Harmful Digital Communications Act 2015

1: Title
This Act is the Harmful Digital Communications Act 2015.
2: Commencement
1: Sections 22 to 25 Part 2
2: The rest of this Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: 2 years after the date on which this Act receives the Royal assent.
3: One or more Orders in Council may be made under subsection (2) appointing different dates for different provisions.
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 21 November 2016 clause 2 Harmful Digital Communications Act Commencement Order (No 2) 2016 Section 2(2) brought into force 27 November 2015 clause 2 Harmful Digital Communications Act Commencement Order 2015 Section 2(2) brought into force 20 May 2016 clause 2 Harmful Digital Communications Act Commencement Order 2016 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Approved Agency and enforcement
1: Purpose, interpretation, the Crown, and communication principles
3: Purpose
The purpose of this Act is to—
a: deter, prevent, and mitigate harm caused to individuals by digital communications; and
b: provide victims of harmful digital communications with a quick and efficient means of redress.
4: Interpretation
In this Act, unless the context otherwise requires,— applicant section 11 application the District Court section 15 Approved Agency Agency section 7 chief executive defendant digital communication
a: means any form of electronic communication; and
b: includes any text message, writing, photograph, picture, recording, or other matter that is communicated electronically harm individual intimate visual recording
a: means a visual recording (for example, a photograph, videotape, or digital image) that is made in any medium using any device with or without the knowledge or consent of the individual who is the subject of the recording, and that is of—
i: an individual who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and the individual is—
A: naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or
B: engaged in an intimate sexual activity; or
C: engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or
ii: an individual's naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—
A: from beneath or under an individual's clothing; or
B: through an individual's outer clothing in circumstances where it is unreasonable to do so; and
b: includes an intimate visual recording that is made and transmitted in real time without retention or storage in—
i: a physical form; or
ii: an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing IPAP section 122A(1) Minister online content host post
a: means to transfer, send, publish, disseminate, or otherwise communicate by means of a digital communication—
i: any information, whether truthful or untruthful, about the victim; or
ii: an intimate visual recording of an individual; and
b: includes an attempt to do anything referred to in paragraph (a) professional leader section 10(1) registered school section 10(1) victim
a: in relation to section 22
b: in relation to section 22A Section 4 application amended 1 March 2017 section 261 District Court Act 2016 Section 4 post inserted 9 March 2022 section 4(1) Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Section 4 posts a digital communication repealed 9 March 2022 section 4(2) Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Section 4 professional leader amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 registered school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 victim inserted 9 March 2022 section 4(1) Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022
5: Act binds the Crown
This Act binds the Crown. Communication principles
6: Communication principles
1: The communication principles are— Principle 1 A digital communication should not disclose sensitive personal facts about an individual. Principle 2 A digital communication should not be threatening, intimidating, or menacing. Principle 3 A digital communication should not be grossly offensive to a reasonable person in the position of the affected individual. Principle 4 A digital communication should not be indecent or obscene. Principle 5 A digital communication should not be used to harass an individual. Principle 6 A digital communication should not make a false allegation. Principle 7 A digital communication should not contain a matter that is published in breach of confidence. Principle 8 A digital communication should not incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual. Principle 9 A digital communication should not incite or encourage an individual to commit suicide. Principle 10 A digital communication should not denigrate an individual by reason of his or her colour, race, ethnic or national origins, religion, gender, sexual orientation, or disability.
2: In performing functions or exercising powers under this Act, the Approved Agency and courts must—
a: take account of the communication principles; and
b: act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990
2: Enforcement provisions
Approved Agency
7: Approved Agency
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: appoint as the Approved Agency for the purpose of this Act—
i: any person or organisation:
ii: any department:
iii: any Crown entity:
b: prescribe the functions of the Approved Agency that are in addition to the functions specified in section 8(1)
c: prescribe any reporting requirements, accountability measures, or other terms or conditions that the Approved Agency must comply with.
2: Before recommending the making of an Order in Council under subsection (1), the Minister must be satisfied that the appointee has the appropriate knowledge, skills, and experience to carry out some or all of the functions of the Approved Agency under this Act.
3: The Approved Agency holds office for the term specified in the order made under subsection (1).
4: A person is not to be regarded as being employed in the service of the Crown for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
5: The Approved Agency is subject to the Ombudsmen Act 1975 Official Information Act 1982 Public Records Act 2005
6: 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 7(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 7(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Functions and powers of Approved Agency
1: The functions of the Approved Agency are—
a: to receive and assess complaints about harm caused to individuals by digital communications:
b: to investigate complaints:
c: to use advice, negotiation, mediation, and persuasion (as appropriate) to resolve complaints:
d: to establish and maintain relationships with domestic and foreign service providers, online content hosts, and agencies (as appropriate) to achieve the purpose of this Act:
e: to provide education and advice on policies for online safety and conduct on the Internet:
f: to perform the other functions conferred on it by or under this Act, including functions prescribed by Order in Council made under section 7
2: The Agency may, subject to any other enactment, seek and receive any information that the Agency considers will assist it in the performance of its functions.
3: The Agency may refuse to investigate, or cease investigating, any complaint if the Agency considers that—
a: the complaint is trivial, frivolous, or vexatious; or
b: the subject matter or nature of the complaint is unlikely to cause harm to any individual; or
c: the subject matter or nature of the complaint does not contravene the communication principles.
4: The Agency may decide not to take any further action on a complaint if, in the course of assessing or investigating the complaint, it appears to the Agency that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.
5: If the Agency decides not to take any further action on a complaint, it must notify the complainant of the right to apply to the District Court for an order under this Act.
9: Power of Approved Agency to delegate
1: Subject to the approval of the Minister, the Approved Agency may delegate to any person or organisation any of its functions and powers except this power of delegation.
2: Before delegating any functions or powers, the Approved Agency must be satisfied that the delegate has the appropriate knowledge, skills, and experience to carry out those functions or powers.
3: A delegation—
a: must be in writing; and
b: is subject to any restrictions and conditions specified by the Approved Agency that it thinks fit, including conditions that relate to the Approved Agency’s obligations under section 7(5)
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function or power by the Approved Agency.
4: A person or organisation performing or exercising any delegated functions or powers may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
5: A person or organisation who acts under a delegation given under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
6: Any action or decision of a delegate under the delegation is treated as an action or decision of the Approved Agency under this Act.
7: A delegate must comply with all reasonable requests or requirements of the Approved Agency for the purpose of enabling the Agency to comply with the Ombudsmen Act 1975 Official Information Act 1982 Public Records Act 2005
10: Protection for employees of Approved Agency
1: This section applies if the Approved Agency is not a department or Crown entity.
2: If this section applies, no civil action lies against any employee of the Agency, or against any employee of a delegate of the Agency, for any act done or omitted by the Agency, or by the delegate, or by him or her, in good faith in the performance or intended performance of the functions, duties, or powers of the Agency.
3: However, subsection (2) does not prevent a person from filing an application for review under section 8 Section 10(3) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Proceedings may be brought in District Court
11: Who may bring proceedings
1: Any of the following may apply to the District Court section 18 19
a: an individual (the affected individual
b: a parent or guardian on behalf of the affected individual:
c: the professional leader of a registered school or his or her delegate, if the affected individual is a student of that school and consents to the professional leader or delegate bringing the proceedings:
d: the Police, if the digital communication constitutes a threat to the safety of an individual.
2: The chief coroner may apply for an order under section 18 19(1)(a) or (b) or (2)(a) Coroners Act 2006 Section 11(1) amended 1 March 2017 section 261 District Court Act 2016
12: Threshold for proceedings
1: An applicant referred to in section 11(1)(a), (b), or (c) section 18 19
2: In any case, the District Court section 11(1)(a), (b), or (c) section 18 19
a: there has been a threatened serious breach, a serious breach, or a repeated breach of 1 or more communication principles; and
b: the breach has caused or is likely to cause harm to an individual.
3: The court may, on its own initiative, dismiss an application from an applicant referred to in section 11(1)(a), (b), or (c)
4: The court may, on its own initiative, dismiss an application under section 11 Section 12(2) amended 1 March 2017 section 261 District Court Act 2016
13: District Court may refer matter back to Approved Agency
1: This section applies when the District Court section 11 section 12(1)
2: The court—
a: must consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and
b: may adjourn the proceeding and refer the matter back to the Approved Agency unless satisfied that attempts at resolution, or further attempts at resolution, of the matter by the parties and the Agency—
i: will not contribute constructively to resolving the matter; or
ii: will not, in the circumstances, be in the public interest; or
iii: will undermine the proceedings before the court. Section 13(1) amended 1 March 2017 section 261 District Court Act 2016
14: Court may require Approved Agency to provide information
1: The District Court sections 12 13
2: The Approved Agency must provide the information in the form (if any) prescribed by rules of court. Section 14(1) amended 1 March 2017 section 261 District Court Act 2016 Procedure
15: Applications
1: Applications for any orders under section 18 19
a: be filed in the District Court
b: be in the prescribed form (if any).
2: The court may give directions as to service and, if the court considers it appropriate to do so in the circumstances, having regard to the principles of natural justice, the court may consider an application made on a without notice basis.
3: No filing fee is payable for an application. Section 15(1)(a) amended 1 March 2017 section 261 District Court Act 2016
16: Mode of hearing and evidence
1: The court must, having regard to the circumstances of the particular case, direct that an application be determined—
a: just on the basis of written material provided to it; or
b: by way of a hearing involving oral submissions.
2: The court may deal with an application in any manner that it thinks will preserve the anonymity of a party so that the party’s identity is not released to any other party during the proceedings.
3: The court must give reasons for any decision it makes in the proceedings.
4: The decision, including the reasons, must be published.
5: Subsections (3) and (4) are subject to subsection (2).
6: The court may receive any evidence or information that may in its opinion assist it to deal effectively with any proceedings under this Act, whether or not the evidence or information would be otherwise admissible in a court of law.
17: Technical advisers
1: The District Court section 19 section 124
2: The duties of a technical adviser are—
a: to sit with the court; and
b: subject to subsection (4), to act in all respects as an extra member of the court.
3: The court or any Registrar or Deputy Registrar of the court must appoint a technical adviser if the court is considering an application for an order under section 19(2)(a) or (b) or (3) or (4)(a)
4: The Judge may give any weight to the technical adviser's advice that the Judge thinks fit, and the Judge alone must determine the application or appeal.
5: The Minister must maintain a panel of persons who may be appointed under this section as technical advisers, and only persons named on the panel may be appointed under this section as technical advisers.
6: A technical adviser may be appointed to the panel for up to 5 years, and the appointment continues until—
a: the person is reappointed; or
b: a successor to the person is appointed; or
c: the person is informed in writing by the Minister that the person is not to be reappointed and that a successor to that person is not to be appointed; or
d: the person resigns by notice in writing to the Minister; or
e: the person is removed from the panel by the Minister for incapacity that affects the person’s performance of duty, for neglect of duty, or for misconduct, proved to the satisfaction of the Minister; or
f: the person dies.
7: The chief executive must pay technical advisers the remuneration and allowances determined from time to time by the Minister. Section 17(1) amended 1 March 2017 section 261 District Court Act 2016
18: Interim orders
1: The District Court section 19
2: An interim order under this section may do anything that may be done by order under section 19 Section 18(1) amended 1 March 2017 section 261 District Court Act 2016
19: Orders that may be made by court
1: The District Court may, on an application, make 1 or more of the following orders against a defendant:
a: an order to take down or disable material:
b: an order that the defendant cease or refrain from the conduct concerned:
c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual:
d: an order that a correction be published:
e: an order that a right of reply be given to the affected individual:
f: an order that an apology be published.
2: The District Court may, on an application, make 1 or more of the following orders against an online content host:
a: an order to take down or disable public access to material that has been posted or sent:
b: an order that the identity of the author of an anonymous or pseudonymous communication be released to the court:
c: an order that a correction be published in any manner that the court specifies in the order:
d: an order that a right of reply be given to the affected individual in any manner that the court specifies in the order.
3: The District Court may, on application, make an order against an IPAP that the identity of an anonymous communicator be released to the court.
4: The court may also do 1 or more of the following:
a: make a direction applying an order provided for in subsection (1) or (2) to other persons specified in the direction, if there is evidence that those others have been encouraged to engage in harmful digital communications towards the affected individual:
b: make a declaration that a communication breaches a communication principle:
c: order that the names of any specified parties be suppressed.
5: In deciding whether or not to make an order, and the form of an order, the court must take into account the following:
a: the content of the communication and the level of harm caused or likely to be caused by it:
b: the purpose of the communicator, in particular whether the communication was intended to cause harm:
c: the occasion, context, and subject matter of the communication:
d: the extent to which the communication has spread beyond the original parties to the communication:
e: the age and vulnerability of the affected individual:
f: the truth or falsity of the statement:
g: whether the communication is in the public interest:
h: the conduct of the defendant, including any attempt by the defendant to minimise the harm caused:
i: the conduct of the affected individual or complainant:
j: the technical and operational practicalities, and the costs, of an order:
k: the appropriate individual or other person who should be subject to the order.
6: In doing anything under this section, the court must act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990
20: Court may vary or discharge order
1: Any applicant who obtains an order under section 18 19 22B
2: The District Court may, by order, do any of the following things to an order made under section 18 19 22B
a: vary the duration of the order:
b: vary any conditions of the order:
c: discharge the order.
3: The court may make an order referred to in subsection (2)(a) or (b) on its own initiative, whether or not an application is made. Section 20(1) amended 9 March 2022 section 5 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Section 20(2) amended 9 March 2022 section 5 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Offences
21: Offence of non-compliance with order
1: A person who, without reasonable excuse, fails to comply with an order made under section 18 19 22B
2: A person who commits an offence against this section is liable on conviction to,—
a: in the case of a natural person, imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000:
b: in the case of a body corporate, a fine not exceeding $20,000. Section 21(1) amended 9 March 2022 section 6 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022
22: Causing harm by posting digital communication
1: A person commits an offence if—
a: the person posts a digital communication with the intention that it cause harm to a victim; and
b: posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and
c: posting the communication causes harm to the victim.
2: In determining whether a post would cause harm, the court may take into account any factors it considers relevant, including—
a: the extremity of the language used:
b: the age and characteristics of the victim:
c: whether the digital communication was anonymous:
d: whether the digital communication was repeated:
e: the extent of circulation of the digital communication:
f: whether the digital communication is true or false:
g: the context in which the digital communication appeared.
3: A person who commits an offence against this section is liable on conviction to,—
a: in the case of a natural person, imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $200,000.
4: This section does not apply if the posted digital communication is an intimate visual recording to which the offence in section 22A 1961 No 43 s 216G Section 22(4) replaced 9 March 2022 section 7 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022
22A: Posting intimate visual recording without consent
1: A person commits an offence if the person, without reasonable excuse, posts a digital communication that is an intimate visual recording of a victim—
a: knowing that the victim has not consented to the posting; or
b: being reckless as to whether the victim has consented to the posting.
2: An individual under the age of 16 years cannot consent to the posting of an intimate visual recording of which they are the subject.
3: A person who commits an offence against this section is liable on conviction to,—
a: in the case of a natural person, imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $200,000. Section 22A inserted 9 March 2022 section 8 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022
22B: Court may make civil order during proceedings for offence under section 22A
1: On application under this section and if the court considers it desirable to do so, the court conducting the proceedings for an offence under section 22A
a: during the proceedings, 1 or more of the interim orders set out in subsection (2)
b: if the defendant is proven to have committed the offence, 1 or more of the orders set out in subsection (3)
2: The following interim orders are available to the court under subsection (1)(a)
a: an order to take down or disable material:
b: an order that the defendant cease or refrain from the conduct concerned:
c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual.
3: The following orders are available to the court under subsection (1)(b)
a: an order to take down or disable material:
b: an order that the defendant cease or refrain from the conduct concerned:
c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual:
d: an order that a correction be published:
e: an order that a right of reply be given to the affected individual:
f: an order that an apology be published.
4: In this section, a defendant is proven to have committed section 22A
a: the defendant is convicted of the offence; or
b: the defendant is found guilty of, or pleads guilty to, the offence, but is discharged without conviction under section 106
c: the Youth Court makes an order under section 282 Section 22B inserted 9 March 2022 section 8 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Liability of online content host
23: Liability of online content host for content posted by user
1: Section 24
2: The fact that an online content host does not take advantage of section 24
3: Section 24
4: This section is subject to section 25(5)
24: Process for obtaining protection against liability for specific content
1: No civil or criminal proceedings may be brought against an online content host in respect of the content complained of (the specific content
a: receives a notice of complaint about the specific content; and
b: complies with subsection (2).
2: The requirements of this subsection are that— Host to notify author of complaint
a: the online content host must, as soon as practicable but no later than 48 hours after receiving a notice of complaint,—
i: provide the author of the specific content with a copy of the notice of complaint, altered to conceal personal information that identifies the complainant if the host has received confirmation that the complainant does not consent to the host providing that information to the author; and
ii: notify the author that the author may submit a counter-notice to the host within 48 hours after receiving that notification:
b: if the host is unable to contact the author (for example, because the identity of the author is unknown) after taking reasonable steps to do so, the host must take down or disable the specific content as soon as practicable after taking those steps but no later than 48 hours after receiving a notice of complaint: Author’s counter-notice consenting to removal of content
c: if the author submits a valid counter-notice no later than 48 hours after receiving the host’s notification under paragraph (a) in which the author consents to the removal of the specific content, the host must take down or disable the specific content as soon as practicable after receiving that counter-notice: Author’s counter-notice refusing consent to removal of content
d: if the author submits a valid counter-notice no later than 48 hours after receiving the host’s notification under paragraph (a) in which the author refuses to consent to the removal of the specific content, the host must leave the specific content in place and, as soon as practicable after receiving that counter-notice,—
i: notify the complainant of the author’s decision; and
ii: if the author consents, provide the complainant with personal information that identifies the author: Author failing to submit valid counter-notice
e: if the author does not submit a valid counter-notice in accordance with this subsection (whether by failing to submit a counter-notice or by submitting an invalid counter-notice), the host must take down or disable the specific content as soon as practicable but no later than 48 hours after notifying the author under paragraph (a).
3: A notice of complaint must—
a: state the complainant’s name and a telephone number, a physical address, and an email address for the complainant; and
b: state the specific content, and explain why the complainant considers that the specific content—
i: is unlawful; or
ii: breaches 1 or more communication principles and has caused harm; and
c: sufficiently enable the specific content to be readily located; and
d: state whether the complainant consents to personal information that identifies the complainant being released to the author; and
e: contain any other information that the complainant considers relevant.
4: A counter-notice must state—
a: the author’s name and a telephone phone number, a physical address, and an email address for the author; and
b: whether the author consents to personal information that identifies the author being released to the complainant; and
c: whether the author consents to the removal of the specific content.
5: An online content host must not disclose any personal information about the complainant or author under information privacy principle 11(1)(e)(iv) set out in section 22
6: Nothing in subsection (5) affects the application of any other provision in the Privacy Act 2020
7: This section is subject to section 25(5) Section 24(5) amended 1 December 2020 section 217 Privacy Act 2020 Section 24(6) amended 1 December 2020 section 217 Privacy Act 2020
25: Further provisions related to section 24
1: The Approved Agency may lodge a notice of complaint under section 24
2: The protection conferred on an online content host by section 24
3: The protection conferred on an online content host by section 24
4: Nothing in section 23 24
a: section 211
b: section 19
c: copyright liability, or any proceedings, under the Copyright Act 1994
d: any enactment that expressly overrides section 24
5: Nothing in section 23 24 Regulations and rules
26: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the practice and procedure for the conduct of matters under this Act before the Approved Agency:
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
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 26(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27: Rules
1: The power to make rules of court under section 148 section 228
2: Without limiting the generality of subsection (1), rules made in accordance with that subsection may—
a: prescribe forms for applications and orders under this Act:
b: prescribe a form for the purposes of section 14
c: prescribe the practice and procedure for the conduct of matters under this Act before the District Court. Section 27(1) amended 1 March 2017 section 261 District Court Act 2016 Section 27(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016
28: Consequential amendments to other Acts
Amend the Acts specified in the Schedule OIC LI 2016/226 2016-11-21 Ombudsmen Act 1975 Public Records Act 2005 refer section 2(2) —The rest of this Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council; and 2 years after the date on which this Act receives the Royal assent. Replace date above if OIC brings into force section 28 earlier than 2 July 2017.
2: Amendments to other Acts concerning use of digital communications
1: Crimes Act 1961
29: Principal Act
This subpart amends the Crimes Act 1961 2015-07-03 Crimes Act 1961 subpart 1 — refer section 2(1)
30: Section 179 amended (Aiding and abetting suicide)
In section 179
2: A person commits an offence who incites, counsels, or procures another person to commit suicide, even if that other person does not commit or attempt to commit suicide in consequence of that conduct.
3: A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 3 years.
2: Harassment Act 1997
31: Principal Act
This subpart amends the Harassment Act 1997 2015-07-03 Harassment Act 1997 subpart 2 refer section 2(1)
32: Section 3 amended (Meaning of harassment)
After section 3(2)
3: For the purposes of this Act, a person also harasses another person if—
a: he or she engages in a pattern of behaviour that is directed against that other person; and
b: that pattern of behaviour includes doing any specified act to the other person that is one continuing act carried out over any period.
4: For the purposes of subsection (3), continuing act
33: Section 4 amended (Meaning of specified act)
1: In section 4(1)(d) correspondence, electronic communication,
2: After section 4(1)(e)
ea: giving offensive material to a person by placing the material in any electronic media where it is likely that it will be seen by, or brought to the attention of, that person:
34: Section 19 amended (Standard conditions of restraining orders)
After section 19(1)
1A: It is a condition of every restraining order that applies to a continuing act within the meaning of section 3 that the respondent must take reasonable steps to prevent the specified act from continuing.
3: Human Rights Act 1993
35: Principal Act
This subpart amends the Human Rights Act 1993 2015-07-03 Human Rights Act 1993 subpart 3 refer section 2(1)
36: Section 61 amended (Racial disharmony)
1: In section 61(1)(a) radio or television or other electronic communication
2: In section 61(2) radio or television or other electronic communication
37: Section 62 amended (Sexual harassment)
After section 62(3)(j)
k: participation in fora for the exchange of ideas and information.
38: Section 63 amended (Racial harassment)
After section 63(2)(j)
k: participation in fora for the exchange of ideas and information.
4: Privacy Act 1993
39: Principal Act
This subpart amends the Privacy Act 1993 2015-07-03 Privacy Act 1993 subpart 4 refer section 2(1)
40: Section 6 amended (Information privacy principles)
1: In section 6 publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information
2: In section 6 publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information
41: Section 56 amended (Personal information relating to domestic affairs)
In section 56
2: The exemption in subsection (1) ceases to apply once the personal information concerned is collected, disclosed, or used, if that collection, disclosure, or use would be highly offensive to an ordinary reasonable person.


1: Title
This Act is the Land Transport (Speed Limits Validation and Other Matters) Act 2015.
2: Commencement
This Act comes into force on the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: remove any doubt about the validity of speed limits set by road controlling authorities (including the designation of areas as urban traffic areas in which roads are subject to speed limits); and
b: protect enforcement action taken under those bylaws; and
c: provide clear authority for the setting of speed limits by road controlling authorities in the future.
4: Interpretation
In this Act, unless the context otherwise requires,— local authority section 5(1) road controlling authority section 2(1) specified bylaw section 5 speed limit Speed Limit Rule 2003 urban traffic area
5: Meaning of specified bylaw
In this Act, specified bylaw
a: means a bylaw—
i: that was made or purportedly made by a road controlling authority during the period beginning on 5 April 2004 and ending on the day before the date of commencement of this Act (whether or not the bylaw was, immediately before the commencement of this Act, in force or purportedly in force); and
ii: that was so made or purportedly made under any 1 or more of the Government Roading Powers Act 1989 Local Government Act 1974 Local Government Act 2002 Land Transport Act 1998
iii: that sets a speed limit or designates an urban traffic area; but
b: does not include a bylaw that was so made or purportedly made by a road controlling authority under any other Act that sets a speed limit or designates an urban traffic area, regardless of whether the bylaw was also purportedly made under the Speed Limit Rule 2003.
2: Validations and related amendments
Specified bylaws
6: Validation of specified bylaws, etc
1: Every specified bylaw is declared to have been lawfully made and to be and always have been valid despite any 1 or more of the following circumstances applying to it:
a: the enactment or enactments under which the bylaw was made or purportedly made did not provide the statutory authority to make the bylaw:
b: the bylaw was made or amended using a process that did not comply with—
i: the enactment or enactments under which it was made or purportedly made; or
ii: any other applicable enactment:
c: as far as the bylaw was made or purportedly made under the Local Government Act 1974 Local Government Act 2002
i: was not reviewed by the relevant local authority as required under section 158 159
ii: has been revoked by the operation of section 160A
2: To avoid doubt, every speed limit set by a specified bylaw validated under subsection (1) and every designation of an urban traffic area is declared to be and to always have been lawfully set or designated.
3: No designation of an urban traffic area under section 10.1(1) of the Speed Limit Rule 2003 or speed limit referred to in section 10.1(2) of the Speed Limit Rule 2003 is invalid solely because it was not designated or validated in accordance with section 10.1(7) of that rule before 1 July 2009.
4: A specified bylaw to which subsection (1)(c) applies must, despite section 160A
7: Specified bylaws to be treated as made under section 22AB of Land Transport Act 1998
1: Every specified bylaw (including a specified bylaw validated under section 6
a: under section 22AB
b: in compliance with sections 22AD 22AE
2: To avoid doubt, sections 158 to 160A Enforcement actions
8: Enforcement action taken under specified bylaw
To avoid doubt, an enforcement action taken before the commencement of this Act must not be treated as invalid only because, at the time the circumstances giving rise to the enforcement action occurred or the enforcement action was taken,—
a: in the case of a specified bylaw, 1 or more of the circumstances described in section 6(1)(a) to (c)
b: in the case of a speed limit to which section 6(3)
9: Savings for certain legal proceedings
1: This Act does not limit any proceedings that expressly challenge the validity of an enforcement action on any of the grounds specified in subsection (2) if those proceedings were commenced, and contained any of those grounds, before the date on which the Land Transport (Speed Limits Validation and Other Matters) Bill was introduced into the House of Representatives.
2: The grounds are—
a: that any 1 or more of the circumstances described in section 6(1)(a) to (c)
b: that an urban traffic area had not been designated or speed limit validated as described in section 6(3) Related amendments to Land Transport Act 1998
10: Amendments to Land Transport Act 1998
Sections 11 12 2015-07-22 Land Transport Act 1998 Sections 11 and 12 amend the Land Transport Act 1998.
11: Section 22AB amended (Road controlling authorities may make certain bylaws)
Replace section 22AB(1)(d)
d: for the safety of the public or for the better preservation of any road,—
i: fixing the maximum speed of vehicles or of specified classes of vehicles on any road:
ii: designating any area, where that designation will have the effect of determining the speed limit in that area:
12: Section 22AD amended (Consultation)
Replace section 22AD(1)
1: Section 156 of the Local Government Act 2002 applies to a bylaw under section 22AB made by a road controlling authority that is a local authority as if that bylaw had been made under that Act.
1A: Section 9(4) and (5) of the Airport Authorities Act 1966 applies to any bylaw made under section 22AB by a local authority or an airport authority in respect of an airport operated by that local authority or airport authority.


1: Title
This Act is the Hawke's Bay Regional Planning Committee Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to improve tāngata whenua involvement in the development and review of documents prepared in accordance with the Resource Management Act 1991
2: To that end, this Act establishes the Hawke’s Bay Regional Planning Committee as a joint committee of the Hawke’s Bay Regional Council.
4: Interpretation
1: In this Act, unless the context otherwise requires,— appointer
a: a tāngata whenua appointer:
b: the Council appointer for Ngāti Ruapani ki Waikaremoana
a: if section 5(3)
b: if section 5(3) Council Council member section 11(1)(j) governance document governance entity Hawke's Bay Regional Planning Committee RPC section 7 Heretaunga Tamatea Settlement Trust interim committee clause 30(1) interim terms of reference local government legislation
a: the Local Government Act 2002
b: the Local Government Official Information and Meetings Act 1987
c: the Local Authorities (Members' Interests) Act 1968 Mana Ahuriri Incorporated Maungaharuru-Tangitū Trust members Ngāti Pāhauwera Development Trust Ngati Tuwharetoa Hapu Forum Trust RMA document
a: a regional policy statement or proposed regional policy statement:
b: a regional plan or a proposed regional plan RPC region New Zealand Gazette specified legislation
a: this Act; and
b: the local government legislation; and
c: the relevant provisions of the Resource Management Act 1991 tāngata whenua appointer section 5
a: means—
i: the trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū:
ii: the trustees of the Ngāti Pāhauwera Development Trust, on behalf of Ngāti Pāhauwera:
iii: the trustees of Tūhoe Te Uru Taumatua, on behalf of Tūhoe:
iv: the trustees of Ngati Tuwharetoa Hapu Forum Trust, on behalf of Ngāti Tūwharetoa:
v: Mana Ahuriri Incorporated, on behalf of the Mana Ahuriri hapū:
vi: the trustees of Te Kōpere o te iwi o Hineuru Trust, on behalf of Ngāti Hineuru:
vii: the trustees of the Heretaunga Tamatea Settlement Trust, on behalf of the hapū of Heretaunga and Tamatea:
viii: Te Tira Whakaemi o Te Wairoa, on behalf of Wairoa iwi and hapū:
ix: the appointer for Ngāti Ruapani ki Waikaremoana, on behalf of Ngāti Ruapani ki Waikaremoana; and
b: includes, in relation to a tāngata whenua appointer that is a governance entity, a delegate of, or a successor to, that appointer if the delegation or succession complies with the requirements of the governance document of the appointer tāngata whenua member section 11(1)(a) to (i) Te Kōpere o te iwi o Hineuru Trust Te Kotahitanga o Ngāti Tūwharetoa Te Tira Whakaemi o Te Wairoa terms of reference
a: means the interim terms of reference; and
b: includes any amendments to the terms of reference trustees of the Heretaunga Tamatea Settlement Trust trustees of the Maungaharuru-Tangitū Trust trustees of the Ngāti Pāhauwera Development Trust trustees of the Te Kōpere o te iwi o Hineuru Trust trustees of Tūhoe Te Uru Taumatua Tūhoe Te Uru Taumatua
2: In this Act,—
a: change proposed policy statement regional plan regional policy statement variation section 43AA
b: proposed plan section 43AAC Section 4(1) Te Kotahitanga o Ngāti Tūwharetoa inserted 19 December 2018 section 188(3) Ngāti Tūwharetoa Claims Settlement Act 2018 Section 4(1) trustees of the Ngati Tuwharetoa Hapu Forum Trust repealed 19 December 2018 section 188(2) Ngāti Tūwharetoa Claims Settlement Act 2018
5: Definition of tāngata whenua appointer modified if the Crown approves governance entity or recognises mandated body
1: This section applies if, after the commencement of this Act, the Crown—
a: approves a governance entity for—
i: Mana Ahuriri hapū; or
ii: Ngāti Tūwharetoa; or
iii: Wairoa iwi and hapū:
b: recognises a mandated body to represent Ngāti Ruapani ki Waikaremoana in historical Treaty of Waitangi claims settlement negotiations:
c: approves a governance entity for Ngāti Ruapani ki Waikaremoana.
2: If any of subsection (1)(a)(i) to (iii) applies, the tāngata whenua appointer for the relevant iwi or hapū is, despite the definition of tāngata whenua appointer in section 4
3: If subsection (1)(b) or (c) applies, the appointer for Ngāti Ruapani ki Waikaremoana is, despite the definition of that term in section 4
6: Act binds the Crown
This Act binds the Crown.
2: Hawke's Bay Regional Planning Committee
RPC established
7: RPC established
This section establishes the RPC as a statutory body.
8: Status of RPC
1: Despite the membership of the RPC provided by section 11 clause 30(1)(b)
2: Despite Schedule 7 Purpose, functions, and powers of RPC
9: Purpose of RPC
1: The purpose of the RPC is to oversee the development and review of the RMA documents prepared in accordance with the Resource Management Act 1991
2: To avoid doubt, nothing in this Act limits the obligations of the Council under the Resource Management Act 1991 Local Government Act 2002
10: Functions and powers of RPC
1: The primary function of the RPC is to achieve the purpose of the RPC.
2: In achieving the purpose of the RPC, the RPC may—
a: consider the RMA documents and recommend to the Council for public notification the content of any draft—
i: change to the regional policy statement or regional plan:
ii: proposed regional policy statement or proposed regional plan:
iii: variation to a proposed regional policy statement, proposed regional plan, or change; and
b: monitor the efficiency and effectiveness of the RMA documents in accordance with section 35
c: implement a work programme for the review of the RMA documents; and
d: perform any other function specified in the terms of reference.
3: For the purposes of enabling the RPC to carry out its functions, the Council must—
a: refer all matters referred to in subsection (2)(a) to the RPC; and
b: provide all necessary documents or other information to the RPC.
4: The RPC has the powers reasonably necessary to carry out its functions in a manner consistent with the specified legislation. Membership of RPC
11: Membership of RPC
1: The RPC consists of an equal number of tāngata whenua members and Council members as follows: Tāngata whenua members
a: 1 member appointed by the trustees of the Maungaharuru-Tangitū Trust:
b: 1 member appointed by the trustees of the Ngāti Pāhauwera Development Trust:
c: 1 member appointed by the trustees of Tūhoe Te Uru Taumatua:
d: 1 member appointed by the trustees of the Te Kotahitanga o Ngāti Tūwharetoa
e: 1 member appointed by Mana Ahuriri Incorporated:
f: 1 member appointed by the trustees of Te Kōpere o te iwi o Hineuru Trust:
g: 1 member appointed by Te Tira Whakaemi o Te Wairoa:
h: 2 members appointed by the trustees of the Heretaunga Tamatea Settlement Trust:
i: 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana: Council members
j: 10 members appointed by the Council (who must be councillors of the Council holding office and, if there is an insufficient number of councillors, such other persons appointed by the Council in accordance with clause 31(3)
2: Each appointer must—
a: in the case of the initial appointment of members of the RPC—
i: make an appointment before the first meeting of the RPC; and
ii: notify all other appointers in writing of the appointment:
b: in the case of any subsequent appointment of a member to the RPC, notify the RPC in writing of an appointment and provide a copy of the notice to all other appointers as soon as is reasonably practicable.
3: If a tāngata whenua appointer fails to appoint a tāngata whenua member in accordance with this Act, then the number of Council members on the RPC is reduced proportionately until an appointment is made to ensure that the RPC consists of an equal number of tāngata whenua members and Council members.
4: If a tāngata whenua member fails to attend 3 out of any 5 consecutive meetings of the RPC without the prior written agreement of all other members,—
a: the tāngata whenua member’s appointment is deemed to be discharged; and
b: the number of Council members on the RPC is reduced proportionately until a replacement member is appointed by the relevant tāngata whenua appointer.
5: To avoid doubt, a tāngata whenua member is not, by virtue of the person's membership of the RPC, a member of the Council. Section 11(1)(d) amended 19 December 2018 section 188(4) Ngāti Tūwharetoa Claims Settlement Act 2018 Other matters
12: Terms of reference of RPC
1: The terms of reference must provide for—
a: the quorum for meetings of the RPC:
b: how the RPC will be administered:
c: the procedures relating to meetings of the RPC, decision making by the RPC, and dispute resolution, including for the purposes of section 10(2)(a)
i: for the Council to refer back to the RPC for reconsideration any recommendation made by the RPC but not adopted by the Council (whether in whole or in part); and
ii: for the RPC to provide further recommendations to the Council:
d: how the costs of administering and operating the RPC will be met by the Council, including—
i: the costs of any advice required by the RPC; and
ii: a procedure for determining the remuneration to be paid to tāngata whenua members and reimbursement of their expenses.
2: The terms of reference may be amended by the written unanimous agreement of the appointers.
3: The terms of reference must be consistent with the specified legislation.
4: In the event of an inconsistency between the obligations of the Council under the terms of reference and its obligations under the specified legislation, the specified legislation prevails.
13: First meeting of RPC
The first meeting of the RPC must be held no later than 6 months after the commencement of this Act. Application of local government legislation
14: Application of local government legislation to RPC
1: The provisions of the local government legislation apply, with any necessary modifications, to the RPC—
a: to the extent that they are relevant to the purpose and functions of the RPC as a joint committee of the Council; and
b: except as otherwise provided for in this Act. Schedule 7 of Local Government Act 2002
2: The following provisions of Schedule 7 Schedule 7
a: clause 6(1)(b)
b: clause 12
c: clause 31(1) and (3)
3: The following provisions of Schedule 7 do not apply to the RPC:
a: clause 23(3)(b)
b: clause 24
c: clause 25
d: clause 26
e: clause 27
f: clause 30(3), (5)(a), and (7)
g: clause 31(2), (4), and (6)
h: clause 32A Section 3 of Local Authorities (Members' Interests) Act 1968
4: Section 3 Local Government Official Information and Meetings Act 1987
5: The Local Government Official Information and Meetings Act 1987
6: Section 7(2)
k: avoid serious offence to tikanga of any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke's Bay Regional Planning Committee Act 2015; or
l: avoid the disclosure of the location of wāhi tapu of significant interest to any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke's Bay Regional Planning Committee Act 2015. Further provisions
15: Further provisions relating to RPC
The Schedule