician must consult the chief executive.
2: In preparing the report, and performing other duties or functions under this Act, the Statistician and the chief executive must act independently of, and are not subject to direction from, Ministers of the Crown or other chief executives of departments of State.
3: Subsection (2)—
a: applies despite section 52
b: applies to the Statistician, in performing duties or functions under this Act, instead of section 16 1975 No 1 s 15 Section 33(3)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 33(3)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
34: Reports: Statistician decides how statistics to be produced
1: In preparing the report, and performing other duties or functions under this Act, the Statistician must decide the following to be used in the provision of any statistics to be produced:
a: concepts or terms (for example, classifications or definitions) mentioned in section 6(1)
b: the data and statistical methodology.
2: Before making the decisions required by subsection (1), the Statistician must consult the chief executive on the Statistician’s proposed decisions.
3: The provisions of the Data and Statistics Act 2022 1975 No 1 s 14(i) Section 34(3) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
35: Reports: duty to follow statistical best practice
In preparing the report, and performing other duties or functions under this Act, the Statistician and the chief executive must, whenever it is reasonably practicable to do so, follow statistical best practice.
36: Reports: publication
After the report is prepared, the Statistician must ensure that the report is published. 1975 No 1 s 15 s 15
37: Reports: presentation to House of Representatives
The Minister must, after receiving a copy of the report, and as soon as is reasonably practicable after the time it is published under section 36 Indicators
38: Child poverty related indicators: duty to identify
1: The Minister must identify, for monitoring reports, 1 or more child poverty related indicators related to all or any of the following areas:
a: income and employment:
b: housing:
c: education and development:
d: health (for example, physical health and mental health) and disability:
e: any other area or areas.
2: A child poverty related indicator identified for a financial year—
a: must be identified before, or as soon as is reasonably practicable after, the start of the year; and
b: may, after it is identified, be changed at any time before the end of the year.
39: Identified indicators: identifying, changing, and publication
1: Identified indicators are identified or changed by notice in the Gazette
2: Identified indicators, and changes to identified indicators, must also be published on, and available at all reasonable times from, an Internet site directed by the Minister.
40: Identified indicators: presentation to House of Representatives
The Minister must, promptly after identifying or changing identified indicators, present to the House of Representatives a copy of the identified indicators or changes.
41: Identified indicators: application of Legislation Act 2012
Section 41 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
42: Identified indicators: duty to review
1: The Minister must ensure that each current identified indicator is reviewed before the deadline for review of the strategy.
2: The deadline for review of the strategy is, under section 7A
a: within 3 years after the date of its first adoption under section 6
b: thereafter within 3 years after the date of completion of the most recent review of it under section 7A
43: Identified indicators: purpose and effect
Identified indicators are identified only for, and so have no effect unrelated to, monitoring reports. Monitoring reports
44: Monitoring reports: duty to prepare
1: The Minister must, after a financial year, prepare a monitoring report related to that financial year.
2: The monitoring report must be prepared as soon as is reasonably practicable, and in any case within the next financial year.
45: Monitoring reports: content
The monitoring report must include data on every identified indicator identified for the financial year.
46: Monitoring reports: publication
After the monitoring report for a financial year is prepared, and the Minister receives a copy of the Statistician’s report for that financial year, the Minister must ensure that the monitoring report is published as soon as is reasonably practicable after the time that the Statistician’s report for that financial year is published under section 36
47: Monitoring reports: presentation to House of Representatives
After the monitoring report for a financial year is prepared, and the Minister receives a copy of the Statistician’s report for that financial year, the Minister must, as soon as is reasonably practicable after the time that the Statistician’s report for that financial year is published under section 36 Amendments to Public Finance Act 1989
48: Amendments to Public Finance Act 1989
Sections 49 50 Public Finance Act 1989 principal Act 2018-12-21 Public Finance Act 1989 Also section 50 — amend the principal Act as indicated in Schedule 3.
49: New section 15EA inserted (Main Appropriation Bill: supporting information relating to child poverty)
After section 15E
15EA: Main Appropriation Bill: supporting information relating to child poverty
1: The supporting information for the main Appropriation Bill must include a report on child poverty.
2: The report must—
a: discuss any progress made, in the most recent completed financial year, in reducing child poverty consistent with the targets under the Child Poverty Reduction Act 2018
b: indicate whether and, if so, to what extent, measures in or related to that Bill will affect child poverty.
50: Consequential amendments
Amend the principal Act as indicated in Schedule 3


Children's Amendment Act 2018

1: Title
This Act is the Children’s Amendment Act 2018.
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 Vulnerable Children Act 2014 principal Act 2018-12-21 Vulnerable Children Act 2014 Title
4: Name of principal Act changed
On and after the commencement of this section,—
a: the Vulnerable Children Act 2014 Children’s Act 2014
b: every reference in any enactment (other than an enactment amended or replaced by this Act Vulnerable Children Act 2014 Children’s Act 2014
5: Section 1 amended (Title)
In section 1, replace Vulnerable Children Children’s Transitional, savings, and related provisions
6: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Act binds the Crown
7: Section 3 amended (Act binds the Crown)
In section 3(2) section 11 (effect of vulnerable children’s plan) section 12 Strategy for improving children’s well-being and oranga tamariki action plan
8: Part 1 replaced
Replace Part 1
1: Strategy for improving children’s well-being and oranga tamariki action plan
4: Purpose of this Part
The purpose of this Part is to—
a: require the Government to adopt, publish, and review a strategy for improving the well-being of children; and
b: ensure that children’s agencies work together to improve the well-being of particular groups of children.
4A: Treaty of Waitangi (Tiriti o Waitangi)
The duties of the responsible Minister set out in sections 6D(1)(d) and 7C(2)(a)
5: Interpretation
1: In this Part, unless the context otherwise requires,— child
a: a person who is under the age of 18 years:
b: a person who is under the age of 21 years and has been in care (as defined in this subsection):
c: a person who is under the age of 25 years and is receiving transition support from the department under Part 7 of the Oranga Tamariki Act 1989 children’s agencies
a: Domestic Violence Act 1995:
b: Education Act 1989:
c: New Zealand Public Health and Disability Act 2000:
d: Oranga Tamariki Act 1989:
e: Policing Act 2008:
f: Social Security Act 2018:
g: any other Act or Acts for the time being prescribed under subsection (2) Children’s Commissioner children’s Ministers
a: have relevant portfolio responsibilities for 1 or more of the children’s agencies (but excluding all related Associate Ministers of the Crown, if any); or
b: are designated by the Prime Minister as children’s Ministers for the purpose of this Part core populations of interest to the department
a: children who have early risk factors for future involvement in the statutory care, protection, and youth justice systems under the Oranga Tamariki Act 1989:
b: children who are all or any of the following:
i: children receiving assistance from the department (whether or not they are children in need of care or protection) under Part 2 of that Act (which relates to care and protection):
ii: children who are subject to a custody order, an order appointing a person specified in section 110(1)(a) to (e) of that Act as their sole guardian, or an agreement for care, under Part 2 of that Act:
iii: children who are subject to proceedings or orders under Part 4 of that Act (which relates to youth justice), or who are remanded in the custody of the chief executive of the department under section 173 or 174 of the Criminal Procedure Act 2011:
iv: children receiving transition support from the department under Part 7 of the Oranga Tamariki Act 1989:
c: children who are any persons who are under the age of 21 years and who have been in care (as defined in this subsection) department financial year household child’s household section 5 Child Poverty Reduction Act 2018 in care
a: placed or detained in the custody or care of the chief executive of the department, a person, a body, or an organisation under the Oranga Tamariki Act 1989; or
b: remanded in the custody of the chief executive of the department under section 173 or 174 of the Criminal Procedure Act 2011; or
c: detained in a residence under section 34A of the Corrections Act 2004 oranga tamariki action plan plan Minister responsible Minister strategy UNCROC UNCRPD
2: The Governor-General may, by Order in Council, prescribe any other Act or Acts for the purposes of paragraph (g) subsection (1) Strategy for improving children’s well-being
6: Adoption of strategy
1: The responsible Minister must, after consulting the children’s Ministers, adopt a strategy to address—
a: improving the well-being of all children; and
b: improving, as a particular focus, the well-being of children with greater needs; and
c: reducing child poverty and mitigating impacts of child poverty and of socio-economic disadvantage experienced by children; and
d: improving the well-being of the core populations of interest to the department.
2: The responsible Minister may, after consulting with the children’s Ministers, change a strategy adopted under this section.
3: Subsections (1) and (2)
6A: Strategy and international obligations
1: The strategy is intended to help New Zealand meet its international obligations relating to children.
2: Those obligations include New Zealand’s obligations relating to children under the UNCROC and the UNCRPD.
3: However, this Part does not, in and of itself, give domestic legal effect to, or implement in New Zealand law, any of those obligations.
6B: Policy-related principles Minister must have regard to before strategy adopted or changed
1: Before adopting a strategy, or changing a strategy adopted, under section 6
a: policies should be informed by evidence about their expected effectiveness in achieving the social and economic outcomes sought by the strategy:
b: policies should prevent or minimise negative social outcomes and, if they do occur, should address them as early as possible:
c: the Government should evaluate the effectiveness of policies.
2: In this section, policies
6C: Child-related principles Minister must have regard to before strategy adopted or changed
Before adopting a strategy, or changing a strategy adopted, under section 6
a: children’s intrinsic value and inherent dignity should be acknowledged:
b: children’s rights in New Zealand law (including children’s rights in New Zealand law that are derived from the UNCROC or the UNCRPD) must be respected and upheld:
c: children should be viewed in the context of their families, whānau, hapū, and iwi, other culturally recognised family groups, and communities.
6D: Other consultation before strategy adopted or changed
1: Before adopting a strategy, or changing a strategy adopted, under section 6
a: any children, or representatives of children, that the responsible Minister considers appropriate (in order to ensure that children’s views on the proposed strategy or change are taken into account); and
b: the Children’s Commissioner; and
c: the Minister of the Crown who is responsible for the Ministry of Māori Development; and
d: any representatives of Māori (for example, of iwi, and of Māori organisations) that the responsible Minister considers appropriate.
2: Subsection (1)
6E: Publication and status of strategy
1: A strategy, or changes to a strategy, adopted under section 6 section 7A
a: be notified in the Gazette
b: be published on, and available at all reasonable times from, an Internet site maintained by or on behalf of the children’s agencies.
2: The Gazette subsection (1)(a) subsection (1)(b)
3: An instrument recording, or a notice notifying, a strategy, or changes to a strategy, adopted under section 6
7: Content of strategy
1: The strategy must include outcomes sought—
a: under section 6(1)(a), (b), and (d)
b: in particular, under section 6(1)(c)
2: The strategy must indicate—
a: the extent to which the outcomes included in the strategy are measurable:
b: how the measurable outcomes will be measured, including by analysing disparities of outcome for—
i: children in poverty; and
ii: children who, compared with all children, are children with socio-economic disadvantage:
c: if 1 or more earlier strategies have been adopted under section 6
d: the policies that the Government intends to implement, after the adoption of the strategy, to achieve the outcomes sought by that strategy, and any steps that the Government intends to take to evaluate the effectiveness of those policies.
3: The strategy must include an assessment of the likely effect of Government policies whose aim is or includes all or any of the following:
a: reducing child poverty:
b: mitigating impacts of child poverty or of socio-economic disadvantage experienced by children.
4: The assessment required by subsection (3)
a: economic changes likely to arise from the implementation of the policies:
b: how the impact of the policies may be affected by any economic changes external to the policies.
7A: Duty to review strategy
The responsible Minister must, in consultation with the children’s Ministers, complete a review of the strategy—
a: within 3 years after the date of its first adoption under section 6
b: thereafter within 3 years after the date of completion of the most recent review of it under this section.
7B: Duty to prepare and publish annual report on progress in achieving strategy’s outcomes
1: The responsible Minister must, within 9 months after a financial year, prepare a report on achievement, during that year, of the outcomes that the strategy indicates are sought, during that year, for children identified in the strategy.
2: Before finalising the report, the responsible Minister must consult the children’s Ministers on a draft of the report.
3: As soon as is reasonably practicable after the report is prepared, the responsible Minister must ensure that it is—
a: presented to the House of Representatives; and
b: published on 1 or more Internet sites maintained by or on behalf of the children’s agencies.
7C: Annual report: analysis of identified populations
1: The report required by section 7B
2: The identified populations
a: Māori children; and
b: any groups identified for the report under subsection (3)
3: The responsible Minister may identify for the report 1 or more groups of other children, analysis of whom may help achieve outcomes sought by the strategy.
4: Examples of groups of other children who may be identified are Pacific children, disabled children, and children with a disabled parent, guardian, or caregiver.
5: However, this section does not require the report to include analysis of the identified populations if, or so far as, available data is not reasonably adequate to enable that analysis to be done using the relevant statistical methodology. Oranga tamariki action plan
7D: Purpose of plan
The purpose of the oranga tamariki action plan is to indicate how the chief executives of the children’s agencies will work together to improve the well-being of the core populations of interest to the department.
8: Preparation of plan
1: The chief executives of the children’s agencies must, after the strategy is adopted or changed under section 6 section 10A(1)(b)
a: develop a draft oranga tamariki action plan; and
b: submit it to the plan Minister for approval.
2: The plan Minister must, after consulting the children’s Ministers about the draft plan,—
a: approve the draft plan; or
b: refer it to the chief executives of the children’s agencies for reconsideration, together with the Minister’s reasons for referring it back to the chief executives.
3: The chief executives, on receiving a referral under subsection (2)(b) subsection (1)
8A: Publication and status of plan
1: The oranga tamariki action plan must, after it is approved by the plan Minister,—
a: be notified in the Gazette
b: be published on, and available at all reasonable times from, an Internet site maintained by or on behalf of the children’s agencies.
2: The Gazette subsection (1)(a) subsection (1)(b)
3: The oranga tamariki action plan may be published under subsection (1)(b) section 8(1)(b)
4: An instrument recording, or a notice notifying, an oranga tamariki action plan, or changes to one, approved under section 8
9: Content of plan
1: The oranga tamariki action plan (and any draft of it)—
a: must set out the steps that the chief executives of the children’s agencies will take to work together to achieve the outcomes that the strategy sets out for the core populations of interest to the department; and
b: may set out any other steps that the chief executives have decided that they will take to work together to improve the well-being of those groups.
2: The chief executives must consider how the steps to be set out in the plan will promote the best interests of the core populations of interest to the department (having regard to the whole of their lives), including (without limitation) by—
a: protecting them from abuse and neglect:
b: improving their physical and mental health and their cultural and emotional well-being:
c: improving their education and training and their participation in recreation and cultural activities:
d: strengthening their connection to their families, whānau, hapū, and iwi, or other culturally recognised family group:
e: increasing their participation in decision making about them, and their contribution to, and participation in, society:
f: improving their social and economic well-being (for example, by reducing, or mitigating the impacts of, poverty).
3: The steps to improve the well-being of children specified in paragraph (b) section 5(1)
a: participation by the children’s agencies (and any contracted or related service providers, where appropriate) in assessment, planning, and decision making in relation to those children:
b: the provision of services (including any contracted or related services where appropriate) to those children.
10: Duration of plan
The oranga tamariki action plan—
a: comes into effect on a date (after the date on which it is approved) specified in it for the purpose; and
b: continues in force until it is amended or replaced under section 10A
10A: Review and amendment or replacement of plan
1: The chief executives of the children’s agencies must, working together, review the plan, within a time specified by the plan Minister, if—
a: the strategy adopted from time to time under section 6
b: the plan Minister so directs.
2: When reviewing the oranga tamariki action plan, the chief executives must—
a: consider whether the plan is still consistent with the current strategy adopted under section 6
b: if the chief executives consider it appropriate, recommend to the plan Minister that he or she—
i: approve amendments to the plan; or
ii: approve a new plan.
3: Sections 8(2) and (3) and 8A
11: Implementation reports
Once the oranga tamariki action plan has come into effect, the chief executive of each children’s agency must—
a: report (jointly with each of the other chief executives of the children’s agencies) to the plan Minister, by a date in each year specified by the plan Minister, on whether the agency has, or on the extent to which the agency has, before that date (and after the periods covered by all earlier reports, if any, under this paragraph), implemented the plan while it has been in force; and
b: ensure that a copy of every implementation report required by paragraph (a) Effect and accountabilities
12: Effect of strategy and plan
1: The strategy and the oranga tamariki action plan do not—
a: create legal rules; or
b: create any legal right enforceable in a court of law; or
c: affect or limit the way in which a person (for example, a Minister of the Crown or chief executive of a department of State) is required to exercise a statutory power of decision; or
d: affect the interpretation of any enactment or the operation of a rule of law; or
e: restrict the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability to—
i: introduce legislation and change Government policy; and
ii: interact with or consult a person the Crown considers appropriate; or
f: restrict the responsibilities of a Minister of the Crown or a department of State.
2: Subsection (1) section 13(1)
13: Accountabilities
1: For the purposes of the operation of the legislative and executive branches of Government,—
a: in the adopting and implementation of the strategy for improving the well-being of children, the responsible Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive; and
b: in any matter relating to the oranga tamariki action plan, the plan Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive; and
c: in any matter relating to the oranga tamariki action plan, the chief executive of each of the children’s agencies is accountable to the plan Minister.
2: Subsection (1)
a: does not limit or affect—
i: section 12(1)
ii: the operation of the Public Finance Act 1989; or
iii: the independence of the Commissioner of Police (as affirmed by sections 8(e) and 16(2) of the Policing Act 2008); but
b: overrides any other law to the contrary.
3: A duty, function, or power of the responsible Minister or the plan Minister, or of the chief executive of a children’s agency, is affected by this Part only to the extent necessary to give effect to subsection (1) section 12(1) Transitional, savings, and related provisions
9: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1 Act Consequential amendments and revocation
10: Consequential amendments and revocation
1: Amend the Acts listed in Part 1
2: Amend the legislative instruments listed in Part 2
3: Revoke the legislative instrument specified in Part 3 2018-12-21 Criminal Records (Clean Slate) Act 2004 Crown Organisations (Criminal Liability) Act 2002 Education Act 1989 Privacy Act 1993 Sentencing Act 2002 Corrections Regulations 2005 Privacy (Information Sharing Agreement for Improving Public Services for Vulnerable Children) Order 2015 Vulnerable Children (Children’s Services) Order 2016 Vulnerable Children (Prescribed State Service) Order 2017 Vulnerable Children (Requirements for Safety Checks of Children’s Workers) Regulations 2015 Vulnerable Children (Children’s Agencies) Order 2017


1: Title
This Act is the Reserve Bank of New Zealand (Monetary Policy) Amendment Act 2018.
2: Commencement
1: Sections 5(1) 6 36 Schedule 2
2: The rest of this Act comes into force on the earlier of the following dates:
a: a date appointed by the Governor-General by Order in Council:
b: 1 April 2019.
3: Principal Act
This Act amends the Reserve Bank of New Zealand Act 1989 principal Act 2018-12-21 Reserve Bank of New Zealand Act 1989 Sections 5(1), 6, and 36 and Schedule 2 come into force on the day after the date of Royal assent. 2019-04-01 Reserve Bank of New Zealand Act 1989 All other provisions. May be brought into force earlier by OIC (see section 2(2)(a)).
1: Main amendments
4: Section 1A amended (Purpose)
Replace section 1A(1)
1: The purpose of this Act is to promote the prosperity and well-being of New Zealanders, and contribute to a sustainable and productive economy, by providing for the Reserve Bank of New Zealand, as the central bank, to be responsible for—
a: formulating and implementing monetary policy directed to the economic objectives set out in subsection (1A), while recognising the Crown’s right to determine economic policy; and
b: promoting the maintenance of a sound and efficient financial system; and
c: issuing bank notes and coins in New Zealand to meet the needs of the public; and
d: carrying out other functions, and exercising powers, specified in this Act.
1A: The economic objectives are—
a: achieving and maintaining stability in the general level of prices over the medium term; and
b: supporting maximum sustainable employment.
5: Section 2 amended (Interpretation)
1: In section 2(1) charter see section 63F clauses 5 to 7 of Schedule 1 code of conduct see section 63J clause 8 of Schedule 1 MPC monetary policy committee section 63A remit see sections 10 and 13, clauses 2 to 4 of Schedule 1, and clause 6 of Schedule 2 remit advice clause 2 of Schedule 2
2: In section 2(1) economic objective section 8(1) section 12 formulating section 8(3)
3: In section 2(1) Deputy Chief Executive Deputy Governor Deputy Governor section 43 or 48B
4: In section 2(1) Governor Governor 48
6: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Section 5 amended (Reserve Bank of New Zealand)
In section 5(2) and a common seal
8: Sections 8 to 15 replaced
Replace sections 8 to 15
8: Function to formulate monetary policy through MPC
1: The Bank, acting through the MPC, has the function of formulating a monetary policy directed to the economic objectives of—
a: achieving and maintaining stability in the general level of prices over the medium term; and
b: supporting maximum sustainable employment.
2: The MPC must, in acting under this section, have regard to—
a: the efficiency and soundness of the financial system; and
b: any matter provided for in a remit under section 10(3)(d)
3: The function of formulating
9: Function to implement monetary policy
The Bank has the function of implementing monetary policy in accordance with this Act.
10: Remit for MPC
1: The Minister must, after having regard to remit advice, issue a remit for the MPC (the remit
2: The remit must set out operational objectives for carrying out the function of formulating monetary policy.
3: The remit may specify or provide for the operational objectives in any way that the Minister thinks fit, including by specifying or providing for 1 or more of the following matters:
a: a target or targets for an economic objective:
b: a framework for weighting the economic objectives:
c: defining any matters in connection with an economic objective:
d: a requirement for the MPC to have regard to 1 or more matters in connection with seeking to achieve an economic objective.
4: A matter under subsection (3)
5: The Minister must take all reasonable steps to ensure that a remit is in force at all times (whether the remit is issued by the Minister under this section or clause 3 of Schedule 1 section 12, clause 4 of Schedule 1, or clause 6 of Schedule 2
11: Other matters relating to remit
Part 1 of Schedule 2
12: Order providing for different economic objective or objectives
1: The Governor-General may, by Order in Council, on the advice of the Minister, direct the MPC to formulate, and the Bank to implement, monetary policy for 1 or more economic objectives for a period not exceeding 12 months that is specified in the order.
2: The economic objective or objectives may be—
a: only 1 of the objectives specified in section 8
b: 1 or more new objectives in addition to or instead of either or both of the economic objectives specified in section 8
3: While the Order in Council is in force,—
a: the MPC must formulate, and the Bank must implement, monetary policy in accordance with the economic objective or objectives specified in the Order in Council; and
b: the MPC and the Bank must disregard either or both of the economic objectives specified in section 8
13: Order must include replacement remit
1: The order under section 12 section 14
2: Section 10(2) to (4)
14: Effect of order on current remit
1: The application of the current remit is suspended while the order under section 12
2: The following applies when the order is revoked:
a: if the term of the current remit has not expired, that remit again comes into force (but may be replaced under clause 6 of Schedule 2
b: if the term of the current remit has expired, a new remit must be issued to come into effect immediately after the revocation of the order (whether under section 10 or clause 6 of Schedule 2
3: In this section, current remit section 12
15: Period may be extended
1: The Governor-General may, by Order in Council, on the advice of the Minister, extend the period specified in an order under section 12
2: An extension may only be made before the end of the period to be extended.
15A: Revocation of order
1: An order under section 12
2: If the order is not revoked under subsection (1), the order is revoked on the close of the last day of the period specified in the order or of any extension of that period under section 15
15B: Functions under sections 8 and 9 not affected
1: Nothing in this Act or in any other Act limits or affects the obligation of the MPC or the Bank to carry out the functions under sections 8 and 9 section 12
2: This section applies except as provided in sections 12 to 15A
15C: Regular reports on monetary policy
1: The Bank must, at least 4 times a year (or more frequently if required by the charter),—
a: deliver reports on monetary policy to the Minister; and
b: publish a copy of each report on an Internet site maintained by, or on behalf of, the Bank.
2: The Governor must ensure that the report is approved by the MPC before it is delivered to the Minister.
3: Every report under this section must—
a: specify the approach by which the MPC intends to achieve the operational objectives:
b: state the MPC’s reasons for adopting that approach:
c: contain all other information required by the charter (if any).
4: Every report under this section stands referred, by virtue of this section, to the House of Representatives.
15D: Longer-term report on formulation and implementation of monetary policy
1: The Bank must review and assess the formulation and implementation of monetary policy at least every 5 years (or more frequently if required by the charter).
2: The Bank must—
a: deliver a report on the review and assessment to the Minister as soon as practicable after the review and assessment is completed; and
b: publish a copy of the report on an Internet site maintained by, or on behalf of, the Bank.
3: The Governor must consult the MPC on a draft of the report under this section and the Governor must consider the comments (if any) of the MPC on the draft.
4: The report under this section must contain the information required by the charter (if any).
5: Every report under this section stands referred, by virtue of this section, to the House of Representatives.
9: Section 19 replaced (Effect of directions on policy targets)
Replace section 19
19: Effect of directions on operational objectives
1: This section applies if the Governor considers that giving effect to a direction under section 17 or 18 (while not being inconsistent with the economic objectives of monetary policy) would be inconsistent with 1 or more operational objectives set out in a remit.
2: The Governor may, by notice in writing,—
a: advise the Minister that the Bank will, in giving effect to the direction, be unable to give effect to those operational objectives; and
b: request that the operational objectives be amended or replaced.
3: The Governor may only give a notice with the approval of the MPC.
4: If a notice is given,—
a: the MPC and the Bank are not required to give effect to the existing operational objectives:
b: the Minister must, within 1 month after the notice is given,—
i: make a recommendation under clause 6 of Schedule 2
ii: give advice under section 12
5: Subsection (4) does not apply if the Minister withdraws the direction.
10: Section 20 replaced (Effect of directions on monetary policy)
Replace section 20
20: Effect of directions on monetary policy
1: If the Governor considers that giving effect to a direction under section 17 or 18 would be inconsistent with the economic objectives of monetary policy, the Governor may, by notice in writing, advise the Minister that the MPC and the Bank do not propose to give effect to the direction.
2: The Governor may only give a notice with the approval of the MPC.
3: If a notice is given, the MPC and the Bank are not required to comply with the direction unless an Order in Council is made under section 12
11: Section 41 amended (Duties of Governor)
1: After section 41(1)
1A: The office of Governor includes performing and exercising functions, powers, and duties as the chairperson and a member of the MPC ( see clause 28 of Schedule 2
2: In section 41(2) the Board or the MPC
12: Section 42 amended (Conditions of employment of Governor)
1: In the heading to section 42 employment appointment
2: Replace section 42(1)
1: The Governor must be appointed under section 40 for a term of 5 years and may be reappointed under that section for 1 further term of up to 5 years.
3: After section 42(1)
1A: See section 48(1)
1B: If a person ( A section 48 section 48
4: In section 42(2) employment appointment
5: In section 42(3) the agreement appointment
13: Sections 43 to 45 replaced
Replace sections 43 to 45
43: Deputy Governor
1: There is a Deputy Governor of the Bank who must be appointed by the Minister on the recommendation of the Board.
2: The Board must consult the Governor before making its recommendation.
3: The Deputy Governor must perform the duties and functions that are determined by the Governor (to the extent that those duties and functions are consistent with the conditions of appointment determined by the Board).
44: Term of appointment and conditions of appointment of Deputy Governor
1: The Deputy Governor must be appointed under section 43
2: See section 48B(1)
3: The conditions of appointment of the Deputy Governor must be determined by the Board after consulting the Minister.
4: The conditions must specify the grounds on which the Board may recommend that the Deputy Governor be removed from office under section 50(2)(b)
45: Extension of term of Governor or Deputy Governor
1: The Minister may extend—
a: the Governor’s term of appointment by up to 6 months by written notice to the Governor (with a copy to the Board):
b: the Deputy Governor’s term of appointment by up to 6 months by written notice to the Deputy Governor (with a copy to the Governor and the Board).
2: If the Governor’s or Deputy Governor’s term is extended and that person is reappointed for a further term in the same office, the length of the further term must be reduced by the length of the extension.
3: Subsection (2) does not prevent the further term from being extended under subsection (1).
4: The Minister must ensure that the following are notified in the Gazette
a: the fact that the Governor’s or Deputy Governor’s term of appointment has been extended; and
b: the period of the extension.
5: This section applies only to a Governor appointed under section 40 or a Deputy Governor appointed under section 43
45A: Validity of appointments
The appointment of a person as the Governor under section 40 or 48 section 43 or 48B
14: Section 46 amended (Disqualification of Governor and Deputy Governor)
1: In section 46(1) , Deputy Governor, or a Deputy Governor, or Deputy Governor
2: In section 46(1)(b) an employee a director or
3: Replace section 46(1)(e)
e: is an undischarged bankrupt; or
4: After section 46(1)(j)
k: is subject to a property order under the Protection of Personal and Property Rights Act 1988.
5: After section 46(1)
1A: No person may be appointed or reappointed, or continue to hold office, as Deputy Governor, if that person is a member of the Board (except where the Deputy Governor is acting as the Governor).
6: In section 46(2) , the Deputy Governor, or a Deputy Governor, as the case may be, or Deputy Governor
7: After section 46(2)
3: If the Governor or Deputy Governor becomes aware that he or she is likely to become disqualified, he or she must disclose that fact to the Board and the Minister as soon as practicable.
15: Section 47 amended (Incapacity of Governor and Deputy Chief Executive)
1: In the heading to section 47 Deputy Chief Executive Deputy Governor
2: In section 47(1) and (4) or the Non-bank Deposit Takers Act 2013 , the Insurance (Prudential Supervision) Act 2010,
3: In section 47(1), (2), and (5)(a) Deputy Chief Executive Deputy Governor
16: Section 48 replaced (Vacancy in office of Governor)
Replace section 48
48: Vacancy in office of Governor
1: If the office of Governor becomes vacant, the Minister must, on the recommendation of the Board, appoint any of the following as Governor for a period not exceeding 6 months:
a: a director of the Bank:
b: an officer of the Bank:
c: any other person.
2: The circumstances in which the office becomes vacant include where 1 or more persons have been acting as Governor under section 47 for a total consecutive period of 3 months (unless the Minister gives a notice to the Bank that this subsection does not apply in the particular circumstances).
3: A Governor who has vacated office (for example, at the end of the Governor’s term) may not be appointed under subsection (1).
4: If a Deputy Governor ( D
a: is suspended during the period in which D is the Governor; and
b: is resumed at the end of that period (unless D is appointed as Governor under section 40); and
c: ends when that term would otherwise have ended under this Act.
48A: Deputy Governor may act pending appointment
1: Pending the appointment of a person as Governor under section 48
2: The Deputy Governor, so long as that person acts as Governor under this section,—
a: has all the duties, responsibilities, and functions of the Governor under this Act and may exercise all the powers of the Governor under this Act; and
b: must be treated as being a director of the Bank.
48B: Vacancy in office of Deputy Governor
1: If the office of Deputy Governor becomes vacant, the Minister must, on the recommendation of the Board, appoint any person (other than a director of the Bank) as Deputy Governor for a period not exceeding 6 months.
2: The Deputy Governor who has vacated office (for example, at the end of the Deputy Governor’s term) may not be appointed under subsection (1).
17: Section 49 amended (Removal of Governor from office)
1: In section 49(2)(a) functions (other than functions performed by the MPC)
2: After section 49(2)(b)
ba: that any of the matters set out in clause 19(2)(a) to (e) of Schedule 2
3: Replace section 49(2)(c)
c: that the Governor has obstructed, hindered, or prevented the Board or the MPC from discharging responsibilities under this Act (for example, by failing to give the Board or the MPC information that is necessary to discharge those responsibilities); or
4: Repeal section 49(2)(d) to (f)
5: In section 49(2)(h) , except as provided in his or her conditions of employment,
6: In section 49(2)(h)(iii) and (iv) an interest an ownership interest
7: Replace section 49(2)(i)
i: that the Governor is unable to carry out the responsibilities of office, or has been guilty of serious neglect of duty, or has been guilty of misconduct.
8: In section 49(3) 53(3) or (5)
18: Section 50 amended (Removal of Deputy Governor from office by Order in Council)
1: In section 50(1) or a Deputy Governor
2: In section 50(2) the Deputy Governor
3: Replace section 50(2)(b)
a: the Deputy Governor has not adequately discharged the responsibilities of office; or
b: the Board has recommended the removal on 1 or more of the grounds specified in the Deputy Governor’s conditions of appointment under section 44(4)
4: Replace section 50(2)(c)
c: the Deputy Governor has obstructed, hindered, or prevented the Governor, the MPC, or the Board from discharging responsibilities under this Act; or
5: After section 50(2)(c)
ca: any of the matters set out in clause 19(2)(a) to (e) of Schedule 2
6: In section 50(2)(d) except as provided in his or her conditions of employment, the Deputy Governor
7: In section 50(2)(d)(iii) and (iv) an interest an ownership interest
8: After section 50(2)(d)
e: the Deputy Governor is unable to carry out the responsibilities of office, or has been guilty of serious neglect of duty, or has been guilty of misconduct.
9: Replace section 50(3)
3: The Minister may tender advice under this section whether or not the Board has made a recommendation under section 53(4) or (5)
19: Section 51 amended (Delegation)
1: In section 51(1) and (3) Deputy Chief Executive Deputy Governor
2: Replace section 51(2)
2: The Governor may, at any time, delegate any of the Governor’s functions and powers to any other officer of the Bank.
3: In section 51(4) A Deputy Governor who is not the Deputy Chief Executive and any Any other
20: Section 53 amended (Duties of Board)
1: Replace section 53(1)(a)(i)
i: its functions under sections 8 and 9 section 12
2: Replace section 53(1)(c) and (d)
c: keep under constant review the performance of the Deputy Governor in discharging the responsibilities of that office:
d: keep under constant review the performance of the MPC, and each member of the MPC, in discharging responsibilities under this Act:
3: In section 53(3)(a) functions (other than functions performed by the MPC)
4: Replace section 53(3)(c) and (d)
c: that the Governor has obstructed, hindered, or prevented the Board or the MPC from discharging responsibilities under this Act (for example, by failing to give the Board or the MPC information that is necessary to discharge those responsibilities); or
5: In section 53(3)(f) , except as provided in his or her conditions of employment
6: In section 53(3)(f)(iii) and (iv) an interest an ownership interest
7: After section 53(3)
4: The Board must advise the Minister in writing and may recommend to the Minister that the Deputy Governor be removed from office if the Board is satisfied—
a: that the Deputy Governor has not adequately discharged the responsibilities of that office; or
b: that 1 or more of the grounds specified in the Deputy Governor’s conditions of appointment under section 44(4)
c: that the Deputy Governor has obstructed, hindered, or prevented the Governor, the MPC, or the Board from discharging responsibilities under this Act; or
d: that the Deputy Governor has, while holding office as Deputy Governor,—
i: held any other office of profit; or
ii: engaged in any other occupation for reward; or
iii: had an ownership interest in a registered bank or a licensed NBDT as defined in the Non-bank Deposit Takers Act 2013 or a licensed insurer; or
iv: had an ownership interest in a bank carrying on business outside New Zealand; or
e: that the Deputy Governor is unable to carry out the responsibilities of office, or has been guilty of serious neglect of duty, or has been guilty of misconduct.
5: The Board must advise the Minister in writing, and may recommend that the Governor, Deputy Governor, or any other member of the MPC be removed from  office,  if  the  Board  is  satisfied  of  any  matter  referred  to  in clause 19(2)(a) to (e) of Schedule 2
6: The Board may act under subsections (3) to (5)
a: the principles of natural justice; and
b: a proper consideration of the matter.
21: Section 53A amended (Board must prepare annual report)
After section 53A(1)
1A: The report must—
a: include a statement as to whether, in the Board’s opinion, the MPC, the Governor, the Deputy Governor, and the other members of the MPC have adequately discharged their respective responsibilities during the financial year; and
b: describe how the Board has assessed the matter under paragraph (a)
1B: The statement must address (without limitation) whether, in the Board’s opinion, the MPC has formulated monetary policy consistent with the operational objectives set out in a remit over the financial year.
22: New sections 53B and 53C inserted
After section 53A
53B: Board must supply reports or other information to Minister
1: The Board must supply to the Minister any reports or other information relating to the performance of its duties that the Minister requests.
2: The reports or information must be supplied at the time and in the manner reasonably required by the Minister.
53C: Bank must supply reports or information to Board
1: The Bank must supply to the Board any reports or other information requested by the Board that is reasonably necessary to facilitate the performance of the Board’s duties.
2: The reports or information must be supplied at the time and in the manner reasonably required by the Board.
23: Section 54 amended (Membership of Board)
In section 54(5) 48 48A
24: Section 58 amended (Disqualification of non-executive directors)
1: In section 58 No person shall be appointed, or reappointed, to the office of non-executive director of the Bank, or hold that office, if that person— No person may be appointed or reappointed, or continue to hold, the office of non-executive director of the Bank if that person—
2: In section 58(b) an employee a director or
3: Replace section 58(c)
c: is a member of the MPC; or
ca: is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
cb: is an undischarged bankrupt; or
25: Section 59 amended (Removal from office of non-executive directors)
Replace section 59(2)(c)
c: has obstructed, hindered, or prevented—
i: the Governor from discharging the responsibilities of the Governor under this Act; or
ii: the MPC from discharging the responsibilities of the MPC under this Act.
26: Section 59A replaced (Chairperson of Board)
Replace section 59A
59A: Chairperson and deputy chairperson of Board
1: The Minister must appoint—
a: a non-executive director of the Bank to be chairperson of the Board; and
b: another non-executive director of the Bank to be deputy chairperson of the Board.
2: A chairperson or deputy chairperson holds that office for a term determined by the Minister unless that person—
a: resigns from that office; or
b: is removed from that office, at any time, by the Minister; or
c: ceases to be a non-executive director.
3: A chairperson or deputy chairperson whose term of office has expired—
a: is eligible for reappointment so long as that person continues to be a non-executive director; and
b: continues to hold that office until a successor is appointed.
4: A vacancy in the office of chairperson or deputy chairperson must be filled as soon as practicable in the manner set out in subsection (1)
27: Section 60 amended (Meetings of Board)
Replace section 60(5)
5: If a vote is tied, the following has a casting vote:
a: the chairperson:
b: the deputy chairperson or other director presiding at the meeting in accordance with section 60C.
28: Section 60C amended (Who presides at meetings of Board)
Replace section 60C(2) and (3)
2: The deputy chairperson must be the chairperson for the meeting if—
a: the chairperson is not present; or
b: there is no chairperson; or
c: the chairperson is present, but is unwilling or unable to preside.
3: Despite subsection (2), another non-executive director appointed by the other non-executive directors must be the chairperson for the meeting instead of the deputy chairperson if—
a: the deputy chairperson is not present; or
b: there is no deputy chairperson; or
c: the deputy chairperson is present, but is unwilling or unable to preside.
4: The deputy chairperson or that non-executive director has and may exercise and perform all the powers, duties, and functions of the chairperson for the purposes of that meeting.
29: New sections 63A to 63N and cross-headings inserted
After section 63 Monetary policy committee
63A: Establishment of monetary policy committee
1: The monetary policy committee ( MPC
2: The MPC is a committee of the Bank.
63B: Functions of MPC
The MPC must—
a: perform the function of formulating monetary policy in accordance with this Act; and
b: perform or exercise any other function, power, or duty conferred on it under this Act.
63C: Membership of MPC
1: The MPC must have not fewer than 5 members and not more than 7 members.
2: The members must comprise—
a: the Governor:
b: the Deputy Governor:
c: 1 or 2 persons who are employees or officers of the Bank (the internal members
d: 2 or 3 persons who are not employees or officers of the Bank (the external members
3: The internal members, together with the Governor and the Deputy Governor, must be a majority of the membership of the MPC (subject to any vacancies in the membership).
63D: Charter
1: A charter must be in force under this Act ( see clauses 5 to 7 of Schedule 1 and section 63F
2: The purpose of the charter is to provide for the following to the extent that those matters are not otherwise provided for in this Act:
a: requirements to promote transparency and accountability in connection with the performance of the MPC’s functions; and
b: decision-making procedures.
63E: Content of charter
1: The charter must include the following:
a: requirements for summary records of the MPC’s meetings under clause 46 of Schedule 2
b: guidelines or requirements relating to the publication or disclosure by a member of the MPC of any matter relating to the MPC or its functions, powers, or duties.
2: The charter may also include—
a: requirements relating to other information that must or may be published by or on behalf of the MPC, including when and how that information must or may be published; and
b: decision-making procedures; and
c: any other matters that—
i: this Act provides are to be or may be dealt with by the charter; or
ii: are otherwise for the purpose set out in section 63D
3: The charter must not be inconsistent with anything in this Act.
63F: Replacement charter
1: The Minister and the MPC may agree to issue a replacement charter at any time.
2: The Minister and the MPC must consider whether it is necessary or desirable to issue a replacement charter when a new remit is to be issued by the Minister.
3: If a report is provided under section 63G
4: A replacement charter takes effect on and from—
a: the date on which it is issued; or
b: a later date specified in the charter.
5: Until a replacement charter is issued, the existing charter continues in force.
63G: Consultation about replacement charter
1: This section applies if the Bank is required to act under clauses 2 and 3 of Schedule 2
2: The Bank must, before remit advice is given under clause 2 of Schedule 2
a: whether it is necessary or desirable to issue a replacement charter; and
b: the content of a replacement charter (if any).
3: The Governor must, when the remit advice is given under clause 2 of Schedule 2
4: The Bank must, as soon as practicable after the remit is issued, publish a copy of the report on an Internet site maintained by, or on behalf of, the Bank.
63H: Publication of charter
The charter must be published on an Internet site maintained by, or on behalf of, the Bank.
63I: Status of charter
1: A charter issued under section 63F clause 6 of Schedule 1
2: However, an Order in Council under clause 7 of Schedule 1
63J: Code of conduct
1: A code of conduct for the members of the MPC must be approved by the Board.
2: The Board must ensure that a code is in force at all times.
3: The code may be amended or replaced at any time with the approval of the Board, but the Board may give its approval only if it is satisfied that the code (as amended or replaced) adequately addresses the matters in section 63K
4: The code (or the code as amended or replaced) comes into force on—
a: the date on which the Board gives its approval; or
b: a later date specified by the Board in the resolution that gives its approval.
63K: Content of code
1: The code must provide for minimum standards of conduct that must be demonstrated when acting as a member of the MPC, including—
a: rules for managing and avoiding conflicts of interest; and
b: rules for maintaining the confidentiality of information; and
c: rules to promote active participation and preparation; and
d: any other minimum standards of ethical behaviour.
2: The rules about conflicts of interest may provide for the disclosure of interests, including—
a: defining the nature of interests to be disclosed; and
b: providing for what must be disclosed, to whom disclosure is made, and how disclosures of interests must be made; and
c: providing for the consequences of non-disclosure; and
d: regulating or prohibiting participation of an interested member in decision making; and
e: providing for the establishment and maintenance of an interests register.
3: The code must not be inconsistent with anything in this Act or the charter.
63L: Publication and status of code
1: The code of conduct must be published on an Internet site maintained by, or on behalf of, the Bank.
2: The code is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.
63M: Other matters
The provisions set out in Part 2 of Schedule 2 Appointment procedure
63N: Appointment procedure
1: This section applies to the appointment of any of the following:
a: the Governor:
b: the Deputy Governor:
c: an internal or external member of the MPC.
2: The appointment of the person must be made by written notice to the appointee (with a copy to the Board and, except in the case of subsection (1)(a)
3: The notice must state—
a: the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: the term of the appointment; and
c: the conditions of appointment.
4: The Minister must ensure that the following are notified in the Gazette
a: the name of the appointee; and
b: the date on which the appointment takes effect; and
c: the term of the appointment.
30: Section 159 amended (Funding agreements)
In section 159(1)(a) (except sections 16, 32, 34, and 35) (except section 16)
31: Section 162B amended (Content of statement of intent)
1: In section 162B(1)(d) Bank (whether acting itself or through the MPC)
2: In section 162B(2) Deputy Chief Executive Deputy Governor
32: Section 163 amended (Annual reports and accounts)
In section 163(2)(d) any policy statements published under section 15 any reports published under section 15C or 15D
33: Section 165 amended (Management statements)
In section 165(1) Deputy Chief Executive Deputy Governor
34: Section 178 amended (Evidence)
Replace section 178(1)
1: A copy of a decision of the Bank or the MPC certified by the Governor to be correct is, in the absence of proof to the contrary, sufficient evidence of the decision in any proceeding.
2: Repeals and schedules
35: Repeals
The provisions set out in Schedule 1
36: Schedule 1 replaced
Replace Schedule 1 Schedule 2
37: Schedule 2 replaced
Replace Schedule 2 Schedule 3


1: Title
This Act is the Coroners (Access to Body of Dead Person) Amendment Act 2018.
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 Coroners Act 2006 principal Act 2018-12-21 Coroners Act 2006
4: Section 26 amended (Matters to be taken into account under section 25(3))
After section 26(2)(e)
ea: the ethnic origins, social attitudes or customs, or spiritual beliefs of the person who is, or of a person who is suspected to be, the dead person, or of an immediate family member of that person, that customarily require viewing, touching, or remaining with or near the body (for example, the customary requirement that immediate family members be able to view, touch, or remain with or near the body according to tikanga Māori):