Standards and Accreditation Act 2015

1: Title
This Act is the Standards and Accreditation Act 2015.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: subparts 1 3
b: sections 41 43(2) 45(2) 46(2)
2: The remainder of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision of this Act that is not already in force on the day that is 6 months after the date on which this Act receives the Royal assent comes into force on that date.
4: 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(2) brought into force 1 March 2016 clause 2 Standards and Accreditation Act Commencement Order 2015 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary and key provisions
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: make provision for standards and conformity assessment systems in New Zealand that—
i: are consistent with international practice; and
ii: facilitate trade; and
iii: protect the health, safety, and well-being of individuals:
b: provide for the development, approval, and maintenance of New Zealand Standards:
c: make provision for access to New Zealand Standards:
d: designate an official known as the NZ Standards Executive to be responsible for the oversight of New Zealand Standards:
e: establish the New Zealand Standards Approval Board:
f: continue the Testing Laboratory Registration Council and rename it the Accreditation Council:
g: provide for accreditation of conformity assessment bodies:
h: repeal the Standards Act 1988 Testing Laboratory Registration Act 1972
4: Interpretation
1: In this Act, unless the context otherwise requires,— accreditation Accreditation Council section 33 Board section 11 chief executive conformity assessment bodies consensus
a: unanimity; or
b: general agreement characterised by the absence of sustained opposition on any substantial issue goods Minister Ministry New Zealand Standard
a: means a standard developed or adopted, and approved as a New Zealand Standard, under this Act; and
b: includes a standard that was promulgated by the Standards Council as a New Zealand Standard or a standard specification under the Standards Act 1965 or the Standards Act 1988 NZ Standards Executive section 6 NZ Standards Organisation services standard
a: means a specification relating to goods, services, processes, or practices approved or adopted by a standards organisation; and
b: includes modifications to any such specification Standards Council section 3 section 42 standards development committee section 15 standards organisation
a: the NZ Standards Organisation:
b: an international, national, or regional organisation with functions similar to the NZ Standards Organisation.
2: For the purposes of this Act, unless the context otherwise requires,—
a: a person is personally interested
i: may derive a financial benefit from the matter; or
ii: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
iii: may have a financial interest in a person to whom the matter relates; or
iv: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
v: has some other (direct or indirect) personal interest that could materially influence him or her, or would reasonably appear to any person to be likely to have a material influence on him or her, in the exercise of his or her responsibilities under this Act in relation to the matter; but
b: a person is not personally interested in a matter—
i: merely because he or she receives insurance cover, remuneration, or other benefits authorised under this Act; or
ii: only because he or she has past or current involvement in the relevant sector, industry, or practice; or
iii: if his or her personal interest is the same or substantially the same as—
A: the benefit or interest of most other people in the industry that he or she represents; or
B: the benefit or interest of the general public.
5: Act binds the Crown
This Act binds the Crown.
2: New Zealand Standards
NZ Standards Executive
6: Appointment of NZ Standards Executive
The chief executive must appoint a suitable employee of the Ministry to be the NZ Standards Executive.
7: Functions of NZ Standards Executive
1: The functions of the NZ Standards Executive are—
a: to assume responsibility for New Zealand membership of international standards organisations, including the International Organization for Standardization and the International Electrotechnical Commission:
b: to ensure New Zealand attendance and representation at meetings of international standards organisations:
c: to co-operate and engage with standards organisations and other standards bodies on standards development and other standards-related matters:
d: to ensure the exercise and performance of Crown rights and obligations in respect of standards (including rights and obligations in relation to or arising from intellectual property in standards):
e: to establish and maintain a work programme for the development, maintenance, and review of New Zealand Standards:
f: to make arrangements for public access to the New Zealand Standards work programme:
g: to manage the processes for—
i: the formation of standards development committees:
ii: the development of draft standards:
iii: the review and revision of existing standards:
h: to enter into arrangements to develop New Zealand Standards:
i: to refer the following to the Board:
i: proposals for persons to be appointed or removed as members of standards development committees or other development committees:
ii: draft standards:
iii: proposals to amend, withdraw, or archive standards:
iv: proposals to adopt standards developed by other standards organisations:
v: proposals to adopt specifications relating to goods, services, processes, or practices approved by an organisation other than a standards organisation:
j: to make arrangements for public access to standards (including archived and withdrawn standards):
k: to report to the Minister from time to time (but not less than once annually) on standards, the standards work programme, and current and emerging trends in standards:
l: to advise relevant Ministers of proposals to amend, revise, archive, or replace standards that are cited in legislation:
m: to set fees for obtaining copies of (including online access to) New Zealand Standards and other standards publications:
n: to establish and maintain an interests register for the purposes of sections 17(4) 19
o: to perform any other functions conferred under this Act or any other enactment.
2: In performing the functions referred to in subsection (1)(a) to (n), the NZ Standards Executive must—
a: act independently; and
b: have regard to—
i: the value of standards:
ii: the legitimate use of standards:
iii: the importance of maintaining expert input into the standards development process.
3: In performing the functions referred to in subsection (1)(o), the NZ Standards Executive must act under the direction of the Minister and the chief executive. Section 7(1)(i)(i) replaced 30 March 2025 section 162 Regulatory Systems (Economic Development) Amendment Act 2025
8: NZ Standards Executive may delegate powers, etc
1: The NZ Standards Executive may delegate to any employee of the Ministry any of his or her powers, or the performance of his or her functions or duties, under this Act or any other enactment.
2: A delegation under subsection (1)—
a: must be in writing; and
b: may be made subject to any conditions or restrictions that the NZ Standards Executive thinks appropriate; and
c: may be made generally or in any particular case; and
d: is revocable at will; and
e: does not affect or prevent the exercise of any power or the performance of any function or duty by the NZ Standards Executive; and
f: does not affect the responsibility of the NZ Standards Executive for the actions of any person acting under a delegation; and
g: continues according to its tenor despite any change in the person holding office as the NZ Standards Executive. 2011 No 4 s 72
9: Powers of delegate
1: A person who is delegated any powers, or the performance of any functions or duties, under section 8
a: may, with the prior written approval of the NZ Standards Executive, delegate those powers to any other employee of the Ministry:
b: may, subject to any conditions or restrictions, exercise those powers, or perform those functions or duties, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
2: Every person purporting to act under any delegation under section 8 2011 No 4 s 73
10: NZ Standards Executive must advise responsible Ministers before review of standards cited in legislation
1: If any New Zealand Standard is cited or incorporated by reference in any legislation
2: In subsection (1), responsible Minister legislation legislation Section 10(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 New Zealand Standards Approval Board
11: Establishment of New Zealand Standards Approval Board
1: This section establishes the New Zealand Standards Approval Board.
2: The Board consists of 5 to 7 members appointed by the Minister under section 14
12: Functions of Board
1: The functions of the Board are to—
a: approve or decline proposals for persons to be appointed or removed as
b: approve or decline proposals for persons to be appointed or removed as
c: approve or decline proposals for persons to be appointed or removed as
d: approve or decline proposed new New Zealand Standards:
e: adopt or decline to adopt other standards organisations' standards as New Zealand Standards:
f: approve or decline modifications to New Zealand Standards:
g: archive New Zealand Standards:
h: revoke New Zealand Standards:
i: advise the Minister on any matter referred to the Board by the Minister:
j: advise the Minister on the currency of New Zealand Standards, and on priority areas for the development and review of New Zealand Standards:
k: advise the Minister on any other matter that the Board considers necessary or advisable.
2: The Board must act independently in undertaking its functions under subsection (1).
3: If the Board declines to approve the appointment or removal of members or chairpersons or declines to approve standards or modification of standards Section 12(1)(a) amended 30 March 2025 section 163(1) Regulatory Systems (Economic Development) Amendment Act 2025 Section 12(1)(b) amended 30 March 2025 section 163(1) Regulatory Systems (Economic Development) Amendment Act 2025 Section 12(1)(c) amended 30 March 2025 section 163(1) Regulatory Systems (Economic Development) Amendment Act 2025 Section 12(3) amended 30 March 2025 section 163(2) Regulatory Systems (Economic Development) Amendment Act 2025
13: Considerations for Board
1: In undertaking its functions under section 12(1)(a)
a: have regard to the importance of ensuring that members of a standards development committee constitute a balanced representation of the stakeholder interests relevant to the proposed draft standard; and
b: ensure that each member of the standards development committee has—
i: skills, knowledge, and experience relevant to the standard to be developed or considered; or
ii: knowledge and experience of the sector or sectors most likely to use the standard.
2: In undertaking its functions under section 12(1)(b)
a: the person is capable of performing the functions set out in section 18(2)
b: the person has experience that demonstrates—
i: leadership skills:
ii: an ability to build consensus and promote effective working relationships:
iii: good judgment:
iv: an understanding and appreciation of the need for, and value of, diversity.
3: In undertaking its functions under section 12(1)(c)
a: skills, knowledge, and experience relevant to the standard to be developed or considered; or
b: knowledge and experience of the sector or sectors most likely to use the standard.
4: In undertaking its functions under section 12(1)(d), (e), and (f)
a: have regard to the following:
i: whether the proposed standard or modification has been developed using a consensus process, whether that process included public consultation, and whether due weight was given to the submissions received; and
ii: whether the proposed standard or modification is based (in whole or in part) on any other national or international standard or any draft standard; and
iii: whether the proposed standard is, or the standard as amended by the modification would be, compatible with other national or international standards; and
iv: whether the proposed standard or modification would meet an identified industry, consumer, or regulatory need; and
v: whether the overall expected benefit of the standard or the standard as amended, to the sector or sectors most likely to use the standard or to New Zealand as a whole, can be demonstrated; and
b: ensure that—
i: New Zealand Standards do not unnecessarily duplicate the standards development work of other national or international standards organisations; and
ii: where a proposed New Zealand Standard is based on an international standard, there are good reasons for any differences between the New Zealand Standard and the international standard; and
iii: the proposed standard or modification will not create unnecessary obstacles to international trade and investment.
5: In undertaking its functions under section 12(1)(i), (j), and (k)
a: the value of standards; and
b: the legitimate use of standards; and
c: the importance of maintaining expert input into the standards development process.
14: Further provisions relating to Board
The provisions of Schedule 1 Standards development committees
15: Standards development committees
1: The NZ Standards Executive must establish 1 or more standards development committees to—
a: draft new standards:
b: review existing standards:
c: consider the suitability for adoption as New Zealand Standards of standards developed by other standards organisations or bodies:
d: advise on the content of standards:
e: consider and propose amendments to existing standards.
2: The NZ Standards Executive must—
a: determine the number of standards development committees that are necessary:
b: determine what work will be carried out by each standards development committee:
c: appoint members of each standards development committee (in accordance with section 16
16: Membership of standards development committees
1: The NZ Standards Executive must—
a: propose persons For example, representatives from industry bodies, consumer groups, NGOs, and State sector agencies, experts from the relevant sector, academics, and other suitable persons.
b: propose one of the members (or proposed members) of a standards development committee to be the chairperson of the committee.
2: The NZ Standards Executive must refer proposals for persons to be members or chairpersons of standards development committees to the Board.
3: If the NZ Standards Executive refers a proposal for a person to be a member, or a chairperson, of a standards development committee to the Board, the Board must—
a: approve the proposal; or
b: decline the proposal with reasons.
4: The NZ Standards Executive may , by written notice to the relevant member,
a: appoint any person to be a member of a standards development committee whose membership has been approved by the Board:
b: appoint any member to be the chairperson of a standards development committee whose appointment as chairperson has been approved by the Board.
5: The NZ Standards Executive must not appoint any person to be chairperson of a standards development committee who is personally interested in the work of that committee.
6: The NZ Standards Executive must give a copy of a notice—
a: appointing a person as a member of a standards development committee to the chairperson as soon as practicable after giving the notice to the relevant member; and
b: appointing a member of a standards development committee as the chairperson to the other members of the committee as soon as practicable after giving the notice to the relevant member. Section 16(4) amended 30 March 2025 section 164(1) Regulatory Systems (Economic Development) Amendment Act 2025 Section 16(6) inserted 30 March 2025 section 164(2) Regulatory Systems (Economic Development) Amendment Act 2025
17: Requirements for proposing person to be member
1: Before a person is proposed as a member of a standards development committee under section 16
a: consent in writing to being a member; and
b: disclose to the NZ Standards Executive the nature and extent (including the monetary value, if quantifiable) of any interests that the person has at that time, or is likely to have, in matters relating to the work of the (proposed) standards development committee.
2: The NZ Standards Executive must advise the Board of the nature and extent of any interests disclosed under subsection (1)(b) or section 19
3: The Board must have regard to the nature and extent of the interests when approving or declining a proposal under section 16(3)
4: If the person is appointed to be a member of a standards development committee, the NZ Standards Executive must ensure that details of the nature and extent of any interests (including any monetary value of the interests) are—
a: disclosed to the chairperson of the committee; and
b: recorded in an interests register kept by the NZ Standards Executive.
18: Chairpersons of standards development committees
1: The NZ Standards Executive must appoint a chairperson for every standards development committee.
2: The functions of a chairperson are to—
a: ensure the efficient management of committee meetings and the work of the committee:
b: ensure the efficient development of the relevant standard:
c: ensure fair and equal treatment of all members of the committee:
d: facilitate discussion, and the sharing of ideas, amongst committee members:
e: manage, in consultation with the NZ Standards Executive, conflicts of interest in relation to members of the standards development committee.
3: If the chairperson is absent from a meeting of a standards development committee, the members present must appoint one of their number to chair the meeting.
4: A person who is personally interested in the work of a standards development committee is disqualified from being, or acting as, the chairperson of the committee.
19: Continuing duty to disclose conflicts of interest
A member of a standards development committee who is personally interested in a matter relating to the work of that committee must, as soon as practicable after he or she becomes aware of any interest, disclose details of the nature and extent (including any monetary value, if quantifiable) of the interests to—
a: the chairperson of the committee; and
b: the NZ Standards Executive, who must record it in the interests register.
20: Obligation to disclose interest
1: The Board and the NZ Standards Executive must notify the Minister of any failure to comply with section 17(4) 19
2: Except as provided in subsection (3), a failure to comply with section 17(4) 19
3: Subsection (2) does not limit the right of any person to apply for judicial review.
21: Duty not to disclose information
A member of a standards development committee who has information in his or her capacity as a member that would not otherwise be available to him or her may not disclose that information to any person, or make use of, or act on, that information, except—
a: in the performance of the committee's functions; or
b: as required or permitted by law; or
c: in complying with the requirement for members to disclose interests; or
d: if the member is first authorised to do so by the NZ Standards Executive or the Minister and the disclosure, use, or action will not, or would be unlikely to, prejudice the standards development process.
22: Standards development committees’ work product and working materials
A member of a standards development committee must, at the direction of the NZ Standards Executive, surrender any information prepared or collected by that member or any other member as part of the committee’s responsibilities or activities.
23: Liability of members
1: A member of a standards development committee is not liable for the work of the committee by reason only of being a member of that committee.
2: A member of a standards development committee is not liable in respect of an act or omission by the member in good faith and in the performance or intended performance of the committee's functions under this Act or any other enactment.
3: Nothing in subsection (2) affects—
a: the liability of any person that is not a civil liability:
b: the right of any person to apply for judicial review.
24: Insurance for liability of member
1: The NZ Standards Executive may effect insurance cover for a member of a standards development committee in relation to his or her acts or omissions, except an act done or omission made that is—
a: in bad faith:
b: not in the performance or intended performance of the committee’s functions.
2: In this section, to effect insurance
24A: Removal of members of standards development committees
1: The NZ Standards Executive may, at any time for just cause, with the approval of the Board, remove a person from membership of a standards development committee by giving written notice to the member.
2: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and
b: state the reasons for the removal.
3: The NZ Standards Executive must give a copy of the notice—
a: to the chairperson of the committee as soon as practicable after giving the notice to the relevant member; or
b: if the relevant member is the chairperson, to the other members of the committee as soon as practicable after giving the notice to the relevant member. 2021 No 31 s 37 Section 24A inserted 30 March 2025 section 165 Regulatory Systems (Economic Development) Amendment Act 2025
24B: Just cause for removal of members
1: In section 24A just cause
a: misconduct, inability to perform the functions of the committee, neglect of duty, and breach of any of the duties of members; and
b: obstructing, hindering, or preventing the committee from performing its functions under this Act.
2: Subsection (1)(b) does not limit subsection (1)(a). 2021 No 31 s 38 Section 24B inserted 30 March 2025 section 165 Regulatory Systems (Economic Development) Amendment Act 2025
24C: Process for removal of members
The NZ Standards Executive may remove a member with as little formality and technicality, and as much expedition, as is permitted by—
a: the principles of natural justice; and
b: a proper consideration of the matter. 2021 No 31 s 39 Section 24C inserted 30 March 2025 section 165 Regulatory Systems (Economic Development) Amendment Act 2025
24D: No compensation for member’s loss of office
A member of a standards development committee is not entitled to any compensation or other payment or benefit relating to their ceasing, for any reason, to hold office as a member. 2021 No 31 s 40 Section 24D inserted 30 March 2025 section 165 Regulatory Systems (Economic Development) Amendment Act 2025
24E: Resignation of members
1: A member of a standards development committee may resign from the committee by written notice to the chairperson, or, if the member is the chairperson, to the NZ Standards Executive.
2: The resignation is effective when the notice is received by the chairperson or the NZ Standards Executive (as the case may be) or at any later time specified in the notice. 2021 No 31 s 41 Section 24E inserted 30 March 2025 section 165 Regulatory Systems (Economic Development) Amendment Act 2025
24F: Members ceasing to hold office
A member of a standards development committee ceases to hold office if the member—
a: dies; or
b: resigns in accordance with section 24E
c: is removed from office in accordance with section 24A
d: otherwise ceases to hold office in accordance with any legislation. 2021 No 31 s 42 Section 24F inserted 30 March 2025 section 165 Regulatory Systems (Economic Development) Amendment Act 2025 Membership of other development committees
25: Membership of other development committees
1: The NZ Standards Executive may—
a: propose any person to be a member of a development committee of a standards organisation other than the NZ Standards Organisation; and
b: refer that proposal to the Board for approval.
2: If the NZ Standards Executive refers a proposal to the Board under subsection (1), the Board must—
a: approve the proposal; or
b: decline the proposal with reasons.
3: The NZ Standards Executive may, by written notice, appoint
4: The NZ Standards Executive must give a copy of a notice appointing a person as a member of a development committee of a standards organisation other than the NZ Standards Organisation to the chairperson (or equivalent) as soon as practicable after giving the notice to the relevant member. Section 25(3) amended 30 March 2025 section 166(1) Regulatory Systems (Economic Development) Amendment Act 2025 Section 25(4) inserted 30 March 2025 section 166(2) Regulatory Systems (Economic Development) Amendment Act 2025
25A: Removal of members of other development committees
1: The NZ Standards Executive may, at any time for just cause, with the approval of the Board, remove a person who was appointed to a development committee of a standards organisation under section 25
2: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice was received; and
b: state the reasons for the removal.
3: The NZ Standards Executive must give a copy of the notice—
a: to the chairperson (or equivalent) as soon as practicable after giving the notice to the relevant member; or
b: if the relevant member is the chairperson (or equivalent), to a representative of the standards organisation with which the relevant committee is associated as soon as practicable after giving the notice to the relevant member. Section 25A inserted 30 March 2025 section 167 Regulatory Systems (Economic Development) Amendment Act 2025
25B: Application of sections 24B to 24F
Sections 24B to 24F
a: a standards development committee, or a committee, were references to a development committee of a standards organisation (other than the NZ Standards Organisation); and
b: the chairperson were references to the chairperson (or equivalent) of a development committee of a standards organisation (other than the NZ Standards Organisation). Section 25B inserted 30 March 2025 section 167 Regulatory Systems (Economic Development) Amendment Act 2025 Fees for New Zealand Standards and cost recovery
26: Setting fees for standards
1: The NZ Standards Executive may set a scale of fees payable for obtaining copies of, or online access to, New Zealand Standards and other standards publications.
2: The NZ Standards Executive may set fees to recover costs associated with—
a: developing, approving, maintaining, and providing access to New Zealand Standards and other standards-related publications:
b: maintaining linkages with other standards organisations:
c: responding to inquiries about New Zealand Standards.
3: The fees set by the NZ Standards Executive under subsection (1) may reflect—
a: the commercial arrangements entered into by the NZ Standards Executive with third parties (for example, royalties and licence fees payable in respect of intellectual property incorporated in New Zealand Standards); and
b: any arrangements made under section 27
c: a balance between the upfront costs of developing and approving a New Zealand Standard and any projected future cost recovery (for example, through the provision of access to New Zealand Standards).
27: Cost arrangements for developing standards
1: The NZ Standards Executive may, if he or she considers it appropriate, enter into arrangements with any person to—
a: develop a New Zealand Standard; and
b: recover the costs associated with developing, approving, maintaining, and providing access to that standard.
2: Any charges set by the NZ Standards Executive under subsection (1)(b) may reflect—
a: the commercial arrangements entered into with third parties by the NZ Standards Executive (for example, royalties and licence fees payable in respect of intellectual property incorporated in New Zealand Standards); and
b: a balance between the upfront costs of developing and approving a New Zealand Standard and projected future cost recovery (for example, through the provision of access to New Zealand Standards); and
c: the projected costs of maintaining New Zealand Standards.
28: Principles of cost recovery
In setting the amount of fees or charges under sections 26 27 Equity
a: costs should, to the extent practicable, be recovered from the users or beneficiaries of the New Zealand Standard or group of New Zealand Standards at a level commensurate with their use of or benefit from the New Zealand Standard or group of New Zealand Standards: Efficiency
b: costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost: Justification
c: costs should be collected only to meet the actual and reasonable costs (including indirect costs) associated with New Zealand Standards development, approval, maintenance, and access: Transparency
d: costs should be identified and allocated as closely as practicable in relation to the tangible value for the sector or sectors to which the New Zealand Standard or group of New Zealand Standards applies: Flexibility
e: the method determined by the NZ Standards Executive for recovering costs for New Zealand Standards development, approval, maintenance, and access should be adaptable to changes and variations in the market for New Zealand Standards and be consistent with the overarching objectives for New Zealand Standards. New Zealand Standards and other legislation Heading amended 28 October 2021 section 3 Secondary Legislation Act 2021
29: Citation of New Zealand Standards
1: A New Zealand Standard may be cited in any legislation
2: If a New Zealand Standard is cited in legislation the legislation 1988 No 5 s 23 Section 29(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
30: Secondary legislation
1: Secondary legislation
2: Secondary legislation 1965 No 59 ss 26, 27; 1988 No 5 s 22 Section 30 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
31: References to New Zealand Standards in other
legislation A reference in any legislation (other than this Act) Standards Act 1988 1988 No 5 s 24 Section 31 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Proof of New Zealand Standards
32: Proof of New Zealand Standards
1: The fact that any standard has been approved or adopted in accordance with this Act and promulgated as a New Zealand Standard is, in the absence of proof to the contrary, sufficient evidence that it is a New Zealand Standard made in accordance with the requirements of this Act.
2: The production in any proceedings of a copy of a standard or specification purporting to be a New Zealand Standard is sufficient evidence that it is a New Zealand Standard in the absence of proof to the contrary.
3: Subsection (2) does not affect any other method of proof. 1988 No 5 s 25
3: Accreditation of conformity assessment bodies
Accreditation Council
33: Continuation of Accreditation Council
1: The council established under section 3 Council
2: The Accreditation Council is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The members of the Accreditation Council are the board for the purposes of the Crown Entities Act 2004 1972 No 36 s 3
34: Membership of Accreditation Council
1: The Accreditation Council consists of 5 to 7 members, who must be appointed by the Minister under section 28
2: In appointing members to the Accreditation Council, the Minister must have regard to—
a: nominations put forward by persons or bodies involved or interested in the development and use of conformity assessment:
b: the nominees’ knowledge of, and experience in, management:
c: the nominees’ knowledge of, and experience in, conformity assessment.
3: The Minister may, at any time, remove a member of the Accreditation Council from office by written notice to the member (with a copy to the Council).
4: A member of the Accreditation Council may, at any time, resign from office by written notice to the Minister (with a copy to the Council) signed by the member.
5: A resignation under subsection (4) is effective on receipt by the Minister of the notice or at any later time specified in the notice. 1972 No 36 s 4
35: Functions of Accreditation Council
The functions of the Accreditation Council are—
a: to promote the development and maintenance of good practice in conformity assessment; and
b: to establish and maintain accreditation schemes for conformity assessment bodies engaged in testing and inspection activities; and
c: to develop and maintain international recognition and acceptance of the Council's accreditation scheme; and
d: to maintain appropriate international relationships consistent with the Council's functions under this section; and
e: to act as New Zealand’s good laboratory practice compliance monitoring authority; and
f: if the Council chooses, to provide certification services; and
g: to perform any other functions that the Minister directs the Council to perform in accordance with section 112 1972 No 36 s 12
36: Criteria for accreditation schemes
In establishing and maintaining an accreditation scheme under section 35(b)
a: is consistent with international practice; and
b: facilitates trade; and
c: addresses an identified industry, consumer, or regulatory need.
37: Powers of Accreditation Council generally
1: The Accreditation Council may—
a: provide, subject to such conditions as the Council thinks fit, for the accreditation of conformity assessment bodies engaged in testing and inspection activities that—
i: apply for accreditation; and
ii: in the Council’s opinion, comply with the requirements set by the Council:
b: prescribe a period of accreditation for any body referred to in paragraph (a):
c: provide for the revocation of the accreditation of a conformity assessment body under this Act (after considering any submissions made on its behalf) for failing to comply with all or any of the requirements or conditions set by the Council on accreditation:
d: require, for every conformity assessment body accredited under this Act,—
i: the institution and maintenance, to the satisfaction of the Council, of control of the services for which the conformity assessment body is accredited; and
ii: the maintenance of any records that, in the opinion of the Council, are necessary to establish that control is maintained:
e: authorise the endorsement, in the name of the Council, of conformity assessment documents issued for services if—
i: the documents are offered by a conformity assessment body accredited under this Act; and
ii: the services are services for which the conformity assessment body is accredited:
f: co-operate with producers and providers of goods, services, and facilities in New Zealand with the object of maintaining and improving the quality of those goods, services, and facilities through the use of conformity assessment practices approved by the Council:
g: co-operate with any person, association, or organisation outside New Zealand having similar functions or objects, with a view to furthering the functions of the Council:
h: become a member of or affiliate to any international body concerned with similar functions or objects:
i: establish and maintain libraries and other sources of information for reference in respect of matters relating to the functions of the Council:
j: collect and disseminate information relating to conformity assessment, including the publication of reports, pamphlets, books, journals, and other publications:
k: provide advisory and other services in respect of conformity assessment:
l: promote research into methods of conformity assessment:
m: promote the testing and assessment of goods and services:
n: establish training centres, consultancies, and other establishments considered necessary for the efficient exercise of its functions:
o: charge fees in respect of accreditation under this Act and of any other services provided:
p: exercise any other powers and perform any other duties that are conferred on it by this Act or any other enactment.
2: This section does not limit the Council's powers under sections 16 17 1972 No 36 s 13
38: Accreditation requirements
1: The Accreditation Council must ensure that any requirements for, or conditions of, accreditation set by the Council under section 37(1)(a)(ii)
2: Regulations may prescribe criteria that the Accreditation Council must apply when setting requirements or conditions under section 37(1)(a)
39: Accreditation Council exempted from income tax
The Accreditation Council is exempt from payment of income tax. 1972 No 36 s 21 Restrictions
40: Statements or representations about being accredited
1: No person may make any statement or representation or use any mark with reference to any goods, processes, services, or facilities that gives or is likely to give the impression that a conformity assessment body that is not accredited under this Act is so accredited.
2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1972 No 36 s 30
2: Miscellaneous provisions
41: Regulations
1: The Governor-General may, by Order in Council, make regulations providing for any matter that is contemplated by this Act as necessary—
a: for giving it full effect; or
b: for its administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Disestablishment of Standards Council
The Standards Council (continued under section 3
43: Transitional provisions
1: The transitional provisions in Schedule 2
2: The transitional provisions in Schedule 3
44: Amendment to Copyright Act 1994
1: This section amends the Copyright Act 1994
2: After section 27(1B)
1C: Subsection (1A) does not affect copyright in any New Zealand Standard (as that term is defined in the Standards and Accreditation Act 2015). OIC LI 2015/312 2016-03-01 Copyright Act 1994 S 44 comes in force by OIC or 6 mths after assent - read s 2
45: Consequential amendments
1: The enactments listed in Schedule 4
2: The enactments listed in Schedule 5 OIC LI 2015/312 2016-03-01 Biosecurity Act 1993 Building Act 2004 Civil Aviation Act 1990 Climate Change Response Act 2002 Commerce Act 1986 Crown Entities Act 2004 Dairy Industry Restructuring Act 2001 Electricity Act 1992 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Fair Trading Act 1986 Gas Act 1992 Health Act 1956 Human Tissue Act 2008 Land Transport Act 1998 Legislation Act 2012 Maritime Transport Act 1994 Medicines Act 1981 National Animal Identification and Tracing Act 2012 Official Information Act 1982 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 Radiocommunications Act 1989 Social Security Act 1964 S 45(1) comes in force by OIC or 6 mths after assent - read s 2 2015-10-21 Animal Products Act 1999 Crown Entities Act 2004 Flags, Emblems, and Names Protection Act 1981 Health Act 1956 Official Information Act 1982 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999 Corrections Regulations 2005 Energy Efficiency (Energy Using Products) Regulations 2002 Gas (Safety and Measurement) Regulations 2010 Health and Safety in Employment (Asbestos) Regulations 1998 Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013 Health and Safety in Employment (Pipelines) Regulations 1999 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 Weights and Measures Regulations 1999 s 45(2) comes in force 1 day after assent - see s 2(1)(b)
46: Repeals
1: The Standards Act 1988
2: The Testing Laboratory Registration Act 1972 OIC LI 2015/312 2016-03-01 Standards Act 1988 S 46(1) comes in force by OIC or 6 mths after assent - read s 2 2015-10-21 Testing Laboratory Registration Act 1972 S 46(2) comes in force 1 day after assent - see s 2(1)(b)
47: Revocation
The Standards Regulations 2006 OIC LI 2015/312 2016-03-01 Standards Regulations 2006 S 47 comes in force by OIC or 6 mths after assent - read s 2


1: Title
This Act is the Construction Contracts Amendment Act 2015.
2: Commencement
1: Sections 6 11
2: Sections 4(3) 18
3: The rest of this Act comes into force on 1 December 2015.
3: Principal Act
This Act amends the Construction Contracts Act 2002 principal Act 2016-09-01 Construction Contracts Act 2002 Sections 6 and 11 only (see s 2(1)) 2017-03-31 Construction Contracts Act 2002 Sections 4(3) and 18 only (see s 2(2)) 2015-12-01 Construction Contracts Act 2002 Rest of the Act (see s 2(3))
1: Amendments to preliminary provisions
4: Section 4 amended (Overview)
1: In section 4(c) and (e) progress
2: Replace section 4(d)
d: default provisions relating to payments are set out in sections 15 to 18:
3: After section 4(d)
da: provisions relating to retentions are set out in sections 18A to 18I
4: Replace section 4(f) to (h)
f: provisions granting a party to a construction contract who is owed money a statutory right to suspend work until payment is made are set out in section 24A
g: provisions relating to the adjudication of disputes are set out in sections 25 to 71:
h: provisions enabling an adjudicator's determination to be reviewed or enforced are set out in sections 71A to 78:
5: Section 5 amended (Interpretation)
1: In section 5 residential construction contract
2: In section 5 construction contract
a: means a contract for carrying out construction work; and
3: In section 5 construction site construction site
a: the land on which the claimant has been carrying out construction work under the relevant construction contract:
b: in relation to related services, the land or premises that are the subject of the contract
4: In section 5 defendant defendant
a: against whom an adjudication determination is made; and
b: against whom enforcement of the determination is sought
5: In section 5 plaintiff progress payment plaintiff
a: in whose favour an adjudication determination is made; and
b: who seeks enforcement of the determination progress payment
a: means a payment for construction work carried out under a construction contract that is in the nature of an instalment (whether or not of equal value) of the contract price for the contract; and
b: includes any final payment under the contract; but
c: does not include an amount that is, or is in the nature of, a deposit under the contract
6: In section 5 working day
c: for the purposes of sections 18, 22, 24A, 33, 35 to 37A, 46, 47, 59, and 66, a day in the period commencing on 24 December in any year and ending with the close of 5 January in the following year; and
7: In section 5 working day 53 71B
8: In section 5 chief executive premises related services section 6(1A)
6: Section 6 amended (Meaning of construction work)
After section 6(1)
1A: Construction work
a: design or engineering work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (d) and (f):
b: quantity surveying work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (g).
7: Section 9 amended (When Act applies: general)
In section 9 10 and 11 11 and 11A
8: Section 10 repealed (When Act applies: residential construction contracts)
Repeal section 10
9: Section 11 amended (When Act does not apply)
1: In section 11(b)(ii)(C) contract ; or
2: After section 11(b)(ii)
iii: provisions under which a party undertakes to carry out construction work as a condition of an agreement for the sale and purchase of second-hand chattels, fixtures, or fittings; or
iv: provisions under which a party undertakes to carry out services—
A: that are for the operation or management of any building or structure or any other part of any land; and
B: that are not, and do not relate to, construction work.
10: New section 11A inserted (Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015)
After section 11
11A: Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015
The amendments made to this Act on 1 December 2015 by the Construction Contracts Amendment Act 2015 do not apply to a construction contract that was entered into before 1 December 2015, unless—
a: the contract is renewed for a further term on or after 1 December 2015; or
b: the parties agree that the amendments will apply.
11: Section 11A amended (Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015)
In section 11A
2: Section 6(1A)
a: the contract is renewed for a further term on or after 1 September 2016 (in which case that section applies only in relation to those obligations that are incurred or undertaken on or after 1 September 2016); or
b: the parties agree that section 6(1A)
2: Amendments to principal provisions
Payments
12: Section 13 amended (Conditional payment provisions ineffective)
1: In section 13(1)(b) progress
2: In section 13(2) conditional payment provision of a construction contract
ca: that is of a kind described in section 18I(1)(a); or
13: Subpart 2 heading in Part 2 replaced
In Part 2, replace the subpart 2
2: Payment provisions
14: Cross-heading above section 14 amended
In the cross-heading above section 14 progress
15: Section 14 amended (Parties free to agree on progress payment provisions in construction contract)
1: In the heading to section 14 progress
2: In section 14(a) progress
3: In section 14
2: To avoid doubt, the parties to a construction contract may expressly agree to a single payment under subsection (1)(a).
16: Cross-heading above section 15 amended
In the cross-heading above section 15 progress
17: Section 18 amended (Due date for payment)
In section 18 progress payment payment (as that term is defined in section 19)
18: New subpart 2A of Part 2 inserted
After section 18
2A: Retention money
18A: Interpretation
In this subpart, unless the context otherwise requires, retention money party A party B
18B: Application of this subpart
1: This subpart applies to commercial construction contracts where the amount of retention money is more than the de minimis amount.
2: Regulations may prescribe the de minimis amount for the purpose of subsection (1).
18C: Trust over retention money
1: All retention money must be held on trust by party A, as trustee, for the benefit of party B.
2: Retention money may be held in the form of cash or other liquid assets that are readily converted into cash.
3: A trust over retention money ends when—
a: the money is paid to party B; or
b: party B, in writing, agrees to give up any claim to the money; or
c: the money ceases to be payable to party B under the contract or otherwise by operation of law.
18D: Accounting
1: Party A must keep proper accounting records of all retention money held that—
a: correctly record all dealings and transactions in relation to the money; and
b: comply with generally accepted accounting principles; and
c: are readily and properly auditable.
2: Party A must make accounting records of retention money available for inspection by party B at all reasonable times and without charge.
3: Regulations may further prescribe methods of accounting for retention money.
18E: Use of retention money
1: Party A must not appropriate any retention money to a use other than to remedy defects in the performance of party B’s obligations under the contract.
2: Retention money held in trust by party A—
a: does not need to be paid into a separate trust account; and
b: may be commingled with other moneys.
18F: Investment of retention money
1: Retention money may be invested by party A in accordance with the Trustee Act 1956 in relation to investment of trust funds.
2: If, upon the realisation of any investment, the amount received is—
a: less than the amount invested, party A must make up the difference between the amount invested and the amount realised:
b: more than the amount invested, party A may retain the benefit of the amount that exceeds the amount invested.
3: Party A may retain the benefit of any interest earned on retention money on or before the date on which it is payable under the contract.
18G: Interest on late payment
1: Interest on retention money is payable to party B from the date on which it is payable under the contract until the date on which it is paid.
2: The interest referred to in subsection (1) is payable—
a: at the rate agreed under the contract; or
b: if the parties have not agreed a rate under the contract, at the rate or rates prescribed in regulations.
18H: Protection of retention money
Retention money—
a: is not available for the payment of debts of any creditor of party A (other than party B):
b: is not liable to be attached or taken in execution under the order or process of any court at the instance of any creditor of party A (other than party B). 2006 No 1 s 113(1)
18I: Prohibited provisions
1: Any term in a construction contract is void that purports to—
a: make the payment of retention money conditional on anything other than the performance of party B’s obligations under the contract; or
b: make the date on which payment of retention money is payable later than the date on which party B has performed all of its obligations under the contract to the standard agreed under the contract; or
c: require party B to pay any fees or costs for administering a trust under this subpart.
2: Any provision in a construction contract is void if the purpose, or one of the purposes, of the provision is to avoid the application of any of the provisions of this subpart.
19: Section 19 amended (Interpretation)
1: In section 19 claimed amount claimed amount
2: In section 19 payee progress
3: In section 19 payer payment
a: a progress payment for construction work carried out under a construction contract; or
b: another type of payment under a construction contract to which a party who has agreed to carry out construction work under the contract is entitled for, or in relation to, construction work carried out by that party under the contract
4: In section 19 scheduled amount progress a
20: Section 20 amended (Payment claims)
1: In section 20(1) each progress a
2: Replace section 20(1)(b)
b: if the contract does not provide for the matter in the case of a progress payment, at the end of the relevant period referred to in section 17(2); or
c: if the contract does not provide for the matter in the case of a single payment expressly agreed under section 14(1)(a)
3: In section 20(2)(b) and (c) progress
4: In section 20(2)(d) indicate state
5: In section 20(3) If a payment claim is served on a residential occupier, it A payment claim
21: Section 21 amended (Payment schedules)
In section 21(2)(c) indicate state
22: Section 22 amended (Liability for paying claimed amount)
In section 22 progress
23: Section 23 amended (Consequences of not paying claimed amount where no payment schedule provided)
In section 23(1)(b) progress
24: Section 24 amended (Consequences of not paying scheduled amount in manner indicated by payment schedule)
In section 24(1)(d) progress
25: New subpart 4 of Part 2 inserted
After section 24
4: Suspension of work
24A: Suspension of construction work
1: A party who carries out construction work under a construction contract ( party A
a: any of the following circumstances applies:
i: a claimed amount is not paid in full by the due date for its payment, and no payment schedule has been provided by the party who it is claimed is liable for the payment ( party B
ii: a scheduled amount is not paid in full by the due date for its payment even though a payment schedule given by party B indicates a scheduled amount that party B proposes to pay to party A:
iii: party B has not complied with an adjudicator's determination that party B must pay an amount to party A by a particular date; and
b: party A has served on party B a notice under section 23(2)(b), 24(2)(b), or 59(2)(b), as the case may be; and
c: the amount mentioned in paragraph (a)(i) or (ii) is not paid, or the determination mentioned in paragraph (a)(iii) is not complied with, within 5 working days after the date of that notice.
2: If party A exercises the right conferred by subsection (1), party A—
a: is not in breach of the construction contract; and
b: is not liable for any loss or damage suffered by party B, or by any person claiming through party B; and
c: is entitled to an extension of time to complete the contract, but is not entitled solely by reason of this Act to recover any costs incurred as a consequence of the extension of time; and
d: keeps party A's rights under the contract, including any right to terminate the contract; and
e: may at any time lift the suspension, even if the amount has not been paid or the determination has not been complied with.
3: To avoid doubt, subsection (2)(c) does not affect party A's rights to recover (whether in an adjudication or otherwise) any costs incurred as a consequence of the extension of time that exist other than solely by reason of this Act, nor does it add anything to those rights.
4: If party A exercises the right conferred by subsection (1), the exercise of that right does not—
a: affect any rights that would otherwise have been available to party A under the Contractual Remedies Act 1979; or
b: enable party B to exercise any rights that may otherwise have been available to party B under that Act as a direct consequence of party A exercising the right conferred by subsection (1).
5: The right to suspend work under a construction contract ceases when party B pays the amount in full or complies with the adjudicator's determination. 2002 No 46 s 72 Adjudication of disputes
26: Section 25 amended (Right to refer disputes to adjudication)
Replace section 25(2)
2: An example of a dispute is a disagreement between the parties to a construction contract about—
a: whether an amount is payable under the contract (for example, a progress payment) or the reasons given for non-payment of that amount; or
b: whether there has been a breach of a term of the contract (including a term implied into the contract under the Building Act 2004 or any other enactment).
27: Section 26 amended (Relationship between Part and other dispute resolution procedures)
In section 26(3) However, an An
28: Section 27 amended (Effect of Part on civil proceedings)
In section 27(1) and section 61(2)
29: Section 28 amended (How to initiate adjudication)
After section 28(2)
3: A notice of adjudication must also set out prominently, in the prescribed form (if any),—
a: a statement of the respondent's rights and obligations in the adjudication; and
b: a brief explanation of the adjudication process.
30: Section 31 replaced (When claimant may not seek approval for issue of charging order)
Replace section 31
31: When claimant may not seek approval for issue of charging order
1: A claimant may not seek any of the matters referred to in section 29 or 30 against an owner who is—
a: an individual who is occupying, or intends to occupy, wholly or mainly as a dwellinghouse, the premises that are the subject of a construction contract:
b: a trustee of a family trust, where the premises that are the subject of a construction contract are—
i: owned by the trust; and
ii: occupied, or intended to be occupied, wholly or mainly as a dwellinghouse, by any beneficiary of the trust.
2: In this section, family trust
31A: Compliance with requirements of Act relating to supply of certain information
1: No notice of adjudication is invalid for any failure to comply strictly with the requirements of section 28(2)(a) to (d) and (g) as long as—
a: the notice is in writing; and
b: the nature of the dispute and the names of the parties involved are stated in the notice; and
c: any non-compliance does not mislead or unjustly affect the interests of the recipient.
2: If a notice of adjudication fails, in accordance with section 28(2)(e) or (f), to state whether a charging order is being sought, approval for the issue of a charging order may not be given.
3: A notice of adjudication that fails to comply with section 28(3)
a: this Part applies as if no notice of adjudication had been served; and
b: the claimant may serve on the respondent a new notice of adjudication that complies with section 28(3)
4: If a party to an adjudication wishes to provide another party or the adjudicator with copies of, or extracts from, the construction contract but is for any reason unable to do so (for example, in a case where the contract is oral), that party may provide the missing information in the form of a statutory declaration together with any supporting documents that are available. 2002 No 46 s 64
31: Section 32 amended (Owner who is not respondent is party to adjudication proceedings)
In section 32(2)(a) 37, 37A,
32: Section 33 amended (Selection of adjudicator)
Replace section 33(2)(b)
b: for the purposes of subsection (1)(c), 5 working days after the notice of adjudication has been served or any further period that the parties may agree; and
c: for the purposes of subsection (1)(d), 2 to 5 working days after the notice of adjudication has been served or any further period that the parties may agree.
33: Section 35 amended (Appointment of adjudicator)
1: In section 35(2) notice of acceptance (a notice of acceptance
2: Repeal section 35(4) and (5)
3: In section 35(6) that confirms the person meets the eligibility criteria for adjudicators under section 34 that complies with section 35A
34: New section 35A inserted (Notice of acceptance)
After section 35
35A: Notice of acceptance
1: A notice of acceptance must be in the form (if any) prescribed in regulations made under this Act.
2: A notice of acceptance that fails to confirm that the adjudicator meets the eligibility criteria for adjudicators under section 34 has no effect.
35: Section 37 amended (Response to adjudication claim)
1: Replace section 37(1)
1: A respondent may serve a written response to the adjudication claim on the adjudicator—
a: within 5 working days after receiving that claim or the adjudicator's notice of acceptance (whichever is the later); or
b: within any further time that the parties to the adjudication agree; or
c: within any further time that the adjudicator allows.
2: After section 37(3)
4: Subsection (5) applies if, before the end of the period referred to in subsection (1)(a), the respondent requests additional time to serve a written response.
5: For the purpose of subsection (1)(c), an adjudicator—
a: must allow the respondent additional time to serve a written response if the adjudicator considers it necessary—
i: having regard to the size or complexity of the claim; or
ii: because, in the adjudicator's opinion, the claim has been served with undue haste and, as a result, the respondent has had insufficient time to prepare his or her response:
b: may allow the respondent additional time to serve a written response if the adjudicator considers that additional time is reasonably required for any reason.
36: New section 37A inserted (Reply to response to adjudication claim)
After section 37
37A: Reply to response to adjudication claim
1: A claimant may serve on the adjudicator a written reply to the response under section 37(1)
2: The claimant's written reply must be served within 5 working days after a copy of the response is served on the claimant under section 37(3).
3: The claimant must serve a copy of the reply and any accompanying documents on the respondent and every other party to the adjudication either before or immediately after they are served on the adjudicator.
4: An adjudicator who receives a claimant's written reply under subsection (1) may—
a: refuse to consider any new material or issues raised in the reply:
b: allow the respondent up to 2 working days to serve a rejoinder to the claimant's reply.
37: New sections 38A and 38B inserted
After section 38
38A: Special provisions for adjudication if approval for charging order sought by claimant
An adjudication in which the claimant seeks approval for the issue of a charging order in respect of a construction site must be conducted by an adjudicator who—
a: is nominated for the purpose by an authorised nominating authority; and
b: has the specific additional qualifications, expertise, and experience that may be prescribed for the purposes of this section (if any). 2002 No 46 s 63
38B: Parties may be represented at adjudication proceedings
1: Any party to a dispute that has been referred to adjudication may be represented by the representatives (whether legally qualified or not) that the party considers appropriate.
2: Subsection (1) is subject to the adjudicator's power to direct that the number of representatives present at a conference of the parties is to be limited to allow for the efficient conduct of proceedings. 2002 No 46 s 67
38: Section 45 amended (Adjudicator’s determination: matters to be considered)
1: In section 45(c) 36 and the claimant’s written reply (if any) referred to in section 37A
2: In section 45(d) 37 and the respondent’s rejoinder (if any) referred to in section 37A(4)(b)
39: Section 47 amended (Adjudicator's determination: form)
1: After section 47(1)(b)(i)
ia: must be dated; and
2: In section 47(1)(b)(iii) in a case where the adjudicator determines that a party to the adjudication is liable to make a payment,
40: Sections 52 to 55 repealed
Repeal sections 52 to 55
41: Section 58 amended (Enforceability of adjudicator's determination)
1: In section 58(2) is not enforceable is enforceable in accordance with section 59A
2: Repeal section 58(3)
42: New section 59A inserted (Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2))
After section 59
59A: Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2)
1: This section applies if a party against whom an adjudication determination is made fails to comply with the adjudicator's determination under section 48(1)(b) or (2) in respect of rights and obligations under the contract.
2: The party in whose favour the determination was made may apply for the determination to be enforced by entry as a judgment in accordance with sections 73 to 78 (but only after such date, if any, specified in the adjudicator's determination for compliance).
43: Section 60 amended (Effect of review or other proceeding on adjudicator's determination under section 48(1)(a))
In section 60 under section 48(1)(a)
44: Section 61 repealed (Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2))
Repeal section 61
45: Sections 62 to 64 and 67 repealed
Repeal sections 62 to 64 67
46: Section 71 amended (Application of other enactments to adjudications)
1: In section 71(2)(c) 1993 ; and
2: After section 71(2)(c)
d: civil proceedings against a person for the purposes of section 393(2) of the Building Act 2004. Review and enforcement of adjudicator's determination
47: Part 4 heading replaced
Replace the Part 4
4: Review and enforcement of adjudicator's determination
48: New subpart 1AA of Part 4 inserted
After the Part 4
1AA: Review of adjudicator's determination
Review of adjudicator's determination in respect of owner who is not respondent
71A: Owner who is not respondent may apply to District Court for review of adjudicator's determination
1: An owner who is not a respondent may apply to a District Court for a review of—
a: an adjudicator's determination that the owner is jointly and severally liable with the respondent to make a payment to the claimant; and
b: an adjudicator's approval for the issue of a charging order in respect of the construction site.
2: A District Court has the jurisdiction to hear and determine an application for review under this section despite any limits imposed on District Courts in their ordinary civil jurisdiction by sections 29 to 34 of the District Courts Act 1947. 2002 No 46 s 52
71B: Procedure for seeking review
1: An application for review under section 71A
2: The notice must be filed—
a: within 20 working days after the date of the determination to which the application for review relates; or
b: within any further time that the District Court may allow on application made before or after the expiration of the period referred to in paragraph (a). 2002 No 46 s 53
71C: Powers of District Court on review
1: For the purpose of hearing the application for review, the District Court—
a: must conduct the review as a hearing de novo
b: has all the powers, duties, functions, and discretions of the adjudicator in making the determination to which the application for review relates; and
c: has all the powers vested in a District Court in its civil jurisdiction.
2: On hearing the application for review, the District Court may—
a: quash the determination, and substitute for it any other determination that the adjudicator could have made in respect of the original proceedings; or
b: refuse the application.
3: A District Court's determination under subsection (2)(a)—
a: has effect as if it were a determination made by an adjudicator for the purposes of this Act; and
b: is not a final determination of the dispute between the claimant and respondent to the adjudication under review.
4: Subsection (3)(b) does not prevent any proceedings between the claimant and respondent to the adjudication under review from being heard and determined at the same time as the application for review under this section. 2002 No 46 s 54
71D: Effect of review on adjudicator's determination
An application for review under section 71A 2002 No 46 s 55
49: Subpart 1 of Part 4 repealed
Repeal subpart 1
50: Section 73 amended (Enforcement of adjudicator's determination)
1: Repeal section 73(1)
2: Replace section 73(2)
2: A plaintiff may apply for an adjudicator's determination to be enforced by entry as a judgment in accordance with this subpart.
3: Replace section 73(5)
5: Despite subsection (2), a plaintiff in whose favour a determination has been made may only apply for that determination to be enforced by entry as a judgment—
a: if any conditions imposed by the adjudicator have been met; and
b: after the date (if any) specified in the adjudicator's determination for compliance.
51: Section 74 amended (Defendant may oppose entry as judgment)
1: In section 74(1) 15 5
2: After section 74(2)(c)
d: that due to a change in circumstances, which was not caused in any part by the defendant, it is not possible to comply with the adjudicator's determination:
e: that the date (if any) specified in the adjudicator's determination for compliance has not (yet) passed.
3: After section 74(2)
2A: Subsection (2)(d) applies only if the adjudicator’s determination is a determination under section 48(1)(b) or (2).
52: Section 75 amended (Entry as judgment if defendant takes no steps)
In section 75 15 5
3: Amendments to miscellaneous provisions
53: Section 80 amended (Service of notices)
In section 80(d) in the prescribed manner (if any) in the manner (if any) prescribed in regulations made under this Act
54: Section 82 amended (Regulations)
In section 82
2: Regulations prescribing the form of a notice of acceptance may, for example, require that the notice—
a: state that the adjudicator has accepted appointment as adjudicator:
b: if the adjudicator has been appointed by a nominating body agreed between the parties, state that the nominating body has appointed the adjudicator because the parties could not or did not agree on an adjudicator:
c: if an authorised nominating authority has appointed the adjudicator, state that the authorised nominating authority has appointed the adjudicator because the parties could not or did not agree on an adjudicator:
d: confirm that the adjudicator meets the eligibility criteria for adjudicators under section 34:
e: set out all of the relevant time frames for the adjudication process:
f: identify which time frames have already commenced:
g: note which time frames the respondent can ask the adjudicator to extend:
h: indicate the likely costs of the adjudication:
i: identify alternative options which may be available to the parties to resolve their dispute (other than by continuing the adjudication process).
55: New section 83 inserted (Chief executive may require adjudication information)
After section 82
83: Chief executive may require adjudication information
1: The chief executive may, for statistical or research purposes, require adjudicators, nominating authorities, or nominating bodies to provide any information (in their possession or under their control) regarding adjudications, including, for example, the number, nature, or outcome of adjudications initiated under this Act.
2: A person must not disclose information under subsection (1) except—
a: with the consent of the relevant party to the dispute and any identifiable person to whom it relates; or
b: to the extent that the information is already in the public domain; or
c: in statistical or summary form arranged in a manner that prevents any information disclosed from being identified by any person as relating to any particular person; or
d: if the information is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify any particular person.


1: Title
This Act is the New Zealand Superannuation and Retirement Income Amendment Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act New Zealand Superannuation and Retirement Income Act 2001 principal Act 2015-10-23 New Zealand Superannuation and Retirement Income Act 2001
4: Section 38 amended (Property of Fund)
In section 38
2: The Fund is not an entity separate from the Crown.
3: However, subsection (2)
5: New section 49A inserted (Saving of certain transactions)
After section 49
49A: Saving of certain transactions
1: A failure by the Guardians to comply with any provision of this Act or the Crown Entities Act 2004 does not affect the validity or enforceability of any deed, agreement, right, or obligation that is entered into, obtained, or incurred by—
a: the Guardians; or
b: a Fund investment vehicle referred to in section 59A
c: a Crown entity subsidiary of the Guardians.
2: This section applies only to the extent that the deed, agreement, right, or obligation is entered into, obtained, or incurred for the purpose of performing the functions of the Guardians.
3: This section applies despite anything to the contrary in this Act or the Crown Entities Act 2004 or any other enactment or rule of law. 1986 No 124 s 21
6: Section 59 amended (No controlling interests)
After section 59(4)
5: This section—
a: does not apply to a Fund investment vehicle referred to in section 59A
b: does apply to an entity in which a Fund investment vehicle has an interest, as if the investments of the Fund that are held, facilitated, or managed by the Fund investment vehicle were held directly by the Guardians as manager and administrator of the Fund.
7: New section 59A inserted (Fund investment vehicles)
After section 59
59A: Fund investment vehicles
1: All or any of the investments of the Fund may be held in an entity that is formed or controlled by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund (a Fund investment vehicle
2: A Fund investment vehicle is not a Crown entity subsidiary for the purposes of section 7(1)(c) of the Crown Entities Act 2004.
3: Interests in Fund investment vehicles are Fund investments and part of the Fund.
4: To avoid doubt, the Official Information Act 1982 and the Ombudsmen Act 1975 do not apply to Fund investment vehicles, but the Official Information Act 1982 applies to the Guardians in respect of information held by the Guardians about Fund investment vehicles.
5: Subsection (1)
8: Section 61 amended (Contents of statements of investment policies, standards, and procedures)
After section 61(f)
fa: the governance framework for the implementation and operation of Fund investment vehicles referred to in section 59A
9: Schedule 3 amended
1: In Schedule 3, after clause 39(b)
c: a Fund investment vehicle that is formed or controlled under section 59A
2: In Schedule 3, repeal clause 40


Crimes Amendment Act 2015

1: Title
This Act is the Crimes Amendment Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act Crimes Act 1961 principal Act 2015-11-07 Crimes Act 1961
4: Section 2 amended (Interpretation)
In section 2(1) crime involving dishonesty crime involving dishonesty
a: sections 100 to 105F
b: Part 10, except sections 267 to 272, 298A, and 298B:
c: the Secret Commissions Act 1910
5: Section 98D replaced (Trafficking in people by means of coercion or deception)
Replace section 98D
98D: Trafficking in persons
1: Every person is liable to the penalty stated in subsection (2)
a: the entry of a person into, or the exit of a person out of, New Zealand or any other State—
i: for the purpose of exploiting or facilitating the exploitation of the person; or
ii: knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or
b: the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—
i: for the purpose of exploiting or facilitating the exploitation of the person; or
ii: knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.
2: The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.
3: Proceedings may be brought under this section even if—
a: parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:
b: the person exploited, coerced, or deceived—
i: did not in fact enter or exit the State concerned; or
ii: was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.
4: For the purposes of this section, exploit
a: prostitution or other sexual services:
b: slavery, practices similar to slavery, servitude, forced labour, or other forced services:
c: the removal of organs.
6: Section 105C amended (Bribery of foreign public official)
1: In section 105C(1) business employee
2: In section 105C(1) routine government action official ; or
3: In section 105C(1) routine government action
c: any action that provides—
i: an undue material benefit to a person who makes a payment; or
ii: an undue material disadvantage to any other person.
4: In section 105C(2) Every one is liable to imprisonment for a term not exceeding 7 years Every person commits an offence
5: After section 105C(2)
2A: A body corporate or corporation sole commits an offence against subsection (2) if—
a: an employee of the body corporate or corporation sole does an act that would constitute an offence under subsection (2); and
b: the employee does the act, in whole or in part, with the intent to benefit the body corporate or corporation sole; and
c: the employee, in doing the act, is acting within the scope of their authority as an employee of the body corporate or corporation sole.
2B: A body corporate or corporation sole does not commit an offence under subsection (2) if it has taken reasonable steps to prevent the offence.
2C: If a body corporate or corporation sole is charged with an offence under subsection (2), it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps.
2D: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 7 years, or a fine, or both.
2E: A fine imposed under subsection (2D)
a: $5 million; or
b: if a court is satisfied that an offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain.
6: Replace section 105C(4)
4: Subsections (2A), (2B), and (2C)
a: apply only in respect of offences under subsection (2) and section 105D; and
b: do not preclude the liability of a body corporate or corporation sole under any other provision of this Act.
7: Section 105D amended (Bribery outside New Zealand of foreign public official)
Repeal section 105D(4)
8: Section 105E replaced (Exception for acts lawful in country of foreign public official)
Replace section 105E
105E: Corruption of foreign public officials
1: Every person specified in subsection (2)
2: Subsection (1)
a: any foreign public official who has committed the offence while in New Zealand:
b: any person employed as a foreign public official who has committed the offence while outside New Zealand if the person is—
i: a New Zealand citizen; or
ii: ordinarily resident in New Zealand; or
iii: a body corporate incorporated in New Zealand; or
iv: a corporation sole incorporated in New Zealand.
3: Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment.
105F: Trading in influence
Every person is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person with intent to influence an official in respect of any act or omission by that official in the official's official capacity (whether or not the act or omission is within the scope of the official's authority).
9: Section 106 amended (Restrictions on prosecution)
In section 106(1) and 105D 105D, 105E, and 105F
10: Section 228 amended (Dishonestly taking or using document)
In section 228
2: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that—
a: the document was, dishonestly and without claim of right, taken, obtained, or used; and
b: the document was dealt with in the manner specified in paragraph (a)
11: New sections 228A to 228C inserted
After section 228
228A: Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty
Every person is liable to imprisonment for a term not exceeding 3 years who designs, manufactures, or adapts goods with intent to facilitate the commission of a crime involving dishonesty.
228B: Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty
Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses, sells, or disposes of any goods designed, manufactured, or adapted to facilitate the commission of a crime involving dishonesty, with intent to use, or to enable another person to use, the goods to facilitate the commission of a crime involving dishonesty.
228C: Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences
Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses any goods capable of being used to facilitate the commission of a crime involving dishonesty (other than those specified in sections 227, 233, and 264) with intent to use the goods to facilitate the commission of that offence.
12: Section 240 amended (Obtaining by deception or causing loss by deception)
After section 240(1)
1A: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that, by deception and without claim of right, the document or thing was, or was caused to be, delivered, executed, made, accepted, endorsed, or altered.
13: Section 243 amended (Money laundering)
1: In section 243(1) act offence
2: In section 243(1) proceeds a serious offence an offence
3: In section 243(1) serious offence
4: In section 243(2) and (3) a serious offence an offence
5: In section 243(4) for the purpose of concealing any property or enabling another person to conceal any property, in concealing any property or by enabling any person to conceal any property,
6: After section 243(4)
4A: Despite anything in subsection (4), the prosecution is not required to prove that the defendant had an intent to—
a: conceal any property; or
b: enable any person to conceal any property.
7: In section 243(5) serious
8: After section 243(6)
7: To avoid doubt, for the purposes of the definition of offence in subsection (1), New Zealand law includes, but is not limited to, the Misuse of Drugs Act 1975.
14: Section 243A replaced (Charges for money laundering)
Replace section 243A
243A: Charges for money laundering
A person may be charged under section 243(2) or (3) in respect of any property that is the proceeds of an offence to which section 243(2) or (3) applies even though the person who committed the offence—
a: has not been charged with that offence; or
b: has not been convicted of that offence.
15: Section 244 amended (Defence of enforcement of enactment)
In section 244(a) this section, any other provision of this Act, or any other enactment relating to a serious offence section 243
16: Section 245 replaced (Section 243 not to apply to certain acts committed outside New Zealand)
Replace section 245
245: Application of section 243 to acts outside New Zealand
1: Section 243 applies to an act that has occurred outside New Zealand and that is alleged to constitute an offence resulting in proceeds only if—
a: the act was an offence under the law of the place where and when it occurred; or
b: it is an act to which section 7 or 7A of this Act applies; or
c: an enactment provides that the act is an offence in New Zealand, and no additional requirement exists for the act to be an offence in the place where and when it occurred.
2: If a person is charged with an offence under section 243 and subsection (1)(a)
17: Section 256 amended (Forgery)
After section 256(4)
5: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any false document knowing it to be false and to have been made with the intention that it be used or acted on (in New Zealand or elsewhere) as genuine.
18: Section 258 amended (Altering, concealing, destroying, or reproducing documents with intent to deceive)
After section 258(2)
3: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that—
a: the document was altered, concealed, or made, in whole or in part, as a reproduction of another document; and
b: the document was dealt with in the manner specified in paragraph (a)
i: obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
ii: cause loss to any other person.


1: Title
This Act is the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015.
2: Commencement
This Act comes into force on 1 July 2017
3: Principal Act
This Act Anti-Money Laundering and Countering Financing of Terrorism Act 2009 principal Act 2017-07-01 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: Section 4 amended (Overview)
1: In section 4(3) 6 subparts 7 subparts
2: After section 4(3)(b)
ba: subpart 2A
5: Section 5 amended (Interpretation)
1: In section 5 domestic physical cash transaction international wire transfer
a: at least 1 of the following institutions is in New Zealand:
i: the ordering institution:
ii: the intermediary institution:
iii: the beneficiary institution; and
b: at least 1 of the following institutions is outside New Zealand:
i: the ordering institution:
ii: the intermediary institution:
iii: the beneficiary institution prescribed transaction
a: an international wire transfer of a value greater than the applicable threshold value; or
b: a domestic physical cash transaction of a value greater than the applicable threshold value prescribed transaction report section 48A
2: In section 5 law enforcement purposes
iv: an offence within the meaning of section 243(1) of the Crimes Act 1961:
6: Section 40 amended (Reporting entities to report suspicious transactions)
In section 40(1)(b)(v) a serious offence an offence
7: Section 42 amended (Privileged communication defined)
In section 42(1) section 40(3) sections 40(3) and 48A(2)
8: Section 43 amended (Auditors may report suspicious transactions)
In section 43(1)(e) a serious offence an offence
9: New subpart 2A of Part 2 inserted
After section 48
2A: Prescribed transaction reports
48A: Reporting entities to report certain prescribed transactions
1: Despite any other enactment or rule of law, but subject to any regulations made under section 154, if a person conducts a prescribed transaction through a reporting entity, the reporting entity must (as soon as practicable, but not later than 10 working days after the transaction) report the transaction to the Commissioner in accordance with section 48B
2: Nothing in subsection (1)
48B: Prescribed transaction reports
1: Except as provided in subsection (2) section 48A(1)
a: be in the form or forms (if any) prescribed by regulations made under section 153(c); and
b: contain the following information:
i: a description of the nature of the transaction:
ii: the amount of the transaction and the currency in which it was denominated:
iii: the date on which the transaction was conducted:
iv: the parties to the transaction:
v: if applicable, the name of the facility through which the transaction was conducted, and any other facilities (whether or not provided by the reporting entity) directly involved in the transaction:
vi: any other information prescribed by regulations made under section 153(c); and
c: be signed by a person authorised by the reporting entity to sign prescribed transaction reports (unless the report is provided by electronic means other than an electronic copy of the signed report); and
d: be forwarded, in writing, to the Commissioner—
i: by way of secure electronic transmission specified or provided by the Commissioner for this purpose; or
ii: by another means (including, without limitation, by way of transmission by post, fax, or email) that may be agreed from time to time between the Commissioner and the reporting entity concerned.
2: The Commissioner may confer the authority to receive a prescribed transaction report under subsection (1)
a: any specified Police employee; or
b: Police employees of any specified rank or class; or
c: any Police employee or Police employees for the time being holding any specified office or specified class of offices.
48C: Sections 43 to 48 apply to prescribed transactions
Sections 43 to 48 apply, with all necessary modifications, to prescribed transactions.
10: Section 57 amended (Minimum requirements for AML/CFT programmes)
After section 57(d)
da: reporting prescribed transactions; and
11: Section 78 amended (Meaning of civil liability act)
After section 78(d)
da: fails to report transactions in accordance with subpart 2A
12: Section 90 amended (Pecuniary penalties for civil liability act)
In section 90(3) section 78(a), (e), or (f), section 78(a), (da)
13: Cross-heading above section 92 replaced
Replace the cross-heading above section 92 Offences relating to suspicious transaction reports and prescribed transaction reports
14: Section 92 amended (Failing to report suspicious transaction)
In section 92(b)(v) a serious offence an offence
15: Section 93 amended (Providing false or misleading information in connection with suspicious transaction report)
1: In the heading to section 93 suspicious transaction report suspicious transaction reports or prescribed transaction reports
2: In section 93 a suspicious transaction report or in supplying information in connection with that report a suspicious transaction report or a prescribed transaction report, or in supplying information in connection with a suspicious transaction report or a prescribed transaction report
16: Section 94 amended (Unlawful disclosure of suspicious transaction report)
1: In the heading to section 94 suspicious transaction report suspicious transaction reports or prescribed transaction reports
2: In section 94(2)(b) a suspicious transaction report or a prescribed transaction report
17: Section 95 amended (Failure to keep or retain adequate records relating to suspicious transaction)
1: In the heading to section 95 suspicious transaction suspicious transactions or prescribed transactions
2: In section 95 suspicious transaction or a prescribed transaction
18: Section 96 amended (Obstruction of investigation relating to suspicious transaction report)
1: In the heading to section 96 suspicious transaction report suspicious transaction reports or prescribed transaction reports
2: In section 96 report or prescribed transaction report
19: Section 97 amended (Contravention of section 47(1))
1: In the heading to section 97 47(1) or 48A(1)
2: In section 97 47(1) or 48A(1)
20: Section 99 amended (Time limit for prosecution of offences relating to civil liability act and suspicious transaction reports)
In the heading to section 99 reports or prescribed transaction reports
21: Section 101 amended (Structuring transaction to avoid application of AML/CFT requirements)
In section 101
2: For the purposes of this section, transaction
22: Section 142 amended (Financial intelligence functions of Commissioner)
1: After section 142(j)
ja: receive, analyse, and (if appropriate) refer to investigative branches of the New Zealand Police and to other law enforcement agencies, any prescribed transaction reports:
2: In section 142(f) reports and prescribed transaction reports
3: In section 142(g) reports and prescribed transaction reports
4: In section 142(h) reports and prescribed transaction reports
23: Section 143 amended (Powers relating to financial intelligence functions of Commissioner)
1: In section 143(a) report or a prescribed transaction report
2: In section 143(b) suspicious transaction reports, prescribed transaction reports,
24: Section 145 amended (Guidelines relating to reporting of suspicious transactions)
In section 145(1)(a)(v) a serious offence an offence
25: Section 154 amended (Regulations relating to application of Act)
After section 154(1)(c)
ca: exempting a reporting entity or a class of reporting entity from the obligation to report under section 48A


1: Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2015.
2: Commencement
This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day that is 90 days after the date on which the Act receives the Royal assent.
3: Principal Act
This Act amends the Criminal Investigations (Bodily Samples) Act 1995 principal Act 2016-02-04 Criminal Investigations (Bodily Samples) Act 1995 Refer section 2(b)
4: Section 27 amended (Access to and disclosure of information on DNA profile databank)
After section 27(1)(c)
d: for the purpose of responding to a request under the Mutual Assistance in Criminal Matters Act 1992 if—
i: access to the information requested is authorised by the Attorney-General; and
ii: the request relates to an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year.


Companies Amendment Act 2015

1: Title
This Act is the Companies Amendment Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Companies Act 1993 principal Act 2015-11-07 Companies Act 1993
4: Section 194 amended (Accounting records must be kept)
After section 194(1)
1A: For the purpose of subsection (1), the transactions of the company include any transaction that constitutes an act of the type described in section 105C(3) of the Crimes Act 1961.
5: Section 366 amended (Disclosure of information and reports)
In section 366(1B) section 49(3) law enforcement purposes
v: any offence that is punishable by imprisonment for a term of 5 years or more and includes any act, wherever committed, that if committed in New Zealand would constitute an offence punishable by imprisonment for a term of 5 years or more:


1: Title
This Act is the Criminal Proceeds (Recovery) Amendment Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Criminal Proceeds (Recovery) Act 2009 principal Act 2015-11-07 Criminal Proceeds (Recovery) Act 2009
4: Section 134 amended (Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders)
After section 134(1)(b)
ba: section 22 (application for restraining order without notice):
5: Section 137 amended (Extension of duration of registration of foreign restraining order)
After section 137(2)
2A: The duration of the registration of a foreign restraining order may be extended more than once under this section.


1: Title
This Act is the Customs and Excise Amendment Act (No 2) 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Customs and Excise Act 1996 principal Act 2015-11-07 Customs and Excise Act 1996
4: Section 54 amended (Prohibited imports)
1: After section 54(1)(aa)
ab: goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or
ac: goods that, having regard to all relevant circumstances, can reasonably be considered—
i: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or
ii: related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; or
2: After section 54(8)
9: In this section, crime involving dishonesty
5: Section 56 amended (Prohibited exports)
1: After section 56(1)(a)
ab: goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; and
ac: goods that, having regard to all relevant circumstances, can reasonably be considered—
i: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or
ii: related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; and
2: In section 56(2A) crime involving dishonesty
6: Section 209 amended (Offences in relation to importation or exportation of prohibited goods)
1: In section 209(1)(c) is knowingly except for the conduct described in paragraph (cab), is knowingly
2: After section 209(1)(ca)
cab: is knowingly concerned in any importation or exportation of—
i: goods that are designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or
ii: goods that, having regard to all relevant circumstances, can reasonably be considered—
A: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or
B: related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; or
3: After section 209(2)
2A: Every person who commits an offence against subsection (1)(cab) is liable on conviction to imprisonment for a term not exceeding 3 years.
4: After section 209(6)
7: In this section, crime involving dishonesty