1: Title
This Act is the Imprest Supply (Second for 2019/20) Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Repeal of this Act
This Act is repealed on the close of 30 June 2020. 2020-07-01 Imprest Supply (Second for 2019/20) Act 2019
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2019/20 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments and Offices of Parliament during the 2019/20 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2019/20 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
1: Expenses may, during the 2019/20 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) must not exceed in the aggregate the sum of $10,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2019/20 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $6,500 million.
8: Authority to make capital injections
1: Capital injections may, during the 2019/20 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act.
2: Capital injections made under subsection (1) must not exceed in the aggregate the sum of $800 million.


1: Title
This Act is the Kāinga Ora–Homes and Communities Act 2019.
2: Commencement
This Act comes into force on 1 October 2019.
1: Preliminary provisions and establishment of Kāinga Ora–Homes and Communities
1: Preliminary provisions
3: Outline of Act
This Act establishes Kāinga Ora–Homes and Communities and provides for a government policy statement on housing and urban development.
4: Māori interests
In order to recognise and respect the Crown's responsibility to consider and provide for Māori interests, this Act provides,—
a: in section 11(1)(b) Te Ture Whenua Māori Act 1993
b: in section 13(1)
c: in section 14(1)
i: identifying and protecting Māori interests in land, and recognising and providing for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga:
ii: partnering and having early and meaningful engagement with Māori and offering Māori opportunities to participate in urban development:
d: in section 20
e: in section 23(2)(e)
5: Interpretation
1: In this Act, unless the context otherwise requires,— board chief executive commencement date development
a: includes all or any of the following:
i: acquiring land for development:
ii: delivering a development project:
iii: selling, leasing, disposing of, managing, or otherwise dealing with land and improvements:
b: does not include maintaining or upgrading Kāinga Ora housing within the meaning of section 2(1) GPS Part 2 home-related financial assistance
a: means financial assistance that is designed to help people with housing: Examples
arrangements such as shared equity, shared ownership, or rent to buy or option to buy financial assistance such as a grant, loan, or insurance or underwriting policy; but
b: does not include income-related rent within the meaning of section 2(1) of the Public and Community Housing Management Act 1992 Kāinga Ora–Homes and Communities
a: means Kāinga Ora–Homes and Communities established by section 8
b: for the purposes of the definition of public housing Ministers Ministry public housing
a: includes any premises (whether owned by the Crown, Kāinga Ora–Homes and Communities, or any other person) that—
i: are let by or on behalf of Kāinga Ora–Homes and Communities under a residential tenancy that was granted before 14 April 2014; or
ii: are, or are intended to be, let by or on behalf of Kāinga Ora–Homes and Communities under a residential tenancy to a tenant who is assessed under the Public and Community Housing Management Act 1992 section 2(1)
iii: are, or are intended to be, let by the Crown or Kāinga Ora–Homes and Communities to a community organisation or other provider for use as—
A: transitional or emergency accommodation for people in need while they seek, or are assisted in finding, more permanent accommodation:
B: supported housing (for example, housing for people who experience disability or mental illness):
b: includes any premises that are located together with public housing for the purpose of providing support services to the people who live or stay in the housing.
2: The Ministers, acting jointly, are the responsible Minister Crown Entities Act 2004 Section 5(1) development replaced 7 August 2020 section 300 Urban Development Act 2020 Section 5(1) Kāinga Ora–Homes and Communities replaced 7 August 2020 section 300 Urban Development Act 2020 Section 5(1) public housing inserted 7 August 2020 section 300 Urban Development Act 2020
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Establishment and objective of Kāinga Ora–Homes and Communities
8: Kāinga Ora–Homes and Communities established
Kāinga Ora–Homes and Communities is established.
9: Kāinga Ora–Homes and Communities is Crown entity
1: Kāinga Ora–Homes and Communities is a Crown entity for the purposes of the Crown Entities Act 2004
2: The Crown Entities Act 2004
10: Membership of board of Kāinga Ora–Homes and Communities
1: The board of Kāinga Ora–Homes and Communities consists of not fewer than 8, and not more than 10, members
2: The Ministers must appoint members to the board who, collectively, have knowledge and experience of, and capability in,—
a: New Zealand’s housing and urban development system, including public housing and community housing
b: perspectives of Māori; and
c: the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles and Te Ture Whenua Maori Act 1993
d: perspectives of public housing tenants; and
e: perspectives of developers; and
f: perspectives of local government; and
g: business generally; and
h: public sector governance and government processes. Section 10(1) amended 6 February 2021 section 299(2) Urban Development Act 2020 Section 10(2)(a) amended 7 August 2020 section 300 Urban Development Act 2020
11: Additional collective duties of board
1: The board must ensure that Kāinga Ora–Homes and Communities—
a: acts in a manner consistent with the operating principles in section 14
b: maintains systems and processes to ensure that, for the purposes of carrying out its urban development functions, Kāinga Ora–Homes and Communities has the capability and capacity—
i: to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
ii: to understand and apply Te Ture Whenua Maori Act 1993
iii: to engage with Māori and to understand perspectives of Māori.
2: The duties in subsection (1)—
a: apply in addition to the duties of the board in sections 49 to 52
b: are collective duties owed to the Ministers for the purposes of section 58 2000 No 91 s 27
12: Objective of Kāinga Ora–Homes and Communities
1: The objective of Kāinga Ora–Homes and Communities is to contribute to sustainable, inclusive, and thriving communities that—
a: provide people with good quality, affordable housing choices that meet diverse needs; and
b: support good access to jobs, amenities, and services; and
c: otherwise sustain or enhance the overall economic, social, environmental, and cultural well-being of current and future generations.
2: When performing its functions or exercising powers under any other legislation, Kāinga Ora–Homes and Communities must act in a way that furthers any relevant objectives or purposes stated in that legislation.
3: Functions and operating principles of Kāinga Ora–Homes and Communities
13: Functions of Kāinga Ora–Homes and Communities
1: The functions of Kāinga Ora–Homes and Communities are the following: Housing
a: to provide rental housing, principally for those who need it most:
b: to provide appropriate accommodation, including housing, for community organisations:
c: subject to subsection (2),—
i: to provide people with home-related financial assistance; and
ii: to make loans, or provide other financial assistance, to local authorities and other entities for housing purposes:
d: to give people (including people on low or modest incomes who wish to own their own homes) help and advice on matters relating to housing or services related to housing:
e: to provide housing or services related to housing as agent for the Crown or Crown entities: Urban development
f: to initiate, facilitate, or undertake any urban development, whether on its own account, in partnership, or on behalf of other persons, including—
i: development of housing, including public housing and community housing
ii: development and renewal of urban environments, whether or not this includes housing development:
iii: development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works:
g: to provide a leadership or co-ordination role in relation to urban development, including by—
i: supporting innovation, capability, and scale within the wider urban development and construction sectors:
ii: leading and promoting good urban design and efficient, integrated, mixed-use urban development:
h: to understand, support, and enable the aspirations of communities in relation to urban development:
i: to understand, support, and enable the aspirations of Māori in relation to urban development: Other
j: any regulatory functions conferred or imposed on Kāinga Ora–Homes and Communities by or under any other enactment (for example, if entered on an appropriate register to do so):
k: any other functions conferred or imposed on Kāinga Ora–Homes and Communities by or under this Act or any other enactment.
2: The function in subsection (1)(c) applies only to the extent that—
a: Kāinga Ora–Homes and Communities acts on behalf of the Crown; or
b: the assistance is—
i: authorised by regulations made, or an approval given by the Ministers, for the purpose of the restrictions in sections 161 to 164
ii: not of a type to which those restrictions apply. Section 13(1)(f)(i) amended 7 August 2020 section 300 Urban Development Act 2020
14: Operating principles
1: The operating principles of Kāinga Ora–Homes and Communities for the purpose of section 11(1)(a) Public housing solutions that contribute positively to well-being
a: providing good quality, warm, dry, and healthy rental housing:
b: supporting tenants—
i: to be well connected to their communities; and
ii: to lead lives with dignity and the greatest degree of independence possible; and
iii: to sustain tenancies:
c: working with community providers to support tenants and ensure those most in need are supported and housed:
d: being a fair and reasonable landlord, treating tenants and their neighbours with respect, integrity, and honesty: Housing supply meets needs
e: managing its housing stock prudently, including upgrading and managing its housing to ensure it remains fit for purpose:
f: ensuring that the housing it develops is appropriately mixed (with public housing or community housing, affordable housing, and market housing) Well-functioning urban environments
g: ensuring its urban development contains quality infrastructure and amenities that support community needs:
h: assisting communities where it has housing stock to develop and thrive as cohesive and safe places to live: Stewardship and sustainability
i: identifying and protecting Māori interests in land, and recognising and providing for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga:
j: operating in a manner that recognises—
i: environmental, cultural, and heritage values; and
ii: the need to mitigate and adapt to the effects of climate change: Collaboration and effective partnerships
k: partnering and having early and meaningful engagement with Māori and offering Māori opportunities to participate in urban development:
l: partnering and engaging meaningfully with other persons and organisations, including—
i: having early and meaningful engagement with communities affected, or to be affected, by
ii: in order to help grow capability across the housing and urban development sector:
iii: in order to help people into home ownership:
m: maximising alignment and synergies through its multiple functions in order to support inclusive, integrated housing and urban development.
2: Kāinga Ora–Homes and Communities must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries also acts consistently with subsection (1) to the extent it is applicable to the subsidiary. Section 14(1)(f) amended 7 August 2020 section 300 Urban Development Act 2020 Section 14(1)(l)(i) amended 7 August 2020 section 300 Urban Development Act 2020
4: Other provisions about Kāinga Ora–Homes and Communities
15: Loans deemed to have been lawfully raised
So far as concerns any lender or holder,—
a: all money borrowed by Kāinga Ora–Homes and Communities or a Crown entity subsidiary must for all purposes be treated as having been borrowed in accordance with subpart 3
b: all securities and charges issued, granted, or varied by Kāinga Ora–Homes and Communities or a Crown entity subsidiary must for all purposes be treated as having been issued, granted, or varied in accordance with subpart 3
c: the following must for all purposes be treated as having been undertaken in accordance with subpart 3
i: all actions taken by Kāinga Ora–Homes and Communities or a Crown entity subsidiary in the course of any borrowing or proposed borrowing:
ii: all actions taken by Kāinga Ora–Homes and Communities or a Crown entity subsidiary in the course of the issue, granting, or variation or proposed issue, granting, or variation of any securities or charge; and
d: the lender or holder does not have to inquire whether, or to what extent, authority has been given under that Act. 1974 No 19 s 30AA
16: Kāinga Ora–Homes and Communities may investigate circumstances of applicant for home-related financial assistance
Kāinga Ora–Homes and Communities may investigate the circumstances of—
a: an applicant for, or a recipient of, home-related financial assistance that is administered by Kāinga Ora–Homes and Communities, whether on its own behalf or on behalf of the Crown or Crown entities; or
b: any person who, at the time of application, is the spouse, civil union partner, or de facto partner of the applicant. 1992 No 76 s 77
17: Kāinga Ora–Homes and Communities may ask questions, take actions, etc
1: For the purpose of any investigation conducted under section 16
a: may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate to verify by statutory declaration—
i: any information they have given when answering questions asked under paragraph (a); or
ii: any other information that they have at any time given to Kāinga Ora–Homes and Communities; or
iii: any information within their personal knowledge that has at any time been given to Kāinga Ora–Homes and Communities by the spouse, civil union partner, or de facto partner of the person.
2: Kāinga Ora–Homes and Communities may take the actions stated in subsection (3) if—
a: any person whose circumstances it may investigate—
i: fails or refuses to answer (or, in the opinion of Kāinga Ora–Homes and Communities, fails or refuses to answer fully) any question asked under subsection (1)(a); or
ii: fails or refuses to verify any information by statutory declaration when asked to do so under subsection (1)(b); or
b: it believes on reasonable grounds that any person whose circumstances it may investigate under section 16
3: The actions are to—
a: assess the eligibility of an applicant for, or recipient of, the home-related financial assistance on the basis of Kāinga Ora–Homes and Communities’ own understanding of the circumstances:
b: treat the applicant or recipient as not or as no longer eligible for that financial assistance. 1992 No 76 s 78
18: Application of Public and Community Housing Management Act 1992
The following provisions of the Public and Community Housing Management Act 1992 section 16
a: section 79 (Kāinga Ora–Homes and Communities may seek information):
b: section 80 (Kāinga Ora–Homes and Communities may require information for certain purposes):
c: section 82 (offence not to provide information or to provide false or misleading information):
d: section 83 (offence to mislead Kāinga Ora–Homes and Communities for certain purposes or results):
e: section 86 (code of conduct applying to obtaining information required under section 80):
f: section 87 (who must comply with code of conduct):
g: section 88 (regulations authorising information to be obtained):
h: section 89 (complaints):
i: section 90 (matters to be included in code of conduct).
19: Delegation of certain powers
1: Kāinga Ora–Homes and Communities may delegate a power under section 17(1)(b), (2), or (3)
a: the social housing agency or agencies appointed under section 100 of the Public and Community Housing Management Act 1992
b: the chief executive of that agency or chief executives of those agencies:
c: a person engaged by Kāinga Ora–Homes and Communities under a contract for services that provides for the person to exercise that power.
2: Sections 74 75 section 73
3: This section does not limit section 73 1992 No 76 s 84(1)(a)
20: Restriction on disposal of RFR land
1: Kāinga Ora–Homes and Communities may not exercise the powers conferred on Housing New Zealand Corporation or its subsidiaries in any of the following provisions or in any deed of settlement to which those provisions relate:
a: section 115
b: section 136
c: section 171
d: section 179
e: section 199
f: section 170
g: section 116
h: section 166
i: section 201
j: section 115
k: section 108
l: section 123
m: section 172
n: section 130
o: section 200
p: any other Treaty of Waitangi settlement legislation or deed of settlement that provides for Housing New Zealand Corporation or its subsidiaries to dispose of RFR land to any person if the Corporation or subsidiary has given notice to the trustees of the 1 or more offer trusts that, in the Corporation’s or subsidiary’s opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown’s social objectives in relation to housing or services related to housing.
2: Kāinga Ora–Homes and Communities and Housing New Zealand Limited may not use the exception in section 11(1)(c)(i) Section 20(2) inserted 7 August 2020 section 300 Urban Development Act 2020
21: Use of certain words
1: No person other than Kāinga Ora–Homes and Communities may, either alone or with another person, be incorporated or registered under another enactment, trade, carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Kāinga Ora–Homes and Communities or under any other name that combines all of the words Kāinga Ora Homes Communities
b: under a name that so resembles the words Kāinga Ora–Homes and Communities as to be likely to mislead.
2: On or from the commencement date until 1 October 2039, no person may, either alone or with another person, be incorporated or registered under another enactment, trade, carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Housing Corporation of New Zealand or the words Housing New Zealand Corporation; or
b: under a name that so resembles the words Housing Corporation of New Zealand or the words Housing New Zealand Corporation as to be likely to mislead.
3: Nothing in subsection (1) or (2) applies to Kāinga Ora–Homes and Communities or to any person who is appropriately authorised by Kāinga Ora–Homes and Communities. 2003 No 118 s 99
2: Other matters
1: Government policy statement on housing and urban development
22: Ministers must issue GPS on housing and urban development
1: The Ministers must issue a GPS on housing and urban development no later than 1 October 2021.
2: The Ministers may review the GPS at any time and must review the GPS at intervals that are no more than 3 years apart.
3: The Ministers may, following a review, issue a new GPS on housing and urban development that replaces the GPS that was reviewed, in which case the GPS that was reviewed expires when it is replaced. 2003 No 118 s 66
23: Purpose and content of GPS
1: The purpose of the GPS is to—
a: state the Government’s overall direction and priorities for housing and urban development; and
b: inform and guide the decisions and actions of agencies involved in, and the activities necessary or desirable for, housing and urban development.
2: The GPS must include the following:
a: the Government’s overall direction for housing and urban development, which must include a multi-decade outlook:
b: the Government’s priorities for housing and urban development:
c: how the Government expects Kāinga Ora–Homes and Communities to manage its functions and operations to meet the Government’s direction and priorities for housing and urban development:
d: how the Government expects other agencies to support that direction and those priorities:
e: the Government’s expectations in relation to Māori interests, partnering with Māori, and protections for Māori interests:
f: how the Government expects Kāinga Ora–Homes and Communities to recognise the need to mitigate and adapt to the effects of climate change.
3: The GPS may include any other matters the Ministers consider relevant. 2003 No 118 s 68
24: Preparation or review of GPS
When preparing or reviewing a GPS, the Ministers must—
a: be satisfied that the GPS promotes a housing and urban development system that contributes to the current and future well-being of New Zealanders; and
b: consult Kāinga Ora–Homes and Communities and persons, and representative groups of persons, who have an interest in housing and urban development in New Zealand. 2003 No 118 s 67
25: Status of GPS
A GPS is not—
a: a direction for the purposes of Part 3
b:
c: 2003 No 118 s 69 Section 25(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
26: Kāinga Ora–Homes and Communities to give effect to GPS
Kāinga Ora–Homes and Communities must give effect to the GPS when performing its functions. 2003 No 118 s 70
27: Other powers about government policy
This subpart does not limit other provisions relating to directions in the Crown Entities Act 2004
28: Availability of GPS
1: As soon as practicable after issuing a GPS, the Ministers must—
a: present a copy of the GPS to the House of Representatives; and
b: arrange for a copy of the GPS to be given to Kāinga Ora–Homes and Communities.
2: The chief executive must make the GPS publicly available as soon as practicable after it is issued by publishing a copy on the Ministry’s Internet site in a format that is readily accessible. 2003 No 118 s 71
29: Amending GPS
1: The Ministers may amend the GPS at any time.
2: The provisions of this subpart regarding the preparation and availability of a GPS—
a: apply with the necessary modifications to an amendment to the GPS; but
b: do not apply if the amendment to the GPS is not significant. 2003 No 118 s 90
2: Other enactments
30: Housing Corporation Act 1974 repealed
The Housing Corporation Act 1974 2019-10-01 Housing Corporation Act 1974
31: Title of Housing Restructuring and Tenancy Matters Act 1992 changed
In the Housing Restructuring and Tenancy Matters Act 1992
1: This Act is the Public and Community Housing Management Act 1992 2019-10-01 Housing Restructuring and Tenancy Matters Act 1992
32: Amendments to Act that was previously called Housing Restructuring and Tenancy Matters Act 1992
The Act that was previously called the Housing Restructuring and Tenancy Matters Act 1992 Schedule 2 2019-10-01 Housing Restructuring and Tenancy Matters Act 1992
33: Amendments, repeals, and revocations: other enactments
The enactments referred to in Schedule 3 2019-10-01 Administration Act 1969 Child Protection (Child Sex Offender Government Agency Registration) Act 2016 Corrections Act 2004 Crown Entities Act 2004 Crown Proceedings Act 1950 Family Benefits (Home Ownership) Act 1964 Family Violence Act 2018 Financial Markets Conduct Act 2013 Flags, Emblems, and Names Protection Act 1981 Goods and Services Tax Act 1985 Home Ownership Savings Act 1974 Housing Act 1955 Housing Assets Transfer Act 1993 Immigration Act 2009 Income Tax Act 2007 Insurance (Prudential Supervision) Act 2010 Land Act 1948 Legal Services Act 2011 Maori Affairs Restructuring Act 1989 Maori Housing Act 1935 Maori Housing Amendment Act 1938 Official Information Act 1982 Ombudsmen Act 1975 Privacy Act 1993 Prohibition of Gang Insignia in Government Premises Act 2013 Property Law Act 2007 Public Works Act 1981 Residential Tenancies Act 1986 Social Security Act 2018 State Advances Corporation Act 1965 Te Ture Whenua Maori Act 1993 Vincent County Empowering (Community Centres) Act 1970 Health Entitlement Cards Regulations 1993 Health Sector Transfers (Housing New Zealand Corporation) Order 2002 Housing Assets Transfer Order 1993 Housing Assets Transfer Order 1994 Housing Assets Transfer Order 1996 Housing New Zealand Limited Vesting Order 1993 Housing Restructuring Act (Vesting) Order 1996 Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 Housing Restructuring and Tenancy Matters (Appointment of Agency and Regulatory Authority) Order 2018 Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018 Privacy (Information Sharing Agreement between Inland Revenue and Ministry of Social Development) Order 2017 Privacy (Information Sharing Agreement between New Zealand Gang Intelligence Centre Agencies) Order 2018 Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 Social Housing Appeals Regulations 2014 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Commencement Order 2013 Social Security Regulations 2018 Student Allowances Regulations 1998
34: Titles of certain legislative instruments changed
1: In the Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 regulation 1
1: Title
These regulations are the Public and Community Housing Management (Appeals) Regulations 2000.
2: In the Housing Restructuring and Tenancy Matters (Appointment of Agency and Regulatory Authority) Order 2018 clause 1
1: Title
This order is the Public and Community Housing Management (Appointment of Agency and Regulatory Authority) Order 2018.
3: In the Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 regulation 1
1: Title
These regulations are the Public and Community Housing Management (Community Housing Provider) Regulations 2014.
4: In the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018 regulation 1
1: Title
These regulations are the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018. 2019-10-01 Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 Housing Restructuring and Tenancy Matters (Appointment of Agency and Regulatory Authority) Order 2018 Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018


1: Title
This Act is the New Zealand Infrastructure Commission/Te Waihanga Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— Commission section 6 community expectations
a: means the expectations of the communities that use, or will use, the infrastructure or the services that result from the infrastructure; and
b: includes expectations in relation to—
i: benefits and other outcomes that result from the infrastructure or services; and
ii: how the services are delivered; and
iii: the quality of the services; and
iv: how the infrastructure is built and maintained election period
a: beginning with writ day for a general election; and
b: ending with the day that is 2 months after the day of commencement of the next session of Parliament infrastructure infrastructure project
a: the creation of new infrastructure; and
b: the maintenance, upgrading, replacement, decommissioning, or removal of existing infrastructure Minister responsible Minister support services
a: providing advice in relation to a proposed project; and
b: providing services or staff to assist with the delivery of a project writ day section 3(1)
4: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Act binds the Crown
This Act binds the Crown.
2: New Zealand Infrastructure Commission/Te Waihanga
1: Establishment of Commission
6: New Zealand Infrastructure Commission/Te Waihanga established
The New Zealand Infrastructure Commission/Te Waihanga is established.
7: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of the Crown Entities Act 2004
2: The Crown Entities Act 2004
8: Members of Commission
1: The Commission must have no fewer than 3, and not more than 7, members.
2: The members of the Commission are a board for the purposes of the Crown Entities Act 2004
2: Functions of Commission
9: Main function of Commission
The main function of the Commission is to co-ordinate, develop, and promote an approach to infrastructure that encourages infrastructure, and services that result from the infrastructure, that improve the well-being of New Zealanders.
10: Additional functions of Commission
The Commission has the following additional functions: Strategy and planning functions
a: to develop broad public agreement on the approach under section 9 subpart 3
b: to provide advice in relation to infrastructure, including (without limitation) advice in relation to—
i: the ability of existing infrastructure to meet community expectations; and
ii: current and future infrastructure needs; and
iii: the priorities for infrastructure; and
iv: matters that prevent, limit, or promote the efficient and effective delivery of infrastructure, and services that result from the infrastructure:
c: to provide reports in accordance with subparts 3 4 Support functions
d: to promote a strategic and co-ordinated approach to the delivery of current and proposed infrastructure projects:
e: to provide and co-ordinate information about current and proposed infrastructure projects:
f: to provide support services to current and proposed infrastructure projects.
11: Infrastructure needs and priorities for infrastructure
When identifying or advising on current and future infrastructure needs, or the priorities for infrastructure, the Commission—
a: must provide advice with the objective of achieving infrastructure, and services that result from the infrastructure, that improve the well-being of New Zealanders; and
b: must have regard to long-term trends that impact on, or are impacted by, infrastructure, including (but not limited to)—
i: changes to demographics; and
ii: the emergence and availability of new technology; and
iii: matters relating to the mitigation of the effects of climate change (including through reducing emissions of greenhouse gases) and adapting to the effects of climate change; and
c: may have regard to any other matters the Commission considers relevant.
3: Strategy reports
12: Strategy reports required
The Commission must provide strategy reports to the responsible Minister in accordance with this subpart.
13: Content of strategy report
1: A strategy report must—
a: include a statement as to the ability of existing infrastructure to meet community expectations for the next 30 years; and
b: identify the priorities for infrastructure for the next 30 years.
2: A strategy report may include any other matters the Commission considers relevant.
14: Commission must provide draft to Minister
1: Before finalising a strategy report, the Commission must provide a draft to the responsible Minister.
2: A draft of the first strategy report prepared under this Act must be provided not later than the day that is 2 years after the day on which this Act comes into force.
3: Thereafter, a draft must be provided not later than the day that is 4 years and 6 months after the day on which the last strategy report was provided to the Minister under section 16
15: Commission must have regard to Minister’s comments on draft
1: The Minister may provide comments on the draft to the Commission.
2: Any comments must be provided—
a: in writing; and
b: not later than the day that is 90 days after the day on which the Minister receives the draft.
3: The Commission must have regard to the Minister’s comments (if any) when finalising the strategy report.
16: Commission must finalise and provide report to Minister
1: The Commission must finalise the strategy report and provide it to the responsible Minister.
2: The report must be provided not later than the day that is 90 days after—
a: the day of receipt of any Minister’s comments under section 15
b: if no comments are received within the period set out in section 15(2)(b) section 15(2)(b)
17: Report must be presented to House and published
1: The responsible Minister must present a copy of the strategy report to the House of Representatives as soon as practicable after receiving the report.
2: The Commission must publish the report on an Internet site maintained by or on behalf of the Commission as soon as practicable after the report is presented to the House.
18: Statement of Government’s response must be presented to House
The responsible Minister must present a statement of the Government’s response to the strategy report to the House of Representatives not later than the day that is 180 days after the day on which the report is provided to the Minister.
19: Election period disregarded for purposes of calculating deadlines
Any days that fall within an election period must be disregarded for the purposes of calculating the periods under sections 15(2)(b) 18
4: Directions to provide report
20: Minister may give direction to provide report
1: The responsible Minister may direct the Commission to provide a report to the Minister on any matter relating to infrastructure.
2: The terms of the direction may specify 1 or more of the following:
a: the scope of the matter to be reported on:
b: requirements relating to consultation with the Minister or any other person:
c: the date by which the Commission must provide its report.
21: Process for giving direction to provide report
1: A direction under section 20 section 114
a: the Commission must give effect to the direction in accordance with section 114
b: sections 114 115 section 115A
2: In deciding whether to give the direction, and in specifying the terms of that direction, the Minister must have regard to the impact that the direction will or is likely to have on the Commission’s ability to manage its functions and operations, having regard to the Commission’s available resources.
22: Commission must publish report
The Commission must publish every report that is provided to the Minister under this subpart on an Internet site maintained by or on behalf of the Commission as soon as practicable after providing the report to the Minister.
5: Power to obtain information
23: Power of Commission to obtain information
1: The Commission may request an entity specified in subsection (6) to supply to the Commission any information that is necessary or desirable to enable the Commission to perform its functions.
2: A request—
a: must be in writing; and
b: may state the date by which, and the manner in which, the information requested must be provided.
3: If a date is specified under subsection (2)(b), that date must be reasonable.
4: An entity to which the request is made must comply with the request, subject to sections 24 25
5: However, the information cannot be withheld other than for the reasons in sections 24 25 Official Information Act 1982 Local Government Official Information and Meetings Act 1987
6: A request may be made to 1 or more of the following entities:
a: a department as defined in section 5
i: the Government Communications Security Bureau; and
ii: the New Zealand Security Intelligence Service:
b: a departmental agency as defined in section 5
c: a statutory entity named in Schedule 1
d: the New Zealand Defence Force:
e: a local authority, as defined in section 5(1)
f: a council-controlled organisation, as defined in section 6
g: Auckland Transport, as defined in section 4(1)
7: In subsection (1), information
a: personal information as defined in section 7(1)
b: information held by the Government Statistician that was collected under the Data and Statistics Act 2022
c: information that a revenue officer must keep confidential under section 18(1) 1989 No 44 s 19 Section 23(6)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(6)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(7)(a) amended 1 December 2020 section 217 Privacy Act 2020 Section 23(7)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
24: Reasons for refusing to supply requested information
A request for information may be refused if—
a: withholding the information is necessary to protect the privacy of a person (whether or not the person is a natural person or a deceased person); or
b: withholding the information is necessary to maintain legal professional privilege; or
c: the supply of the information would limit the ability of the entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter; or
d: the supply of the information would be likely to result in the outcomes described in section 6(a) or (b) 2004 No 115 s 134
25: Additional reasons for refusal by local government entities
1: In addition to the reasons set out in section 24 section 23(6)(e), (f), or (g)
a: the withholding of the information is necessary to protect information where the making available of the information—
i: would disclose a trade secret; or
ii: would be likely unreasonably to prejudice the commercial position of the entity, or the person who supplied the information, or the person who is the subject of the information; or
b: the information requested cannot be made available without substantial research.
2: If a request is likely to be refused under subsection (1)(b), the entity must, before that request is refused, consider whether consulting with the Commission would assist the Commission to make the request in a form that would remove the reason for the refusal. 1987 No 174 ss 7 17 17B
26: Publication or disclosure of information to other persons
The Commission must not publish or disclose any information obtained under section 23
a: the information is available to the public under any enactment or is otherwise publicly available:
b: the information is in a statistical or summary form:
c: the publication or disclosure is with the consent of the person to whom the information relates or of the person to whom the information is confidential:
d: the publication or disclosure is required by law. 2011 No 5 s 59(3)
6: Amendments to other enactments
27: Amendments to other enactments
Amend the enactments specified in Schedule 2 2019-09-26 Crown Entities Act 2004 2019-09-26 Ombudsmen Act 1975


1: Title
This Act is the Education (School Donations) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Education Act 1989 principal Act 2019-10-22 Education Act 1989
1: Main amendment
4: New sections 79A to 79D inserted
After section 79
79A: Discretionary grants for boards
1: The Minister may, in or for a financial year, make discretionary grants to boards out of public money appropriated by Parliament for the purpose.
2: Subsection (1) is subject to subsections (3) to (8) and section 79D
3: The Minister must determine the amount of each discretionary grant made under subsection (1).
4: In determining the amount of a discretionary grant, the Minister must take no account of international students (other than students exempted under section 4A(1)) enrolled or likely to be enrolled at any school administered by the board concerned.
5: A discretionary grant made under subsection (1)—
a: must be made subject to the condition that a board that receives it does not seek or receive any solicited voluntary payment from parents; and
b: may also be made subject to other conditions (except a condition that it will be used for the purposes set out in the grant) determined by the Minister and published in the Gazette
6: A discretionary grant may be paid to a board only if the board has decided by resolution to receive the grant.
7: A board that receives a discretionary grant must take all reasonable steps to ensure that all conditions of the grant are complied with.
8: In this section and section 79B parent solicited voluntary payment from parents
a: to be made or made by or on behalf of a parent, or parents, of any student, or students, likely to be enrolled or enrolled at any school administered by the board; and
b: a payment that the parent has, or that those parents have, no legal obligation to make; and
c: sought in any way, directly or indirectly, from the parent or those parents, by or on behalf of the board.
79B: Minister may prescribe exemptions to mandatory condition
1: The Minister may, by notice in the Gazette section 79A(5)(a)
2: Exemptions prescribed by a notice given under this section enable any board, or class or classes of boards, specified in the notice to which a discretionary grant is made or to be made to seek or receive any solicited voluntary payment from parents for any student activity or student activities specified in the notice.
79C: Application of Legislation Act 2012
A notice given under section 79A(5)(b) or 79B
79D: Effect of non-compliance with earlier discretionary grants
1: In determining for the purposes of section 79 or 79A
a: must have regard to the extent to which the board has, in any 1 or more earlier financial years, in respect of the school, failed to comply with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier financial years; and
b: may, after consulting the board, determine for the grant, supplementary grant, or discretionary grant an amount that is less than it would otherwise have been.
2: However, the total of all reductions (if any) made under subsection (1)(b) because of non-compliance with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier financial years must not exceed the amount of that discretionary grant.
2: Consequential amendments
5: Section 79 amended (Grants for boards)
1: In the heading to section 79 Grants and supplementary grants
2: In section 79(1) Subject to subsection (2), in each In or for a
3: After section 79(1)
1A: Subsection (1) is subject to subsections (2) and (3) and section 79D
4: In section 79(2)
a: replace foreign international
b: delete or institution


Partnership Law Act 2019

1: Title
This Act is the Partnership Law Act 2019.
2: Commencement
This Act comes into force immediately after the expiry of the 6-month period that starts on the date of Royal assent.
1: Purpose, overview, and other preliminary provisions
3: Purpose of this Act
The purpose of this Act is to re-enact the Partnership Act 1908
4: Revision Act
1: This is a revision Act for the purposes of section 35
2: Schedule 2 section 31(2)(i)
3: Schedule 3 Partnership Act 1908
5: Overview
1: In this Act,—
a: this Part contains the purpose and overview of this Act:
b: Part 2
c: subpart 1
i: the power of partners to bind the partnership; and
ii: the liability of partners for the debts and obligations of the partnership; and
iii: the liability of the partnership for a partner’s wrongful acts or omissions; and
iv: the liability of persons who represent themselves as partners; and
v: the liability of incoming and outgoing partners; and
vi: the rights of third persons against persons who appear to be partners:
d: subpart 2
i: the variation of rights and duties by consent; and
ii: how partnership property must be held and applied; and
iii: the interests, rights, and duties of partners in relation to partnership property; and
iv: the payment of a partner’s separate debts out of partnership property; and
v: the right of every partner to take part in the management of the partnership business; and
vi: the duty of partners to provide accounts and full information about the partnership; and
vii: the duty of partners to account for private profits or the profits of a competing business:
e: Part 4
2: This section is only a guide to the general scheme and effect of this Act.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Interpretation
1: In this Act, unless the context otherwise requires,— business court firm firm name section 10 partnership sections 8 9 partnership property section 36(2) personal representative
2: In this Act, unless the context otherwise requires, a partner ( A leaves
a: retires from the firm (whether voluntarily or under a duty to retire imposed under the partnership agreement); or
b: is expelled from the partnership ( see section 53 1908 No 139 s 2
2: Nature of partnership
Meaning of partnership and firm name
8: Definition of partnership
1: Partnership
2: This section is subject to section 9 1908 No 139 s 4(1)
9: Relationships that are not partnerships
The relationship between the shareholders or members of any of the following is not a partnership within the meaning of this Act:
a: a company registered under the Companies Act 1993
b: a limited partnership that is registered under the Limited Partnerships Act 2008
c: an association registered as a body corporate under any Act:
d: a body corporate or other association formed or incorporated by or under any Act, letters patent, or Royal Charter. 1908 No 139 s 4(2)
10: Meaning of firm and firm name
In this Act,—
a: persons who have entered into partnership with one another are collectively called a firm
b: the name under which their business is carried on is the firm name 1908 No 139 s 7 Determining whether partnership exists
11: Determining whether partnership exists
In determining whether a partnership exists, regard must be had to sections 12 to 15 1908 No 139 s 5
12: Co-ownership of property
1: If 2 or more persons own or hold property as joint tenants, tenants in common, or joint or part owners, the ownership or holding of the property does not by itself create a partnership in relation to the property.
2: This section applies whether or not the tenants or owners share any profits made by the use of the property. 1908 No 139 s 5(a)
13: Sharing gross returns
1: Sharing gross returns does not by itself create a partnership.
2: This section applies whether or not the persons sharing the returns have a joint or common right or interest in a property from which, or from the use of which, the returns are derived. 1908 No 139 s 5(b)
14: Effect of receiving share of profits
1: If a person receives a share of the profits of a business it is presumed, in the absence of evidence to the contrary, that the person is a partner in the business.
2: However, neither of the following by itself makes a person a partner in a business:
a: the receipt by the person of a share of the profits of the business:
b: the receipt by the person of a payment that is contingent on, or varies with, the profits of the business.
3: See section 15 1908 No 139 s 5(c)
15: Where receiving profits or payments does not make person partner or liable as partner
1: None of the following by itself makes a person ( A
a: A receives a payment of a debt or any other liquidated amount, by instalments or otherwise, out of the accruing profits of the business:
b: A is an employee or agent of a person who is engaged in the business and A has a contract for remuneration by a share of the profits of the business:
c: A is a relative of a deceased partner and receives by way of an annuity a share of the profits of the business in which the deceased person was a partner:
d: A is a lender who advances money in the circumstances specified in subsection (3)
e: A receives a share of the profits of the business by way of an annuity or otherwise in consideration of the sale by A of the goodwill of the business.
2: In subsection (1)(c) relative
3: For the purposes of subsection (1)(d)
a: the money is or will be advanced as a loan under a contract to a person who is engaged or about to engage in the business; and
b: under the contract, A will receive—
i: a share of the profits arising from carrying on the business; or
ii: a rate of interest that varies with those profits.
4: For the purposes of subsection (1)(d) subsection (3) 1908 No 139 s 5(c)
16: What happens if borrower or buyer is insolvent
1: This section applies if a borrower under a contract referred to in section 15(3)
a: is adjudged bankrupt; or
b: enters into an arrangement to pay the borrower’s or buyer’s creditors less than the full amount that is owed to those creditors; or
c: dies in insolvent circumstances.
2: The lender under the contract referred to in section 15(3)
3: The seller of the goodwill is not entitled to recover anything in respect of the share of profits contracted for until the claims of the buyer’s other creditors have been satisfied.
4: In this section, creditors 1908 No 139 s 6
3: Relationship of partners to third persons and to each other
1: Relationship of partners to third persons
17: Partner is agent of firm and other partners
Every partner ( A 1908 No 139 s 8
18: Power of partner to bind firm
1: An act of a partner ( A
2: However, this section does not apply if—
a: A has no authority to act for the firm in the particular matter; and
b: the person with whom A is dealing—
i: knows that A has no authority; or
ii: does not know or believe A to be a partner. 1908 No 139 s 8
19: Effect of notice that firm will not be bound by acts of partner
1: This section applies if—
a: the partners agree that the power of 1 or more of them to bind the firm is restricted; and
b: an act contravenes the agreement.
2: The act is not binding on the firm with respect to any person who has notice of the agreement. 1908 No 139 s 11
20: Partners bound by acts done or instruments executed on behalf of firm
1: An act or instrument relating to the business of the firm is binding on the firm and all the partners if it is done or executed—
a: in the firm’s name or in any other manner that shows an intention to bind the firm; and
b: by a person who is authorised to do the act or execute the instrument (whether or not the person is a partner).
2: However, this section does not affect any general rule of law about the execution of deeds or negotiable instruments. 1908 No 139 s 9
21: Partner using credit of firm for private purposes
1: This section applies if a partner ( A
2: The firm is not bound unless A is specially authorised by the other partners.
3: This section does not affect any personal liability incurred by a particular partner. 1908 No 139 s 10
22: Liability of partners for firm’s debts and obligations
1: Every partner ( A
2: After A’s death, A’s estate is also severally liable in a due course of administration for those debts and obligations to the extent that they remain unsatisfied.
3: However, subsection (2) 1908 No 139 s 12
23: Liability of firm for partner’s wrongful acts or omissions
1: This section applies if—
a: a partner ( A
i: in the ordinary course of the business of the firm; or
ii: with the authority of A’s partners; and
b: the wrongful act or omission—
i: causes loss or injury to any person (other than a partner in the firm); or
ii: results in a penalty being incurred.
2: The firm is liable for the loss, injury, or penalty to the same extent as A. 1908 No 139 s 13
24: Misapplication of money or property received for or in custody of firm
A firm is liable for a loss if—
a: a partner—
i: receives the money or property of a third person while acting within the scope of the partner’s apparent authority; and
ii: misapplies the money or property; or
b: the firm, in the course of its business, receives the money or property of a third person and the money or property is misapplied by 1 or more of the partners while it is in the custody of the firm. 1908 No 139 s 14
25: Liability for wrongful acts or omissions is joint and several
Each partner ( A section 23 24 1908 No 139 s 15
26: Improper use of trust property for partnership purposes
1: If a partner who is a trustee improperly uses trust property in the partnership business or for the partnership, no other partner is liable for the trust property to the persons beneficially interested in the trust property.
2: However, this section does not—
a: affect any liability incurred by a partner because the partner has notice of a breach of trust; or
b: prevent trust property from being followed and recovered from the firm if it is still in the firm’s possession or under its control. 1908 No 139 s 16
27: Person liable if they represent themselves as partner
1: This section applies to a person ( A
a: represents themselves as a partner in a firm (whether the representation is made orally, in writing, or by the person’s conduct); or
b: knowingly allows themselves to be represented as a partner in a firm.
2: A is liable as a partner of the firm to any person ( B
3: This section applies whether or not the representation has been made or communicated to B by A or with A’s knowledge.
4: This section is subject to section 28 1908 No 139 s 17(1)
28: Continued use of firm name when partner dies
1: This section applies if, after the death of a partner ( A
2: The continued use of the old firm name, or of A’s name as part of that firm name, does not by itself make A’s estate liable for any partnership debts that are contracted after A’s death. 1908 No 139 s 17(2)
29: Admissions and representations of partners
An admission or a representation made by a partner is evidence against the firm if the admission or representation—
a: concerns the partnership affairs; and
b: is made in the ordinary course of the partnership business. 1908 No 139 s 18
30: Notice to acting partner is notice to firm
1: Notice to a partner operates as notice to the firm if—
a: the partner habitually acts in the partnership business; and
b: the notice is about any matter that relates to partnership affairs.
2: This section does not apply in the case of fraud committed against the firm by, or with the consent of, the partner. 1908 No 139 s 19
31: Liability of incoming partner
If a person ( A 1908 No 139 s 20(1)
32: Liability of partner who leaves firm
1: A partner ( A
2: A may be discharged from an existing liability by an agreement to that effect between—
a: A; and
b: the members of the firm as newly composed; and
c: the creditor.
3: The agreement may—
a: be an express agreement; or
b: be inferred as a fact from the course of dealing between the creditor and the firm as newly composed. 1908 No 139 s 20(2), (3)
33: Rights of persons dealing with firm against apparent members of firm
1: If a person deals with a firm after a change in its composition, the person may treat all apparent members of the old firm as still being members of the firm until the person has notice of the change.
2: An advertisement in the Gazette
3: However,—
a: the estate of a partner who dies or who becomes bankrupt is not liable for partnership debts contracted after the date of the death or bankruptcy:
b: a partner who leaves a firm is not liable for partnership debts contracted after the date of leaving if the person dealing with the firm did not know that the partner had been a partner of the firm. 1908 No 139 s 39
34: Continuing guarantee revoked by change in firm
1: The following are revoked in relation to future transactions by any change in the composition of a firm:
a: a continuing guarantee given to the firm in respect of the firm’s transactions:
b: a continuing guarantee given to a third person in respect of the firm’s transactions.
2: This section does not apply if there is an agreement to the contrary. 1908 No 139 s 21
34A: COVID-19 business debt hibernation may apply
2022-06-01 Partnership Law Act 2019 Section 34A is repealed on the close of 31 May 2022. Section 34A repealed 31 May 2022 section 34A(2)
2: Relationship of partners to one another
35: Partners’ rights and duties may be varied by consent
1: The mutual rights and duties of partners may be varied by the consent of all the partners.
2: Subsection (1)
3: The consent may either be express or be inferred from a course of dealing. 1908 No 139 s 22
36: Partnership property
1: Partnership property must be held and applied by the partners—
a: exclusively for the purposes of the partnership; and
b: in accordance with the partnership agreement.
2: In this Act, partnership property
a: originally brought into the partnership stock; or
b: acquired (whether by purchase or otherwise)—
i: for the firm; or
ii: for the purposes, and in the course, of the partnership business. 1908 No 139 s 23(1)
37: Partnership land
Despite section 36 section 38 1908 No 139 s 23(2)
38: Co-owners of land who purchase other land out of profits
1: This section applies if—
a: co-owners of an estate or interest in any land (the original property
b: the original property is not itself partnership property; and
c: those co-owners purchase another estate or interest in land (the second property
2: The second property belongs to the persons referred to in subsection (1)
3: This section does not apply if there is an agreement to the contrary. 1908 No 139 s 23(3)
39: Property bought with partnership money
1: Property bought with money belonging to the firm must be treated as having been bought for the firm.
2: This section applies unless the contrary intention appears. 1908 No 139 s 24
40: Partnership land treated as personal property as between partners
1: Land that has become partnership property must be treated as between the partners as personal property and not real property.
2: If a partner is deceased,—
a: the reference to the partners in subsection (1)
b: subsection (1)
3: This section applies unless the contrary intention appears. 1908 No 139 s 25
41: Writ of execution against partnership property
A writ of execution must not be issued against any partnership property except on a judgment against the firm. 1908 No 139 s 26(1)
42: Court may charge partner’s interest for their separate judgment debt
1: The High Court may,—
a: on the application of a judgment creditor of a partner ( A
b: appoint a receiver of—
i: A’s share of the partnership profits (whether already declared or accruing); and
ii: any other money that would otherwise be payable to A in respect of the partnership; and
c: direct all accounts and inquiries, and give all other orders and directions,—
i: that might have been directed or given if A had given the charge in favour of the judgment creditor; or
ii: that the circumstances of the case require.
2: The High Court may act under subsection (1)(b) or (c)
a: when making an order under subsection (1)(a)
b: by making a subsequent order or direction.
3: The District Court may make any order, or give any directions, that may be made or given by the High Court under this section if—
a: a judgment creditor has obtained in, or removed into, the District Court a judgment, order, or decree for the payment of a sum of money; and
b: the judgment creditor applies for an order or a direction under this section. 1908 No 139 s 26(2), (2A)
43: Other partners may redeem or purchase interest
If a partner’s interest is charged under section 42
a: redeem the interest; or
b: purchase the interest if the court directs a sale of the interest. 1908 No 139 s 26(3)
44: Rules about interests and duties of partners
1: The rules in sections 45 to 52
a: the interests of partners in the partnership property; and
b: their rights and duties in relation to the partnership.
2: However, this section and those sections are subject to any agreement (express or implied) between the partners. 1908 No 139 s 27
45: Partners share equally in capital and profits and contribute equally to losses
1: All the partners are entitled to share equally in the capital and profits of the partnership business.
2: All the partners must contribute equally towards the losses of the firm (whether the losses are of capital or otherwise). 1908 No 139 s 27(a)
46: Firm must indemnify partner for payments made, and personal liabilities incurred, for firm
The firm must indemnify a partner for payments made, and personal liabilities incurred, by the partner—
a: in the ordinary and proper conduct of the partnership business; or
b: in or relating to doing any thing that is necessary to preserve the business or property of the firm. 1908 No 139 s 27(b)
47: Entitlement to interest
1: If a partner makes, for the purpose of the partnership, an actual payment or an advance that is more than the capital that the partner has agreed to provide, the partner is entitled to interest at the rate of 5% per year from the date of the payment or advance.
2: A partner is not entitled, before the profits are ascertained, to interest on the capital provided by the partner. 1908 No 139 s 27(c), (d)
48: Partner may manage business
Every partner may take part in the management of the partnership business. 1908 No 139 s 27(e)
49: Partner not entitled to remuneration
No partner is entitled to remuneration for acting in the partnership business. 1908 No 139 s 27(f)
50: No new partner without consent
No person may be introduced as a partner without the consent of all existing partners. 1908 No 139 s 27(g)
51: Most decisions may be made by majority
1: Any difference about ordinary matters connected with the partnership business may be decided by a majority of the partners.
2: However, no change may be made to the nature of the partnership business without the consent of all existing partners. 1908 No 139 s 27(h)
52: Access to partnership’s records
1: The partnership’s records must be reasonably available at the place of business of the partnership (or at the principal place of business if there is more than 1).
2: Every partner may, when the partner thinks fit, have access to, inspect, and copy any of the partnership’s records. 1908 No 139 s 27(i)
53: Expulsion of partner
A majority of the partners cannot expel a partner unless a power to do so has been given by express agreement between the partners. 1908 No 139 s 28
54: Duty of partners to provide accounts and full information on things affecting partnership
Partners must provide true accounts and full information of all things that affect the partnership to any partner or any partner’s legal representatives. 1908 No 139 s 31
55: Accountability of partners for private benefit
1: Every partner must account to the firm for a benefit that the partner obtains, without the consent of the other partners, from—
a: any transaction concerning the partnership; or
b: the partner’s use of the partnership property, name, or business connections.
2: This section also applies to transactions undertaken after a partnership has been dissolved because of the death of a partner and before the affairs of the partnership have been completely wound up (where the transactions are undertaken either by a surviving partner or by the personal representatives of the deceased partner). 1908 No 139 s 32
56: Duty to account for profits of competing business
Every partner must account for and pay over to the firm all profits made by the partner in a business if—
a: the partner carries on the business without the consent of the other partners; and
b: the business is of the same nature as, and competes with, the business of the firm. 1908 No 139 s 33
57: Rights of assignee of share in partnership
1: This section applies if a partner assigns the partner’s share in the partnership (either absolutely or by way of mortgage).
2: While the partnership continues, the assignment entitles the assignee only to receive the share of the profits to which the assigning partner would otherwise be entitled.
3: For the purposes of subsection (2)
4: The assignment does not, as against the other partners, entitle the assignee, while the partnership continues, to—
a: interfere in the management or administration of the partnership business or affairs; or
b: require an account of the partnership transactions; or
c: inspect the partnership’s records.
5: If the partnership is dissolved (whether with respect to all the partners or with respect to the assigning partner), the assignee is entitled—
a: to receive the share of the partnership assets to which the assigning partner is entitled as between the assigning partner and the other partners; and
b: to an account as from the date on which the partnership is dissolved (for the purpose of ascertaining that share). 1908 No 139 s 34
4: Financial reporting, dissolution of partnership, and other miscellaneous provisions
1: Financial reporting for large partnerships
58: Definitions of terms used in this subpart
1: In this subpart, accounting period applicable auditing and assurance standard applicable financial reporting standard section 5(1)
2: In this subpart,— balance date section 41 financial statements section 6 generally accepted accounting practice section 8 large partnership section 45 qualified auditor section 35 1908 No 139 s 34D
59: Accounting records
1: The partners of a large partnership must ensure that, at all times, accounting records are kept that—
a: correctly record the transactions of the partnership; and
b: will enable the partnership to ensure that the financial statements of the partnership comply with generally accepted accounting practice; and
c: will enable the partnership’s financial statements to be readily and properly audited (if those statements are required to be audited).
2: The partners of a large partnership must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English. 1908 No 139 s 34B
60: Financial statements must be prepared
The partners of a large partnership must ensure that, within 5 months after the balance date of the partnership, financial statements that comply with generally accepted accounting practice are—
a: completed for the partnership and that balance date; and
b: dated and signed on behalf of the partners by 2 partners. 1908 No 139 s 34C
61: Financial statements must be audited
1: The partners of a large partnership must ensure that the financial statements of the partnership are audited by a qualified auditor.
2: This section does not apply to a partnership if the partnership opts out of this section under section 64
3: See sections 37 to 39 1908 No 139 s 34E
62: Audit must comply with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 61
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards. 1908 No 139 s 34F
63: Financial reporting offences
1: Every partner of a partnership commits an offence and is liable on conviction to a fine not exceeding $50,000 if—
a: the partners fail to comply with section 59
b: the partners are required to comply with section 60
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard; or
c: the partners fail to comply with section 61
2: It is a defence for a partner charged with an offence under this section in respect of a requirement if the partner proves that—
a: the partnership took all reasonable and proper steps to ensure that the requirement would be complied with; or
b: the partner took all reasonable steps to ensure that the requirement would be complied with; or
c: in the circumstances, the partner could not reasonably have been expected to take steps to ensure that the requirement would be complied with. 1908 No 139 s 34G
64: Partnerships may opt out of audit requirement
1: This section applies to a large partnership unless the partnership agreement expressly provides that this section does not apply.
2: The partnership may, within 6 months from the start of an accounting period, opt out of compliance with section 61
3: The partnership opts out by a resolution that is passed or signed by partners who together are entitled to share in at least 95% of the capital of the firm.
4: If the partnership opts out in relation to an accounting period, section 61 1908 No 139 s 34H
65: Duties do not apply if alternative financial reporting duties under Financial Markets Conduct Act 2013
Sections 60 to 64 subpart 3 1908 No 139 s 34A
2: End of partnership
How partnership may end
66: Partnership dissolved at end of term, by end of venture or undertaking, or by notice
1: A partnership is dissolved,—
a: if entered into for a fixed term, at the end of the term:
b: if entered into for a single venture or undertaking, by the end of the venture or undertaking:
c: if entered into for an undefined time, by any partner giving notice to all the other partners of the partner’s intention to dissolve the partnership.
2: However, see section 68
3: Subsection (1)
4: In the case of subsection (1)(c)
a: the date stated in the notice as the date of dissolution; or
b: if no date is stated, the date on which the notice is received by the other partner or partners. 1908 No 139 s 35
67: Ending partnership at will
1: If the partners have not agreed on a fixed term for the duration of the partnership, any partner may dissolve the partnership at any time by giving notice to all the other partners of the partner’s intention to dissolve the partnership.
2: If the partnership was originally constituted by deed, a notice in writing, signed by the partner giving the notice, is sufficient for the purpose of subsection (1) 1908 No 139 s 29
68: Partnership that continues after end of fixed term
1: This section applies if a partnership that was entered into for a fixed term is continued—
a: after the term has ended; and
b: without any new express agreement.
2: The rights and duties of the partners remain the same as they were at the end of the fixed term (to the extent that those rights and duties are consistent with the features of a partnership at will).
3: A partnership is presumed to be continued if the business is continued—
a: by the partners or by those partners who habitually acted in the business during the fixed term; and
b: without any settlement or liquidation of the partnership’s affairs. 1908 No 139 s 30
69: Partnership dissolved by death or bankruptcy
1: A partnership is dissolved with respect to all the partners by the death or bankruptcy of any partner.
2: This section is subject to any agreement between the partners. 1908 No 139 s 36(1)
70: Partnership may be dissolved if partner’s interest in property is charged
1: If a partner allows their interest in the partnership property to be charged under this Act for the partner’s separate debt ( see section 42
2: The decision of the other partners to dissolve the partnership must be unanimous. 1908 No 139 s 36(2)
71: Partnership dissolved if unlawful
A partnership is dissolved if an event occurs that makes it unlawful for—
a: the partnership business to be carried on; or
b: the partners to carry on the business in partnership. 1908 No 139 s 37
72: Court may dissolve partnership
The court may, on an application under section 73
a: a partner is a mentally impaired person who, in the opinion of the court, permanently lacks wholly or partly the competence to manage their own affairs; or
b: a partner is in any other way permanently incapable of performing the partner’s part of the partnership agreement; or
c: a partner is guilty of conduct that, in the opinion of the court after having regard to the nature of the business, is calculated to prejudicially affect the carrying on of the business; or
d: a partner—
i: wilfully or persistently breaches the partnership agreement; or
ii: otherwise acts in matters relating to the partnership business in such a manner that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with the partner; or
e: the partnership business can be carried on only at a loss; or
f: circumstances have arisen that, in the opinion of the court, make it just and equitable to dissolve the partnership. 1908 No 139 s 38
73: Application to court
1: An application, in the case of section 72(a)
a: may be made by any partner; or
b: may be made on behalf of the partner referred to in that paragraph by—
i: the partner’s manager appointed under the Protection of Personal and Property Rights Act 1988
ii: the partner’s next friend; or
iii: a person who is entitled to intervene.
2: An application, in the case of paragraph (b), (c), or (d) section 72
3: An application, in the case of section 72(e) or (f) 1908 No 139 s 38 Dissolving a partnership
74: Right to notify dissolution
When a partnership is dissolved or when a partner leaves the firm, any partner may—
a: publicly notify that fact; and
b: for the purpose of that notification, require the other partners to consent to, or otherwise co-operate in the performance of, all necessary or proper acts (if any) that cannot be done without the other partners’ consent or co-operation. 1908 No 139 s 40
75: Continuing authority of partners for purposes of winding up and completing transactions
1: This section applies after a partnership is dissolved.
2: The authority of each partner to bind the firm, and the other rights and obligations of the partners, continue (despite the dissolution) to the extent that is necessary—
a: to wind up the affairs of the partnership; and
b: to complete transactions begun before, but unfinished at, the time that the partnership is dissolved.
3: The authority and the rights and obligations do not otherwise continue.
4: Despite subsection (2)
5: Subsection (4)
a: represented themselves as a partner of the bankrupt; or
b: knowingly allowed themselves to be represented as a partner of the bankrupt. 1908 No 139 s 41
76: Application of partnership property
1: When a partnership is dissolved, every partner is entitled as against the other partners, and all persons who claim through them in respect of their interests as partners, to have—
a: the partnership property applied in payment of the debts and liabilities of the firm; and
b: the surplus assets (after the payment of those debts and liabilities) applied in payment of what may be due to each of the partners (after deducting what may be due from them as partners).
2: For the purpose of this section, a partner or the partner’s representatives may, on the dissolution of the partnership, apply to the court to wind up the business and affairs of the partnership. 1908 No 139 s 42
77: Court may order repayment of premium if partnership prematurely dissolved
1: This section applies if—
a: one partner has paid a premium to another on entering into a partnership for a fixed term; and
b: the partnership is dissolved before the end of that term (except if it is dissolved because of the death of a partner).
2: The court may order the repayment of the premium or of a part of the premium that it thinks just.
3: For the purposes of subsection (2)
a: the terms of the partnership agreement; and
b: the length of time that the partnership lasted.
4: However, subsection (2)
a: the dissolution of the partnership is, in the judgment of the court, entirely or mainly due to the misconduct of the partner who paid the premium; or
b: the partnership is dissolved by an agreement that contains no provision for a return of any part of the premium. 1908 No 139 s 43
78: Rights where partnership dissolved for fraud or misrepresentation
1: If a partnership agreement is rescinded on the ground of the fraud or misrepresentation of one of the parties to the agreement, the party who is entitled to rescind ( A
a: to a lien on, or right of retention of, the surplus of the partnership assets (after satisfying the partnership liabilities) for—
i: any sum of money paid by A for the purchase of a share in the partnership; and
ii: any capital contributed by A; and
b: to stand in the place of the creditors of the firm for any payments made by A in respect of the partnership liabilities; and
c: to be indemnified, by the person guilty of the fraud or of making the representation, against all the debts and liabilities of the firm.
2: The rights in subsection (1) 1908 No 139 s 44
79: Right of outgoing partner or partner’s estate to share profits or obtain interest
1: This section and section 80
a: a member of a firm ( A
b: the surviving or continuing partners carry on the business of the firm with its capital or assets without any final settlement of accounts as between the firm and A or A’s estate.
2: A or A’s estate is entitled, at the option of A or A’s personal representative, to—
a: a share of the profits that are made after the dissolution of the partnership and that the court finds to be attributable to the use of A’s share of the partnership assets; or
b: interest at the rate of 5% per year on the amount of A’s share of the partnership assets.
3: Subsection (2) 1908 No 139 s 45(1)
80: Option to purchase share of outgoing or deceased partner
1: Despite section 79
a: under the partnership agreement, the surviving or continuing partners have an option to purchase the interest of a deceased or an outgoing partner; and
b: the surviving or continuing partners exercise that option.
2: However, if a partner who is purporting to exercise the option does not, in all material respects, comply with the terms of the option, the partner is liable to account under section 79 1908 No 139 s 45(2)
81: Retiring or deceased partner’s share is debt
1: The amount due from surviving or continuing partners to an outgoing partner or the personal representatives of a deceased partner, in respect of the outgoing or deceased partner’s share, is a debt accruing at the date of the dissolution or death.
2: This section is subject to any agreement between the partners. 1908 No 139 s 46
82: Rules for distributing assets on final settlement of accounts
1: Sections 83 84
2: This section and sections 83 84 1908 No 139 s 47
83: Losses
Losses (including losses and deficiencies of capital) must be paid—
a: first out of profits:
b: next out of capital:
c: lastly, if necessary, by the partners individually in the proportion in which they are entitled to share the profits. 1908 No 139 s 47(a)
84: Application of assets
The assets of the firm, including the sums (if any) contributed by the partners to make up losses or deficiencies of capital, must be applied in the following manner and order:
a: in paying the debts and liabilities of the firm to persons who are not partners in the firm:
b: in paying to each partner rateably what is due from the firm to the partner for advances (as distinguished from capital):
c: in paying to each partner rateably what is due from the firm to the partner in respect of capital:
d: in dividing the remainder (if any) among the partners in the proportion in which they are entitled to share the profits. 1908 No 139 s 47(b)
3: Repeal and consequential amendments
85: Partnership Act 1908 repealed
The Partnership Act 1908 2020-04-21 Partnership Act 1908
86: Amendments to other enactments
The enactments specified in Schedule 4 2020-04-21 Construction Contracts Act 2002 Electricity Industry Act 2010 Financial Markets Conduct Act 2013 Friendly Societies and Credit Unions Act 1982 Goods and Services Tax Act 1985 Income Tax Act 2007 Limited Partnerships Act 2008 Motor Vehicle Sales Act 2003 New Zealand Business Number Act 2016