Counter-Terrorism Legislation Act 2021

1: Title
This Act is the Counter-Terrorism Legislation Act 2021.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendments to Terrorism Suppression Act 2002
Principal Act
3: Principal Act
This Part amends the Terrorism Suppression Act 2002 principal Act 2021-10-05 Terrorism Suppression Act 2002 Purpose
4: Section 3 amended (Purpose of this Act)
1: After section 3(b)(vi)
vii: Resolution 2178 (2014); and
2: Replace section 3(c)
c: to make further provision to implement, in part,—
i: the ISIL (Da’esh) and Al-Qaida Sanctions Resolutions; and
ii: the Taliban Sanctions Resolutions. Definitions and transitional, savings, and related provisions
5: Section 4 amended (Interpretation)
1: In section 4(1) Al-Qaida and the Taliban Sanctions Resolutions Al-Qaida entity Al-Qaida entity
a: associated with Al-Qaida; and
b: an entity to which that measure is to be applied
2: In section 4(1) basic needs
a: foodstuffs:
b: rent or mortgage:
c: medicines or medical treatment:
d: taxes, insurance premiums, or public utility charges:
e: reasonable professional fees, and reimbursement of incurred expenses, associated with the provision of legal services:
f: fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources
3: In section 4(1) carried out carried out
a: has the meaning given to it in section 5A(1)
b: in section 6A(1), has, despite section 5A(1) section 6A(2)
4: In section 4(1) critical infrastructure
a: assets:
b: facilities:
c: networks:
d: systems
5: In section 4(1) facility financial institution suspicious transaction report facility section 44(5) reporting entity section 44(5) service section 44(5) suspicious activity report section 44(5)
6: In section 4(1) financing of terrorism financing of , or provision of material support for,
7: In section 4(1) financing of terrorism section 8(1) or (2A) section 8(1), (1A), (2A), or (2B)
8: In section 4(1) ISIL (Da’esh) ISIL (Da’esh) and Al-Qaida Sanctions Resolutions
a: Resolution 1333 (2000) adopted on 19 December 2000; and
b: Resolution 1390 (2002) adopted on 16 January 2002; and
c: Resolution 1989 (2011) adopted on 17 June 2011; and
d: Resolution 2170 (2014) adopted on 15 August 2014; and
e: Resolution 2253 (2015) adopted on 17 December 2015 ISIL (Da’esh) entity
a: associated with ISIL (Da’esh); and
b: an entity to which that measure is to be applied
9: In section 4(1) material support
a: means support that does, or may, assist in, contribute to, or make easier, the carrying out of 1 or more terrorist acts; and
b: includes, without limiting the generality of paragraph (a)
i: advice given in making available financial or related services, or financial or related services:
ii: other advice, or other services, derived from acquired skills or knowledge (for example, agency, brokerage, translation, driving or pilotage, or training to impart skills):
iii: equipment, information, technology, or other property or resources (for example, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, or personnel (the assistance or efforts of 1 or more individuals who may be or include oneself)):
iv: accommodation, lodging, stockpiling, or storage:
v: transportation; but
c: for the purposes of section 8 section 8 paragraphs (a) and (b) section 8(5) New Zealand Resolution 2178 (2014) Schedule 4D
10: In section 4(1) Taliban entity United Nations listed terrorist entity Taliban entity
a: is not Al-Qaida, an Al-Qaida entity, or the Taliban; but
b: is designated, by or under those resolutions, as an entity to which that measure is to be applied Taliban Sanctions Resolutions
a: Resolution 1333 (2000) adopted on 19 December 2000; and
b: Resolution 1390 (2002) adopted on 16 January 2002; and
c: Resolution 1988 (2011) adopted on 17 June 2011 United Nations listed terrorist entity
a: Al-Qaida; or
b: an Al-Qaida entity; or
c: the Taliban; or
d: a Taliban entity; or
e: ISIL (Da’esh); or
f: an ISIL (Da’esh) entity
6: Section 5 amended (Terrorist act defined)
1: In section 5(2) the purpose of 1 or more purposes that are or include
2: In section 5(2)(a) induce terror in a civilian population intimidate a population
3: In section 5(2)(b) unduly compel coerce
4: In section 5(3)(d) an infrastructure facility critical infrastructure
5: In section 5(3)(e) devastate cause major damage to
7: New sections 5A and 5B inserted
After section 5
5A: Carrying out and facilitating terrorist acts
Carrying out includes preparations, credible threats, and attempts
1: For the purposes of this Act, a terrorist act is carried out
a: planning or other preparations to carry out the act, whether it is actually carried out or not:
b: a credible threat to carry out the act, whether it is actually carried out or not:
c: an attempt to carry out the act:
d: the carrying out of the act. Facilitation requires some actual knowledge
2: For the purposes of this Act, a terrorist act is facilitated
a: the facilitator knows that any specific terrorist act is facilitated:
b: any specific terrorist act was foreseen or planned at the time it was facilitated:
c: any terrorist act was actually carried out.
5B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Terrorist act
8: Section 6A amended (Terrorist act)
1: Replace the heading to section 6A Terrorist act: credible threat, attempt, and carrying out
2: Before section 6A(1) Offence
3: In section 6A(1) who engages in if the person carries out
4: Replace section 6A(2) Meaning, in subsection (1), of carried out
2: In subsection (1), carried out section 5A(1) section 5A(1)(b), (c), and (d) Effect of subsection (1) applying to attempt
3: However, subsection (1) applying to an attempt to carry out the act (within the meaning of section 5A(1)(c) section 5A(1)(d) Penalty
4: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for life or a lesser term.
5: A person who attempts to commit the offence in subsection (1) as it applies to the carrying out of the act (within the meaning of section 5A(1)(d)
9: New section 6B inserted (Terrorist act: planning or other preparations to carry out)
After section 6A
6B: Terrorist act: planning or other preparations to carry out
Offence
1: A person commits an offence if the person carries out a terrorist act (within the meaning of section 5A(1)(a)
2: Subsection (1)
a: not carrying out a terrorist act within the meaning given in section 5A(1)(b), (c), and (d)
b: for the purposes of section 72(2) of the Crimes Act 1961, too remote to constitute an attempt to commit an offence against section 6A(1).
3: In a prosecution for an offence against subsection (1)
a: must prove that the planning done is, or the other preparations made are, for an act that is, or if it were actually carried out would be, a terrorist act as defined in section 5(1)(a), (b), or (c); and
b: in particular, if that act falls within section 5(2) (in a case to which section 5(1)(a) applies), must prove the intention and purpose elements in section 5(2) and (3); but
c: in a case to which section 5(1)(a), (b), or (c) applies, need not prove a specific target, location, date, or time for that act. Penalty
4: A person who commits an offence against subsection (1) Conspiring to commit offence, and attempt to commit or procure commission
5: Sections 72, 310, and 311 of the Crimes Act 1961 do not apply to an offence against subsection (1) Financing of, or provision of material support for, terrorism
10: Section 8 amended (Financing of terrorism)
1: In the heading to section 8 Financing of , or provision of material support for,
2: Replace section 8(1) to (4) Wilful provision or collection of funds for use to carry out terrorist acts
1: A person commits an offence if the person provides or collects funds—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the funds be used, or knowing that, or being reckless about whether, they will be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts. Wilful provision of material support for use to carry out terrorist acts
1A: A person commits an offence if the person provides material support—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the support be used, or knowing that, or being reckless about whether, it is to be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts. Wilful provision or collection of funds for use by entity known to carry out or participate in carrying out of terrorist acts
2A: A person commits an offence if the person provides or collects funds—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the funds be used, or knowing that, or being reckless about whether, they will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts. Wilful provision of material support for use by entity known to carry out or participate in carrying out of terrorist acts
2B: A person commits an offence if the person provides material support—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the material support be used, or knowing that, or being reckless about whether, it will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts. Funds or material support need not be used to carry out terrorist act
3: In a prosecution for financing of, or provision of material support for, terrorism, it is not necessary for the prosecutor to prove that the funds or material support collected or provided were or was actually used, in full or in part, to carry out a terrorist act. Penalty
4: A person who commits financing of, or provision of material support for, terrorism is liable on conviction to imprisonment for a term not exceeding—
a: 14 years, if the mental element under subsection (1)(d), (1A)(d), (2A)(d), or (2B)(d)
b: 10 years, if the mental element under subsection (1)(d), (1A)(d), (2A)(d), or (2B)(d) Material support excludes humanitarian support to satisfy basic needs
5: For the purposes of this section and of any other legislation that mentions this section, material support paragraphs (a) and (b)
a: in good faith for genuine humanitarian reasons; and
b: impartially or neutrally as between people who have those needs. Dealing with property
11: Section 9 amended (Prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity)
1: In section 9(2) those provisions subsection (1)
2: In section 9(2)(a) essential human needs basic needs
3: In section 9(2)(b) financial institution reporting entity Making property, or material support, available
12: Cross-heading above section 10 amended
In the cross-heading above section 10 financial or related services, material support,
13: Section 10 amended (Prohibition on making property, or financial or related services, available to designated terrorist entity)
1: In the heading to section 10 financial or related services, material support,
2: Replace section 10(1)
1: A person commits an offence if the person makes available, or causes to be made available, to, or for the benefit of, a designated terrorist entity, any property, or any material support,—
a: directly or indirectly; and
b: without lawful justification or reasonable excuse; and
c: knowing that, or being reckless about whether, the entity is a designated terrorist entity.
3: In section 10(3) essential human needs basic needs
4: In section 10(4) services support
5: In section 10(5) 7 years 10 years
6: In section 10(6) services support
14: Cross-heading above section 11 amended
In the cross-heading above section 11 financial or related services, material support, Weapons training or combat training for terrorist purposes
15: New section 13AA and cross-heading inserted
After section 13 Weapons training or combat training for terrorist purposes
13AA: Providing or receiving weapons training or combat training for terrorist purposes
Offence
1: A person commits an offence if the person—
a: provides or receives weapons training or combat training; and
b: knows that the training is provided or received for purposes that are or include 1 or both of the following purposes:
i: to carry out 1 or more terrorist acts (whether any or all of them are actually carried out or not):
ii: to enhance the ability of any entity to carry out, or to participate in the carrying out of, 1 or more terrorist acts (whether any or all of them are actually carried out or not).
2: In a prosecution for an offence against subsection (1) subsection (1)(b)(i) or (ii) Penalty
3: A person who commits an offence against subsection (1) Travelling
16: New section 13F and cross-heading inserted
After section 13E Travelling intending to commit specified offence
13F: Travelling intending to commit specified offence
Offence
1: A person commits an offence if the person—
a: travels (by any means) to, from, or via New Zealand; and
b: does so intending to do anything that, if done wholly in New Zealand, would be a specified offence. Travel to, from, or via New Zealand
2: A person is taken to have travelled to New Zealand, for the purposes of subsection (1)
a: disembarks from a craft through a Customs place; or
b: disembarks from a craft and reports to a Customs officer, to a Police station, or to any other place as directed by a Customs officer.
3: A person is taken to have travelled from New Zealand, for the purposes of subsection (1) see also subsection (8)(a)
a: goes towards a craft through a Customs place; or
b: goes towards a craft as otherwise authorised by the chief executive of the New Zealand Customs Service, a Customs officer, the Customs and Excise Act 2018, or regulations made under that Act.
4: A person is taken to have travelled via New Zealand, for the purposes of subsection (1) see also subsection (8)(a)
a: disembarks from a craft through a Customs place; or
b: disembarks from a craft and reports to a Customs officer, to a Police station, or to any other place as directed by a Customs officer.
5: Subsections (2) to (4)
a: the generality of subsection (1) or (8)(a)
b: a prosecutor proving, without relying on subsection (2), (3), or (4)
6: In subsections (2) to (4) Customs officer Customs place Specified offence
7: In this section, specified offence
a: section 6A (terrorist act: credible threat and carrying out (but excluding an attempt)):
b: section 6B
c: section 7 (terrorist bombing):
d: section 8 (financing of, or provision of material support for, terrorism):
e: section 9 (prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity):
f: section 10 (prohibition on making property, or material support, available to designated terrorist entity):
g: section 12 (recruiting members of terrorist groups):
h: section 13 (participating in terrorist groups):
i: section 13AA
j: section 13A (harbouring or concealing terrorists):
k: section 13B (offences involving use and movement of unmarked plastic explosives):
l: section 13C (offences involving physical protection of nuclear material):
m: section 13D (importation, acquisition, etc, of radioactive material):
n: section 13E (offences involving radioactive material and radioactive devices). Application of offence
8: Subsection (1)
a: the person, if travelling from, or via, New Zealand, departs from their original location, or reaches their intended ultimate destination:
b: the person has the intention mentioned in subsection (1)(b)
c: the person intends to do wholly or in part in New Zealand, or wholly outside New Zealand, the thing that, if done in New Zealand, would be a specified offence:
d: the person does the thing that, if done wholly in New Zealand, would be a specified offence. Penalty
9: A person who commits an offence against subsection (1) Schedule 4E 1961 No 43 s 311(1); Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Aust) s 57(3) Extraterritorial jurisdiction
17: Section 14 amended (Offences also apply in certain cases outside New Zealand)
1: In section 14(1) sections 7 to 13 and 13B to 13E sections 6A to 13F
2: In section 14(2) sections 7 to 13 sections 6A to 13F
18: Section 15 amended (Offences apply to acts outside New Zealand by New Zealand citizens or on New Zealand aircraft and ships)
In section 15(d)(ii) required or entitled
19: Section 17 amended (Further acts outside New Zealand to which financing of terrorism applies)
1: In the heading to section 17 financing of , or provision of material support for,
2: In section 17
a: after financing of , or provision of material support for,
b: replace done carried out (as defined in sections 4(1) and 5A(1)
20: Section 18 amended (Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited)
1: In section 18 terrorist bombing, financing of terrorism, a nuclear terrorism offence, or a nuclear material offence a specified offence
2: In section 18
2: In this section, a specified offence
a: terrorist bombing; or
b: financing of, or provision of material support for, terrorism; or
c: a nuclear terrorism offence; or
d: a nuclear material offence. Further provisions relating to interim and final designations
21: Section 25 repealed (Carrying out and facilitating terrorist acts)
Repeal section 25
22: Section 28 amended (Further notification of making of designation)
In section 28(2)(b) services support Review, revocation, and expiry of designations
23: Section 34 amended (Revocation of designations)
In section 34(2)(b) services support Duty to report suspicions relating to property
24: Section 43 amended (Suspicions that property owned or controlled by designated terrorist entities to be reported)
1: In section 43(2) financial institution reporting entity
2: In section 43(5) financial institution reporting entity
25: Section 44 amended (Nature of suspicious property report)
1: In section 44(1)(b)
a: a financial institution or by
b: the financial institution or
2: In section 44(1)(d)(ii) the financial institution or reporting entity, as the case may be, the reporting entity
3: In section 44(2) the financial institution or
4: In section 44(4)
a: delete financial institution or
b: after a transaction or a service
c: after the transaction or proposed transaction or service or proposed service
5: Replace section 44(5)
5: In this section, section 47, and Schedule 5,—
a: facility reporting entity suspicious activity report transaction
b: service
26: Section 47 amended (Protection of identity of persons making reports)
In section 47(1)(b)(i) financial institution or Customs’ powers in relation to certain property
27: Section 47A amended (Detention of goods suspected to be terrorist property)
1: In section 47A(1)(a)(ia) ; or ; and
2: Repeal section 47A(1)(a)(ii)
28: Section 47B amended (Return of cash necessary to satisfy essential human needs)
1: In the heading to section 47B essential human needs basic needs
2: In section 47B(1) essential human needs basic needs
29: Section 47C amended (Further provisions about detention under section 47A)
Repeal section 47C(5)(b) Forfeiture
30: Section 57 amended (Further provisions relating to orders under section 55)
In section 57(a)(ii) and (b) section 35(2) or Investigation and prosecution of offences against Act or referred to in Conventions
31: Section 68 amended (Attorney-General to communicate outcome of prosecution)
In section 68 financing of , or provision of material support for, Extradition
32: Section 69 amended (Offences deemed to be included in extradition treaties)
1: In section 69(1) and (3) financing of , or provision of material support for,
2: In section 69(4) relevant date means,
3: Replace section 69(4)(a)
a: in relation to terrorist bombing, 5 December 2002; and
aa: in relation to an offence against section 8(1A) or (2B) Counter-Terrorism Legislation Act 2021
ab: in relation to any other financing of, or provision of material support for, terrorism, 5 December 2002; and Repeal of spent provisions
33: Cross-heading above section 74 amended
In the cross-heading above section 74 and saving and transitional provision
34: Sections 76 to 80 and cross-headings repealed
Repeal sections 76 to 80 sections 76 to 79 Schedules
35: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
36: New Schedules 4D and 4E inserted
After Schedule 4C Schedules 4D and 4E Schedule 2
37: Schedule 5 amended
In Schedule 5 financial institution or
2: Amendments to other Acts
1: Substantive amendments to Search and Surveillance Act 2012
38: Amendments to Search and Surveillance Act 2012
This subpart amends the Search and Surveillance Act 2012 2021-10-05 Search and Surveillance Act 2012
39: Section 15 amended (Entry without warrant to find and avoid loss of evidential material relating to certain offences)
In section 15(a) an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
40: Section 16 amended (Searching people in public place without warrant for evidential material relating to certain offences)
In section 16 an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
41: Section 17 amended (Warrantless entry and search of vehicle for evidential material relating to certain offences)
In section 17 an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
42: Section 48 amended (Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency)
In section 48(2)(a)(i) an offence punishable by a term of imprisonment of 14 years or more or an offence against section 6B(1)
2: Substantive amendments to Terrorism Suppression (Control Orders) Act 2019
43: Amendments to Terrorism Suppression (Control Orders) Act 2019
This subpart amends the Terrorism Suppression (Control Orders) Act 2019 2021-10-05 Terrorism Suppression (Control Orders) Act 2019
44: Section 5 amended (Interpretation)
1: In section 5 relevant person section 6 section 6(1AA)
2: In section 5 determinate sentence of imprisonment
a: suspended pending determination of the appeal; or
b: set aside, and not replaced by a sentence of imprisonment for a fixed term, on the appeal release conditions section 6(5)(b) and (c) relevant offender section 6(5) see section 6(1AA) relevant returner see section 6(1AA) statutory release date section 6(5)(b) and (c) terrorism-related New Zealand offence section 8A
45: Section 6 amended (Meaning of relevant person)
1: Above section 6(1) Definition: relevant returner or relevant offender
1AA: A relevant person
a: a person to whom subsection (1) applies (and who, in this Act, is called, under section 5, a relevant returner); or
b: a person to whom subsection (5) Engagement in terrorism-related activities in foreign country
2: In section 6(1) A relevant person is This subsection applies to
3: After section 6(4) Commission of terrorism-related New Zealand offence punished by determinate sentence of imprisonment
5: This subsection applies to a person who is 18 years old or older and—
a: who, on or after the commencement date of the Counter-Terrorism Legislation Act 2021 see section 8A
b: who was sentenced, on or after that commencement date, for that offence, to a determinate sentence of imprisonment; and
c: whose statutory release date, or whose last day as an offender who is subject to release conditions, for 1 or more sentences of imprisonment that are or include that determinate sentence of imprisonment, is after that commencement date.
46: Section 7 amended (Duty to have regard to specified aspects of evidence relied on)
In section 7(1) section 6 section 6(1)
47: New section 8A inserted (Meaning of terrorism-related New Zealand offence)
After section 8
8A: Meaning of terrorism-related New Zealand offence
A terrorism-related New Zealand offence
a: an offence against the Terrorism Suppression Act 2002 (even if that offence was committed wholly, or partly, outside New Zealand, but is prosecuted in New Zealand under any of sections 15 to 18 of that Act and sections 7, 8, and 8A of the Crimes Act 1961); or
b: an offence—
i: against section 124(1), 127(4), 129(3), or 131A(1) of the Films, Videos, and Publications Classification Act 1993, or section 390 of the Customs and Excise Act 2018; and
ii: that involves a publication that is objectionable (as those terms are defined in sections 2 and 3 of the Films, Videos, and Publications Classification Act 1993) for reasons that are or include the extent and degree to which, and the manner in which, the publication (as provided in section 3(3)(d) of that Act) promotes or encourages acts of terrorism.
48: Section 12 amended (Power to make)
In section 12(1)(a) sections 6, 7, and 8 sections 6(1AA) 8A
49: Section 15 amended (Application for interim control order)
1: In the heading to section 15 Application for interim control order in respect of relevant returner
2: In section 15(1), (1)(a)(i) and (ii), (1)(b), (2)(a), (2)(a)(ii), (2)(b), (2)(b)(i) and (ii), (3), and (5) person returner
50: Section 16 amended (Application for final control order)
1: In the heading to section 16 Application for final control order in respect of relevant returner
2: In section 16(1), (1)(a), (1)(b), (1)(b)(i), (1)(c), (2)(a), and (3) person returner
51: New sections 16A and 16B inserted
After section 16
16A: Application for interim control order in respect of relevant offender
1: The Commissioner may make an application for an interim control order in respect of a relevant offender only if—
a: the application is made—
i: after they become a relevant offender; and
ii: on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)(c)
b: the Commissioner believes on reasonable grounds that it is necessary and appropriate that the interim control order is made as soon as practicable in order to manage the real risks posed by the relevant offender of engagement in terrorism-related activities in a country.
2: The application for the interim control order may be made, and must be heard and determined by the court, without notice to the relevant offender if the Commissioner believes on reasonable grounds that it is necessary and appropriate to make the application, and for it to be heard and determined, without notice in order to manage the real risks posed by the relevant offender of engagement in terrorism-related activities in a country.
3: If the application for the interim control order is made on notice to the relevant offender, the documents to be served must exclude any information supporting the application that is not disclosable supporting information.
4: The application for the interim control order must be—
a: set down for hearing, and heard, as soon as practicable; and
b: determined as soon as practicable.
5: On or after making an interim control order in respect of a relevant offender, the court must consider whether to direct under section 16B(1)(b)
16B: Application for final control order in respect of relevant offender
1: The Commissioner may make an application for a final control order in respect of a relevant offender only if—
a: no interim control order in respect of the relevant offender has been applied for, and the application for the final control order is made—
i: after they become a relevant offender; and
ii: on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)(c)
b: an interim control order in respect of the relevant offender was applied for and made, and the application for the final control order is made—
i: within 3 months after the date on which the interim order was served on the relevant offender; or
ii: within any longer or shorter period the court directs (on its own initiative or on an application for the purpose made) on or after making the interim order and during that 3-month period; or
c: an interim control order in respect of the relevant offender was applied for and declined, and the application for the final control order is made—
i: after they become a relevant offender; and
ii: on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)(c)
iii: because of a material change in circumstances since the interim control order was declined.
2: The application for the final control order must be—
a: made on notice to the relevant offender; and
b: set down for hearing, and heard, as soon as practicable; and
c: determined as soon as practicable.
3: Because the application for the final control order is made on notice to the relevant offender, the documents to be served must exclude any information supporting the application that is not disclosable supporting information.
52: Section 21 amended (Service of control order)
1: Replace section 21(2)(a) and (b)
a: if P is a relevant returner, and if practicable, on P’s arrival in New Zealand; or
b: if P is a relevant returner, and if service on P’s arrival in New Zealand is not practicable, as soon as is reasonably practicable after P’s arrival in New Zealand; but
2: In section 21(3)(a) the same terrorism-related activities in a foreign country or, as the case requires, the same terrorism-related New Zealand offence
3: In section 21(3)(b) later and different terrorism-related activities in a foreign country or, as the case requires, a later and different terrorism-related New Zealand offence
53: Section 25 amended (Duration)
1: In section 25(1)(b) section 16(1)(b) or 16B(1)(b)
2: After section 25(4)
4A: Those 2 years exclude, for a final control order in respect of a relevant offender, any period on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)(c)
3: In section 25(6) terrorism-related activities in a foreign country or terrorism-related New Zealand offence
54: Section 29 amended (Expiry if relevant person sentenced to long-term sentence)
In section 29(2) terrorism-related activities in a foreign country or terrorism-related New Zealand offence
55: Section 38 amended (Review of Act)
In section 38(1), replace this Act comes into force the Counter-Terrorism Legislation Act 2021
56: Schedule 2 amended
In Schedule 2 sections 6, 7, and 8(1) sections 6(1AA), 7, 8, and 8A
3: Consequential amendments related to Part 1
57: Consequential amendments to other enactments
Amend the enactments specified in Schedule 3 2021-10-05 Charities Act 2005 Crimes Act 1961 Criminal Investigations (Bodily Samples) Act 1995 Criminal Procedure Act 2011 Criminal Proceeds (Recovery) Act 2009 Customs and Excise Act 2018 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Immigration Act 2009 Oranga Tamariki Act 1989 Passports Act 1992 Sentencing Act 2002


1: Title
This Act is the Social Security (Subsequent Child Policy Removal) Amendment Act 2021.
2: Commencement
Transitional provisions
1: Section 16 Other provisions
2: The rest of this Act comes into force on 8 November 2021.
1: Substantive and consequential amendments
Amendments to Social Security Act 2018
3: Principal Act
Sections 4 to 10 Social Security Act 2018 2021-11-08 Social Security Act 2018
4: Section 30 amended (What is sole parent requirement)
Replace section 30(1) and (2) A person ( P
a: P is single; or
b: P’s spouse or partner has died; or
c: P’s marriage or civil union has been dissolved; or
d: P is living apart from, and has lost the support of or is being inadequately maintained by, P’s spouse or partner; or
e: P has lost the regular support of P’s spouse or partner because that spouse or partner—
i: is subject to a sentence of imprisonment and is serving the sentence in a prison or is subject to release conditions that prevent that spouse or partner from undertaking employment; or
ii: is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that prevent that spouse or partner from undertaking employment.
5: Section 121 amended (Persons subject to work-preparation obligations)
Repeal section 121(b)
6: Section 183 amended (What this Part does)
Repeal section 183(2)(r)
7: Sections 221 to 224 and cross-heading above section 221 repealed
Repeal sections 221 to 224
8: Section 316 amended (Start and calculation of stand-down period)
In section 316(2)(d) 30(1)(e) 30(e)
9: Schedule 2 amended
In the Schedule 2 222,
10: Schedule 4 amended
1: In Schedule 4, Part 1 30(1)(e) 30(e)
2: In Schedule 4, Part 2 30(1)(b) or (e) 30(b) or (e) Amendments to Social Security Regulations 2018
11: Amendments to Social Security Regulations 2018
Sections 12 to 15 Social Security Regulations 2018 2021-11-08 Social Security Regulations 2018
12: Regulation 72 amended (Guide to Part 3)
In regulation 72(b) 74 75
13: Regulation 74 revoked (Deferral of work-test obligations of person with dependent child under age of 1 year)
Revoke regulation 74
14: Regulation 79 amended (Procedure for deferral of work-test obligations)
1: In regulation 79(2) 74,
2: In regulation 79(3) 74, 75, or 76 75 or 76
15: Regulation 80 amended (MSD may review, and extend, vary, or revoke, deferral of work-test obligations)
In regulation 80(a) 74,
2: Transitional, savings, and related provisions
16: Schedule 1 of Social Security Act 2018 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments. 2021-10-11 Social Security Act 2018


1: Title
This Act is the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021.
2: Commencement
1: The following parts of this Act come into force on the day after Royal assent:
a: Part 3 sections 44(1) and 45
b: section 55(1)
2: The rest of this Act comes into force on a date or dates set by Order in Council.
3: However,—
a: any part of this Act, other than Part 2 subpart 1 of Part 4
b: any part of Part 2 subpart 1 of Part 4
4: An Order in Council made 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.
1: Amendments to Financial Markets Conduct Act 2013 to come into force by first anniversary of Royal assent
3: Principal Act
This Part amends the Financial Markets Conduct Act 2013 2022-10-27 Financial Markets Conduct Act 2013 see s 2(3)(a): any part of Part 1 that has not come into force by the first anniversary of Royal assent comes into force then 2024-10-27 Financial Markets Conduct Act 2013 see s 2(3)(b): any part of Part 2 that has not come into force by the third anniversary of Royal assent comes into force then
4: Section 5 amended (Overview)
After section 5(1)(g)
ga: Part 7A
5: Section 6 amended (Interpretation)
1: In section 6(1) applicable climate standard authoritative notice climate-related disclosure framework section 9AA climate reporting entity section 461O climate statements CRD records subpart 2 Part 7A group climate statements overseas climate reporting entity Part 7A
a: is incorporated outside New Zealand; and
b: is a climate reporting entity under section 461O(1)(b) to (e) see section 461Q(3) and (4) Part 7A climate-related disclosure provision section 461ZK(3) or (4) separate fund 7A
2: In section 6(1) group group
a: in Part 7 and subpart 1 of Part 7A
b: in Part 7A subpart 1
3: In section 6(1) licensed insurer section 238(1)(b) of that Act section 238(1)(b)(i)(A) or (ii) of that Act; and
4: In section 6(1) licensed insurer
c: in Part 7A
5: In section 6(1) subsidiary Part 7 Parts 7 and 7A
6: Section 351 amended (Regulations modifying this Part or Part 7 for licensed markets)
1: In the heading to section 351 7 or 7A
2: Replace section 351(1)(ab)
ab: providing that section 451(1)(d) does not apply in respect of persons that are listed issuers only in respect of a licensed market or class of licensed markets, and providing for replacement or modified requirements to apply relating to—
i: accounting records and financial reporting:
ii: CRD records and climate-related disclosures (for those listed issuers that would otherwise be climate reporting entities under section 461O(1)(a)
7: Section 461C amended (Failure to comply with authoritative notice does not give rise to pecuniary penalty)
Repeal section 461C(3)
8: New Part 7A inserted
After Part 7
7A: Climate-related disclosures for certain FMC reporting entities with higher level of public accountability
1: Overview, application, and interpretation
461N: Overview
1: This Part provides for climate reporting entities to—
a: keep proper records relating to their obligations to make climate-related disclosures; and
b: prepare climate statements; and
c: lodge those statements.
2: This section is only a guide to the general scheme and effect of this Part.
461O: Meaning of climate reporting entity
1: In this Act, a person who is an FMC reporting entity that, under section 461K, is considered to have a higher level of public accountability than other FMC reporting entities is a climate reporting entity
a: a listed issuer that—
i: is a large listed issuer; and
ii: is not an excluded listed issuer:
b: a registered bank that is large:
c: a licensed insurer that is large:
d: a credit union that is large:
e: a building society that is large.
2: In this Act, a manager of a registered scheme (other than a restricted scheme) is a climate reporting entity
a: the manager is a large manager; and
b: section 461K(1)(b) applies to the manager in respect of the scheme.
3: In this section,— excluded listed issuer section 461P large section 461Q large listed issuer section 461P large manager section 461S
461P: Definitions relating to listed issuers
1: For the purposes of this Part, a listed issuer is a large listed issuer
a: the listed issuer,—
i: at any time in the accounting period, has quoted equity securities; and
ii: as at the balance date of each of the 2 preceding accounting periods, has equity securities (whether quoted or unquoted) that have a total value, as implied by the market price or fair value of those equity securities, that exceeds $60 million:
b: the listed issuer,—
i: at any time in the accounting period, has quoted debt securities; and
ii: at any time in the 2 preceding accounting periods, has quoted debt securities with a total face value that exceeds $60 million:
c: the listed issuer is large after amalgamation (within the meaning of section 461R
2: For the purposes of this Part, a listed issuer is an excluded listed issuer
a: any equity securities of the issuer and any debt securities of the issuer that are quoted are quoted only on a growth market; or
b: the issuer has no quoted equity securities and no quoted debt securities.
3: And see section 351(1)(ab) section 461O(1)(a)
4: For the purposes of subsection (1)(a)(ii)
5: In this section, growth market
a: the operator has a licence to operate the market issued under section 316; and
b: either or both of the following apply:
i: the licence is subject to a condition that limits the size of issuers that are eligible to become, or to remain, listed issuers on the financial product market (for example, a limit based on the issuer’s market capitalisation):
ii: the market is otherwise designed for, and clearly targeted at, small- and medium-sized entities.
461Q: Meaning of large (in relation to registered banks, licensed insurers, credit unions, and building societies)
1: For the purposes of this Part, a registered bank, credit union, or building society ( A large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of A and A’s subsidiaries (if any) exceed $1 billion:
b: A is large after amalgamation (within the meaning of section 461R
2: For the purposes of this Part, a licensed insurer is large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of the licensed insurer and its subsidiaries (if any) exceed $1 billion:
b: in each of the 2 preceding accounting periods, the annual gross premium revenue of the licensed insurer and its subsidiaries (if any) exceeds $250 million:
c: the licensed insurer is large after amalgamation (within the meaning of section 461R
3: However, if a registered bank, credit union, building society, or licensed insurer is an overseas company,—
a: subsections (1) and (2)
b: the overseas company is large for the purposes of section 461O(1)(b) to (e) subsection (4)
4: The New Zealand business of an overseas company or its group is large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of the New Zealand business exceed $1 billion:
b: the overseas company is a licensed insurer and, in each of the 2 preceding accounting periods, the annual gross premium revenue of the New Zealand business exceeds $250 million.
5: A financial reporting standard (or a part of a standard) issued by the External Reporting Board that is expressed as applying for the purposes of subsection (4)
6: In this section, overseas company
461R: Meaning of large after amalgamation
1: For the purposes of this Part, a person ( A large after amalgamation
a: A amalgamated with a large entity during the accounting period; or
b: A is a new entity formed on the amalgamation of 2 or more entities during the accounting period, and at least 1 of those entities was a large entity.
2: If A is large after amalgamation under subsection (1) large after amalgamation
3: In this section, large entity
a: a large listed issuer under section 461P(1) section 461P(2)(a) or (b)
b: a registered bank, licensed insurer, credit union, or building society that is large under section 461Q
461S: Meaning of large manager
1: For the purposes of this Part, a manager ( A large manager
a: all schemes for which A is manager; and
b: all schemes for which the manager is an authorised body that provides the service of acting as a manager of a registered scheme under A’s market services licence.
2: If A is a large manager, every manager described in subsection (1)(b) large manager Example
Company A holds a licence that covers acting as a manager of registered schemes. A’s subsidiaries, B and C, also provide this service under A’s licence (as authorised bodies). The assets of the schemes for which A is manager total $700 million on the balance date of each of A’s 2 preceding accounting periods (the relevant balance dates The assets of the schemes managed by B total a further $300 million, and the assets of the schemes managed by C total $200 million, on each of the relevant balance dates. The total assets therefore exceed $1 billion. A is a large manager. B and C are also large managers.
3: Subsections (4) and (5)
a: a manager and a scheme managed by the manager have different balance dates; and
b: the manager becomes, or ceases to be, a large manager.
4: If the manager was not a large manager in respect of an accounting period ( AP1 AP2
a: is not treated as a large manager in respect of the scheme in relation to the accounting period of the scheme that starts in AP1 and ends in AP2 unless paragraph (b)
b: must be treated as a large manager in respect of the scheme in relation to the accounting period of the scheme that starts in AP1 and ends in AP2 if—
i: the manager was not the manager of the scheme at the start of that accounting period of the scheme; and
ii: the manager at the start of that accounting period of the scheme was a climate reporting entity in respect of the scheme.
5: If the manager was a large manager in respect of an accounting period ( AP3 AP4
6: In this section, the total assets
a: as reported in the most recent audited financial statements, prepared in accordance with generally accepted accounting practice, for the scheme; or
b: if there are no such statements, as calculated—
i: for a date as near as possible to the balance date of the manager; and
ii: as if for the purpose of preparing financial statements for the scheme in accordance with generally accepted accounting practice.
7: In this section, scheme
461T: Application if person’s status changes during accounting period
1: If a person ceases to be a climate reporting entity during an accounting period, that person is treated as continuing to be a climate reporting entity in relation to that accounting period for the purposes of this Act and every other enactment.
2: However, subsection (3) A
a: ceased to be a climate reporting entity under section 461O(1)
b: on the balance date, is not a climate reporting entity under section 461O(1) subsection (1)
3: If this subsection applies,—
a: A is not required to ensure the completion of climate statements or group climate statements under any of sections 461Z to 461ZB
b: records required to be kept by A up to the date that A ceased to be a climate reporting entity under section 461O(1) sections 461W to 461Y
4: In any case where a person is, or was, the manager of a registered scheme (and a climate reporting entity under section 461O(2) subsection (1)
a: section 461S(5)
b: section 461ZD
461U: Miscellaneous provision relating to application
Nothing in this Part requires a climate reporting entity to ensure the completion of climate statements or group climate statements and the lodgement of those climate statements in relation to an accounting period that ended before the accounting period in which that person became a climate reporting entity.
2: CRD records
461V: Climate reporting entities must keep proper CRD records
1: Every climate reporting entity under section 461O(1)
2: Every manager that is a climate reporting entity in respect of a registered scheme must ensure that there are kept at all times records that will enable the manager to ensure that the climate statements relating to the registered scheme comply with the climate-related disclosure framework.
3: Every climate reporting entity must establish and maintain a satisfactory system of control of the records that it is required to keep under this section.
4: In this section,— climate statements of the climate reporting entity sections 461Z to 461ZB climate statements relating to the registered scheme section 461ZC
461W: Manner in which CRD records to be kept
1: Every climate reporting entity must keep the CRD records in the prescribed manner (if any).
2: A climate reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: The offence in this section is an infringement offence ( see
461X: Period for which CRD records to be kept
CRD records, or copies of them, must be retained by the climate reporting entity for a period of at least 7 years after the date the records are made.
461Y: Inspection of CRD records
1: Every climate reporting entity must make the CRD records available, in the prescribed manner at all reasonable times for inspection without charge, to—
a: the directors of the climate reporting entity; and
b: any supervisor (if the climate reporting entity is an issuer of debt securities or the manager of a registered scheme); and
c: the FMA; and
d: any other persons authorised or permitted by an enactment to inspect the CRD records of the climate reporting entity or scheme.
2: A climate reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: The offence in this section is an infringement offence ( see
3: Preparation of climate statements
Climate statements of climate reporting entities
461Z: Climate statements must be prepared
1: Every climate reporting entity must ensure that, within 4 months after the balance date of the entity, climate statements that comply with the climate-related disclosure framework are—
a: completed in relation to the entity and that balance date; and
b: dated and signed on behalf of the entity by 2 directors of the entity or, if the entity has only 1 director, by that director.
2: However, subsection (1)
a: a climate reporting entity that, on the balance date referred to in subsection (1)
b: an overseas climate reporting entity, unless it is a climate reporting entity under section 461O(1)(a)
c: a person that is a climate reporting entity only under section 461O(2) Example
A company (incorporated in New Zealand and with no subsidiaries) is a large manager of 2 registered schemes. The company is also a large registered bank, so subsection (2)(c) Subsection (1) see section 461ZC
461ZA: Group climate statements must be prepared
1: Subsection (2)
2: The climate reporting entity must ensure that, within 4 months after that balance date, group climate statements that comply with the climate-related disclosure framework are—
a: completed in relation to the group and that balance date; and
b: dated and signed on behalf of the entity by 2 directors of the entity or, if the entity has only 1 director, by that director.
3: However, subsection (2)
a: an overseas climate reporting entity, unless it is a climate reporting entity under section 461O(1)(a)
b: a person that is a climate reporting entity only under section 461O(2)
461ZB: Climate statements for overseas climate reporting entities
1: This section applies to every overseas climate reporting entity, unless it is a climate reporting entity under section 461O(1)(a)
2: The climate reporting entity must ensure that, within 4 months after the balance date of the entity, climate statements that comply with the climate-related disclosure framework are—
a: prepared for its New Zealand business as if that business were conducted by a company formed and registered in New Zealand; and
b: dated and signed on behalf of the entity by 2 directors of the entity or, if the entity has only 1 director, by that director.
3: However, if the climate reporting entity has, on that balance date, 1 or more subsidiaries, subsection (2)
a: prepared for the group’s New Zealand business as if the members of the group were companies formed and registered in New Zealand; and
b: dated and signed on behalf of the entity by 2 directors of the entity or, if the entity has only 1 director, by that director.
4: Subsection (3) Climate statements relating to registered schemes
461ZC: Climate statements for separate funds of registered schemes, etc
1: This section applies to every manager of a registered scheme that is a climate reporting entity in respect of the scheme.
2: The manager must ensure that, within 4 months after the balance date of the scheme, climate statements that comply with the climate-related disclosure framework are—
a: completed in relation to each separate fund of the scheme and that balance date; and
b: if any liabilities of the manager and the scheme are not limited to a separate fund, completed in relation to the scheme and that balance date; and
c: dated and signed on behalf of the manager by 2 directors of the manager or, if the manager has only 1 director, by that director.
3: However, if the manager was not the manager of the scheme at the start of the scheme’s accounting period, subsection (2)
461ZD: Application if manager of registered scheme changes and new manager is not large manager
1: This section applies if—
a: the manager of a registered scheme changes during an accounting period of the scheme; and
b: the person who was the manager of the scheme at the start of the accounting period (the old manager
c: the person who is the manager of the scheme at the end of the accounting period (the new manager section 461S
2: If this section applies, the new manager is not required to ensure the completion of climate statements under section 461ZC(2)
3: Records kept by the old manager up to the date that the old manager ceased to hold office as manager of the scheme are CRD records for the purposes of sections 461W to 461Y Miscellaneous
461ZE: Climate statements may be combined in single document
Nothing in this Part prevents any of the following from being combined in a single document:
a: climate statements and group climate statements that are required to be prepared under any of sections 461Z to 461ZB
b: climate statements that are required to be prepared under section 461ZC
461ZF: Failure to comply with authoritative notice does not give rise to pecuniary penalty
1: This section applies if climate statements or group climate statements referred to in this subpart fail to comply with the climate-related disclosure framework as a result of a failure to comply with an authoritative notice.
2: A pecuniary penalty order may not be made under section 489 in relation to the failure to comply with the authoritative notice. s 461C Offences
461ZG: Offence to knowingly fail to comply with climate standards
1: A climate reporting entity and every director of the entity commit an offence if—
a: any of the following fail to comply with an applicable climate standard:
i: the climate statements of the entity prepared under section 461Z
ii: group climate statements in relation to a group comprising the entity and its subsidiaries prepared under section 461ZA
iii: the climate statements or group climate statements prepared by the entity under section 461ZB
iv: in the case of a manager of a registered scheme, the climate statements for any separate fund or for the scheme prepared under section 461ZC
b: the entity or the director (as the case may be) knows that the climate statements or group climate statements fail to so comply when those statements are lodged.
2: A person who commits an offence under subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years, a fine not exceeding $500,000, or both; and
b: in any other case, to a fine not exceeding $2.5 million. s 461I
4: Assurance engagements
461ZH: No requirement for assurance of climate statements on commencement of Part
1: A climate reporting entity is not required to obtain an assurance engagement in relation to the climate statements or group climate statements that are required to be prepared under any of sections 461Z to 461ZC
2: See Part 2
5: Lodgement of climate statements
461ZI: Lodgement of climate statements
1: Every climate reporting entity that is required to prepare climate statements or group climate statements under any of sections 461Z to 461ZB
2: Every manager that is a climate reporting entity in respect of a registered scheme must ensure that, within 4 months after the balance date of the scheme, copies of the climate statements that are required to be prepared under section 461ZC
3: A climate reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
4: The offence in this section is an infringement offence ( see
461ZJ: Information about climate statements of climate reporting entities to be made available in annual report
1: This section applies to every climate reporting entity that is required to prepare—
a: climate statements or group climate statements under any of sections 461Z to 461ZB
b: an annual report under the Companies Act 1993 or any other enactment.
2: The climate reporting entity must include, in its annual report for the period ending on the balance date,—
a: a statement that the entity is a climate reporting entity for the purposes of this Act; and
b: a copy of the climate statements or group climate statements prepared by the entity under any of sections 461Z to 461ZB
3: A climate reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
4: The offence in this section is an infringement offence ( see
5: In this section, annual report
6: Civil liability for certain contraventions of this Part
461ZK: Part 7A climate-related disclosure provisions
1: All of the provisions specified in subsections (3) and (4) Part 7A
2: A contravention of any of the provisions listed in subsection (3) see
3: For the purposes of subsection (2)
a: section 461V
b: sections 461Z to 461ZC
c: section 461ZI
4: A contravention of section 461X see
9: Section 462 amended (When FMA may make stop orders)
In section 462(1)(ga) 7 or 7A
10: Section 468 amended (When FMA may make direction orders)
After section 468(1)(f)
fa: a Part 7A
11: Section 470 amended (FMA may order that simplified disclosure PDS may not be used)
After section 470(1)(b)
ba: any provision under Part 7A
12: Section 474 amended (FMA may order that exclusion for offers of products of same class as quoted products does not apply)
After section 474(1)(b)
ba: any provision under Part 7A
13: Section 485 amended (What are civil liability provisions)
After section 485(g)
ga: a Part 7A
14: Section 489 amended (When court may make pecuniary penalty orders)
In section 489(3)(b) or 461C , 461C, or 461ZF
15: Section 490 amended (Maximum amount of pecuniary penalty)
After section 490(2)(f)
fa: a Part 7A section 461X
16: Section 501 amended (Additional disclosure or financial reporting defence for directors who are treated as contravening)
1: In the heading to section 501 reporting or climate-related disclosure
2: In section 501(1)(a) and 461H 461H, 461Z to 461ZC, and 461ZI
17: Section 534 amended (Directors treated as having contravened in case of defective disclosure or financial reporting contravention)
1: In the heading to section 534 or financial reporting contravention , financial reporting contravention, or climate-related disclosure contravention
2: After section 534(1)(ca)
cb: a climate reporting entity has contravened any of sections 461Z to 461ZC 461ZI
3: In section 534(3)
a: after FMC reporting entity, climate reporting entity,
b: after (ca), (cb),
4: In section 534(5) FMC reporting entity, climate reporting entity,
18: Section 554 amended (Regulations or exemptions may require compliance with generally accepted accounting practice, standards, or FMA frameworks or methodologies)
1: In the heading to section 554 or FMA frameworks or methodologies frameworks, or FMA methodologies
2: After section 554(1)(b)
baaa: the climate-related disclosure framework, either generally or in specified circumstances:
ba: a climate standard:
3: In section 554(2) a financial reporting standard, the climate-related disclosure framework, a climate standard,
4: In section 554(3) climate standard
19: Section 556 amended (FMA may grant exemptions)
In section 556(1)(a) 7 7A
20: Section 561A amended (Financial reporting exemptions)
1: Replace the heading to section 561A Financial reporting and climate-related disclosure exemptions
2: After section 561A(1)
1A: An exemption granted under this subpart in relation to any provision of Part 7A
3: In section 561A(2) 7 or 7A
21: Schedule 4 amended
1: In Schedule 4, clause 1(1)
g: Part 7 Part 1
2: In Schedule 4
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
2: Amendments to Financial Markets Conduct Act 2013 to come into force by third anniversary of Royal assent
22: Section 6 amended (Interpretation)
In section 6(1) assurance practitioner Part 7A
23: Section 461N amended (Overview)
After section 461N(1)(b)
ba: to the extent that those statements are required to disclose greenhouse gas emissions, obtain an assurance engagement in relation to those statements; and
24: Section 461V amended (Climate reporting entities must keep proper CRD records)
Replace section 461V(1) and (2)
1: Every climate reporting entity under section 461O(1)
a: the climate reporting entity to ensure that the climate statements of the climate reporting entity comply with the climate-related disclosure framework; and
b: the assurance engagement required by section 461ZH
2: Every manager that is a climate reporting entity in respect of a registered scheme must ensure that there are kept at all times records that will enable—
a: the manager to ensure that the climate statements relating to the registered scheme comply with the climate-related disclosure framework; and
b: the assurance engagement required by section 461ZH
25: Section 461ZH replaced (No requirement for assurance of climate statements on commencement of Part)
Replace section 461ZH
461ZH: Assurance engagement required for parts of climate statements relating to greenhouse gas emissions
1: Every climate reporting entity must ensure that the climate statements or group climate statements that are required to be prepared under any of sections 461Z to 461ZC
2: None of the following persons may carry out the assurance engagement:
a: a director, an officer, or an employee of the climate reporting entity:
b: a person who is in partnership with, or in the employment of, a person specified in paragraph (a)
c: a liquidator or a person who is a receiver in respect of the property of the climate reporting entity:
d: a person who, by virtue of paragraphs (a) to (c)
3: In the case of a climate reporting entity that is a public entity under the Public Audit Act 2001, the only person who may carry out the assurance engagement is the Auditor-General or any other person who may act as the CRD assurance practitioner under that Act in respect of the assurance engagement.
461ZHA: Assurance engagement must be carried out in accordance with auditing and assurance standards
An assurance practitioner must, in carrying out an assurance engagement under this Part, comply with all applicable auditing and assurance standards.
461ZHB: Assurance practitioner’s report
1: The assurance practitioner’s report on the climate statements or group climate statements prepared by an entity under any of sections 461Z to 461ZC
2: If the assurance practitioner’s report indicates that the requirements of this Part have not been complied with, the assurance practitioner must, within 20 working days after signing the report, send a copy of the report, and a copy of the climate statements or group climate statements to which it relates, to—
a: the FMA; and
b: the External Reporting Board; and
c: in the case of a climate reporting entity that is an issuer of debt securities or a manager of a registered scheme, the supervisor.
3: An assurance practitioner who contravenes subsection (2)
461ZHC: Assurance engagement may cover other parts of climate statements
1: Section 461ZH
2: If an assurance engagement does cover the whole, or other parts, of the statements,—
a: the assurance practitioner’s report must separately identify the matters that are required to be the subject of the assurance engagement under section 461ZH
b: this subpart applies, with any necessary modifications, in relation to the whole of the assurance engagement.
3: In this section, other parts section 461ZH Assurance practitioner access to information
461ZHD: Climate reporting entity must give assurance practitioner access to information
1: Every climate reporting entity must ensure that an assurance practitioner appointed for an assurance engagement under this Part has access, at all times, to—
a: the CRD records of the climate reporting entity or scheme; and
b: any other documents of the climate reporting entity or scheme that are relevant to the assurance engagement.
2: If a climate reporting entity contravenes subsection (1)
3: In any proceeding against a director for a contravention of subsection (1)
a: the climate reporting entity took all reasonable steps to ensure that subsection would be complied with; or
b: the director took all reasonable steps to ensure that the climate reporting entity complied with that subsection; or
c: in the circumstances, the director could not reasonably have been expected to take steps to ensure that the climate reporting entity complied with that subsection. 2013 No 101 s 38
461ZHE: Assurance practitioner may require information and explanations from director or employee
1: An assurance practitioner appointed for an assurance engagement under this Part is entitled to require from a director or an employee of the climate reporting entity the information and explanations that the assurance practitioner thinks necessary for the performance of their duties as assurance practitioner.
2: A director or an employee who fails to comply with a requirement to provide information or an explanation under subsection (1)
3: In any proceeding against an employee for failing to comply with a requirement to provide information or an explanation under subsection (1)
a: the employee did not have the information required in their possession or under their control; or
b: by reason of the position occupied by the employee or the duties assigned to them, they were unable to give the explanations required. 2013 No 101 s 39
26: Section 461ZI amended (Lodgement of climate statements)
Replace section 461ZI(1) and (2)
1: Every climate reporting entity that is required to prepare climate statements or group climate statements under any of sections 461Z to 461ZB
a: the climate statements or group climate statements that are required to be prepared; and
b: the assurance practitioner’s report on those statements.
2: Every manager that is a climate reporting entity in respect of a registered scheme must ensure that, within 4 months after the balance date of the scheme, copies of the following are delivered to the Registrar for lodgement:
a: the climate statements that are required to be prepared under section 461ZC
b: the assurance practitioner’s report on those statements.
27: Section 461ZJ amended (Information about climate statements of climate reporting entities to be made available in annual report)
Replace section 461ZJ(2)(b)
b: either—
i: a copy of the climate statements or group climate statements prepared by the entity under any of sections 461Z to 461ZB
ii: the address of (or a link to) the Internet site where a copy of those statements, together with the assurance practitioner’s report on those statements, can be accessed.
28: Section 461ZK amended (Part 7A climate-related disclosure provisions)
After section 461ZK(3)(b)
ba: section 461ZH
29: Section 501 amended (Additional disclosure or financial reporting defence for directors who are treated as contravening)
In section 501(1)(a) 461ZC, 461ZH,
30: Section 534 amended (Directors treated as having contravened in case of defective disclosure, financial reporting contravention, or climate-related disclosure contravention)
In section 534(1)(cb) 461ZC , 461ZH,
31: Schedule 4 amended
1: In Schedule 4, clause 1(1)
h: Part 8 Part 2
2: In Schedule 4, clause 1(1)
3: In Schedule 4
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.
3: Amendments to Financial Reporting Act 2013
32: Principal Act
This Part amends the Financial Reporting Act 2013 2021-10-28 Financial Reporting Act 2013 see s 2(1)(a): Part 3 (except ss 44(1) and 45) come into force on the day after Royal assent 2022-10-27 Financial Reporting Act 2013 see s 2(2) & (3)(a): if not brought into force earlier, ss 44(1) and 45 come into force on the first anniversary of Royal assent
33: Section 3 amended (Purpose)
1: In section 3(b) financial reporting standards , climate standards,
2: After section 3(c)
d: provide for standard provisions relating to climate-related disclosure duties under the Financial Markets Conduct Act 2013.
34: Section 4 amended (Overview of financial reporting duties)
1: In the heading to section 4 reporting and other
2: After section 4(2)
2A: This Act also provides for various matters relating to climate-related disclosure duties under the Financial Markets Conduct Act 2013, including—
a: defining key concepts (for example, climate-related disclosure framework, climate statements, and group climate statements); and
b: providing for the Board to prepare and issue climate standards.
3: In section 4(3) duties , and of this Act in relation to climate-related disclosure duties
35: Section 5 amended (Interpretation)
1: In section 5(1) applicable auditing and assurance standard applicable auditing and assurance standard
2: In section 5(1) applicable climate standard climate-related disclosure framework section 9AA climate reporting entity section 461O climate standard climate statements group climate statements
3: In section 5(1) reporting entity reporting entity
a: means an entity whose financial statements, group financial statements, reports, or other information is required by any enactment to comply, or be prepared in accordance, with generally accepted accounting practice or non-GAAP standards; or
b: means an entity whose climate statements, group climate statements, reports, or other information is required by any enactment to comply, or be prepared in accordance, with the climate-related disclosure framework
4: In section 5(1) standard
aa: a climate standard; or
36: New section 9AA inserted (Meaning of climate-related disclosure framework)
After section 9
9AA: Meaning of climate-related disclosure framework
In this Act, climate statements, group climate statements, a report, or other information complies with the climate-related disclosure framework
a: applicable climate standards; and
b: in relation to matters for which no provision is made in applicable climate standards, an authoritative notice.
37: Section 12 amended (Functions of Board)
1: After section 12(a)
aa: to prepare and, if it thinks fit, issue climate standards for the purposes of any enactment that requires climate statements or group climate statements, or a statement, report, or other information to comply, or be prepared in accordance, with the climate-related disclosure framework:
2: Replace section 12(c)
c: to prepare and, if it thinks fit, issue authoritative notices for the purposes of—
i: the definition of generally accepted accounting practice; or
ii: the definition of climate-related disclosure framework:
38: Section 14 amended (Membership of Board)
In section 14(2) or law law, or sustainable development
39: Subpart 2 heading in Part 2 replaced
In Part 2, replace the subpart 2
2: Standards
40: New sections 19A to 19C and cross-heading inserted
After section 19
19A: Guidance for purposes of non-financial reporting
1: The Board may issue non-binding guidance that relates to non-financial reporting on 1 or more of the matters in section 17(2)(a)(i) to (iv).
2: The purpose of the guidance is to facilitate best practice reporting on those matters.
3: The guidance—
a: must not be inconsistent with any financial reporting standard or authoritative notice; and
b: must state that it is non-binding.
4: Subsection (1)
a: applies regardless of whether an Order in Council is made under section 17(2):
b: does not limit the general powers of the Board. Climate standards
19B: Purpose of climate standards and climate-related disclosures
The purpose of climate standards is to provide for, or promote, climate-related disclosures, in order to—
a: encourage entities to routinely consider the short-, medium-, and long-term risks and opportunities that climate change presents for the activities of the entity or the entity’s group; and
b: enable entities to show how they are considering those risks and opportunities; and
c: enable investors and other stakeholders to assess the merits of how entities are considering those risks and opportunities.
19C: Climate standards
1: Climate standards may—
a: have general or specific application:
b: differ according to differences in time or circumstance.
2: A climate standard may be expressed to apply to all reporting entities or groups or to specified classes of reporting entities or groups.
3: A climate standard may specify the accounting periods or interim accounting periods in relation to which the standard applies.
41: Section 27 amended (When standards and authoritative notices take effect)
In section 27(2)(a) accounting, climate-related,
42: Section 44 amended (Purpose)
Repeal section 44(b)
43: New subpart 6 heading in Part 2 inserted
In Part 2, after section 47
6: Monetary amounts adjusted for inflation
44: Section 48 amended (Minister must regularly review amounts to take into account inflation)
1: In section 48(1)(a) and section 64(2) of the Friendly Societies and Credit Unions Act 1982 section 64(2) of the Friendly Societies and Credit Unions Act 1982, and sections 461Q and 461S of the Financial Markets Conduct Act 2013
2: In section 48(3) 8 6
45: Section 49 amended (Order may amend amounts)
After section 49(h)
i: amending the amounts specified in sections 461Q and 461S
j: amending the amounts in the example in section 461S
46: Section 51 amended (Levies)
After section 51(3)(f)
fa: climate reporting entities; and
47: Schedule amended
1: In the Schedule
1: Provisions relating to Financial Reporting Amendment Act 2014
2: In the Schedule
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.
4: Amendments to other Acts
1: Public Audit Act 2001
48: Principal Act
This subpart amends the Public Audit Act 2001 2024-10-27 Public Audit Act 2001 see s 2(3)(b): any part of subpart 1 of Part 4 that has not come into force by the third anniversary of Royal assent comes into force then
49: Section 4 amended (Interpretation)
1: In section 4 appointed CRD assurance practitioner section 34A section 15B climate reporting entity section 461O
2: In section 4 Auditor-General appointed auditor or appointed CRD assurance practitioner
50: New section 15B inserted (CRD assurance practitioner for public entities)
After section 15A
15B: CRD assurance practitioner for public entities
1: The Auditor-General is, and must from time to time act as, the CRD assurance practitioner for an assurance engagement required for the purposes of Part 7A
2: In carrying out an assurance engagement under subsection (1)
51: New section 34A inserted (Appointment of CRD assurance practitioners)
After section 34
34A: Appointment of CRD assurance practitioners
1: The Auditor-General may from time to time appoint any of the following to act as a CRD assurance practitioner and to carry out, under section 15B Part 7A
a: an employee of the Auditor-General:
b: a person who, under section 461ZH(2)
2: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit.
3: The Auditor-General may authorise an appointed CRD assurance practitioner to exercise such of the powers listed in section 34 in relation to the public entity concerned as the Auditor-General specifies in the appointment.
52: Section 35 amended (Delegation of powers)
After section 35(2)(a)
aa: the power of appointment of CRD assurance practitioners under section 34A
53: Section 41 amended (Protection from liability)
In section 41(1)(c) or not or an appointed CRD assurance practitioner or neither
54: Section 42 amended (Audit fees)
1: In section 42(1) 15, 15B,
2: In section 42(3) auditor or an appointed CRD assurance practitioner
3: Replace section 42(4)
4: The public entity must pay any fees to the Auditor-General, or to the appointed auditor or the appointed CRD assurance practitioner, on the completion of the whole or any part of the audit or assurance engagement when requested in writing to do so.
2: Related and consequential amendments
55: Related and consequential amendments
1: Amend the Act specified in Part 1
2: Amend the Acts specified in Part 2 2021-10-28 Climate Change Response Act 2002 see s 55(1): in force on day after Royal assent 2022-10-27 Companies Act 1993 Financial Markets Authority Act 2011 Insurance (Prudential Supervision) Act 2010 see s 55(2): in force by first anniversary of Royal assent


1: Title
This Act is the Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council.
2: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 January 2022 clause 2 Regional Comprehensive Economic Partnership (RCEP) Legislation Act Commencement Order 2021
1: Amendments to Customs and Excise Act 2018
3: Amendments to Customs and Excise Act 2018
This Part amends the Customs and Excise Act 2018 OIC SL 2021/403 2022-01-01 Customs and Excise Act 2018 See section 2(1).
4: Section 435 amended (Certificates of origin)
1: After section 435(6)(b)
c: the Regional Comprehensive Economic Partnership done at Hanoi, Vietnam, on 15 November 2020 (the RCEP
2: After section 435(7)(b)
c: in relation to the RCEP, a specified RCEP party ( see subsection (8)
3: Replace section 435(8)
8: For the purposes of this section, the Governor-General may, by Order in Council, declare—
a: a country that is a party to AANZFTA to be a specified AANZFTA party:
b: a country that is a party to the RCEP to be a specified RCEP party.
2: Amendments to Tariff Act 1988
5: Amendments to Tariff Act 1988
This Part amends the Tariff Act 1988 OIC SL 2021/403 2022-01-01 Tariff Act 1988 See section 2(1).
6: Section 2 amended (Interpretation)
In section 2(1) RCEP specified RCEP party section 7A(1)(bc)
7: Section 7A amended (Order in Council about preferential countries)
1: After section 7A(1)(bb)
bc: declare a country that is a party to the RCEP to be a specified RCEP party for the purposes of this Act:
2: In section 7A(3) specified TPA party, a specified RCEP party,
8: Section 15A amended (Interpretation)
In section 15A free trade agreement
h: the RCEP
9: Section 15H amended (Provisional transitional safeguard measure)
In section 15H(1)(b)(ii) or the Republic of Korea FTA, the Republic of Korea FTA, or the RCEP,
3: Amendments to Tariff
10: Tariff amended
This Part, in accordance with section 9F(1)
11: Tariff, note 2 amended
In the notes to the Tariff, note 2, penultimate paragraph, after PPP, RCEP,
12: Tariff, note 3 amended
In the notes to the Tariff, note 3, after the item relating to a country that is a specified PACER Plus party, insert: Country that is a specified RCEP party RCEP


1: Title
This Act is the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2021.
2: Commencement
1: Sections 4 6 7 8 10 12
a: a date appointed by the Governor-General by Order in Council; and
b: the expiry of the 24-month period that starts on the date of Royal assent.
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: An Order in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
3: Principal Act
This Act amends the Mental Health (Compulsory Assessment and Treatment) Act 1992 principal Act 2021-10-30 Mental Health (Compulsory Assessment and Treatment) Act 1992 All of Act except ss 4, 6, 7, 8, 10, 12 (see s 2(2)). 2023-10-29 Mental Health (Compulsory Assessment and Treatment) Act 1992 s 2(1): ss 4, 6, 7, 8, 10, and 12 come into force on the earlier of a date appointed by OIC or the expiry of the 24–month period that starts on the date of Royal assent. Royal assent is 2021/10/29.
1: Main amendments
4: New section 2C inserted (Transitional, savings, and related provisions)
After section 2B
2C: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 9 amended (Assessment examination to be arranged and conducted)
After section 9(2)
2A: For the purposes of subsection (2)(d), a family member or caregiver of, or other person concerned with the welfare of, the proposed patient, may be present by audio or visual link if the Director of Area Mental Health Services or a duly authorised officer is satisfied that their physical presence is not reasonably practicable.
2B: In this section, audio or visual link
a: the person giving the explanation; and
b: the proposed patient.
6: Section 33 amended (Compulsory treatment order to expire after 6 months)
In section 33 section 34 sections 34 and 34A
7: Section 34 amended (Court may extend order)
1: Replace section 34(1)
1: Within 14 days before the date on which a compulsory treatment order is to expire under section 33, the responsible clinician must cause the case to be reviewed under section 76.
2: In section 34(3) modifications , subject to sections 34C and 34D
3: Repeal section 34(4)
8: New sections 34A to 34D inserted
After section 34
34A: Court may further extend order for 12-month period
1: If a compulsory treatment order has been extended by application under section 34(2) or under subsection (2)
2: If, following that review, the responsible clinician is satisfied that the patient is not fit to be released from compulsory status, that clinician may apply to the court for an extension of the currency of the order for a period of 12 months commencing with the day after the date on which the order would otherwise have expired.
34B: Determination of application under section 34A
1: The court must treat an application under section 34A
2: Sections 15 and 17 to 33 apply with any necessary modifications, subject to subsection (3) sections 34C and 34D
3: Unless the court determines an application in accordance with section 26 or 34D section 34A
a: examine the patient; and
b: hear and determine the application.
4: If, at the time immediately before the expiry of the relevant extended compulsory treatment order, the court has not determined an application under section 34A
34C: Examination and hearing of application for extension of community treatment order by audiovisual link
1: This section applies to an application under section 34 or 34A
2: A District Court Judge may use an audiovisual link to examine a patient for the purposes of the application if the patient consents to the use of the audiovisual link.
3: A District Court Judge may determine that all or any participants may appear at a hearing by audiovisual link if the patient consents to the use of the audiovisual link.
4: The District Court Judge must take into account the following criteria when making a determination under subsection (3)
a: the potential impact of the use of the technology on the effective maintenance of the rights of the person under section 20, including the right to assess the credibility of witnesses and the reliability of evidence presented to the court:
b: any other relevant matters.
5: In this section,— audiovisual link
a: in relation to an examination of a patient, with the patient:
b: in relation to a hearing, between all participants participant
a: a party:
b: the patient:
c: counsel:
d: a witness:
e: the presiding District Court Judge.
34D: Court may dispense with examination and hearing
1: The court may determine an application under section 34 or 34A
a: the patient has given consent in accordance with subsection (2)
b: no person wishes to be heard in respect of the application; and
c: it is appropriate to do so in the circumstances.
2: The consent of the patient must be—
a: given on the advice of a solicitor; and
b: provided in writing to the court and the Director of Area Mental Health Services.
3: In this section, solicitor
9: New section 53A inserted (Transport of special patients)
After section 53
53A: Transport of special patients
1: A special patient custodian may agree in writing that a government agency transport special patients for the purposes of this Part and for either of the following purposes:
a: to bring the patient before a court for a hearing or trial:
b: to bring the patient before the New Zealand Parole Board for a hearing under the Parole Act 2002.
2: The agreement must include a transport management plan that has been approved in writing by the Director of Mental Health.
3: A transport management plan may authorise—
a: the restraint of a transported special patient that is the least restrictive option for both the safety of the patient and the public; and
b: any other use of force in respect of the patient that is reasonably necessary in the circumstances.
4: If the transport management plan authorises the restraint of a transported special patient or other use of force in respect of the patient,—
a: the plan must—
i: set out the grounds that satisfy the requirements in subsection (3)(a) and (b)
ii: state the type of restraint and any other use of force that is authorised; and
iii: state any additional type of restraint or use of force that is authorised in the event of escalation of risk to any person during transport and that satisfies the requirements in subsection (3)(a) and (b)
b: a person employed or engaged by the government agency may restrain a special patient and use force in respect of the patient in accordance with the approved transport management plan.
5: The Director-General of Health must issue guidelines under section 130(a) for the purposes of this section within 12 months of the date on which this section comes into force.
6: In this section,— government agency special patient custodian transport transported
10: Section 92 amended (Directors of Area Mental Health Services)
Replace section 92(4)(a)
a: prepare a written report for the previous 3 months on—
i: the exercise or performance of their powers, duties, and functions under this Act; and
ii: the number of consents provided under section 34D(2)(b)
11: Section 122B amended (Use of force)
After section 122B(2)
2A: A person permitted to restrain a transported special patient or use any other force under section 53A
12: New Schedule 1AA inserted
Insert the Schedule 1AA set out in the Schedule
2: Amendments relating to COVID-19
13: Section 2 amended (Interpretation)
In section 2(1) mental health practitioner
a: a medical practitioner; or
b: a nurse practitioner; or
c: a registered nurse practising in mental health registered nurse practising in mental health
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of the presence of mental disorder as defined under this Act; and
b: holds a current practising certificate
14: Section 2A amended (Meaning of proposed patient)
In section 2A(b) health practitioner mental health practitioner
15: Section 6A amended (Use of audiovisual links permitted during COVID-19 response)
1: In the heading to section 6A permitted during COVID-19 response
2: Replace section 6A(1)(a)
a: a clinician, mental health practitioner, or psychiatrist (a practitioner
3: Replace section 6A(2)
2: The practitioner may use an audiovisual link to access the person to exercise a power under this Act if the practitioner considers—
a: that it is not practicable for the person to be physically present; and
b: the use of an audiovisual link is appropriate in the circumstances.
2A: The practitioner must apply any relevant guidelines and standards of care and treatment issued by the Director-General of Health under section 130 when deciding whether—
a: it is not practicable for the person to be physically present; and
b: the use of an audiovisual link is appropriate in the circumstances.
2B: If an audiovisual link is used to access the person under subsection (2)
a: record in writing the reason that—
i: it was not practicable for the person to be physically present; and
ii: the use of an audiovisual link was appropriate in the circumstances; and
b: provide the record to the relevant Director of Area Mental Health Services as soon as practicable after the use of the link.
16: Section 7A amended (Practitioner or responsible clinician to consult)
In section 7A(1)(a) health practitioner mental health practitioner
17: Section 8B amended (Certificate to accompany application for assessment)
1: In section 8B(1) to (5) health practitioner mental health practitioner
2: Repeal section 8B(6)
18: Section 9 amended (Assessment examination to be arranged and conducted)
1: In section 9(1) health practitioner mental health practitioner
2: In section 9(1) the Director of Area Mental Health Services must make the Director of Area Mental Health Services or duly authorised officer must make
19: Section 10 amended (Certificate of preliminary assessment)
In section 10(1) to (4) health practitioner mental health practitioner
20: Section 11 amended (Further assessment and treatment for 5 days)
In section 11(1) and (2) health practitioner mental health practitioner
21: Section 38 amended (Assistance when person may need assessment)
1: In section 38(2)(b), (3), and (4) a medical examination an examination
2: In section 38(3) to (6) medical practitioner mental health practitioner
22: Section 41 amended (Police assistance)
1: In section 41(3)(b) and (4)(b)(ii) medical examination examination
2: In section 41(4)(a) a medical examination an examination
23: Section 42 amended (Notice of admission)
In section 42(2)(c) medical certificate assessment certificate
24: Section 45 amended (Application for assessment may be made in respect of persons detained in prisons)
In section 45(4)(d) medical practitioner mental health practitioner
25: Section 96 amended (Visitations by district inspectors and official visitors)
In section 96(4) and (5) health practitioner mental health practitioner
26: Section 109 amended (Police powers in relation to person appearing to be mentally disordered in public place)
In section 109(1)(b), (2), (3), (3A), and (4)(b) medical practitioner mental health practitioner
27: Section 110 amended (Powers of medical practitioner when urgent examination required)
1: In the heading to section 110 medical practitioner mental health practitioner
2: In section 110(1) to (4) medical practitioner mental health practitioner
3: In section 110(1)(a) and (4) a medical examination an examination
28: Section 110B amended (Powers of medical practitioner when urgent assessment required)
1: In the heading to section 110B medical practitioner mental health practitioner
2: In section 110B(1) to (4) medical practitioner mental health practitioner
29: Section 110C amended (Powers of Police when urgent assistance required)
1: In section 110C(1) and (2) medical practitioner mental health practitioner
2: In section 110C(3)(a) medical examination examination
30: Section 111 amended (Powers of nurse where urgent assessment required)
In section 111(1) to (3) medical practitioner mental health practitioner
31: Section 127 amended (Transfer of patients)
In section 127(8) medical certificates assessment certificates
32: Section 134 amended (Fees of medical practitioners)
1: In the heading to section 134 medical practitioners mental health practitioners
2: In section 134(1), (2), and (5) medical practitioner mental health practitioner
33: Schedule 1 amended
1: In Schedule 1, heading to clause 3A during COVID-19 response
2: In Schedule 1, replace clause 8(2)(b)(i)
i: members of the legal profession or health professions:
34: Temporary COVID-19 response provisions repealed
Repeal sections 2AA 2B 7B 8C 9A 10A 11A 38A 41A 42A 45A 96A 109A 110AA 110BA 110D 111A 127A 134A 137A clause 8A