1: Title
This Act is the Television New Zealand Amendment Act 2011
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Television New Zealand Act 2003 2011-07-23 Television New Zealand Act 2003
1: Amendments to principal Act
Amendments relating to functions of TVNZ
4: Purpose of Act
Section 3
a: provide for the functions of TVNZ, the Crown entity responsible for conducting a television and digital media business; and
b: ensure that TVNZ carries out its functions and maintains its commercial performance; and
ba: establish a process that will enable TVNZ to screen, in specified circumstances, programmes made before 27 May 1989 and held in the TVNZ Archive; and .
5: Interpretation
1: Section 4 content delivery platform digital media programme
a: means sounds or visual images, or a combination of sounds and visual images, intended to—
i: inform, enlighten, or entertain:
ii: promote the interests of any person:
iii: promote any product or service; but
b: does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text screen services .
2: Section 4 TVNZ TVNZ .
6: New section 12 substituted
Section 12
12: Functions of TVNZ
1: The functions of TVNZ are to be a successful national television and digital media company providing a range of content and services on a choice of delivery platforms and maintaining its commercial performance.
2: In carrying out its functions, TVNZ must provide high-quality content that—
a: is relevant to, and enjoyed and valued by, New Zealand audiences; and
b: encompasses both New Zealand and international content and reflects Māori perspectives.
3: TVNZ's services must include the provision of channels that are free of charge and available to audiences throughout New Zealand.
7: Sections 22 and 23 repealed
Sections 22 23
8: Powers of shareholding Ministers
1: Section 27
1: The shareholding Ministers may, by written notice to the TVNZ board, determine the amount of dividend to be paid by TVNZ to the Crown in respect of any financial year or years.
2: Section 27(3) objectives and
9: Shareholding Ministers must not give certain directions
1: Section 28(1)
a: any programme or other content; or
b: any allegation or complaint relating to a programme or other content; or
c: the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or
d: standards administered under the Broadcasting Act 1989.
2: Section 28(2)
a: any programme or other content; or
b: any allegation or complaint relating to a programme or other content; or
c: the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or
d: the responsibility of TVNZ or any of its subsidiaries for compliance with standards administered under the Broadcasting Act 1989.
3: Section 28
2A: This section applies regardless of the type of delivery platform TVNZ uses to deliver any programmes or other content. Amendments relating to archived programmes
10: New Part 4A inserted
The following Part is inserted after section 29
4A: TVNZ archived works
1: Preliminary provisions
29A: Interpretation
In this Part, unless the context otherwise requires,— archived work
a: means a programme made by the Broadcasting Corporation of New Zealand or its predecessors—
i: on or at any time before 27 May 1989; and
ii: held in the TVNZ Archive; and
iii: in which TVNZ now holds sole copyright; and
b: includes an archived work that comprises a series of episodes chief executive episodes Māori Television Service Minister NZ On Screen person with an interest in an archived work
a: means a person, or the estate of a person,—
i: contracted for one of the categories listed in clause 1(a) to (d) of Schedule 3
ii: who is within the category referred to in clause 1(e) of Schedule 3
b: excludes an employee of the Broadcasting Corporation of New Zealand or its predecessors reviewer section 29L subpart 4 scheme subpart 3 screen section 4 TVNZ Archive TVNZ Archived Works Fund Fund section 29G
29B: Purpose of this Part
The purpose of this Part is to enable TVNZ to screen archived works in accordance with the provisions of this Part while also providing a fair and reasonable process to recognise, by compensatory payments made under subpart 3
2: Screening of archived works
TVNZ's right to screen archived works
29C: Archived works may be screened
1: Provided that TVNZ complies with the requirements of this Part, it may—
a: screen an archived work on as many occasions as it considers appropriate, but only on or by—
i: the channels that TVNZ owns at any time:
ii: the TVNZ Ondemand Internet site:
iii: agreement between TVNZ and the provider of a delivery platform for the supply of content:
b: grant the Māori Television Service the right to screen an archived work under any arrangement agreed between that service and TVNZ:
c: enter into an arrangement with NZ On Screen in respect of a work that has previously been screened by TVNZ or the Māori Television Service under this section.
2: An archived work—
a: must be screened under this section free of charge to the viewer; but
b: must not be—
i: screened between the hours of 6 pm and 10.30 pm on any day of the week on channels TV1 and TV2 of TVNZ; or
ii: subject to a licence that is sold for profit by TVNZ to screen on any other platform (though this is without prejudice to TVNZ recovering its reasonable costs in making the work available for screening on another platform).
29D: Rights of persons with interest in archived work to cease
1: This section applies only to rights in respect of an archived work that are—
a: contractual rights; or
b: rights arising under the Copyright Act 1994, other than—
i: moral rights; or
ii: performers' rights.
2: The rights of a person with an interest in an archived work—
a: are not infringed if the archived work is screened in accordance with section 29C
b: are substituted by the rights provided for by the rest of this Part.
3: To avoid doubt, any rights of a person with an interest in an archived work continue in relation to that work if, and to the extent that, that work is screened other than as provided for by section 29C
3: Scheme
Overview of subpart
29E: Overview of scheme under this subpart
1: In order to promote the purpose of this Part, TVNZ must ensure that—
a: notices of the screening of archived works are given in accordance with section 29F
b: the scheme provided for in this subpart is administered in such a way as to meet the obligations arising under this subpart.
2: The obligations are to—
a: ensure that the Fund is established and money paid into it, in accordance with section 29G
b: ensure that the contingency account required by section 29H
c: assess the entitlement of persons and make payments in accordance with section 29K Notices of screening of archived works
29F: Notices advising that archived work to be screened
1: TVNZ must give public notice advising that an archived work is to be screened and inviting persons with an interest in a specified archived work to register to participate in the scheme.
2: The public notice must include—
a: details of the archived work to be screened; and
b: the date on which the work is first to be screened, which must not be earlier than the date that is 4 months after the date of this public notice; and
c: information about the scheme set up under this subpart and how a person with an interest in the specified archived work may register to participate in the scheme under section 29I
d: the date by which a person must register, which may be any time up to 1 month after the date on which—
i: the archived work is first screened; or
ii: if the archived work comprises a series of episodes, the last episode of the series is first screened.
3: A public notice must be published at least once—
a: on an Internet site or other delivery platform operated by TVNZ; and
b: in each major metropolitan newspaper in New Zealand; and
c: in any relevant industry or guild publication.
4: TVNZ must also ensure that the information required by subsection (5)
a: the first screening of an archived work; or
b: the first screening of each episode of an archived work; or
c: an archived work, in the case of an archived work available for screening on demand, from the time that the work is first available until the date when registration closes, as notified under subsection (2)(d)
5: The information required must advise any person with an interest in the work who has not already registered—
a: of the scheme set up under this subpart; and
b: how to register for the scheme; and
c: of the date by which registration must be made (which must be the date notified under subsection (2)(d) Funds that must be established for purposes of scheme
29G: TVNZ Archived Works Fund
1: The TVNZ Archived Works Fund (the Fund
2: TVNZ must ensure that at all times the Fund contains, in relation to an archived work to be screened in accordance with section 29C
3: For the purpose of subsection (2)
4: The market value of an archived work that is to be screened in accordance with section 29C
5: In making an assessment of the market value of an archived work, the assessor must have regard to the uses permitted for that work by this Part.
29H: Contingency account
1: A contingency fund (the contingency account
2: TVNZ must ensure that, on an annual basis, a sum that is equal to no less than 10% of the total amount held in the Fund in that financial year is paid into the contingency account.
3: The contingency account is to be held for the purposes of meeting—
a: any payments required as a result of determinations made by reviewers under section 29N
b: the costs, including the administrative costs, associated with any review conducted under subpart 4 Participation in scheme
29I: Registration to participate in scheme
1: A person with an interest in an archived work in respect of which notices are given under section 29F
2: The application must be made in the prescribed form and manner, and must include evidence—
a: of the person's interest in accordance with the categories set out in clause 1 of Schedule 3
b: that the person was engaged under a contract with the Broadcasting Corporation of New Zealand or its predecessors before 27 May 1989 to provide services associated with the creation, production, or performance of the relevant archived work; and
c: that the person did provide the services to which the contract applied.
29J: Confirmation of registration
1: TVNZ must ensure that, as soon as is reasonably practicable after the closing date for registration for an archived work, a determination is made and written notice given to persons who seek to register, advising the person, as appropriate, that the person's registration—
a: is accepted and that an assessment will be made in accordance with section 29K
b: is declined and the reasons for that decision.
2: In the case of a person whose registration is declined, advice must also be given of the right of review of that decision under subpart 4 section 29K(4)
29K: TVNZ to assess entitlement and make payment from Fund
1: Not later than 20 working days after the closing date for registration in relation to an archived work, TVNZ must assess the entitlement of each person whose registration is accepted under section 29J(1)(a)
2: Assessments must be calculated—
a: on the basis of the categories set out in clause 1 of Schedule 3
b: in accordance with the formula set out in clause 3 of Schedule 3
3: TVNZ must notify each person in writing of that person's assessment and make the payment in full accordingly.
4: When notice is given under subsection (3) subpart 4
4: Review
29L: Review process to be established
1: The chief executive must appoint a panel of reviewers the members of which are to determine applications for review under section 29M
2: Reviewers must be persons who are recognised as experts with the knowledge, experience, and qualifications that are relevant to the review function under this subpart.
3: In carrying out a review, a reviewer must—
a: regulate his or her own procedure; and
b: act judicially.
4: A reviewer may not be held personally liable for any determination made in good faith under this subpart.
5: Reviewers are entitled—
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out the office of a reviewer.
6: For the purposes of this section, fees framework Review procedures
29M: Application for review
1: The following persons may apply for review under this subpart:
a: a person whose registration was declined under section 29J(1)(b)
b: a person who is dissatisfied with an assessment made under section 29K
2: Application must be made—
a: in the prescribed form and manner; and
b: not later than the date notified under section 29K(4)
3: Application for review may be made only on the grounds that TVNZ,—
a: in the case of a person whose registration to participate in the scheme was declined, failed properly to assess the evidence of that person's role in the archived work; or
b: in the case of a person who is dissatisfied with an assessment,—
i: attributed the wrong category of interest to that person under clause 1 of Schedule 3
ii: incorrectly applied the formula set out in clause 3 of Schedule 3
4: An application for review must include all the evidence necessary to establish, as the case may be,—
a: why the person's registration to participate in the scheme ought to have been accepted; or
b: what the applicant alleges is the correct assessment.
29N: Determination of application for review
1: In determining an application for review, a reviewer—
a: must take into account all the relevant information that was before TVNZ for the purpose of making a decision under section 29J section 29K
b: may take into account any new evidence that it is satisfied assists with determining whether the person's registration ought to have been accepted or what the appropriate assessment ought to have been, as the case may be.
2: If a reviewer is satisfied that there is no or insufficient evidence on which to change the decision on registration or the assessment by TVNZ, as the case may be, the reviewer must confirm the decision or assessment.
3: Subsection (4)
a: that a person's registration ought to have been accepted under section 29J(1)(a)
b: that an assessment was not made in accordance with section 29K(2)
4: After taking into account all the relevant circumstances, the reviewer must calculate the assessment in the manner provided for in section 29K(2)
5: A reviewer must provide a copy of a determination, with reasons, to the applicant and to TVNZ.
29O: Effect of review decision
1: TVNZ must ensure that the sum (if any) required by the determination of a reviewer is paid to the applicant from the contingency account.
2: The determination of a reviewer is final. Circumstance in which other relief may be sought
29P: Applications from persons unable to register to participate in scheme
1: A person may apply under this subpart for review if that person, for reasons beyond his or her control, was unable to register to participate in the scheme until after the close of the period for registration notified under section 29F
2: An application under this section—
a: must be made not later than 2 years after the date of the first notice given under section 29F(1)
b: must be made in the form and manner approved for the purpose; and
c: must include—
i: the information required by section 29I(2)
ii: the evidence necessary to establish that the person was unable to register to participate in the scheme in accordance with notice given under section 29F(1)
3: If the reviewer is satisfied that the applicant meets the requirements of subsections (1) and (2)
a: on the basis of that person's category of interest under clause 1 of Schedule 3
b: in accordance with the formula set out in clause 3 of Schedule 3
4: After taking into account the particular circumstances of the case, the reviewer must determine the amount to be paid (if any) from the contingency fund in lieu of that person's participation in the scheme.
5: A determination by a reviewer under subsection (4)
5: Miscellaneous
29Q: Regulations
The Governor-General may, by Order in Council, on the recommendation of the Minister and after consultation with TVNZ, make regulations to—
a: provide for other platforms or channels or new methods by which archived works may be made available for public viewing:
b: if circumstances so require, add new criteria for any assessment under section 29K
c: add to or amend the categories provided for in clause 1 of Schedule 3
d: vary the proportion of the total sum of money available in relation to an archived work for a category of interest, as set out in clause 2 of Schedule 3
e: vary the method of calculating the share of the total sum of money payable to each person with an interest in an archived work, as set out in clause 3 of Schedule 3
f: prescribe forms to be used under subparts 3 and 4
g: provide for the procedures to be followed by a reviewer under subpart 4
h: provide for any other matters contemplated by this Part, or necessary for its administration or for giving it full effect.
29R: Residual funds
If, in any financial year, there is residual money in the Fund or in the contingency account, that money may be applied—
a: to the contingency account for the following financial year; or
b: for the maintenance of the TVNZ Archive.
29S: Review of Part
1: As soon as practicable after the expiry of the period of 2 years from the date of the first notice given under section 29F
a: reviews the operation of this Part since the date of its commencement; and
b: considers whether any amendments to this Part are necessary or desirable (including an amendment to require further periodic reports).
2: Not later than 3 years from the date of the first notice referred to in subsection (1)
11: New Schedule 3 added
The Schedule 3 set out in the Schedule
2: Repeals and related amendments
12: Spent sections of principal Act repealed
The following spent sections are repealed:
a: section 7
b: section 8
c: section 9
d: section 10 Amendment to Copyright Act 1994
13: Amendment to Copyright Act 1994
Section 14 Copyright Act 1994 2011-07-23 Copyright Act 1994
14: New section 57A inserted
The following section is inserted after section 57
57A: Making archived works available for public viewing
1: The communication of an archived work in accordance with section 29C
2: In this section, archived work section 29A


Domestic Violence Amendment Act 2011

1: Title
This Act is the Domestic Violence Amendment Act 2011.
2: Commencement
This Act comes into force 3 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Domestic Violence Act 1995 2011-11-16 Domestic Violence Act 1995
4: Purpose of this Act
The purpose of this Act is to strengthen the objects and implementation of the principal Act by—
a: providing for certain persons to have extended protection; and
b: enabling the Court to make interim orders to protect the welfare and best interests of a child; and
c: empowering a Registrar to amend the terms of a direction made under section 32
d: extending the period for objecting to a direction made under section 32
e: clarifying that where a temporary order becomes final by operation of law, the final order comes into force immediately; and
f: allowing a lawyer appointed to act for a child under the Care of Children Act 2004
5: Interpretation
Section 2 day-to-day care parenting order
6: Protection of persons other than applicant
1: Section 16
1A: A protection order continues to apply for the benefit of a child of the applicant's family until—
a: the child ceases to be a child of the applicant's family; or
b: the order sooner lapses or is discharged.
1B: If a child of the applicant's family having attained the age of 17 years continues to ordinarily or periodically reside with the applicant (an adult child
a: the adult child ceases to ordinarily or periodically reside with the applicant; or
b: the order sooner lapses or is discharged.
2: Section 16
5: If the applicant dies at any time after a protection order is made for the protection of the applicant, then, notwithstanding the death of the applicant, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of—
a: a child who at the time of the applicant's death was a child of the applicant's family, until that child attains the age of 17 years; and
b: a person in respect of whom a direction has been made under subsection (2)
6: Subsections (1A), (1B), and (5)
7: New heading and sections 28B to 28D inserted
The following heading and sections are inserted before the heading above section 29 Interim care and contact orders
28B: Interim orders in respect of child of applicant's family
1: This section applies when—
a: an application has been made to the Family Court for a protection order; and
b: there is a child of the applicant's family.
2: The Family Court may make 1 or more of the following orders if it considers the order or orders are necessary to protect the welfare and best interests of the child concerned:
a: an interim order or orders about the role of providing day-to-day care for, or about contact with, a child of the applicant's family:
b: any interim order or orders varying any order of the kind referred to in paragraph (a)
3: An order must not be made under subsection (2)
28C: Duration of interim order
An interim order made under section 28B
a: the date that is 1 year after the day on which the order is made; or
b: the date that the child attains the age of 16 years, unless the Family Court in special circumstances orders otherwise on or after making the order.
28D: Application for parenting order under Care of Children Act 2004 must be made
1: Where 1 or more interim orders have been made under section 28B
2: For the purposes of section 16(1) of the Legal Services Act 2000, proceedings that relate to, or arise out of, an application for a protection order under Part 2 of the Domestic Violence Act 1995 include proceedings commenced pursuant to an application referred to in subsection (1)
8: Terms of direction that respondent or associated respondent attend programme
Section 33
1A: Subsection (1B)
a: the Court makes a direction under section 32; and
b: the respondent or associated respondent, as the case requires, has not been served with a copy of the protection order at least 10 working days prior to the date specified in the direction for his or her first attendance at the programme.
1B: The Registrar may amend the direction made under section 32 to specify that the respondent or associated respondent, as the case requires, attend the programme for the first time on a later date and, if necessary, at a different—
a: time:
b: place.
9: Direction to attend programme made on application without notice
Section 36
2: Where this section applies,—
a: the direction does not take effect until 10 working days after a copy of the direction is served on the person to whom it relates; and
b: that person may, within those 10 days, notify the Court that he or she objects to the direction.
3: Where the respondent or associated respondent notifies the Court, in accordance with subsection (2)(b)
a: the Registrar must, if the respondent or associated respondent wishes to be heard, assign a hearing date, which must be—
i: as soon as practicable; and
ii: unless there are special circumstances, in no case later than 42 days after receipt of the notice of objection; and
b: the direction is suspended from the date on which the Court receives the notice of objection until the Court, after considering the person's objection, confirms the direction (whether with or without variation).
10: Application without notice for occupation order or tenancy order
Section 60
2A: When a temporary order becomes a final order pursuant to subsection (2), the final order comes into effect immediately.
11: Application without notice for ancillary furniture order or furniture order
Section 70
2A: When a temporary order becomes a final order pursuant to subsection (2), the final order comes into effect immediately.
12: Procedure where respondent does not require hearing
Section 77
1A: When a temporary order becomes a final order pursuant to subsection (1), the final order comes into effect immediately.
13: New section 79A inserted
The following section is inserted after section 79
79A: Review of contact arrangements
1: When making a temporary protection order, the Family Court may direct the Registrar to convene a review before a Family Court Judge of the arrangements for contact between the respondent and a child of the applicant's family.
2: On receiving a direction under subsection (1)
a: appoint a time and place for the holding of the review; and
b: inform the applicant and respondent of the date, time, and place of the review, and invite them to attend.
3: Only the following persons may attend the review:
a: the applicant:
b: the respondent:
c: a lawyer representing the applicant:
d: a lawyer representing the respondent:
e: a lawyer appointed under section 81:
f: any lawyer appointed under section 7(1) of the Care of Children Act 2004 to act for a child who in proceedings under this Act is a child of the applicant's family:
g: any other persons whom the Family Court Judge permits to be present.
4: If both the applicant and the respondent attend or are represented at the review, the Judge may—
a: make an interim order relating to contact under section 28B
b: impose any condition under section 27 relating to the matter set out in subsection (2)(a) of that section:
c: give any directions that the Judge considers necessary.
5: The provisions of this section, so far as applicable and with the necessary modifications, apply to an associated respondent as if the person were a respondent.
14: Procedure where hearing required
Section 80(1)
b: make the temporary order a final order (whether with or without variation); or
15: New section 80A inserted
The following section is inserted after section 80
80A: Temporary order discharged when made final order under section 80(1)
1: When a temporary order becomes a final order pursuant to section 80(1)(b)
2: Where the part of a temporary order not already a final order is confirmed under section 80(1)(c)(i) or (ii), the temporary order is automatically discharged.
16: Conduct of proceedings
Section 83(1)
da: any lawyer appointed under section 7(1) of the Care of Children Act 2004 to act for a child who in proceedings under this Act is a child of the applicant's family:


Care of Children Amendment Act 2011

1: Title
This Act is the Care of Children Amendment Act 2011.
2: Commencement
This Act comes into force 3 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Care of Children Act 2004 2011-11-16 Care of Children Act 2004
4: Purpose of this Act
The purpose of this Act is to strengthen certain provisions of the principal Act to further promote the safety of children by—
a: enhancing the protections against psychological abuse; and
b: lowering the threshold for obtaining an order preventing the removal of a child from New Zealand, and providing for more flexibility in the terms of those orders; and
c: providing for the discharge of an order for the return of a child abducted to New Zealand.
5: Principles relevant to child's welfare and best interests
Section 5(e) as defined in section 3(2) to (5) of the Domestic Violence Act 1995 violence
6: Court must consider protective conditions in certain cases
Section 51(1)(b) used violence (as defined in section 58) against physically or sexually abused
7: Section 54 repealed
Section 54
8: Procedure if child's parents are parties to interim order
Section 57(5)(b) or section 54(1)
9: Interpretation
1: Section 58 allegation of violence
a: another party to the proceedings; or
b: a child who is the subject of the proceedings; or
c: a child of the family protection order
a: a protection order, including a temporary protection order, made under section 14 of the Domestic Violence Act 1995:
b: a protection order made under section 123B of the Sentencing Act 2002 violent party
a: there is currently in force a protection order for the protection of any of the following persons:
i: another party to the proceedings:
ii: a child who is the subject of the proceedings:
iii: a child of the family; or
b: an allegation of violence is made that, on the basis of the evidence presented by, or on behalf of, the parties to the proceedings (without the court being required to make inquiries on its own initiative), the court is satisfied is proved .
2: The definition of violence section 58
10: Allegations of violence made in proceedings relating to parenting orders
1: Section 59 Application of section 60
2: Section 59(1)
b: in which there is a violent party.
11: Procedure for dealing with proceedings in section 59(1)
1: Section 60(1) and (2)
2: Section 60
3: In proceedings to which this section applies in accordance with section 59 (the proceedings
a: an order giving the violent party the role of providing day-to-day care for the child to whom the proceedings relate; or
b: any order allowing the violent party contact (other than supervised contact) with that child.
3A: Subsection (3)
3: Section 60(6)
12: New section 61A inserted
The following section is inserted after section 61
61A: Court may make orders to ensure safety of child in other cases
1: This section applies if—
a: there are proceedings before the court relating to any of the kinds of application specified in section 59(1)(a); and
b: section 60 does not apply to the proceedings because—
i: the court is not satisfied that an allegation of violence (as defined in section 58) is proved; and
ii: there is not otherwise a violent party (as defined in section 58) to the proceedings.
2: If the court is satisfied that there is a real risk to the safety of a child, the court may make any order under this Act that it thinks fit in order to ensure the safety of the child.
13: Preventing removal of child from New Zealand
1: Section 77(2) is about to may
2: Section 77(3)
c: may, whether or not a warrant has been issued under paragraph (a) (either with or without an additional order under paragraph (b)), order that the child not be removed from New Zealand by—
i: any person; or
ii: any person other than a person named in the order.
3: Section 77
3A: An order made under subsection (3)(c)
a: the expiry of a specified period; or
b: a further order is made by an authority.
14: New sections 77A and 77B inserted
The following sections are inserted after section 77
77A: Orders under section 77(3)(c) in respect of children of or over 16 years
1: An order under section 77(3)(c)
2: An order under section 77(3)(c)
77B: Orders under section 77(3)(c) may be suspended for specified period
1: On an application for the purpose by any person, a High Court Judge, a District Court Judge, or a Family Court Judge may suspend an order made under section 77(3)(c)
2: On an application for the purpose, a Registrar of the High Court, or of a District Court, may suspend an order made under section 77(3)(c)
a: the application is made by a party to the proceedings under section 77 in which the order was made (the earlier proceedings
b: every other person who was a party to the earlier proceedings consents.
3: A suspension of an order made under section 77(3)(c)
a: for a specified time; and
b: in relation to a specified person.
15: Preventing removal of child to defeat application
Section 118(3)
a: omitting section 77(4) and (5) sections 77(4) and (5), 77A 77B
b: omitting applies apply
16: New section 122A inserted
The following section is inserted after section 122
122A: Discharge of order under section 105 for return of child
1: This section applies where a court makes an order under section 105(2) for the return of a child (the return order
2: A party to the proceedings under section 105 in which the return order was made (the return proceedings
3: On an application under subsection (2)
a: the application is made not earlier than 1 year after the return order was made, or any appeal in relation to the return order was determined, and the court is satisfied that—
i: the child is now settled in his or her new environment in New Zealand; and
ii: having regard to all the circumstances of the case, the discharge of the return order is warranted; or
b: every other person who was a party to the return proceedings consents.


Freedom Camping Act 2011

1: Title
This Act is the Freedom Camping Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Outline of Act
1: This section provides an outline of this Act and indicates its purpose and scope, but it does not limit or affect the application or interpretation of any of the individual provisions of the Act.
2: This Act regulates freedom camping on the following land:
a: land controlled or managed by local authorities, including, in certain circumstances, land controlled or managed by the New Zealand Transport Agency under the Government Roading Powers Act 1989 Land Transport Management Act 2003 Public Works Act 1981 Railways Act 2005
b: land controlled or managed by the Department of Conservation under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977 Wildlife Act 1953
c: land managed or controlled by LINZ on behalf of the Crown under the Crown Pastoral Land Act 1998 Land Act 1948 Marine and Coastal Area (Takutai Moana) Act 2011 New Zealand Railways Corporation Act 1981 Public Works Act 1981
3: However, the powers of regulation under the Act do not allow for freedom camping to be prohibited on all land controlled or managed by a particular local authority
4: This Act does not regulate freedom camping on private land.
5: Part 1
6: Part 2
a: subpart 1
b: subpart 2
c: subpart 3
6A: In Part 2
a: subparts 1 2
b: subpart 3
7: Part 3
a: subpart 1
b: subpart 2
c: subpart 3
d: subpart 4
e: subpart 5 Section 3(2) replaced 7 June 2023 section 4(1) Self-contained Motor Vehicles Legislation Act 2023 Section 3(3) amended 7 June 2023 section 4(2) Self-contained Motor Vehicles Legislation Act 2023 Section 3(6) replaced 7 June 2023 section 4(3) Self-contained Motor Vehicles Legislation Act 2023 Section 3(6A) inserted 7 June 2023 section 4(3) Self-contained Motor Vehicles Legislation Act 2023
4: Interpretation
In this Act, unless the context requires another meaning,— certificate of self-containment section 87U chief executive commissioner section 24AA(1) conservation Act conservation Acts
a: the Conservation Act 1987
b: the National Parks Act 1980
c: the Reserves Act 1977
d: the Wildlife Act 1953 conservation land section 7 Crown land Act Crown land Acts
a: the Crown Pastoral Land Act 1998
b: the Land Act 1948
c: the Marine and Coastal Area (Takutai Moana) Act 2011
d: the New Zealand Railways Corporation Act 1981
e: the Public Works Act 1981 Department Director-General enforcement officer section 32 33 33A freedom camp section 5 infringement fee infringement offence against section 20 20A 20B 20C LINZ LINZ land section 8 local authority section 5(1) local authority area section 6 Minister
a: for the purposes of sections 43(1) 45A clause 3(1)
i: the Minister of Tourism; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of those provisions:
b: for the purposes of any other provision in this Act,—
i: the Minister of Conservation and the Minister of Local Government; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act (other than the provisions specified in paragraph (a)) motor vehicle
a: a motor vehicle within the meaning of section 2(1)
b: a unit used for camping that is not itself a vehicle but is capable of being—
i: transported by means of being loaded onto a vehicle; and
ii: used for camping whether or not it is loaded onto a vehicle New Zealand Transport Agency NZTA section 93 NZTA land section 6A offence owner section 2(1) owned rental company Land Transport Act 1998 self-contained section 87U(3)(d) see subpart 1 transport Act transport Acts
a: the Government Roading Powers Act 1989
b: the Land Transport Act 1998
c: the Land Transport Management Act 2003
d: the Local Government Act 1974
e: the Public Works Act 1981
f: the Railways Act 2005 vehicle section 2(1) warrant card section 87X(1)(b) waste waste receptacle Section 4 certificate of self-containment inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 chief executive inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 commissioner inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 Crown land Act inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 Crown land Acts inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 enforcement officer amended 7 June 2023 section 5(3) Self-contained Motor Vehicles Legislation Act 2023 Section 4 freedom camping notice notice repealed 7 June 2023 section 5(2) Self-contained Motor Vehicles Legislation Act 2023 Section 4 infringement fee inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 infringement offence amended 7 June 2023 section 5(4) Self-contained Motor Vehicles Legislation Act 2023 Section 4 LINZ inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 LINZ land inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 Minister inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 motor vehicle inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 New Zealand Transport Agency NZTA inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 NZTA land inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 owner inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 rental company inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 self-contained inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 transport Act inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 transport Acts inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 vehicle inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 warrant card inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023 Section 4 waste receptacle inserted 7 June 2023 section 5(1) Self-contained Motor Vehicles Legislation Act 2023
5: Meaning of freedom camp
1: In this Act, freedom camp
a: a tent or other temporary structure:
b: a motor vehicle.
2: In this Act, freedom camping
a: temporary and short-term parking of a motor vehicle:
b: recreational activities commonly known as day-trip excursions:
c: resting or sleeping at the roadside in a
2A: In this Act, a person is not freedom camping
a: is a person other than a person who is in New Zealand on the basis of a visitor visa (within the meaning of the immigration instructions); and
b: is unable to live in appropriate residential accommodation; and
c: as a consequence of that inability, is living in either or both of the following:
i: a tent or other temporary structure:
ii: a motor vehicle.
3: In this section camping ground
a: a camping ground that is the subject of a current certificate of registration under the Camping-Grounds Regulations 1985 ; or
b: any site at which a fee is payable for camping at the site Great Walks Track
a: a track specified in Schedule 1
b: any other track specified by Order in Council made under section 44 immigration instructions section 4 residential accommodation Section 5(1) replaced 7 June 2023 section 6(1) Self-contained Motor Vehicles Legislation Act 2023 Section 5(2)(c) amended 7 June 2023 section 6(2) Self-contained Motor Vehicles Legislation Act 2023 Section 5(2A) inserted 7 June 2023 section 6(3) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) amended 7 June 2023 section 6(4) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) camping ground amended 7 June 2023 section 6(5) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) immigration instructions inserted 7 June 2023 section 6(6) Self-contained Motor Vehicles Legislation Act 2023 Section 5(3) residential accommodation inserted 7 June 2023 section 6(6) Self-contained Motor Vehicles Legislation Act 2023
6: Meaning of local authority area
1: In this Act, local authority area
a: means an area of land—
i: that is within the district or region of a local authority; and
ii: that is—
A: controlled or managed by or on behalf of the local authority under any enactment; or
B: an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
2: Despite subsection (1), in this Act, local authority area
a: means an area of land within Auckland that is—
i: controlled or managed by the Auckland Council under any enactment; or
ii: controlled or managed by Auckland Transport; or
iii: an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
3: In subsection (2), Auckland Auckland Transport section 4(1) Section 6(1)(a) replaced 7 June 2023 section 7(1) Self-contained Motor Vehicles Legislation Act 2023 Section 6(2)(a) replaced 7 June 2023 section 7(2) Self-contained Motor Vehicles Legislation Act 2023
6A: Meaning of NZTA land
In this Act, NZTA land
a: means an area of land that is controlled or managed by the New Zealand Transport Agency under a transport Act; and
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water. Section 6A inserted 7 June 2023 section 8 Self-contained Motor Vehicles Legislation Act 2023
7: Meaning of conservation land
In this Act, conservation land
a: means an area of land that is controlled or managed by the Department under a conservation Act; and
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water.
8: Meaning of LINZ land
In this Act, LINZ land
a: means an area of land that is controlled or managed by LINZ under a Crown land Act; and
b: includes any part of an area of land referred to in paragraph (a); but
c: does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water. Section 8 replaced 7 June 2023 section 9 Self-contained Motor Vehicles Legislation Act 2023
9: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 9 replaced 7 June 2023 section 9 Self-contained Motor Vehicles Legislation Act 2023
9A: Act binds the Crown
This Act binds the Crown. Section 9A inserted 7 June 2023 section 9 Self-contained Motor Vehicles Legislation Act 2023
2: Where freedom camping permitted
1: Freedom camping in local authority areas
10: Where freedom camping in local authority area permitted
1: Freedom camping is permitted in any local authority area, unless it is restricted or prohibited in that area as specified in subsection (3), if—
a: a tent or other temporary structure is used; or
b: a self-contained motor vehicle is used.
2: Freedom camping using a motor vehicle that is not self-contained is permitted in a local authority area only if it is permitted in that area—
a: in accordance with a bylaw made under section 11A
b: under any other legislation.
3: Freedom camping may be restricted or prohibited in a local authority area—
a: by a bylaw made under section 11
b: in the case of a self-contained motor vehicle, by the limit placed on the maximum number of people for which the vehicle is certified; or
c: under any other legislation.
4: A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
5: See subpart 3 Section 10 replaced 7 June 2023 section 10 Self-contained Motor Vehicles Legislation Act 2023 Section 10(4) inserted 13 July 2023 section 10 Self-contained Motor Vehicles Legislation Act 2023
10A: Bylaws declaring NZTA land to be local authority area
1: A local authority may make bylaws declaring any area of NZTA land in its district or region to be a local authority area for the purposes of this Act.
2: A local authority may make a bylaw under subsection (1) only if it is satisfied that—
a: the bylaw is necessary for 1 or more of the following purposes:
i: to protect the area:
ii: to protect the health and safety of people who may visit the area:
iii: to protect access to the area; and
b: the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and
c: the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990
3: A local authority must not make a bylaw under subsection (1) without the written consent of the chief executive of the NZTA. Section 10A inserted 7 June 2023 section 10 Self-contained Motor Vehicles Legislation Act 2023
11: Freedom camping bylaws
1: A local authority may make bylaws—
a: defining the local authority areas in its district or region where freedom camping is restricted and the restrictions that apply to freedom camping in those areas:
b: defining the local authority areas in its district or region where freedom camping is prohibited.
2: A local authority may make a bylaw under subsection (1) only if it is satisfied that—
a: the bylaw is necessary for 1 or more of the following purposes:
i: to protect the area:
ii: to protect the health and safety of people who may visit the area:
iii: to protect access to the area; and
b: the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and
c: the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990
3: A local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A
4:
5:
6:
7: Section 11(3) replaced 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(4) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(5) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(6) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023 Section 11(7) repealed 7 June 2023 section 11 Self-contained Motor Vehicles Legislation Act 2023
11A: Bylaws permitting freedom camping in motor vehicles that are not self-contained
1: A local authority may make bylaws defining—
a: the local authority areas, if any, in its district or region where freedom camping in a motor vehicle that is not self-contained is permitted; and
b: the restrictions and conditions, if any, that apply to freedom camping in those areas.
2: The local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A Section 11A inserted 7 June 2023 section 12 Self-contained Motor Vehicles Legislation Act 2023
11B: Requirements relating to bylaws made under sections 10A to 11A
1: A bylaw made under section 10A 11 11A
a: by a map:
b: by a description of its locality (other than just its legal description).
2: However, where a bylaw contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.
3: The local authority must use the special consultative procedure set out in section 83 section 86
a: making a bylaw under section 10A 11 11A
b: amending a bylaw made under any of those sections; or
c: revoking a bylaw made under any of those sections.
4: Despite subsection (3)(b), a local authority may, by resolution publicly notified, make minor changes to, or correct errors in, a bylaw made under section 10A 11 11A
a: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
b: an existing status or capacity of any person to whom the bylaw applies.
5: In this section,— affected area
a: in the case of a bylaw made under section 10A
b: in the case of a bylaw made under section 11
c: in the case of a bylaw made under section 11A publicly notified section 5(1) Section 11B inserted 7 June 2023 section 12 Self-contained Motor Vehicles Legislation Act 2023
12: Bylaws must not absolutely prohibit freedom camping
1: A local authority may not make bylaws under section 11
2: This section is for the avoidance of doubt.
13: Review of bylaws
1: A local authority must review a bylaw made by it under section 10A 11 11A
2: A local authority must review a bylaw made by it under section 10A 11 11A
3: A local authority must review a bylaw made by it under section 11 section 11(2)
4: If, after a review, the local authority considers that the bylaw—
a: should be amended, revoked, or revoked and replaced, it must act under section 11B(3)
b: should continue without amendment, it must use the special consultative procedure set out in section 83
5: For the purposes of subsection (4)(b), the statement of proposal referred to in section 83(1)(a)
a: a copy of the bylaw to be continued; and
b: the reasons for the proposal; and
c: a report of any relevant determinations by the local authority under section 11(2)
6: A bylaw that is not reviewed as required by this section, if not earlier revoked by the local authority concerned, is revoked on the day that is 2 years after the last date on which the bylaw should have been reviewed under this section. Section 13(1) amended 7 June 2023 section 13(1) Self-contained Motor Vehicles Legislation Act 2023 Section 13(2) amended 7 June 2023 section 13(1) Self-contained Motor Vehicles Legislation Act 2023 Section 13(3) amended 7 June 2023 section 13(2) Self-contained Motor Vehicles Legislation Act 2023 Section 13(4)(a) amended 7 June 2023 section 13(3) Self-contained Motor Vehicles Legislation Act 2023
13A: Bylaw revocation postponed as result of outbreak of COVID-19
2021-07-01 Freedom Camping Act 2011 Repeal of section 13A Section 13A repealed 1 July 2021
14: Application of Local Government Act 2002 to bylaws
1: To the extent that the Local Government Act 2002
2: Subsection (1) is subject to any provision to the contrary in this Act.
2: Freedom camping on conservation land
15: Where freedom camping on conservation land permitted
1: Freedom camping is permitted on any conservation land unless freedom camping is restricted or prohibited on the land—
a:
b: in accordance with a section 17
c: under a conservation Act or any other enactment.
2: A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on conservation land on which freedom camping in a motor vehicle is restricted to self-contained motor vehicles. Section 15 heading replaced 7 June 2023 section 14(1) Self-contained Motor Vehicles Legislation Act 2023 Section 15(1)(a) repealed 1 April 2012 section 8 Section 15(1)(b) amended 7 June 2023 section 14(2) Self-contained Motor Vehicles Legislation Act 2023 Section 15(2) inserted 13 July 2023 section 14(3) Self-contained Motor Vehicles Legislation Act 2023
16: Freedom camping restriction and prohibition signs
Section 16 repealed 1 April 2012 section 8
17: Notices restricting or prohibiting freedom camping on conservation land
1: The Director-General may, by notice published in accordance with subsection (5) and section 18
a: define conservation land where freedom camping is restricted and the restrictions that apply to freedom camping on that land:
b: define conservation land where freedom camping is prohibited.
2: A notice may be published under subsection (1) only if—
a: the Director-General is satisfied that the notice is not inconsistent with—
i: the purpose of any conservation Act relevant to the land; or
ii: any general policy, management strategy, or management plan made under a conservation Act relevant to the land; or
iii: the New Zealand Bill of Rights Act 1990
b: the Director-General has first consulted the Conservation Board established under section 6L
3: A notice must—
a: define the conservation land by a map or a description of its locality (other than just its legal description) or both; and
b: specify whether freedom camping is restricted or prohibited on the land and, if applicable, the restrictions that apply; and
c: state the date on which the notice comes into force.
4: However, where a notice contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.
5: A notice under this section—
a: is secondary legislation ( see Part 3
b: despite section 26 section 18(2)(b) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	publish a summary of it (which complies with section 18(2) Gazette •	publish it on the Department's Internet site •	make it available for inspection free of charge at Department’s offices Section 18(1)(b) and (3) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17 heading replaced 7 June 2023 section 15 Self-contained Motor Vehicles Legislation Act 2023 Section 17(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18: Public notification of notices restricting or prohibiting freedom camping on conservation land
1: A notice published under section 17
a:
b: is published in the following newspapers:
i: in a daily newspaper circulating in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; or
ii: if the Director-General is satisfied that the notice is of local or regional interest only, in a newspaper or newspapers circulating throughout the locality or region to which the notice relates; and
c: complies with subsection (2).
2: A summary of a notice published under section 17
a: generally describe the contents of the notice; and
b: specify the date on which the notice will come into force (which must be a date that is no earlier than the later of the days on which the notice is published under the Legislation Act 2019
c: state that copies of the notice may be inspected and obtained at the offices of the Department on payment of the specified amount.
3: The Department must—
a:
b:
c:
d: supply to any person, on request and on payment of a reasonable charge, a copy of a notice. Section 18 heading replaced 7 June 2023 section 16(1) Self-contained Motor Vehicles Legislation Act 2023 Section 18(1) amended 7 June 2023 section 16(2) Self-contained Motor Vehicles Legislation Act 2023 Section 18(1)(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(2) amended 7 June 2023 section 16(2) Self-contained Motor Vehicles Legislation Act 2023 Section 18(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
19: Director-General to exercise powers as if Act specified in Schedule 1 of Conservation Act 1987
The Director-General must exercise the powers conferred on him or her under this subpart as if this Act were specified in Schedule 1
3: Freedom camping on LINZ land
Subpart 3 inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19A: Where freedom camping on LINZ land permitted
1: Freedom camping is not permitted on LINZ land except in accordance with a notice made under section 19B
2: A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained. Section 19A inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023 Section 19A(2) inserted 13 July 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19B: Notices permitting freedom camping on LINZ land
1: Subsection (2) applies to LINZ land that is controlled or managed under either or both of the following Acts:
a: the Crown Pastoral Land Act 1998
b: the Land Act 1948
2: The commissioner may, by notice published in accordance with section 19D
3: Subsection (4) applies to LINZ land that is controlled or managed under 1 or more of the following Acts:
a: the Marine and Coastal Area (Takutai Moana) Act 2011
b: the Public Works Act 1981
c: the New Zealand Railways Corporation Act 1981
4: The chief executive may, by notice published in accordance with section 19D
5: A notice published under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19B inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19C: Commissioner and chief executive must consult before making notice
1: Before making a notice under section 19B(2)
2: Before making a notice under section 19B(4)
3: The requirements in subsections (1) and (2) do not apply to an area of LINZ land described in Schedule 3
a: any restriction or condition in a notice made under section 19B
b: a notice applying to the area of LINZ land has not previously been made under section 19B(2) or (4) Section 19C inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
19D: Requirements relating to notices published under section 19B
1: This section applies to any notice published under section 19B
2: A notice may not permit freedom camping on any LINZ land that is held by a person under a lease or licence granted to the person by the Crown.
3: A notice must specify any restrictions and conditions that apply.
4: Sections 17(3)(a) and (c) and (4) 18
a: in section 18(1)(b)(ii)
b: in section 18(2)(c) and (3) Section 19D inserted 7 June 2023 section 17 Self-contained Motor Vehicles Legislation Act 2023
3: Enforcement, miscellaneous, and transitional provisions
1: Offences, defences, and penalties
Infringement offences Heading inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20: Infringement offences relating to local authority areas
1: A person commits an infringement offence if the person—
a: freedom camps in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 11A
b: freedom camps in a local authority area, other than a local authority area defined in a bylaw made under section 11A
c: fails to display a warrant card in a motor vehicle that the person is using to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
d: freedom camps in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
e: while freedom camping in a local authority area,—
i: interferes with or damages the area, its flora or fauna, or any structure in the area; or
ii: deposits waste in or on the area (other than into an appropriate waste receptacle); or
f: makes preparations to freedom camp in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 11A
g: makes preparations to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
h: makes preparations to freedom camp in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
i: fails or refuses to leave a local authority area when required to do so by an enforcement officer acting under section 36
2: In this section and in sections 20A 20B make preparations
a: erect a tent to use it for freedom camping:
b: park a motor vehicle to use it for freedom camping. Section 20 replaced 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Section 20(1)(c) inserted 13 July 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20A: Infringement offences relating to conservation land
A person commits an infringement offence if the person—
a: freedom camps on conservation land in breach of any prohibition or restriction specified in a notice made under section 17
b: fails to display a warrant card in a motor vehicle that the person is using to freedom camp on conservation land on which freedom camping is restricted to self-contained motor vehicles; or
c: while freedom camping on conservation land,—
i: interferes with or damages the land, its flora or fauna, or any structure on the land; or
ii: deposits waste in or on the land (other than into an appropriate waste receptacle); or
d: makes preparations to freedom camp on conservation land in breach of any prohibition or restriction specified in a notice made under section 17
e: fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36 Section 20A inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Section 20A(b) inserted 13 July 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20B: Infringement offences relating to LINZ land
A person commits an infringement offence if the person—
a: freedom camps on LINZ land, except to the extent that freedom camping is permitted on the land in accordance with a notice made under section 19B
b: freedom camps on LINZ land in breach of any restriction or condition specified in a notice made under section 19B
c: fails to display a warrant card in a motor vehicle that the person is using to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained; or
d: while freedom camping on LINZ land,—
i: interferes with or damages the land, its flora or fauna, or any structure on the land; or
ii: deposits waste in or on the land (other than into an appropriate waste receptacle); or
e: makes preparations to freedom camp on LINZ land, except where freedom camping is permitted on the land in accordance with a notice made under section 19B
f: makes preparations to freedom camp on LINZ land in breach of any restriction or condition in a notice made under section 19B
g: fails or refuses to leave LINZ land when required to do so by an enforcement officer acting under section 36 Section 20B inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Section 20B(c) inserted 13 July 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20C: Other infringement offences
A person commits an infringement offence if the person—
a: displays in a motor vehicle an altered or a fraudulent warrant card; or
b: presents an altered or a fraudulent certificate of self-containment to an enforcement officer acting under this Act; or
c: refuses to give information when required to do so by an enforcement officer under section 35 Section 20C inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20D: Strict liability offences
In prosecuting an infringement offence, the prosecution does not need to prove that the defendant—
a: intentionally or recklessly committed the offence; or
b: knew that the offence occurred in, or in relation to, a local authority area, conservation land, or LINZ land. Section 20D inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20E: Penalties for infringement offences
A person who commits an infringement offence is liable to—
a: an infringement fee not exceeding $1,000 that is prescribed by regulations made under section 43
b: if no regulations have been made under section 43
c: a fine imposed by a court not exceeding $3,000 or any lesser or equal amount prescribed by the regulations. Section 20E inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Other offences Heading inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20F: Offence to discharge certain substances
1: A person commits an offence if the person discharges a substance in or on a local authority area, conservation land, or LINZ land in circumstances where the discharge of the substance is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it—
a: has, or is likely to have, a significant adverse effect on the environment; or
b: has caused, or is likely to cause, significant concern to—
i: residents living on or near the area or land; or
ii: other users of the area or land.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000. Section 20F inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
20G: Offence to interfere with enforcement officer
1: A person commits an offence if, while an enforcement officer is carrying out the officer’s functions and duties under this Act, the person—
a: intentionally prevents the officer from carrying out those functions and duties; or
b: obstructs or impedes the officer; or
c: assaults, threatens, or intimidates the officer; or
d: uses language that is abusive or threatening to the officer; or
e: behaves in a threatening manner towards the officer.
2: A person who incites any other person to do any act referred to in subsection (1) commits an offence.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $5,000. Section 20G inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023 Defences to offences Heading inserted 7 June 2023 section 18 Self-contained Motor Vehicles Legislation Act 2023
21: Strict liability offences
Section 21 repealed 7 June 2023 section 19 Self-contained Motor Vehicles Legislation Act 2023
22: Defences to offences
1: It is a defence to an offence if the court concerned is satisfied that the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant and—
a: the action or event could not reasonably have been foreseen or prevented by the defendant; and
b: the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.
2: It is a defence to an offence if the court concerned is satisfied that—
a: the act or omission giving rise to the offence was necessary to—
i: save or protect life or health; or
ii: prevent injury; or
iii: prevent serious damage to property; or
iv: avoid actual or likely damage to the environment; and
b: the conduct of the defendant was reasonable in the circumstances; and
c: the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.
3: It is a defence to an offence against section 20(1)(e)(ii) 20A(c)(ii) 20B(d)(ii)
a: the act giving rise to the offence was necessary in the circumstances; and
b: the conduct of the defendant was reasonable in the circumstances; and
c: the effects of the act were adequately remedied or mitigated by the defendant after the offence occurred.
4: Subsection (5) applies in respect of a proceeding commenced by an enforcement officer issuing an infringement notice under section 27 section 26(1)(b) or (c)
5: The defences available under section 133A(3) and (4) section 2(1)
6: The defences available under this section do not limit any other defences that may be available. Section 22(3) amended 7 June 2023 section 20 Self-contained Motor Vehicles Legislation Act 2023
23: Penalties
Section 23 repealed 7 June 2023 section 21 Self-contained Motor Vehicles Legislation Act 2023 Cost of damage Heading inserted 7 June 2023 section 22 Self-contained Motor Vehicles Legislation Act 2023
24: Offenders liable for cost of damage
1: A person who commits an offence (including an infringement offence) may, in addition to, or instead of, incurring a penalty for the offence, be ordered to pay any of the following costs:
a: the costs incurred by the local authority in repairing any damage done to a local authority area as a result of the offence:
b: the costs incurred by the NZTA in repairing any damage done to NZTA land as a result of the offence:
c: the costs incurred by the Department in repairing any damage done to conservation land as a result of the offence:
d: the costs incurred by LINZ in repairing any damage done to LINZ land as a result of the offence.
2: The costs must be assessed by the District Court Section 24(1) replaced 7 June 2023 section 23 Self-contained Motor Vehicles Legislation Act 2023 Section 24(2) amended 1 March 2017 section 261 District Court Act 2016
2: Proceedings
25: How proceedings commenced
1: Proceedings for an offence other than an infringement offence may be commenced by an enforcement officer filing a charging document under section 14
2: Proceedings for an infringement offence may be commenced by—
a: an enforcement officer issuing an infringement notice under section 27
b: an enforcement officer filing a charging document under section 14
3: Proceedings commenced in the way described in subsection (2)(a) that continue (other than by the infringement fee for the offence being paid) must be continued under section 21
4: Proceedings commenced in the way described in subsection (2)(b) do not require leave of a District Court Judge or Registrar under section 21 Section 25(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 25(2)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
26: Who proceedings may be commenced against
1: Proceedings for an offence may be taken against 1 or more of the following persons:
a: the person who allegedly committed the offence:
b: if a motor vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17
c: if a vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle (whether or not jointly with any other person).
2: Subsection (1)(b) and (c) apply whether or not the person, at the time the alleged offence was committed,—
a: is an individual; or
b: was the driver of the vehicle; or
c: was the person in charge of the vehicle; or
d: was the user of the vehicle. Section 26(1)(b) replaced 7 June 2023 section 24 Self-contained Motor Vehicles Legislation Act 2023
27: Who may serve infringement notices
1: An enforcement officer who believes on reasonable grounds that a person has committed or is committing an infringement offence may serve an infringement notice on the person.
2: An enforcement officer who believes on reasonable grounds that a motor vehicle was used or is being used in the commission of an infringement offence may serve an infringement notice on the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17
3: Subsection (2) does not limit the generality of subsection (1). Section 27 replaced 7 June 2023 section 25 Self-contained Motor Vehicles Legislation Act 2023
27A: How to serve infringement notices
1: An infringement notice may be served—
a: by delivering it, or a copy of it, to the person—
i: who appears to have committed the infringement offence; or
ii: who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17
b: by sending it, or a copy of it, by email to the person at an email address that is used by the person; or
c: by sending it, or a copy of it, by post, addressed to the person at the person’s last known place of residence or business; or
d: if the person is a holder of a land transport document, by sending it, or a copy of it, by post to the person at their last address provided for the purposes of that document; or
e: if a vehicle was used or is being used in the commission of the infringement offence, by attaching it, or a copy of it, to the vehicle.
2: For the purposes of the Summary Proceedings Act 1957
a: an infringement notice sent to a person by email under subsection (1)(b) is to be treated, unless the contrary is shown, as being served on the person at the time the email first enters an information system that is outside the control of the enforcement officer:
b: an infringement notice sent to a person by post under subsection (1)(c) or (d) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:
c: an infringement notice attached to a vehicle under subsection (1)(e) is to be treated as having been served when it is attached to the vehicle.
3: In this section,— information system land transport document
a: the Land Transport Act 1998
b: the Road User Charges Act 2012
c: the Government Roading Powers Act 1989 Section 27A inserted 7 June 2023 section 25 Self-contained Motor Vehicles Legislation Act 2023
27B: Form of infringement notices
1: An infringement notice must be in the prescribed form and contain all of the following particulars:
a: sufficient detail to inform the defendant of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the place where the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of how section 21(10)
f: a statement that the defendant has a right to request a hearing:
g: a statement of the consequences if the defendant does not pay the infringement fee or request a hearing:
h: a statement of what will happen if the person served with the notice does not pay the infringement fee or request a hearing:
i: any other particulars that are prescribed by regulations.
2: If there is no prescribed form for the purposes of subsection (1), an infringement notice must be in the form set out in Schedule 2 Section 27B inserted 7 June 2023 section 25 Self-contained Motor Vehicles Legislation Act 2023
28: Reminder notices
1: This section applies if a person is served with a reminder notice following the issuing of an infringement notice.
2: The reminder notice must be in the prescribed form and must include the same particulars, or substantially the same particulars, as the infringement notice.
3: If there is no prescribed form for the purposes of subsection (2) Schedule 2
29: Rental service agreement may provide for payment of infringement fee
1: A hirer of a motor vehicle may, in a rental service agreement with a rental company, agree to pay any infringement fee and any costs that may become payable because of an infringement notice served on the rental company for an infringement offence (in this section and in section 30 particular offence
a: in circumstances involving the use of the vehicle hired under the agreement; and
b: during the period of hire.
2: The hirer may, in the rental service agreement, also authorise the rental company to debit the hirer's credit card with the infringement fee and any costs payable because of an infringement notice for a particular offence and, in that case, the agreement must—
a: set out the liability of the parties to the agreement for any particular offences:
b: require the rental company to send to the permanent address provided by the hirer copies of any infringement notices and any reminder notices that may be served on the rental company for any particular offences:
c: indicate that representations may be made to the issuing enforcement authority to challenge or query an infringement notice:
d: set out the hirer's right to seek a court hearing for the particular offence.
3: This section and section 30
4: In this section and section 30 costs section 30(4) credit card Section 29(4) rental company repealed 7 June 2023 section 26 Self-contained Motor Vehicles Legislation Act 2023
30: Charging hirer for infringement fee
1: In any case where a rental company receives an infringement notice for a particular offence, the rental company may not exercise an authority under a rental service agreement to debit the hirer’s credit card unless, within 5 working days of receipt of the infringement notice, the rental company—
a: sends a copy of the infringement notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and
b: notifies the hirer that if the rental company receives a reminder notice for that offence, the rental company will debit the hirer's credit card for the amount of the infringement fee and costs.
2: If the rental company does not receive an infringement notice for the particular offence, but receives a reminder notice for that offence, the rental company may not exercise the authority to debit the hirer’s credit card unless, within 5 working days of the receipt of the reminder notice, the rental company—
a: sends a copy of the reminder notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and
b: notifies the hirer that the rental company will debit the hirer's credit card with the fee and costs payable because of the infringement notice.
3: Except where the hirer has been separately served by an enforcement officer with an infringement notice for the particular offence, the infringement notice sent to the hirer under subsection (1)(a) or the reminder notice served under subsection (2)(a) is deemed to have been served on the hirer by the enforcement officer and the hirer has, in respect of the infringement notice or the reminder notice, all the rights and obligations under the Summary Proceedings Act 1957
4: The rental service agreement may specify an administration fee that the rental company may charge to cover the cost of debiting the hirer's credit card.
5: Any infringement fee for a particular offence that the rental company receives as a result of debiting the hirer's credit card must be paid to the issuing enforcement authority without delay.
6: The rental company must refund the hirer any infringement fee for the particular offence that the hirer has received as a result of debiting the hirer's credit card if—
a: the issuing enforcement authority decides not to continue the proceeding for the particular offence; or
b: the reminder notice filed or deemed to have been filed in the District Court
c: at a court hearing, the hirer is not found to be liable for the particular offence; or
d: the fine for the particular offence is set aside by a determination of a court. Section 30(6)(b) amended 1 March 2017 section 261 District Court Act 2016
31: Entitlement to infringement fees
1: A local authority is entitled to retain all infringement fees resulting from infringement notices issued by enforcement officers appointed by the local authority under section 32
2: All infringement fees resulting from infringement notices issued by enforcement officers appointed by the Director-General under section 33
3: All infringement fees resulting from infringement notices issued by enforcement officers appointed by the chief executive or the commissioner under section 33A
4: To avoid doubt, subsections (1) to (3) apply irrespective of whether the fees are for offences committed in relation to a local authority area, conservation land, or LINZ land. Section 31(3) replaced 7 June 2023 section 27 Self-contained Motor Vehicles Legislation Act 2023 Section 31(4) inserted 7 June 2023 section 27 Self-contained Motor Vehicles Legislation Act 2023
3: Enforcement officers
32: Appointment of enforcement officers by local authorities
1: A local authority may appoint persons to be enforcement officers for the purposes of this Act.
2: The local authority must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the local authority areas in relation to which they may act; and
d: the conservation land in relation to which they may act (being only land in respect of which the Director-General has consented to officers exercising enforcement powers); and
e: the LINZ land in relation to which they may act (which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers). Section 32(2)(e) inserted 7 June 2023 section 28 Self-contained Motor Vehicles Legislation Act 2023
33: Appointment of enforcement officers by Director-General
1: The Director-General may appoint persons to be enforcement officers for the purposes of this Act.
2: The Director-General must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the conservation land in relation to which they may act; and
d: the local authority areas in relation to which they may act (being only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers); and
e: the LINZ land in relation to which they may act (which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers). Section 33(2)(e) inserted 7 June 2023 section 29 Self-contained Motor Vehicles Legislation Act 2023
33A: Appointment of enforcement officers by chief executive or commissioner
1: The chief executive or the commissioner may appoint persons to be enforcement officers for the purposes of this Act.
2: The chief executive or the commissioner, as applicable, must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the LINZ land in relation to which they may act; and
d: the local authority areas in relation to which they may act (which are only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers); and
e: the conservation land in relation to which they may act (which is only land in respect of which the Director-General has consented to officers exercising enforcement powers). Section 33A inserted 7 June 2023 section 30 Self-contained Motor Vehicles Legislation Act 2023
34: Enforcement officers must produce evidence of appointment
1: An enforcement officer must produce evidence of his or her appointment under this Act whenever reasonably required to do so by any person.
2: It is sufficient evidence that a person is appointed under this Act if the person produces a document that specifies, by reference to sections of this Act,—
a: the responsibilities and powers that the person has under the Act; and
b: the infringement and other offences in relation to which the person is appointed.
35: Enforcement officers may require certain information
1: An enforcement officer who believes on reasonable grounds that a person has committed or is committing an offence may direct the person to give—
a: his or her full name, date of birth, full address, email address,
b: the full name, date of birth, full address, email address,
1A: An enforcement officer may direct a person to produce the certificate of self-containment that applies to the motor vehicle in which the person is freedom camping if the officer believes on reasonable grounds that—
a: the person has committed or is committing an offence under section 20(1)(b), (d), (g), or (h)
b: the person—
i: has committed or is committing an offence under section 20A(a) or (d) 20B(b) or (f)
ii: has breached or is breaching a prohibition, restriction, or condition relating to self-contained motor vehicles.
2: Nothing in subsection (1)(b) overrides legal professional privilege or affects any privilege recognised by sections 54 to 64 Section 35(1)(a) amended 7 June 2023 section 31(1) Self-contained Motor Vehicles Legislation Act 2023 Section 35(1)(b) amended 7 June 2023 section 31(1) Self-contained Motor Vehicles Legislation Act 2023 Section 35(1A) inserted 7 June 2023 section 31(2) Self-contained Motor Vehicles Legislation Act 2023
36: Enforcement officers may require certain persons to leave
local authority area, conservation land, or LINZ land An enforcement officer may require a person who he or she believes on reasonable grounds is committing or has committed an offence to leave the local authority area, conservation land, or LINZ land Section 36 heading amended 7 June 2023 section 32(1) Self-contained Motor Vehicles Legislation Act 2023 Section 36 amended 7 June 2023 section 32(2) Self-contained Motor Vehicles Legislation Act 2023
37: Enforcement officers may seize and impound certain property
1: An enforcement officer may seize and impound property in a local authority area or on conservation land—
a: if the property has been or is being used in the commission of an offence; and
b: if it is reasonable in the circumstances to seize and impound the property or, if section 38
c: if the property is both being used in the commission of an offence and in the possession of a person at the time the officer proposes to seize it and, before seizing and impounding it, the officer—
i: has directed (orally or in writing) the person committing the offence to stop committing the offence; and
ii: has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the officer has power to seize and impound the property; and
iii: has provided the person with a reasonable opportunity to stop committing the offence.
2: As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—
a: to the person in possession of the property at the time it was seized and impounded; or
b: if paragraph (a) does not apply, to any person who the officer can ascertain is the owner of, or has an interest in, the property.
3: If there is no prescribed form for the purposes of subsection (2), a notice must be in the form set out in Schedule 2
4: This section is subject to section 38
38: Requirements relating to seizure and impoundment of
boats and motor vehicles An enforcement officer may seize and impound a boat or motor vehicle section 37
a: is necessary to avoid any risk to the health of the public; or
b: is necessary for the safety of the public; or
c: is necessary to protect significant flora or fauna; or
d: is necessary to ensure access to the local authority area or conservation land concerned; or
e: is, in the circumstances, the most appropriate action to prevent the ongoing commission of the offence. Section 38 heading amended 7 June 2023 section 33(1) Self-contained Motor Vehicles Legislation Act 2023 Section 38 amended 7 June 2023 section 33(2) Self-contained Motor Vehicles Legislation Act 2023
39: Return of property seized and impounded
1: The owner of property that has been seized and impounded under section 37 the local authority concerned, the Director-General, the chief executive, or the commissioner
2: The local authority, the Director-General, the chief executive, or the commissioner
a: the property is in future not likely to be used in any offence of the kind for which it was seized; and
b: the owner or person has paid, or tenders with the request payment of, the costs of the local authority, the Department, or LINZ
3: If the local authority, the Director-General, the chief executive, or the commissioner the District Court the local authority, the Director-General, the chief executive, or the commissioner
4: The District Court may—
a: confirm the decision of the local authority, the Director-General, the chief executive, or the commissioner
b: order that the property be returned unconditionally or subject to any conditions that the court thinks fit.
5: To avoid doubt, nothing in this section—
a: affects or limits the liability of any person for the offence in relation to which the property was seized; or
b: affects or limits the rights of the local authority, the Director-General, the chief executive, or the commissioner Section 39(1) amended 7 June 2023 section 34(1) Self-contained Motor Vehicles Legislation Act 2023 Section 39(2) amended 7 June 2023 section 34(2)(a) Self-contained Motor Vehicles Legislation Act 2023 Section 39(2)(b) amended 7 June 2023 section 34(2)(b) Self-contained Motor Vehicles Legislation Act 2023 Section 39(3) amended 7 June 2023 section 34(3) Self-contained Motor Vehicles Legislation Act 2023 Section 39(3) amended 1 March 2017 section 261 District Court Act 2016 Section 39(4)(a) amended 7 June 2023 section 34(3) Self-contained Motor Vehicles Legislation Act 2023 Section 39(5)(b) amended 7 June 2023 section 34(3) Self-contained Motor Vehicles Legislation Act 2023
40: Disposal of property seized and impounded
1: A local authority, the Director-General, the chief executive, or the commissioner local authority, the Director-General, the chief executive, or the commissioner local authority’s, the Director-General’s, the chief executive’s, or the commissioner’s
2: The local authority, the Director-General, the chief executive, or the commissioner local authority, the Director-General, the chief executive, or the commissioner
3: Any proceeds from the disposal must be applied to pay—
a: first, the costs incurred in seizing, impounding, transporting, and storing the property:
b: secondly, the costs of disposing of the property:
c: thirdly, any surplus to the owner of the property or the person from whom it was seized.
4: Subsections (2), (3)(a), and (3)(b) also apply in the following circumstances to property that has not been returned within 6 months after it was seized and impounded:
a: where the person from whom the property was seized cannot be contacted after reasonable efforts to find the person have been made:
b: where the property was not seized from a person and the owner of the property cannot be identified or contacted after reasonable efforts have been made to find the owner.
5: Any surplus remaining after applying subsection (3) forms part of the general revenues of the local authority or, if the Director-General, the chief executive, or the commissioner
6: In subsection (1), working days section 5(1) Section 40(1) amended 7 June 2023 section 35(1) Self-contained Motor Vehicles Legislation Act 2023 Section 40(1) amended 7 June 2023 section 35(2) Self-contained Motor Vehicles Legislation Act 2023 Section 40(2) amended 7 June 2023 section 35(1) Self-contained Motor Vehicles Legislation Act 2023 Section 40(5) amended 7 June 2023 section 35(3) Self-contained Motor Vehicles Legislation Act 2023
41: Protection against claims resulting from seizing or impounding of property under section 37
1: An enforcement officer is not liable for any loss or damage to property arising directly or indirectly from the seizing and impounding of the property under section 37
2: Subsection (1) does not apply if the enforcement officer acted without good faith or if his or her omission or neglect was a major departure from the standard of care expected of a reasonable person in the circumstances.
4: Miscellaneous matters
42: Relationship of this Act with other enactments
1: This Act does not limit or affect the powers of a local authority under the Local Government Act 2002
2: This Act does not limit or affect the following powers:
a: the powers of the Department under the conservation Acts:
b: the powers of the NZTA under the transport Acts:
c: the powers of LINZ under the Crown land Acts.
3: This Act does not limit or affect any rights a person may have under any enactment to occupy a local authority area, conservation land, or LINZ land
4: Nothing in section 50 section 37(1) Section 42(2) replaced 7 June 2023 section 36(1) Self-contained Motor Vehicles Legislation Act 2023 Section 42(3) amended 7 June 2023 section 36(2) Self-contained Motor Vehicles Legislation Act 2023
43: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of fines, must not be more than $3,000:
b: prescribing different penalties for different infringement offences or classes of infringement offences, defined in any way (including by the seriousness of the offence or whether it is a repeat offence):
c: prescribing the form of—
i: infringement notices and reminder notices, and the information to be included in the notices; and
ii: seizure and impounding notices, and the information to be included in the notices:
d: providing for anything that this Act says may or must be provided for by regulations:
e: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
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 43(1) replaced 7 June 2023 section 37 Self-contained Motor Vehicles Legislation Act 2023 Section 43(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
44: Orders in Council to specify track as Great Walks Track
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation,—
a: specify a track as a Great Walks Track for the purposes of section 5(3)
b: remove the name of a track specified in Schedule 1
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 44(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
45: Evidence in proceedings
A certificate signed by the chief executive of a local authority, the Director-General, the chief executive, or the commissioner Section 45 amended 7 June 2023 section 38 Self-contained Motor Vehicles Legislation Act 2023
45A: Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2023
1: The Minister must—
a: review the effect of the amendment Act on homelessness; and
b: prepare a report on that review, including recommendations (if any) for amendments to this Act and the Plumbers, Gasfitters, and Drainlayers Act 2006
2: The Minister must—
a: start the review no later than 2 years after the commencement date; and
b: complete the review no later than 30 months after the commencement date; and
c: present the report to the House of Representatives as soon as practicable after it has been completed.
3: In this section,— amendment Act Self-contained Motor Vehicles Legislation Act 2023 commencement date Part 1 section 2(1)(a)(i) to (iv) Section 45A inserted 7 June 2023 section 39 Self-contained Motor Vehicles Legislation Act 2023
5: Transitional provisions for current camping-related local authority bylaws
Subpart 5 repealed 31 August 2012 section 9
46: Purpose of this subpart
Section 46 repealed 31 August 2012 section 9
47: Infringement offences for camping-related local authority bylaw provisions specified in Schedule 3
Section 47 repealed 31 August 2012 section 9
48: Infringement offences for camping-related local authority bylaw provisions specified in Schedule 4
Section 48 repealed 31 August 2012 section 9
49: Empowering legislation otherwise applies to bylaw provisions
Section 49 repealed 31 August 2012 section 9
50: Descriptions of offences in Schedules 3 and 4
Section 50 repealed 31 August 2012 section 9