1: Title
This Act is the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, and may also be cited as—
a: the New Zealand Geographic Board Act 2008; or
b: Ngā Pou Taunaha o Aotearoa Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and different purposes.
2: An order 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 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 2(1) brought into force 1 November 2008 clause 2 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act Commencement Order 2008 Section 2(1) brought into force 1 November 2009 clause 2 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act Commencement Order 2009 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: General matters and key provisions relating to New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa
1: Purpose, interpretation, and other general provisions
3: Purpose
The purposes of this Act are to—
a: provide for—
i: the continuation of the New Zealand Geographic Board as the same body as that established under the New Zealand Geographic Board Act 1946
ii: the membership of the Board, so as to ensure adequate representation on the Board of community and government interests; and
iii: the administration of the Board; and
b: establish the jurisdiction of the Board; and
c: set out the Board’s powers, functions, and duties, in particular providing for the Board to assign, approve, alter, or discontinue the use of official geographic names for geographic features within its jurisdiction, so as to achieve a co-ordinated and standardised approach to official geographic names; and
d: provide effective notification, consultation, and decision-making procedures for naming geographic features; and
e: provide the means for appropriate recognition to be accorded to cultural and heritage values associated with geographic features; and
f: enable certain administrative needs of government (including local government) to be met; and
g: provide for the Board’s role of reviewing proposals to assign official geographic names to Crown protected areas; and
h: ensure the provision of, and public access to, an authoritative record of official geographic names; and
i: repeal the New Zealand Geographic Board Act 1946
4: Interpretation
In this Act, unless the context otherwise requires,— alternative official geographic names Antarctica section 2(1) Board section 7 Crown protected area
a: land or an interest in land held under the Conservation Act 1987 Part 4
b: a government purpose reserve, historic reserve, nature reserve, recreation reserve, scenic reserve, or scientific reserve, as provided for in Part 3
c: a marine reserve, as defined in section 2
d: a national park, as defined in section 2 department district section 5 document section 4 Gazetteer section 13 GEBCO Gazetteer geographic feature feature
a: a natural feature such as a mountain, peak, valley, glen, forest, lagoon, swamp, creek, stream, river, ford, lake, glacier or ice feature, bay, island or harbour (including man-made features of the same type):
b: a railway or railway station, but not a railway feature such as a marshalling yard, transfer site, or track point location:
c: a place:
d: an undersea feature local authority section 5 locality Minister official chart official map official document
a: means a published document created by a public office or by a local authority in the course of business; and
b: includes, in relation to documents published in New Zealand or prepared in New Zealand for publication outside New Zealand (whether or not created by a public office or by a local authority in the course of business),—
i: geographic and scientific publications and manuscripts; and
ii: publications intended for travellers or tourists official geographic name
a: means—
i: the name of a geographic feature assigned, approved, or altered under this Act
ii: the names validated by section 35
b: includes—
i: the name of a Crown protected area reviewed and concurred with by the Board under subpart 3
ii: a name published in the Gazette New Zealand Geographic Board Act 1946
iii: the place names assigned, altered, or discontinued under a Treaty of Waitangi Settlement Act enacted before the commencement of this Act ; and
iv: alternative official geographic names place
a: means a city, town, village, site, area, or similar place; and
b: includes a locality and suburb; but
c: does not include a district, region, or ward of a local authority or a Crown protected area public office section 4 recorded name
a: is not an official geographic name; but
b: appears in at least 2 publications or databases that are—
i: publicly available; and
ii: in the opinion of the Board, authoritative publications or databases region section 5 suburb te reo Māori tikanga Māori undersea feature Guidelines for the Standardization of Undersea Feature Names ward section 5 Section 4 alternative official geographic names inserted 12 December 2012 section 4(1) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012 Section 4 official geographic name amended 12 December 2012 section 4(2) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012 Section 4 official geographic name amended 12 December 2012 section 4(3) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012 Section 4 official geographic name inserted 12 December 2012 section 4(3) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
5: Act to bind the Crown
This Act binds the Crown.
6: Treaty of Waitangi (Te Tiriti o Waitangi)
In order to recognise and respect the Crown’s responsibility to take appropriate account of the Treaty of Waitangi (Te Tiriti o Waitangi),—
a: section 11(1)(d)
b: section 11(1)(e)
c: clause 1(2)(a)
2: New Zealand Geographic Board: its jurisdiction, powers, functions, and duties
Board
7: Continuation of Board
1: The New Zealand Geographic Board established by section 3
2: The Board is a body corporate with perpetual succession.
3: Schedule 1 Jurisdiction and powers of Board
8: Extent of Board’s jurisdiction
1: The Board has jurisdiction to exercise its powers and to carry out its functions and duties under this Act or any other enactment in relation to geographic features and Crown protected areas within—
a: the territorial limits of New Zealand; and
b: the continental shelf, as defined in section 2(1)
c: the Ross Dependency, as defined in section 7(1)
2: In addition, the Board may exercise its powers and carry out its functions and duties under this Act, as far as they are relevant, in relation to those parts of Antarctica outside the Ross Dependency.
3: However, the Board does not have jurisdiction to assign a name to, or alter the name of, New Zealand.
9: General powers of Board
1: For the purpose of performing its functions and duties, the Board has—
a: full capacity to undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
2: Subsection (1) applies subject to this Act, other enactments, and the general law. Functions of Board
10: Principal functions of Board
1: The principal functions of the Board, in relation to any geographic feature within its jurisdiction, are to—
a: assign an official geographic name:
b: approve a recorded name as an official geographic name:
c: alter an official geographic name or recorded name by—
i: substituting another name; or
ii: correcting the spelling of the name:
d: discontinue the use of an official geographic name or recorded name:
e: investigate and determine the position or extent of the geographic feature in respect of which the Board—
i: assigns an official geographic name:
ii: approves a recorded name:
iii: alters the official geographic name.
2: Any proposal to assign a name to, or alter the name of, a Crown protected area must be reviewed by the Board in accordance with sections 27 to 30
3: This section and section 11 1946 No 3 s 9(1)
11: Other functions of Board
1: In order to carry out its principal functions under section 10
a: adopt policies, rules, standards, protocols, guidelines, or similar instruments for carrying out its functions, including, but not limited to, rules, standards, protocols, or guidelines that it considers appropriate for the spelling and systematic designation of official geographic names:
b: examine cases of doubtful spelling of names and determine the spelling to be adopted on official charts or official maps:
c: investigate and determine the priority of the discovery of any geographic feature:
d: collect original Māori names for recording on official charts and official maps:
e: encourage the use of original Māori names on official charts and official maps:
f: seek advice from Te Taura Whiri i te Reo Māori (the Māori Language Commission) on the correct orthography of any Māori name:
g: undertake research into any proposal to name or alter the name of a geographic feature:
h: undertake other functions necessary to enable it to act effectively under this Act or any other enactment.
2: Without limiting section 260
a: consents to the alteration; or
b: requests the alteration.
3: If the Board carries out the function provided for by subsection (2), the provisions of sections 16 1946 No 3 ss 8(1) 10 Duties of Board
12: Duties of Board
The Board must—
a: administer the Gazetteer as provided for by section 13
b: in consultation with the Minister of Conservation, develop rules, standards, or guidelines for naming Crown protected areas; and
c: make inquiries and recommendations on any matters referred to it by the Minister; and
d: carry out any other functions or duties given to it or required by or under this Act or other enactment. 1946 No 3 s 8(1)(g) Gazetteer
13: Gazetteer to be created by Board
1: The Board must establish and maintain a publicly available record known as the New Zealand Gazetteer of Official Geographic Names.
2: The Gazetteer must record all official geographic names and the relevant Gazette
3: The Gazetteer—
a: must include a record of—
i: the type of geographic feature or Crown protected area that is named; and
ii: the positional reference for the feature or area; and
b: may include—
i: any background information relevant to the history and name of the geographic feature or Crown protected area that is named; and
ii: information on the spatial extent of the geographic feature or Crown protected area that is named. Reporting duty
14: Annual report
1: The Board must report annually to the Minister on the performance of its functions and duties and the exercise of its powers.
2: The report must include a copy of the part of the audited accounts of Land Information New Zealand that relate to the Board’s expenditure for that year.
3: A summary of the annual report of the Board must be included in the annual report of Land Information New Zealand presented to the House of Representatives under section 44 Section 14(3) amended 1 July 2014 section 104 Public Finance Amendment Act 2013
2: Naming of geographic features and Crown protected areas
1: Process for naming geographic features
Proposals
15: Proposals may be submitted to Board
1: Any person may submit a proposal to the Board, in relation to a geographic feature within the Board’s jurisdiction, to—
a: assign an official geographic name to the feature; or
b: alter the existing name of the feature, for example, by—
i: substituting another name; or
ii: correcting the spelling of the name; or
c: discontinue the use of the name of the feature.
2: A proposal must—
a: be in the form provided for the purpose by the Board; and
b: meet the requirements specified by the Board; and
c: include the evidence necessary to support the proposal.
3: In this subpart, proposal subsection (1) Process for approval of proposal
16: Notification of proposal
1: This section and sections 17 to 21
a: submitted to the Board under section 15
b: made by the Board under section 10(1)(a) subpart 2
2: Before the Board assigns, approves, or alters an official geographic name or recorded name, or discontinues the use of an official geographic name or recorded name, the Board must give public notice of the proposal—
a: in the Gazette
b: as soon as practicable after it has been gazetted, at least once—
i: in a newspaper, periodical publication, or other news publication that circulates nationally, or by any other practicable means (including electronic media); and
ii: in a publication that circulates particularly in the area relevant to the proposal.
3: The notices must, in each case, specify—
a: the geographic feature and the name proposed for it; and
b: the date by which submissions must be received by the Board (which must not be sooner than 1 month after the date of the public notice given under subsection (2)(b)); and
c: the manner in which submissions must be given; and
d: the contact details of the Board. 1946 No 3 s 12
17: Submissions
A person making a submission on a proposal—
a: must state, with reasons, whether that person supports or objects to the proposal; and
b: may, if that person objects to the proposal, set out an alternative proposal or support the existing name, if any. 1946 No 3 s 13(1)
18: Board to consider submissions and decide on objections
1: As soon as is reasonably practicable after the closing date for submissions on a proposal, the Board must—
a: consider any submissions; and
b: in relation to any objections, decide whether to uphold those objections or reject them.
2: The Board may obtain any further information necessary to enable it to decide on an objection.
19: Determination by Board
1: The Board must make a determination on a proposal if it—
a: receives no objections on the proposal within the time notified; or
b: receives objections on a proposal and agrees with the objections.
2: The Board may obtain any further information necessary to enable it to determine a proposal.
3: The Board’s determination of a proposal is final. 1946 No 3 ss 13(2) 14
20: Determination by Minister
1: If the Board does not make a determination under section 19(1)
a: a summary of submissions; and
b: its decision on the proposal, together with its reasons for that decision.
2: The Minister, after making any inquiry he or she thinks fit, may determine the proposal by confirming, modifying, or rejecting the decision of the Board.
3: The Minister’s determination on a proposal is final. 1946 No 3 s 13
21: Publication of official geographic names
1: This section applies to determinations other than those that relate to the function of the Board to alter the name of a district or region, as provided for by section 11(2)
2: The Board must give public notice of a determination made under section 19 20
a: in the Gazette
b: as soon as practicable after it has been gazetted, at least once—
i: in a newspaper, periodical publication, or other news publication that circulates nationally, or by any other practicable means (including electronic media); and
ii: if appropriate, in a publication that circulates particularly in the area relevant to the proposal.
3: The notices must, in each case, state—
a: that the name is the official geographic name for the specified geographic feature; and
b: the date when the determination takes effect, which must be—
i: the date of the Gazette
ii: a date specified in the Gazette Gazette 1946 No 3 s 15
22: Alteration of name of local authority
1: This section applies if the Board carries out the function to alter the name of a district or region provided for under section 11(2)
2: Before the Board may give public notice of a determination to alter the name of a district or region, it must request the Minister to recommend to the Governor-General to make an Order in Council under section 260 Schedule 2
3: An Order in Council must specify the date when the amendment takes effect, which must allow the Board sufficient time to give public notice as required by section 23(2)(a)
23: Notification of alteration of name of district or region
1: As soon as is reasonably practicable after the Governor-General has made an Order in Council in accordance with section 22(2)
2: The notice required by subsection (1) must—
a: be given in accordance with section 21(2)
b: state the date on which the determination takes effect, which must be the date stated in the Order in Council made under section 22(2)
2: Exceptions to certain notification requirements
Circumstance where no public objection likely
24: Discretion not to give public notice
1: This section applies if the Board, in carrying out its functions under section 10(1)(b)
2: Without giving public notice under section 16
a: approve a recorded name as the official geographic name for a geographic feature, if there are no known alternative recorded names for that geographic feature:
b: discontinue the use of an official geographic name for a geographic feature.
3: The Board must, as soon as is reasonably practicable, give public notice in accordance with section 21(2) Features outside territorial limits of New Zealand
25: Geographic features outside territorial limits
1: The provisions of sections 16
a: assigning an official geographic name; or
b: altering an official geographic name.
2: However, the Board must—
a: consult with any relevant national and international naming authorities that it considers appropriate; and
b: as soon as is reasonably practicable, give public notice of the official geographic name in accordance with section 21(2)
26: Adoption of existing names for undersea features
1: The Board may review, and, if appropriate, adopt as official geographic names the existing names of undersea features that are within the Board’s jurisdiction, for example, names published in the GEBCO Gazetteer or on official charts or official maps.
2: If the Board exercises its power under subsection (1),—
a: the provisions of sections 16
b: the Board must, as soon as is reasonably practicable, give public notice of the names adopted under subsection (1) in accordance with section 21(2)
3: Review of proposals for naming Crown protected areas
Proposals notified and consulted on under another enactment
27: Process for review
1: This section applies if a proposal relating to a Crown protected area—
a: includes a proposal for naming that area; and
b: is made under an enactment that provides a power to assign a name to, or alter the name of, the Crown protected area, whether or not there is a requirement in that enactment for public notice of, and consultation on, the proposed name.
2: The person who makes the proposal must—
a: first comply with any requirements of the enactment in relation to the proposed name; and
b: then refer the proposed name, with supporting documentation, to the Board for review under subsection (3)
3: The Board must review a proposed name in accordance with the policies, rules, standards, or guidelines developed under section 12(b)
28: Process if Board concurs
1: If the Board concurs with a proposed name it reviews under section 27(3) Gazette
a: need not give notice of the name in the Gazette section 21(2)(a)
b: must give notice of the name in accordance with section 21(2)(b)
2: However, if the relevant enactment does not provide for public notice of the name to be given or for the name to be included in a Gazette section 21(2)
29: Process if Board does not concur
1: Despite the requirements of any other enactment, if the Board does not concur with a proposed name reviewed under section 27(3)
2: As soon as is reasonably practicable,—
a: the Minister of Conservation must advise the Board of that determination; and
b: the Board must give public notice of that determination in accordance with section 21(2) Proposals not notified and consulted on under another enactment
30: Process for review if public notice not given
1: This section applies to a proposal to assign a name to, or alter the name of, a Crown protected area if—
a: there is no statutory requirement for public notice and consultation in relation to a proposed name; and
b: the person making the proposal has not otherwise given public notice and undertaken consultation on the proposed name.
2: The person who makes the proposal must refer the proposed name to the Board.
3: The Board must—
a: give public notice in accordance with section 16
b: receive any submissions made in accordance with section 17
c: forward any submissions to the person making the proposal.
4: The person who makes the proposal must—
a: consider any submissions and decide whether to proceed, either with the original proposed name or with a different name; and
b: if that person decides to proceed, refer the proposed name, with supporting documentation, to the Board for review in accordance with section 27(3) Status of names of Crown protected areas
31: Names of Crown protected areas
A name assigned to, or altered for, a Crown protected area in accordance with this subpart is the official geographic name of that area. Requirement to notify Board if name discontinued Heading inserted 12 December 2012 section 5 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
31A: Requirement to notify Board if name of Crown protected area discontinued
1: The Minister of Conservation must, as soon as is reasonably practicable, notify the Board if the name assigned to a Crown protected area in accordance with this subpart is discontinued—
a: because the area—
i: has ceased to be a Crown protected area; or
ii: has been included in another Crown protected area; or
b: for any other reason.
2: On receipt of notification under subsection (1), the Board must remove the name of the Crown protected area from the list of official geographic names in the Gazetteer. Section 31A inserted 12 December 2012 section 5 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
3: Miscellaneous provisions
Use of official geographic names
32: Official geographic names must be used
1: If there is an official geographic name for a geographic feature or Crown protected area, that name must be used in all official documents.
1A: If 2 or more alternative official geographic names exist for the same geographic feature or Crown protected area, the use of any 1 of those names, or all of those names, is sufficient to comply with subsection (1).
2: However, subsection (1) does not apply if an official document containing a name other than an official geographic name states that the particular name is not the official geographic name of the geographic feature or Crown protected area to which it applies. 1946 No 3 s 18(1) Section 32(1A) inserted 12 December 2012 section 6 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
33: Injunction may be granted by Court
1: The High Court may, on the application of the Board, grant an injunction to prevent a person from publishing a name in an official document in breach of section 32
2: The High Court may rescind or vary an injunction granted under this section.
3: If the Board applies to the High Court for the grant of an interim injunction, the Court must not,—
a: as a condition of granting an interim injunction, require the Board to give an undertaking as to damages; or
b: take into account the fact that the Board is not required to give an undertaking as to damages. Savings
34: Rights of local authorities not affected
If the Board exercises any of its functions in relation to the naming of a geographic feature under this Act,—
a: the rights and obligations of a local authority in respect of the geographic feature are not affected; and
b: legal proceedings—
i: are not invalidated solely because of the exercise of the function; and
ii: may be continued or commenced under the official geographic name approved, assigned, or altered under this Act. 1946 No 3 s 16
35: Validation of certain names
1: In relation to actions taken before the commencement of this Act, this section applies to every name—
a: that the Board has assigned to, or altered for, a geographic feature in Antarctica, whether or not that name has been gazetted; and
b: assigned to, or altered for, a Crown protected area under an enactment, whether or not the proposed name—
i: was publicly notified and consulted on; or
ii: gazetted under, or included in, the enactment.
2: The names referred to in subsection (1) are official geographic names and as valid as if they had been assigned or altered in accordance with this Act.
3: The Board must, as soon as is reasonably practicable after the commencement of this Act, publish in the Gazette 1946 No 3 s 17 Proof of status as official geographic name
36: Publication in
Gazette A copy of a Gazette 1946 No 3 s 15(3) Repeal and amendments
37: Repeal
The New Zealand Geographic Board Act 1946 OIC SR 2008/301 2008-11-01 New Zealand Geographic Board Act 1946
38: Consequential amendments
The Acts specified in Schedule 2 OIC SR 2008/301 2008-11-01 Conservation Act 1987 Local Government Act 2002 Marine Reserves Act 1971 National Parks Act 1980 Ngai Tahu Claims Settlement Act 1998 Official Information Act 1982 Ombudsmen Act 1975 Reserves Act 1977


Mauao Historic Reserve Vesting Act 2008

1: Title
This Act is the Mauao Historic Reserve Vesting Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— deed of trust
a: means the deed of trust, dated 2 July 2007, between Te Runanganui o Tauranga Moana Incorporated (as settlor) and the trustees (being representatives of Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga) establishing the Mauao Trust; and
b: includes any amendments validly made to the deed Mauao historic reserve
a: described in Schedule 1
b: declared to be a historic reserve by Gazette Mauao Trust Minister Ngāi Te Rangi Ngāti Pūkenga Ngāti Ranginui trustees vesting agreement Waitaha
4: Act binds the Crown
This Act binds the Crown.
2: Vesting of Mauao historic reserve and related matters
Vesting of Mauao historic reserve
5: Mauao historic reserve vested in trustees of Mauao Trust
1: The fee simple estate in Mauao historic reserve is vested, by way of gift, in the trustees of the Mauao Trust subject to—
a: this Act; and
b: the encumbrances set out in Schedule 2
c: any authority granted to the Tauranga City Council under the Heritage New Zealand Pouhere Taonga Act 2014
d: any statutory access or other rights in relation to the reserve that any person may have (including rights of access under the Cadastral Survey Act 2002 Maritime Transport Act 1994
2: The trustees must hold the fee simple estate on trust for Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga in accordance with the deed of trust.
3: This section is subject to section 7 Section 5(1)(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
6: Trustees must not dispose of, transfer, or charge Mauao historic reserve
1: The trustees must not dispose of, transfer, or charge Mauao historic reserve or any part of it.
2: Subsection (1) is subject to section 8
7: Mauao historic reserve status preserved
1: Mauao historic reserve—
a: remains a historic reserve under the Reserves Act 1977
b: for that purpose—
i: the Minister continues to have, in respect of it, the functions, obligations, and powers that the Minister has under the Reserves Act 1977
ii: the Tauranga City Council continues to be appointed as the administering body of the reserve under section 28
2: However, this section does not entitle the Minister to exercise—
a: the power under section 26
b: the power under section 15 section 8
3: Unless and until the reservation of Mauao historic reserve as a reserve is revoked under the Reserves Act 1977 Exchange of part of Mauao historic reserve
8: Exchange of part of Mauao historic reserve
1: The Minister may authorise the exchange of part of Mauao historic reserve in accordance with section 15
2: If the Minister acts in accordance with subsection (1),—
a: the fee simple in the part of the reserve that is exchanged—
i: ceases to be vested in the trustees; and
ii: is no longer subject to this Act or the Reserves Act 1977
b: the land acquired by way of the exchange—
i: vests in fee simple in the trustees; and
ii: is held by the trustees on trust for Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga in accordance with the deed of trust; and
iii: is held as part of Mauao historic reserve subject to—
A: the same control and management and for the same objects and purposes as those for which the land given in exchange was held; and
B: this Act and the Reserves Act 1977 Revocation of reserve status
9: Revocation of reserve status
1: If the Minister revokes the reservation of Mauao historic reserve, or a part of it, as a reserve under section 24
a: the fee simple in the reserve (or the part of it that ceases to be reserve) remains vested in the trustees, subject to any restrictions, encumbrances, liens, or interests specified in the Gazette
b: sections 7 8
2: To avoid doubt, and without limiting subsection (1)(b), Mauao historic reserve (or the part of it that ceases to be reserve) does not become—
a: Crown land available for disposal under the Land Act 1948 section 25
b: land over which the Minister may specify, under section 25 Vesting has no effect on existing rights
10: Vesting has no effect on existing rights
The vesting of Mauao historic reserve under section 5(1)
a: who is not a party to the vesting agreement, including any rights or obligations in relation to the ownership, management, or control of fixtures, structures, and improvements (including trees) attached to, on, or under the reserve; and
b: that arise before any revocation of its reservation as a reserve. Particular application of other enactments and general law
11: Application of other enactments
1: Nothing in section 11 Part 10 section 5(1)
2: The vesting of Mauao historic reserve under section 5(1) section 10 11
3: The vesting of Mauao historic reserve under section 5(1) Part 4A
a: the reservation of the reserve as a reserve is revoked, in which case—
i: the reserve is to be treated as having been disposed of by the Crown for the purposes of Part 4A
ii: that Part, other than sections 24(2A) 24A 24AA 24B
b: the reservation of part of the reserve as a reserve is revoked, in which case—
i: the part of the reserve is to be treated as having been disposed of by the Crown for the purposes of Part 4A
ii: that Part, other than sections 24(2A) 24A 24AA 24B Section 11(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
12: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: the Mauao Trust may exist in law; or
b: the trustees (in their capacity as trustees) may hold or deal with property (including income derived from the property). Section 12 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 12 amended 30 January 2021 section 161 Trusts Act 2019 Waitaha statement of recognition
13: Waitaha statement of recognition
1: The Crown, Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga acknowledge the statement of recognition of Waitaha in Schedule 3
2: However, the statement of recognition—
a: must not affect, or be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw made by a local authority under an enactment; and
b: does not affect the lawful rights or legal obligations of any person; and
c: does not grant, create, or affect any interests or rights relating to Mauao historic reserve. Miscellaneous provisions
14: Registration of ownership
1: The Registrar-General of Land must, on written application by the Minister of Māori Affairs, comply with subsections (2) and (3).
2: The Registrar-General of Land must—
a: register the trustees as the proprietors of the fee simple estate in Mauao historic reserve; and
b: make the entry in the register; and
c: include a notification on the entry recording that the reserve—
i: was vested in accordance with this Act; and
ii: is subject to this Act, including a specific reference to sections 5(1) 11(3)
3: However, if Mauao historic reserve does not comprise all the land in a computer freehold register, or there is no computer freehold register for all or part of the reserve, the Registrar-General must instead—
a: create a computer freehold register and register the trustees as the proprietors of the fee simple estate in Mauao historic reserve; and
b: include a notification on the entry recording that the reserve—
i: was vested in accordance with this Act; and
ii: is subject to this Act, including a specific reference to sections 5(1) 11(3)
4: The Registrar-General of Land complies with subsection (2)(a) or (3)(a) by registering the trustees as the proprietors using the words the trustees for the time being of Mauao Trust
5: Subsection (3) applies subject to any survey necessary to facilitate the creation of the computer freehold register being completed.
6: A computer freehold register must be created under this section as soon as is reasonably practicable but no later than—
a: 2 years after the reserve vests in the trustees; or
b: any later date that may be agreed in writing by the trustees and the Crown.
7: This section overrides sections 26A(3) 112(2) 116
15: Alteration of Schedule 1 by Order in Council
1: The Governor-General may, by Order in Council, make amendments to Schedule 1
a: the legal description of Mauao historic reserve resulting from an exchange of land authorised by the Minister under section 8
b: the computer freehold register for Mauao historic reserve.
2: An order 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 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 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021


1: Title
This Act is the Maniapoto Maori Trust Board Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Maniapoto Maori Trust Board Act 1988 2008-05-23 Maniapoto Maori Trust Board Act 1988
4: Interpretation
The definition of Te Mauri o Maniapoto section 2 Mauri Kaumātua Kaunihera
5: Section 5 repealed
Section 5
6: New section 6 substituted
Section 6
6: Membership of Board
The Board consists of 15 persons, appointed or elected as follows:
a: 6 members elected by the beneficiaries of the Board in accordance with the Maori Trust Boards Regulations 1985; and
b: 7 members elected by the Regional Management Committees in accordance with the Maori Trust Boards Regulations 1985; and
c: 1 member appointed by the Governor-General on the recommendation of the Minister of Māori Affairs, nominated by, and representing, Te Arikinui; and
d: 1 member appointed by the Governor-General on the recommendation of the Minister of Māori Affairs, nominated by, and representing, Te Kaumātua Kaunihera o Maniapoto.
7: Te Mauri o Maniapoto
1: The heading to section 7 Mauri Kaumātua Kaunihera
2: Section 7 Mauri Kaumātua Kaunihera
8: Orders revoked
The following orders are revoked:
a: Maniapoto Maori Trust Board Order 1999
b: Maniapoto Maori Trust Board Order 2002 2008-05-23 Maniapoto Maori Trust Board Order 1999 Maniapoto Maori Trust Board Order 2002


Maori Trust Boards Amendment Act 2008

1: Title
This Act is the Maori Trust Boards Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Maori Trust Boards Act 1955 2008-05-23 Maori Trust Boards Act 1955
4: Interpretation
1: Section 2 adult beneficiary .
2: Section 2
2: The definition of adult beneficiary
5: Tuwharetoa Maori Trust Board
1: Section 10(1) (the Board
2: Section 10
2: Without further appropriation than this section, the sum of $1,500,000, or a greater or lesser sum that is agreed between the Crown and the Board, in accordance with the deed defined in subsection (3)
3: In subsection (2) deed Crown
6: Validation
The election of any member of a Maori Trust Board before the commencement of this Act
7: Consequential and other amendments
The Maori Trust Boards Regulations 1985 Schedule 2008-05-23 Maori Trust Boards Regulations 1985


Treaty of Waitangi Amendment Act 2008

1: Title
This Act is the Treaty of Waitangi Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Treaty of Waitangi Act 1975 2008-05-23 Treaty of Waitangi Act 1975
4: Waitangi Tribunal
Section 4(2)(b) 16 20
5: Jurisdiction of Tribunal to consider claims
Section 6
8: Despite anything in this Act or in any other Act or rule of law,—
a: the jurisdiction of the Tribunal is subject to the enactments listed in Schedule 3
b: without limiting paragraph (a)
6: New Schedule 3 added
The Schedule 3 Schedule 1
7: Consequential amendments
The Acts listed in Schedule 2 2008-05-23 Ngaa Rauru Kiitahi Claims Settlement Act 2005 Ngāi Tahu Claims Settlement Act 1998 Ngāti Awa Claims Settlement Act 2005 Ngāti Mutunga Claims Settlement Act 2006 Ngati Ruanui Claims Settlement Act 2003 Ngati Tama Claims Settlement Act 2003 Ngāti Tūrangitukua Claims Settlement Act 1999 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 Pouakani Claims Settlement Act 2000 Te Arawa Lakes Settlement Act 2006 Te Uri o Hau Claims Settlement Act 2002 Waikato Raupatu Claims Settlement Act 1995


Te Ture Whenua Maori Amendment Act 2008

1: Title
This Act is—
a: Te Ture Whenua Maori Amendment Act 2008; or
b: the Maori Land Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends Te Ture Whenua Maori Act 1993 2008-05-23 Te Ture Whenua Maori Act 1993
4: Trustees may act by majority
Section 227
5: Accounts and balance sheet
Section 276(1) incorporaton incorporation
6: Appointment and duties of auditor
Section 277
1A: This section does not apply to a Maori incorporation that had gross revenue of $25,000 or less for its most recently completed financial year, unless the shareholders of that Maori incorporation resolve by special resolution that the accounts of the Maori incorporation should be audited under this section.


1: Title
This Act is the Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: In Part 1 sections 3 4 9 11
a: the subsections (1)
b: the subsections (2)
c: the subsections (3)
d: the subsections (4)
3: In Part 1 section 11
a: subsection (1)
b: subsection (2)
c: subsection (3)
d: subsection (4)
4: In Part 2 sections 12 17
a: the subsections (1)
b: the subsections (2)
c: the subsections (3)
5: In Part 3
a: Sections 59 60
b: Sections 24 25 26(1) 27 28 29 30 32 33 34 35 36 37 38 43 44 45 46 48(2) 49 50 56 58
c: Sections 20 21 22 23 31 48(4) 55 57
d: Sections 39 40 41 42 47 51 52
e: Section 26(2)
1: Personal tax cuts and Working for Families tax credit increase: 2008–09 start
3: Application
In this Part sections 4 9
a: the subsections (1)
b: the subsections (2)
c: the subsections (3)
d: the subsections (4) Amendments to Income Tax Act 2007
4: Income Tax Act 2007
Sections 5 2008-04-01 Income Tax Act 2007 2009-04-01 Income Tax Act 2007 2010-04-01 Income Tax Act 2007
5: Calculation of family tax credit
1: In section MD 3(4)
a: in paragraph (a)(i), $4,264 $4,376
b: in paragraph (a)(ii), $4,940 $5,069
c: in paragraph (b)(i), $2,964 $3,042
d: in paragraph (b)(ii), $3,380 $3,469
e: in paragraph (b)(iii), $4,420 $4,536
2: In section MD 3(4)
a: in paragraph (a)(i), $4,376 $4,487
b: in paragraph (a)(ii), $5,069 $5,198
c: in paragraph (b)(i), $3,042 $3,119
d: in paragraph (b)(ii), $3,469 $3,557
e: in paragraph (b)(iii), $4,536 $4,651
6: Calculation of family credit abatement
1: In section MD 13(3)(a)(i) $35,000 $35,914
2: In section MD 13(3)(a)(i) $35,914 $36,827
7: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits: part A
1: Schedule 1 Table 1 Row Range of dollar in taxable income Tax rate 1 $0 – $9,500 0.1375 2 $9,501 – $14,000 0.1675 3 $14,001 – $38,000 0.2100 4 $38,001 – $40,000 0.2700 5 $40,001 – $60,000 0.3300 6 $60,001 – $70,000 0.3600 7 $70,001 upwards 0.3900 How to use this table:Find the range in the second column for each dollar in the person's taxable income, and apply the relevant rate for the dollar in the third column.
2:
3:
4: Section 7(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 7(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 7(4) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
8: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits: part C
1: Schedule 1 Table 1 Row Range of dollar in all-inclusive pay Tax rate 1 $0 – $8,194 0.1594 2 $8,195 – $11,940 0.2012 3 $11,941 – $30,900 0.2658 4 $30,901 – $32,360 0.3699 5 $32,361 – $45,760 0.4925 6 $45,761 – $52,160 0.5625 7 $52,161 upwards 0.6393 How to use this table:Find the range in the second column for each dollar in the person's all-inclusive pay under section RD 51, and apply the relevant rate for the dollar in the third column.
2:
3:
4: Section 8(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 8(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 8(4) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Amendments to Tax Administration Act 1994
9: Tax Administration Act 1994
Sections 10 11 Tax Administration Act 1994 2008-04-01 Tax Administration Act 1994 2008-07-01 Tax Administration Act 1994 2009-04-01 Tax Administration Act 1994 2010-04-01 Tax Administration Act 1994
10: Annual returns of income not required
1: In section 33A(1)(b)
a: before subparagraph (iv)(A), the following is inserted:
AA: schedule 1, part D, table 2, row 1, 2, or 3 of the Income Tax Act 2007 if that person's annual gross income is more than $38,000 but not more than $40,000; or :
b: in subparagraph (iv)(A), more than $38,000 but not more than $60,000 more than $40,000 but not more than $60,000
c: after subparagraph (iv)(A), the following is inserted:
BA: schedule 1, part D, table 2, row 3, 4, or 5 of the Income Tax Act 2007 if that person's annual gross income is more than $60,000 but not more than $70,000; or :
d: in subparagraph (iv)(B), more than $60,000 more than $70,000
e: before subparagraph (v)(A), the following is inserted:
AA: schedule 2, part B, table 1, row 1 or 2 of the Income Tax Act 2007 if that person's annual gross income is more than $38,000 but not more than $40,000; or :
f: in subparagraph (v)(A), more than $38,000 but not more than $60,000 more than $40,000 but not more than $60,000
g: after subparagraph (v)(A), the following is inserted:
BA: schedule 2, part B, table 1, row 2 or 3 of the Income Tax Act 2007 if that person's annual gross income is more than $60,000 but not more than $70,000; or :
h: in subparagraph (v)(B), more than $60,000 more than $70,000
i: before subparagraph (vi)(A), the following is inserted:
AA: schedule 2, part A, clause 4 or 5 of the Income Tax Act 2007 if that person's annual gross income is more than $38,000 but not more than $40,000; or :
j: in subparagraph (vi)(A), more than $38,000 but not more than $60,000 more than $40,000 but not more than $60,000
k: after subparagraph (vi)(A), the following is inserted:
BA: schedule 2, part A, clause 5 or 6 of the Income Tax Act 2007 if that person's annual gross income is more than $60,000 but not more than $70,000; or :
l: in subparagraph (vi)(B), more than $60,000 more than $70,000
m: in subparagraph (via), more than $60,000 more than $70,000
n: in subparagraph (vib), more than $38,000 more than $40,000
2:
3:
4: Section 10(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 10(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 10(4) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
11: Returns not required for certain providers of personal services
1: In section 33C
a: in paragraph (b), $9,500 $14,000
b: in paragraph (c), rate of 15% from rate of 15% or 12.5% from
2: In section 33C(c) rate of 15% or 12.5% from rate of 12.5% from
3:
4: Section 11(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 11(4) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
2: Personal tax cuts: 1 October 2008 start
Amendments to Income Tax Act 2007
12: Income Tax Act 2007
Sections 13 2008-10-01 Income Tax Act 2007 2010-04-01 Income Tax Act 2007
13: Withdrawals
1: In section CS 1(7)(b) $60,000 $70,000
2:
3: Section 13(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 13(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
14: Amounts of tax for PAYE income payments
1: In section RD 10(2)(a) $60,000 $70,000
2:
3: Section 14(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 14(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
15: Payment of extra pay with other PAYE income payments
1: Section RD 17(2) Between $40,000 and $70,000
2: If the sum of the amounts referred to in subsection (1) is more than $40,000 but no more than $70,000, the amount of tax for the extra pay that must be withheld is the amount determined using the basic amounts of tax for PAYE income payments set out in schedule 2, part B, table 1, row 2 (Basic tax rates for PAYE income payments). Over $70,000
3: If the sum of the amounts referred to in subsection (1) is more than $70,000, the amount of tax for the extra pay that must be withheld is the amount determined using the basic amounts of tax for PAYE income payments set out in schedule 2, part B, table 1, row 3.
2:
3: Section 15(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 15(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
16: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits: part D
1: Schedule 1 Table 1 Row ESCT rate threshold amount Tax rate 1 $0 – $16,800 0.125 2 $16,801 – $48,000 0.210 3 $48,001 upwards 0.330 How to use this table:Find the range in the second column for the last dollar of the amount of salary or wages under section RD 69(1), and apply the relevant rate in the third column.
2:
3: Section 16(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 16(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Amendments to Tax Administration Act 1994
17: Tax Administration Act 1994
Section 18 2008-10-01 Tax Administration Act 1994 2010-04-01 Tax Administration Act 1994
18: PAYE tax codes
1: Section 24B(3)(c) to (e)
c: S
d: SH
e: ST .
2:
3: Section 18(2) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008 Section 18(3) repealed 15 December 2008 section 41 Taxation (Urgent Measures and Annual Rates) Act 2008
3: Annual rates, consequential personal tax cuts amendments, and remedial matters
Amendments to Income Tax Act 2007
19: Income Tax Act 2007
Sections 20 2008-04-01 Income Tax Act 2007 2008-05-29 Income Tax Act 2007 2008-07-01 Income Tax Act 2007 2008-10-01 Income Tax Act 2007 2009-04-01 Income Tax Act 2007
20: Charities: non-business income
1: In section CW 41(2) registered as a charitable entity a tax charity
2: After section CW 41(4) Definition
5: In this section and sections CW 42 and CW 43, tax charity
a: a trustee or trustees of a trust, a society, or an institution, registered as a charitable entity under the Charities Act 2005:
b: a trustee or trustee of a trust, a society, or an institution (the entity
i: has started, before 1 July 2008, to take reasonable steps in the process of preparing an application for registering the entity as a charitable entity under the Charities Act 2005; and
ii: intends to complete the process of preparing an application described in subparagraph (i)
iii: has not been notified by the Commissioner that the entity is not a tax charity:
c: a trustee or trustee of a trust, a society, or an institution, that is or are non-resident and carrying out its or their charitable purposes outside New Zealand, and which is approved as a tax charity by the Commissioner in circumstances where registration as a charitable entity under the Charities Act 2005 is unavailable.
3: In section CW 41 registered as a charitable entity tax charity
21: Charities: business income
1: In section CW 42(1)(b) registered as a charitable entity a tax charity
2: In section CW 42 tax charity
22: Charitable bequests
1: In section CW 43(4) registered as a charitable entity a tax charity
2: In section CW 43(5) registered as a charitable entity a tax charity
3: In section CW 43(6) registered as a charitable entity a tax charity
4: In section CW 43 registered as a charitable entity tax charity
23: New section CW 55BA
After section CW 55
CW 55BA: Tertiary education institutions
An amount of income derived by a tertiary education institution that is established under Part 14 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual is exempt income. Defined in this Act: exempt income, income .
24: Heading and section LC 1 repealed
1: The heading before the heading to section LC 1
2: Subsection (1)
25: Section LC 2 repealed
1: Section LC 2
2: Subsection (1)
26: Child's income
1: In section LC 3
a: in subsection (3)(a), $351 $321.75
b: in subsection (4), in the formula, 15 13.75
2: In section LC 3
a: in subsection (3)(a), $321.75 $292.50
b: in subsection (4), in the formula, 13.75 12.5
3: Subsection (1)
4: Subsection (2)
27: Tax credits for absentees
1: In section LC 9(1)(b) sections LC 2 sections LC 3
2: Subsection (1)
28: Adjustment for change in return date
1: In section LC 10(3)(a) sections LC 1 sections LC 3
2: Subsection (1)
29: Adjustment when person is non-resident for part of tax year
1: In section LC 11(1)(a) sections LC 1, LC 2, and section
2: Subsection (1)
30: Adjustment when person is non-resident
1: In section LC 12(1)(a) sections LC 1, LC 2, and section
2: In section LC 12(3)(c) LC 1, LC 2, or
3: Subsections (1) and (2)
31: Meaning of charitable or other public benefit gift
In section LD 3(2)
bb: a Board of Trustees that is constituted under Part 9 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual:
bc: a tertiary education institution that is established under Part 14 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual: .
32: Tax credits for supplementary dividends
1: In section LP 2(2) 7/10 7/17
2: Subsection (1)
33: New sections MF 4B and MF 4C
1: After section MF 4
MF 4B: Calculation of instalments: 1 April 2008 to 30 September 2008
When this section applies
1: This section applies for calculating the amount of an instalment by way of tax credit under section MD 1, or as applicable, sections MD 1 and ME 1 for the period starting on 1 April 2008 and finishing on 30 September 2008. Family tax credit formula: section MD 3
2: The instalments for the relevant tax credit are calculated using, for the calculation of the family tax credit prescribed amount × days 365. Definition of items in formula
3: The items in the formula are defined in subsections (4) and (5) Prescribed amount
4: Prescribed amount
a: for the eldest dependent child for whom the person is a principal caregiver during the entitlement period, 1 of the following, as applicable:
i: $4,264, if the child is younger than 16:
ii: $4,940, if the child is 16 or older:
iii: a weighted average of the amounts in subparagraphs (i) and (ii) that reflects the proportion of the period for which those subparagraphs apply to the child, if the child turns 16 during the entitlement period; and
b: for each dependent child for whom the person is a principal caregiver during the entitlement period, other than the eldest dependent child, 1 of the following, as applicable:
i: $2,964, if the child is younger than 13:
ii: $3,380, if the child is 13, 14, or 15:
iii: $4,420, if the child is 16 or older:
iv: a weighted average of the amounts in subparagraphs (i) and (ii) that reflects the proportion of the period for which those subparagraphs apply to the child, if the child turns 13 during the entitlement period:
v: a weighted average of the amounts in subparagraphs (ii) and (iii) that reflects the proportion of the entitlement period for which those subparagraphs apply to the child, if the child turns 16 during the entitlement period. Days
5: Days When another person cares for dependent child
6: A family tax credit must be reduced in proportion to the time in the entitlement period that a dependent child spends in the exclusive care of another person who qualifies under section MC 2. Family credit abatement formula: section MD 13
7: The instalments for the relevant tax credit are calculated using, for the calculation of the family credit abatement full-year abatement × days 365. Definition of items in formula
8: In the formula,—
a: full-year abatement
i: if the person has no spouse, civil union partner, or de facto partner during the entitlement period, and the person’s family scheme income for the relationship period containing the entitlement period is more than $35,000, 20 cents for each complete dollar of the excess; or
ii: if the person has a spouse, civil union partner, or de facto partner during the entitlement period, and the person’s family scheme income, the family scheme income of their spouse, civil union partner, or de facto partner, or the sum of those incomes for the relationship period containing the entitlement period is more than $35,000, 20 cents for each complete dollar of the excess:
b: days When 56-day period includes 31 March
9: If a person who qualifies under section MC 2 (Who qualifies for entitlements under family scheme?) receives instalments of the parental tax credit in a 56-day period that includes 31 March, the formula is applied so that—
a: instalments of the parental tax credit received in the first tax year are abated against the person’s family scheme income, the family scheme income of their spouse, civil union partner, or de facto partner, or the sum of those incomes for that tax year; and
b: instalments of the parental tax credit received in the second tax year are abated against the person’s family scheme income, the family scheme income of their spouse, civil union partner, or de facto partner, or the sum of those incomes for that tax year. Relationship with subject matter
10: Sections MD 14 to MD 16, with necessary modifications, apply to the calculation of the family credit abatement subsection (7) Defined in this Act: amount, child, civil union partner, de facto partner, dependent child, entitlement period, family credit abatement, family scheme income, family tax credit, parental tax credit, principal caregiver, protected family tax credit, relationship period, spouse, tax year
MF 4C: Calculation of instalments: 1 October 2008 to 31 March 2009
When this section applies
1: This section applies for calculating the amount of an instalment by way of tax credit under section MD 1, or as applicable, sections MD 1 and ME 1 for the period starting on 1 October 2008 and finishing on 31 March 2009. Family tax credit formula: section MD 3
2: The instalments for the relevant tax credit are calculated using, for the calculation of the family tax credit prescribed amount × days 365. Definition of items in formula
3: The items in the formula are defined in subsections (4) and (5) Prescribed amount
4: Prescribed amount
a: for the eldest dependent child for whom the person is a principal caregiver during the entitlement period, 1 of the following, as applicable:
i: $4,487, if the child is younger than 16:
ii: $5,198, if the child is 16 or older:
iii: a weighted average of the amounts in subparagraphs (i) and (ii) that reflects the proportion of the period for which those subparagraphs apply to the child, if the child turns 16 during the entitlement period; and
b: for each dependent child for whom the person is a principal caregiver during the entitlement period, other than the eldest dependent child, 1 of the following, as applicable:
i: $3,119, if the child is younger than 13:
ii: $3,557, if the child is 13, 14, or 15:
iii: $4,651, if the child is 16 or older:
iv: a weighted average of the amounts in subparagraphs (i) and (ii) that reflects the proportion of the period for which those subparagraphs apply to the child, if the child turns 13 during the entitlement period:
v: a weighted average of the amounts in subparagraphs (ii) and (iii) that reflects the proportion of the entitlement period for which those subparagraphs apply to the child, if the child turns 16 during the entitlement period. Days
5: Days When another person cares for dependent child
6: A family tax credit must be reduced in proportion to the time in the entitlement period that a dependent child spends in the exclusive care of another person who qualifies under section MC 2. Family credit abatement formula: section MD 13
7: The instalments for the relevant tax credit are calculated using, for the calculation of the family credit abatement full-year abatement × days 365. Definition of items in formula
8: In the formula,—
a: full-year abatement
i: if the person has no spouse, civil union partner, or de facto partner during the entitlement period, and the person’s family scheme income for the relationship period containing the entitlement period is more than $36,827, 20 cents for each complete dollar of the excess; or
ii: if the person has a spouse, civil union partner, or de facto partner during the entitlement period, and the person’s family scheme income, the family scheme income of their spouse, civil union partner, or de facto partner, or the sum of those incomes for the relationship period containing the entitlement period is more than $36,827, 20 cents for each complete dollar of the excess:
b: days When 56-day period includes 31 March
9: If a person who qualifies under section MC 2 (Who qualifies for entitlements under family scheme?) receives instalments of the parental tax credit in a 56-day period that includes 31 March, the formula is applied so that—
a: instalments of the parental tax credit received in the first tax year are abated against the person’s family scheme income, the family scheme income of their spouse, civil union partner, or de facto partner, or the sum of those incomes for that tax year; and
b: instalments of the parental tax credit received in the second tax year are abated against the person’s family scheme income, the family scheme income of their spouse, civil union partner, or de facto partner, or the sum of those incomes for that tax year. Relationship with subject matter
10: Sections MD 14 to MD 16, with necessary modifications, apply to the calculation of the family credit abatement subsection (7) Defined in this Act: amount, child, civil union partner, de facto partner, dependent child, entitlement period, family credit abatement, family scheme income, family tax credit, parental tax credit, principal caregiver, protected family tax credit, relationship period, spouse, tax year .
2: Subsection (1)
34: Meaning of net family scheme income
1: In section ME 3(3)(c)(i) ; and :
2: Subsection (1)
35: Orders in Council
In section MF 7(2)(a) 1 April 2007 1 October 2008
36: Calculation of maximum permitted ratios
1: In section OA 18(3) corresponding to the tax year
2: Subsection (1)
37: Tax credits for non-resident investors
1: In sections OZ 12(2) treating 7/10 as 67/120 treating 7/17 as 67/187
2: In sections OZ 12(3) treating 7/10 as 67/120 treating 7/17 as 67/187
3: Subsections (1) and (2)
38: Payment dates for terminal tax
1: In section RA 13(1)(b) December January
2: Subsection (1)
39: Methods for calculating provisional tax liability
In section RC 5(4) Section RZ 3 (Standard method: 2008–09 and 2009–10 income years) modifies subsection (3) Sections RZ 3 and RZ 5B (which relate to tax rate changes) modify subsections (2) and (3)
40: GST ratio method
In section RC 8(9) Section RZ 4 (GST method: 2008–09 and 2009–10 income years) modifies this section Sections RZ 4 and RZ 5C (which relate to tax rate changes) modify this section
41: Calculating amount of instalment under standard and estimation methods
In section RC 10
a: in subsection (3)(a)(i), section RZ 5 (Calculating amounts under standard method: 2008–09 and 2009–10 income years) sections RZ 5 and RZ 5B (which relate to tax rate changes)
b: in subsection (3)(a)(ii), section RZ 5 sections RZ 5 and RZ 5B
42: Calculating amount of instalment using GST ratio
In section RC 11(4) Section RZ 4 (GST method: 2008–09 and 2009–10 income years) modifies this section Sections RZ 4 and RZ 5C (which relate to tax rate changes) modify this section
43: Calculation of all-inclusive pay
1: In section RD 51(3)(b)(i) ; and :
2: In section RD 51(4)(b)(i) ; and :
3: Subsections (1) and (2)
44: Resident passive income
1: After section RE 2(5)(b)
bb: a dividend from a portfolio investment entity: .
2: In section RE 2 portfolio investment entity
3: Subsections (1) and (2)
45: Dividends other than non-cash dividends
In section RE 13(3)(a) schedule 1, part D, clause 6 schedule 1, part D, clause 5
46: Choosing higher rates
In section RE 19
a: in subsection (2), clause 2 clause 3
b: in subsection (3), clause 3 clause 4
47: New sections RZ 5B and RZ 5C
1: After section RZ 5
RZ 5B: Standard method: new personal tax rate persons from 1 October 2008 to end 2012–13 income year
When this section applies
1: This section applies for a new personal tax rate person to the calculation of their provisional tax liability from 1 October 2008 to the end of the 2012–13 income year. Standard method modified: RIT reduction from 1 October 2008 to end 2008–09
2: For the purpose of the person’s provisional tax liability calculation from 1 October to the end of the 2008–09 income year, under section RC 5(2) and (3), and RC 10(3)(a)(i) and (ii), the following amounts are reduced by $730:
a: the person’s residual income tax for the preceding tax year:
b: the person’s residual income tax for the tax year before the preceding tax year. Standard method modified: RIT reduction 2009–10
3: For the purpose of the person’s provisional tax liability calculation for the 2009–10 income year,––
a: under section RC 5(2) and RC 10(3)(a)(i), the amount of the person’s residual income tax for the preceding tax year is reduced by $730:
b: under section RC 5(3) and RC 10(3)(a)(ii), the amount of the person’s residual income tax for the tax year before the preceding tax year is reduced by $1,460. Standard method modified: RIT reduction 2010–11
4: For the purpose of the person’s provisional tax liability calculation for the 2010–11 income year,—
a: under section RC 5(2) and RC 10(3)(a)(i), the amount of the person’s residual income tax for the preceding tax year is reduced by $597.50:
b: under section RC 5(3) and RC 10(3)(a)(ii), the amount of the person’s residual income tax for the tax year before the preceding tax year is reduced by $1,327.50. Standard method modified: RIT reduction 2011–12
5: For the purpose of the person’s provisional tax liability calculation for the 2011–12 income year,—
a: under section RC 5(2) and RC 10(3)(a)(i), the amount of the person’s residual income tax for the preceding tax year is reduced by $812.50:
b: under section RC 5(3) and RC 10(3)(a)(ii), the amount of the person’s residual income tax for the tax year before the preceding tax year is reduced by $1,410. Standard method modified: RIT reduction 2012–13
6: For the purpose of the person’s provisional tax liability calculation for the 2012–13 income year, under section RC 5(3) and RC 10(3)(a)(ii), the amount of the person’s residual income tax for the tax year before the preceding tax year is reduced by $812.50. Defined in this Act: amount, income year, new personal tax rate person, provisional tax liability, residual income tax, tax year
RZ 5C: GST ratio method: new personal tax rate persons from 1 October 2008 to end 2013–14 income year
When this section applies
1: This section applies for a new personal tax rate person to the calculation of their provisional tax liability from 1 October 2008 to the end of the 2013–14 income year. GST method modified: RIT reduction from 1 October 2008 to end 2008–09
2: For the purposes of the person’s provisional tax liability and GST ratio calculation from 1 October 2008 to the end of the 2008–09 income year, under section RC 8(2) to (3B), and (7) to (7B), the following amounts are reduced by $730:
a: the person’s residual income tax for the preceding tax year:
b: the person’s income tax assessment or residual income tax for the tax year before the preceding tax year or the transitional year, as applicable:
c: the person's income tax assessment for the year that is 2 years before the preceding tax year or the transitional year, as applicable. GST method modified: RIT reduction 2009–10
3: For the purposes of the person’s provisional tax liability and GST ratio calculation for the 2009–10 income year,––
a: under section RC 8(2), the amount of the person’s residual income tax for the preceding tax year is reduced by $730:
b: under section RC 8(3) and (7), the amount of the person’s income tax assessment or residual income tax for the tax year before the preceding tax year or the transitional year, as applicable, is reduced by $1,460:
c: under section RC 8(3B) and (7B), the amount of the person’s income tax assessment for the year that is 2 years before the preceding tax year or the transitional year, as applicable, is reduced by $1,460. GST method modified: RIT reduction 2010–11
4: For the purposes of the person’s provisional tax liability and GST ratio calculation for the 2010–11 income year,—
a: under section RC 8(2), the amount of the person’s residual income tax for the preceding year is reduced by $597.50:
b: under section RC 8(3) and (7), the amount of the person’s income tax assessment or residual income tax for the tax year before the preceding year or the transitional year, as applicable, is reduced by $1,327.50:
c: under section RC 8(3B) and (7B), the amount of the person’s income tax assessment for the year that is 2 years before the preceding tax year or the transitional year, as applicable, is reduced by $2,057.50. GST method modified: RIT reduction 2011–12
5: For the purposes of the person’s provisional tax liability and GST ratio calculation for the 2011–12 income year,—
a: under section RC 8(2), the amount of the person’s residual income tax for the preceding year is reduced by $812.50:
b: under section RC 8(3) and (7), the amount of the person’s income tax assessment or residual income tax for the tax year before the preceding year or the transitional year, as applicable, is reduced by $1,410:
c: under section RC 8(3B) and (7B), the amount of the person’s income tax assessment for the year that is 2 years before the preceding tax year or the transitional year, as applicable, is reduced by $2,140. GST method modified: RIT reduction 2012–13
6: For the purposes of the person’s provisional tax liability calculation for the 2012–13 income year,—
a: under section RC 8(3) and (7), the amount of the person’s income tax assessment or residual income tax for the tax year before the preceding year or the transitional year, as applicable, is reduced by $812.50:
b: under section RC 8(3B) and (7B), the amount of the person’s income tax assessment for the year that is 2 years before the preceding tax year or the transitional year, as applicable, is reduced by $1,410. GST method modified: RIT reduction 2013–14
7: For the purposes of the person’s provisional tax liability calculation for the 2013–14 income year, under section RC 8(3B) and (7B), the amount of the person’s income tax assessment for the year that is 2 years before the preceding tax year or the transitional year, as applicable, is reduced by $812.50. Defined in this Act: amount, assessment, GST ratio, income tax, income year, new personal tax rate person, provisional tax liability, residual income tax, tax year, transitional year .
2: Subsection (1)
48: Definitions
1: This section amends section YA 1
2: After the definition of new asset new personal tax rate person .
3: In the definition of portfolio investor rate
a: in paragraph (a), 33% 30%
b: paragraph (b) is replaced by the following:
b: if paragraph (c) does not apply, the rate that an investor who has provided their tax file number to the entity under section 28B of the Tax Administration Act 1994 notifies—
i: to the entity as the prescribed investor rate for the investor and the period; and
ii: in the latest notice before the time; or .
4: The definition of registered as a charitable entity
5: After the definition of tax-base property tax charity .
6: Subsections (2) and (3)(a)
49: Treatment of qualifying company election tax, FBT, FDP penalty tax, imputation penalty tax, and withdrawal tax
1: In section YA 3(2)(i) LC 1 LC 3
2: Subsection (1)
50: Schedule 1–Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits
1: Schedule 1
2: In schedule 1
a: in row 2, $9,501 $11,401
b: in row 3, $45,600 $45,601
c: in the table instructions, RD 69(2) RD 69(1)
3: In schedule 1 If clause 5 does not apply If clause 4 does not apply
4: In schedule 1 1 and 2 1, 2, and 3
51: Schedule 4—Rates of tax for schedular payments: part I
In schedule 4 0.15 0.125
52: Schedule 31—Annualised equivalent amount for Part M
In schedule 31
a: in columns 1 and 2, in the first row under the heading, $35,000 $36,827
b: in column 1, in the second row under the heading, Amount exceeds $35,000 but does not exceed $36,500 Amount exceeds $36,827 but does not exceed $38,000
c: in column 2, in the second row under the heading, $36,500 $38,000
d: in columns 1 and 2, the third row under the heading is omitted. Amendments to Tax Administration Act 1994
53: Tax Administration Act 1994
Sections 54 Tax Administration Act 1994 2008-04-01 Tax Administration Act 1994 2008-05-29 Tax Administration Act 1994 2008-07-01 Tax Administration Act 1994
54: Portfolio tax rate entity to give statement to investors and request information
After section 31B(4)
5: A portfolio tax rate entity must, as soon as practicable after an investor joins, give a notice to the investor requesting that the investor provide the entity with the investor's tax file number.
55: Applications for RWT exemption certificates
After section 32E(2)(k)
kb: a Board of Trustees that is constituted under Part 9 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual:
kc: a tertiary education institution that is established under Part 14 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual: .
56: Annual returns of income not required
In section 33A(1)(b)
a: in subparagraph (iv)(A), table 1 table 2
b: in subparagraph (iv)(B), table 1 table 2 Amendments to Estate and Gift Duties Act 1968
57: Estate and Gift Duties Act 1968
1: This section amends the Estate and Gift Duties Act 1968
2: In section 73(1) registered as a charitable entity under the Charities Act 2005 a tax charity
3: After section 73(2)(j)
jb: any gift to a Board of Trustees that is constituted under Part 9 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual:
jc: any gift to a tertiary education institution that is established under Part 14 of the Education Act 1989 and is not carried on for the private pecuniary profit of any individual: . 2008-07-01 Estate and Gift Duties Act 1968 Amendment to KiwiSaver Act 2006
58: KiwiSaver Act 2006
1: This section amends the KiwiSaver Act 2006
2: In section 4(1) salary or wages
ib: allowances paid in place of a benefit under section CE 1(c) of that Act; and . 2008-04-01 KiwiSaver Act 2006 Amendment to Taxation (KiwiSaver) Act 2007
59: Taxation (KiwiSaver) Act 2007
1: This section changes the effect of the Taxation (KiwiSaver) Act 2007
2: The reference to section 94 section 2(7) section 2(8) 2007-12-19 Taxation (KiwiSaver) Act 2007 Amendment to Taxation (Business Taxation and Remedial Matters) Act 2007
60: Taxation (Business Taxation and Remedial Matters) Act 2007
1: This section changes the effect of the Taxation (Business Taxation and Remedial Matters) Act 2007
2: The reference to section 554(3) section 2(21) section 2(20) 2007-12-19 Taxation (Business Taxation and Remedial Matters) Act 2007 Annual rates of income tax for 2008–09 tax year Heading repealed 1 April 2009 section 29(2) Taxation (Urgent Measures and Annual Rates) Act 2008
61: Rates of income tax for 2008–09 tax year
2008-05-29 Taxation (Annual Rates of Income Tax 2007–08) Act 2007 Section 61 repealed 1 April 2009 section 29(2) Taxation (Urgent Measures and Annual Rates) Act 2008


Crimes Amendment Act (No 2) 2008

1: Title
This Act is the Crimes Amendment Act (No 2) 2008.
2: Commencement
1: Section 4
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes Act 1961 2008-12-25 Crimes Act 1961 District Courts Act 1947 2008-06-26 Crimes Act 1961
4: New sections 361D and 361E inserted
1: The following sections are inserted after section 361C
361D: Judge may order trial without jury in certain cases that are likely to be long and complex
1: This section applies only to a person (the accused person
a: an offence for which the maximum penalty is imprisonment for life or imprisonment for 14 years or more; or
b: an offence of attempting or conspiring to commit, or of being a party to the commission of, or of being an accessory after the fact to, an offence referred to in paragraph (a)
2: The Judge may, on a written application for the purpose made by the prosecutor to the Judge and served on the accused person before the accused person is given in charge to the jury, order that the accused person be tried for the offence before the Judge without a jury.
3: However, the Judge may make an order under subsection (2)
a: that all reasonable procedural orders (if any), and all other reasonable arrangements (if any), to facilitate the shortening of the trial, have been made, but the duration of the trial still seems likely to exceed 20 days; and
b: that, in the circumstances of the case, the accused person's right to trial by jury is outweighed by the likelihood that potential jurors will not be able to perform their duties effectively.
4: In considering, for the purposes of subsection (3)(b)
a: the number and nature of the offences with which the accused person is charged:
b: the nature of the issues likely to be involved:
c: the volume of evidence likely to be presented:
d: the imposition on potential jurors of sitting for the likely duration of the trial:
e: any other matters the Judge considers relevant.
5: If the accused person is one of 2 or more persons to be tried together, all of them must be tried before a Judge with a jury unless an order under subsection (2)
6: This section does not limit section 361B or 361C or 361E
361E: Judge may order trial without jury in cases involving intimidation of juror or jurors
1: The Judge may, on a written application for the purpose made by the prosecutor before an accused person is given in charge to the jury, order that the accused person be tried for the offence before the Judge without a jury.
2: However, the Judge may make an order under subsection (1)
a: that intimidation of any person or persons who may be selected as a juror or jurors has occurred, is occurring, or may occur; and
b: that the effects of that intimidation can be avoided effectively only by making an order under subsection (1)
3: If the accused person is one of 2 or more persons to be tried together, all of them must be tried before a Judge with a jury unless an order under subsection (1)
4: This section does not limit sections 361B to 361D
2: Section 361A is consequentially amended by omitting Subject to sections 361B and 361C of this Act, every Every
3: Section 361A is consequentially amended by adding the following subsection as subsection (2):
2: Subsection (1) is subject to sections 361B to 361E
4: Section 379A(1) is consequentially amended by inserting the following paragraphs after paragraph (d):
da: against the making of an order under section 361D(2)
db: against the making of an order under section 361E(1) .
5: Section 28D of the District Courts Act 1947 is amended—
a: by omitting from subsection (1) and 361C to 361E
b: by omitting from subsection (2) 1908 1981
6: This section applies in respect of an accused person only if—
a: the accused person is committed for trial on or after the date on which this section comes into force; or
b: the accused person is committed for trial before the date on which this section comes into force and the trial has not commenced before that date.
5: Evidence and addresses
1: Section 367(1) examine call
2: Section 367
1C: The Court may give an accused person (whether defended by counsel or not) leave to call 1 or more expert witnesses immediately after counsel for the prosecution has called 1 or more expert witnesses.
1D: Leave under subsection (1C)
3: This section applies in respect of an accused person only if—
a: the accused person is committed for trial on or after the date on which this section comes into force; or
b: the accused person is committed for trial before the date on which this section comes into force and the trial has not commenced before that date.
6: New heading and sections 378A to 378F inserted
The following heading and sections are inserted after section 378 Retrials of previously acquitted persons
378A: Order for retrial may be granted if acquittal tainted
1: In this section,— acquittal
a: includes—
i: the dismissal of an information on the merits; and
ii: a discharge under section 347 or 369A; and
iii: the setting aside of a conviction on appeal, without an order for a retrial; and
iv: the quashing of a count under section 345(4) or (5); but
b: does not include a discharge without conviction acquitted person administration of justice offence prosecution
a: an informant acting with the prior consent of the Solicitor-General; or
b: the Solicitor-General retrial specified offence
a: means an offence that is punishable by a term of imprisonment and for which the person has previously been acquitted; and
b: includes any offence for which the person may not be tried because of that acquittal.
2: The High Court may, on the application of the prosecution made in accordance with rules of Court, order that an acquitted person be retried for a specified offence, if the High Court is satisfied that—
a: it is more likely than not that the commission of the administration of justice offence was a significant contributing factor in the person's acquittal for the specified offence; and
b: no appeal or application in relation to the administration of justice offence is pending before any court; and
c: the retrial is in the interests of justice.
3: In determining whether the retrial sought by the prosecution is in the interests of justice, the High Court is to have particular regard to the following matters:
a: the length of time since the acquitted person is alleged to have committed the specified offence:
b: whether the prosecution acted with reasonable speed since discovering evidence of the administration of justice offence:
c: the interests of any victim of the specified offence alleged to have been committed:
d: whether the retrial for which leave is sought can be conducted fairly.
4: If the prosecution makes an application under this section,—
a: the prosecution must take all reasonable steps to serve a copy of the application on the acquitted person, and must file in the office of the Court notice that the copy has been served or that a copy has not been served but all reasonable steps to do so have been taken:
b: the defendant is entitled to be heard at the hearing of the application, which must not be held less than 14 days after notice is filed in the office of the Court under paragraph (a)
c: if the application is granted, and the acquitted person is again acquitted at the retrial, the prosecution may not make any further application for an order for the retrial of the acquitted person for the specified offence that was the subject of the application.
5: This section does not apply if the acquitted person was acquitted of the specified offence before the commencement of this section.
378B: Meaning of terms used in sections 378C and 378D
1: In sections 378C and 378D acquittal
a: includes—
i: a discharge under section 347 or 369A; and
ii: the setting aside of a conviction on appeal, without an order for retrial; and
iii: the quashing of a count under section 345(4) or (5); but
b: does not include a discharge without conviction acquitted person specified serious offence
a: means an offence that is punishable by a term of imprisonment of 14 years or more and for which the person has previously been acquitted; and
b: includes any offence for which the person may not be tried because of that acquittal.
2: For the purposes of sections 378C and 378D new
a: it was not given in the proceedings that resulted in the acquittal of the acquitted person; and
b: it could not, with the exercise of reasonable diligence, have been given in those proceedings.
3: For the purposes of sections 378C and 378D compelling
a: it is a reliable and substantial addition to the evidence given in the proceedings that resulted in the acquittal of the acquitted person; and
b: it implicates the acquitted person with a high degree of probability in the commission of the specified serious offence.
378C: Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
1: Subsection (2)
2: If this subsection applies, a member of the police may exercise any of the powers referred to in subsection (3)
3: The powers in respect of which subsection (2)
a: questioning the acquitted person or any other person:
b: searching the acquitted person or any other person:
c: searching any premises or vehicles:
d: seizing any thing:
e: taking fingerprints or samples:
f: conducting or commissioning forensic tests or analyses.
4: The acquitted person does not need to be notified of any proposal to seek the Solicitor-General's consent under subsection (2)
5: The Solicitor-General may consent under subsection (2)
6: This section does not prevent a member of the police from taking any action if—
a: the action is necessary as a matter of urgency to prevent substantial prejudice to an investigation or to the administration of justice; and
b: it is not reasonably practicable to obtain the consent of the Solicitor-General; and
c: the Solicitor-General's consent is sought as soon as reasonably practicable after the action is taken.
378D: Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
1: The Court of Appeal may, on the application of the Solicitor-General made in accordance with rules of Court, order that an acquitted person be retried for a specified serious offence, if the Court of Appeal is satisfied that—
a: there is new and compelling evidence to implicate the acquitted person in the commission of the specified serious offence; and
b: a further trial of the acquitted person is in the interests of justice.
2: In determining whether a retrial of the acquitted person is in the interests of justice, the Court of Appeal is to have particular regard to the following matters:
a: whether before or during the proceedings that led to the acquittal of the acquitted person for the specified serious offence all reasonable efforts were made to obtain and present all relevant evidence then available:
b: the length of time since the acquitted person is alleged to have committed the specified serious offence:
c: whether the police and the Solicitor-General acted with reasonable speed in making the application after obtaining new evidence against the acquitted person:
d: the interests of any victim of the specified serious offence alleged to have been committed:
e: whether the retrial for which leave is sought can be conducted fairly.
3: The Court of Appeal may, if it thinks it just to do so, exclude from its consideration any evidence against the acquitted person that has been obtained in contravention of section 378C
4: The Solicitor-General may apply under this section only if satisfied of the matters stated in subsection (1)(a) and (b)
5: If the Solicitor-General makes an application under this section,—
a: the Solicitor-General must take all reasonable steps to serve a copy of the application on the acquitted person, and must file in the office of the Court notice that the copy has been served or that a copy has not been served but all reasonable steps to do so have been taken:
b: the defendant is entitled to be heard at the hearing of the application, which must not be held less than 14 days after notice is filed in the office of the Court under paragraph (a)
c: if the application is granted, and the acquitted person is again acquitted, the Solicitor-General may not make any further application for an order for the retrial of the person for the specified serious offence that was the subject of the application.
6: This section does not apply if the acquitted person was acquitted of the specified serious offence before the commencement of this section.
378E: Orders to safeguard fairness of retrial
1: An order for a retrial under section 378A or 378D
a: any conditions that the court considers are required to safeguard the fairness of the retrial:
b: any other directions as to the conduct of the retrial.
2: A court may, if it considers that the interests of justice so require, exclude any person from the hearing of an application under section 378A or 378D
3: For the purposes of subsection (2)
378F: Effect of order for retrial
1: If an order for a retrial is granted under section 378A or 378D
a: the order of the Court must be certified by the Judge or, as the case requires, the presiding Judge to the Registrar of the Court before which the person was tried, and the order must be carried into effect:
b: the acquitted person may be arrested or summoned to appear before a court:
c: the retrial must be conducted in the same manner as a retrial ordered following a successful appeal by a defendant against conviction:
d: the provisions of any enactment that enable a defendant who successfully appeals against conviction but in respect of whom a retrial is ordered, to be arrested, summoned to appear, remanded in custody, or released on bail, pending his or her retrial, apply with any necessary modifications to the acquitted person.
2: Subsection (1)
3: In this section, retrial
7: Right of appeal in certain cases
Section 379A(1)
ga: against the making of an order under section 378A .
8: New section 379AB inserted
The following section is inserted after section 379A
379AB: Appeal against decision of Court of Appeal on appeal against certain orders
1: With the leave of the Supreme Court, an accused person may appeal to the Supreme Court against a decision of the Court of Appeal on appeal under section 379A(1) or (2).
2: With the leave of the Supreme Court, the Solicitor-General may appeal to the Supreme Court against a decision of the Court of Appeal on appeal under section 379A(1).
9: New section 381A inserted
The following section is inserted after section 381
381A: Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal
1: A Judge who directs that an accused be discharged under section 347 or for any reason that a prosecution be stayed may, on the application of the prosecutor, refer for the opinion of the Court of Appeal any question of law arising out of that direction.
2: The prosecutor must apply as soon as reasonably practicable after the Judge gives his or her reasons for the direction, and in no case later than 10 days after the reasons for the direction are given.
3: When a question is referred to the Court of Appeal, the accused who has been discharged or whose prosecution has been stayed is subject to again being arrested or summoned to appear if the Court of Appeal orders a new trial.
4: The Judge who refers a question to the Court of Appeal must approve and sign the form of the question.
5: If the Judge refuses to refer a question to the Court of Appeal, the prosecutor may apply to the Court of Appeal for leave to appeal against that refusal.
6: The Court of Appeal may, on considering any evidence it requires, grant or refuse leave.
7: If leave to appeal is granted, a case must be stated for the opinion of the Court of Appeal as if the question had been referred under subsection (1)
10: Powers of Court of Appeal where appeal is on question of law
Section 382(2)(b) or that the accused has been wrongly discharged or that the prosecution has been wrongly stayed a mistrial
11: Right of appeal against conviction or sentence
1: Section 383
1A: Any person sentenced under section 28F(4) of the District Courts Act 1947 to a term of imprisonment or to a fine that exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both), may appeal to the Court of Appeal against that sentence.
2: Section 383
2A: The Solicitor-General, with the leave of the Court of Appeal, may appeal to the Court of Appeal against a sentence imposed under section 28F(4) of the District Courts Act 1947 if the sentence appealed against is a term of imprisonment or a fine that exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both).
3: Section 383 subsection (2) of this section subsection (2) or (2A)
12: New section 384A inserted
The following section is inserted after section 384
384A: Jurisdiction in certain cases where appeals lie to different Courts
1: This section applies if—
a: a person to whom section 383(1) or (1A) related right of appeal
i: an offence arising from the same incident or series of incidents as the conviction or sentence to which the right of appeal under section 383(1) or (1A)
ii: an offence for which the person was sentenced on the same occasion as the imposition of the sentence to which the right of appeal under section 383(1) or (1A)
b: the Solicitor-General has a right of appeal under section 383(2) or (2A) related right of appeal
i: an offence arising from the same incident or series of incidents as the sentence to which the right of appeal under section 383(2) or (2A)
ii: an offence for which the person was sentenced on the same occasion as the imposition of the sentence to which the right of appeal under section 383(2) or (2A)
2: If this section applies, and any person or, as the case may be, the Solicitor-General appeals to the Court of Appeal under section 383 or 384,—
a: all other appeals by the person or the Solicitor-General arising from the exercise of a related right of appeal must also be heard and determined in the Court of Appeal instead of the High Court, unless one or more of those appeals is to the Supreme Court; and
b: the provisions of this Part apply to those appeals with any necessary modifications.
13: Determination of appeals in ordinary cases
Section 385
3: On any appeal to which subsection (2A) applies, the Court of Appeal or the Supreme Court must—
a: dismiss the appeal; or
b: if it thinks that a different sentence should have been passed,—
i: quash the sentence and replace it with another sentence warranted in law (whether more or less severe) that the Court thinks ought to have been passed; or
ii: vary, within the limits warranted in law, the sentence or any part of it or any condition imposed in it; or
c: remit the case to the Court that imposed the sentence with a direction that such Court take an action of the kind described in paragraph (b)(i) or (ii)
14: Right of appellant to be represented and restriction on attendance
Section 395(3) (1) to (2) (1A) and (2)
15: Judgment of Court of Appeal
Section 398(1)
16: Prerogative of mercy
Section 406(a) section 28F(2) section 28F(4)
17: New sections 413 to 415 inserted
The following sections are inserted after section 412
413: Enactment creating offence is repealed and replaced or consolidated
Section 414 applies if—
a: an enactment that forms a part of this Act and that creates an offence is repealed and is replaced by, or is consolidated in, a new enactment, whether in the same or a different form; and
i: proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 19 of the Interpretation Act 1999; or
ii: proceedings are commenced for an offence contrary to the new enactment; or
iii: proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 19 of the Interpretation Act 1999 and, in the alternative, for an offence contrary to the new enactment; and
b: the date of the act or omission by the defendant constituting the alleged offence cannot be established with sufficient certainty to determine whether it occurred before the repeal of the repealed enactment or after the commencement of the new enactment.
414: Repealed enactment continues to have effect
1: The repealed enactment referred to in section 413(a) continues to have effect for the purposes of the proceedings.
2: The defendant may be found guilty or convicted of the offence created by the repealed enactment if the defendant’s act or omission—
a: would have constituted an offence under both the repealed enactment and the new enactment referred to in section 413(a); and
b: occurred on a date that cannot be established with certainty but that is established to have occurred either after the commencement of the repealed enactment and before its repeal or after the commencement of the new enactment and before its repeal.
3: If subsection (1) applies, the defendant is entitled to raise any defence to the repealed enactment that the defendant would be entitled to raise under the new enactment, if that defence is relevant to the repealed enactment.
4: A defendant found guilty or convicted, in accordance with this section, of an offence created by the repealed enactment is liable to a maximum penalty which is the lesser of that prescribed for the offence of which the defendant is found guilty or convicted and that prescribed for the corresponding offence created under the new enactment.
415: Inconsistency with other enactment or rule of law
If sections 413 and 414 are inconsistent with any other enactment or rule of law, sections 413 and 414 prevail over that enactment or rule of law. Amendment to Crimes Amendment Act 2005
18: Amendment to Crimes Amendment Act 2005
1: This section amends the Crimes Amendment Act 2005
2: Section 12(3) , the District Courts Amendment Act (No 2) 2008, and the Summary Proceedings Amendment Act (No 2) 2008 2008-06-26 Crimes Amendment Act 2005
19: Transitional provision
Despite section 384A