1: Title
This Act is the COVID-19 Response (Further Management Measures) Legislation Act 2020.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in this section.
2: Schedule 18, Part 1, clause 2 clause 8
3: Schedule 18, Part 1, clauses 3 4 clauses 6 7 9 10
3: Amendments to Acts as set out by ministerial portfolio in Schedules 1 to 19
Amend the Acts specified in Schedules 1 to 19


1: Title
This Act is the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary
Overview
3: Overview of Act
1: This Act provides processes for an entity affected by COVID-19—
a: to, in some circumstances, use electronic means for doing things if its constitution or rules would otherwise prevent this; and
b: to modify certain requirements or restrictions in its constitution or rules if it is not reasonably practicable to comply with them.
2: The processes are in Part 2
3: Modifications made to constitutions or rules under section 13 or 13A see sections 10 , 10A 11
4: This Act also provides, in Part 3
a: powers for responsible Registrars and Ministers to exempt classes of persons from certain provisions of specified enactments; and
b: powers for the Chief Judge of the Māori Land Court to grant relief from compliance with terms of certain orders made under Te Ture Whenua Maori Act 1993
4A: The ability to use the processes in Part 2 Part 3 section 42
4B: Amendments to this Act made by the COVID-19 Response (Management Measures) Legislation Act 2021 initial 2021/22 period section 42B
5: This section is only a guide to the general scheme and effect of this Act. Section 3(3) amended 3 November 2021 clause 4(1)(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 3(3) amended 3 November 2021 clause 4(1)(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 3(4A) inserted 3 November 2021 clause 4(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 3(4B) inserted 3 November 2021 clause 4(2) COVID-19 Response (Management Measures) Legislation Act 2021 Interpretation
4: Meaning of entity
1: In this Act, entity
a: assembled owners under Part 9
b: a building society:
c: a charitable trust board:
d: a company:
e: a credit union:
f: a firm:
g: a friendly society:
h: an incorporated society:
i: an industrial and provident society:
j: a limited partnership:
k: a mandated iwi organisation:
l: a Māori association:
m: a Māori land trust:
n: a Māori incorporation:
o: a body corporate or the trustees of a trust appointed to administer a Māori reservation:
p: a Māori Trust Board.
2: For the purposes of Part 2 entity
3: See section 7
5: Meaning of specified Act
In this Act, specified Act
a: the Building Societies Act 1965
b: the Charitable Trusts Act 1957
c: the Companies Act 1993
d: the Friendly Societies and Credit Unions Act 1982
e: the Incorporated Societies Act 1908
f: the Industrial and Provident Societies Act 1908
g: the Limited Partnerships Act 2008
h: the Maori Community Development Act 1962
i: the Maori Fisheries Act 2004
j: the Maori Trust Boards Act 1955
k: the Partnership Law Act 2019
l: Te Ture Whenua Maori Act 1993
6: Definitions relating to responsible Registrars, agencies, and Ministers
1: This section defines,—
a: for the purposes of Part 2
b: for the purposes of Part 3 Responsible Registrar or agency
2: Responsible Registrar or agency
a: if the entity is listed in any of section 4(1)(b) to (e) or (g) to (j)
b: if the entity is listed in any of section 4(1)(a) or (m) to (o)
c: if the entity is a Māori association or a Māori Trust Board, means the chief executive of Te Puni Kōkiri:
d: if the entity is a mandated iwi organisation, means Te Ohu Kai Moana Trustee Limited.
3: For the purposes of Part 2
4: There is no responsible Registrar or agency in relation to—
a: a firm (within the meaning of the Partnership Law Act 2019
b: a post-settlement governance entity of a type not listed in section 4(1) Responsible Registrar or Minister
5: For the purposes of the powers to grant exemptions under Part 3 responsible Registrar or Minister
a: in relation to each specified Act listed in section 5(a) to (g)
b: in relation to the Partnership Law Act 2019
c: in relation to the Maori Community Development Act 1962 Maori Trust Boards Act 1955 Te Ture Whenua Maori Act 1993
d: in relation to the Maori Fisheries Act 2004
7: Interpretation
In this Act, unless the context otherwise requires,— amendment date COVID-19 Response (Management Measures) Legislation Act 2021 building society section 2(1) charitable trust board Part 2 commencement date company section 2(1) constitution or rules
a: in the case of a company, the constitution of the company; and
b: in the case of any other entity, the documents or instruments constituting or defining the constitution or rules of the entity credit union section 2 electronic section 209 electronic communication section 209 entity section 4 firm Partnership Law Act 2019 friendly society
a: is of the kind specified in section 11(1)(a)
b: is registered under Part 2 further period 1 May 2022 section 42B give
a: to send, post, serve, lodge, provide, or present; and
b: any of the other actions specified in section 224(4) governing body
a: in relation to a company, the board:
b: in relation to a firm, the partners:
c: in relation to a limited partnership, the general partners:
d: in relation to a body corporate or unincorporate, other than a company, firm, or limited partnership, the committee or other governing body by whatever name called governing officer
a: in relation to a company, any person occupying the position of a director of the company by whatever name called:
b: in relation to a firm, any partner:
c: in relation to a limited partnership, any general partner:
d: in relation to a body corporate or unincorporate, other than a company, firm, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company incorporated society Incorporated Societies Act 1908 industrial and provident society Industrial and Provident Societies Act 1908 information initial 2021/22 period initial period joint Ministers limited partnership section 51 mandated iwi organisation section 5 Māori association section 2 Māori incorporation Part 13 Māori land trust Part 12 Māori reservation section 338 Māori Trust Board section 2 modify post-settlement governance entity Registrar of Companies section 357(1) relevant period
a: in Part 2 section 9(a) and (b)
b: in Part 3 section 25(a) and (b) responsible Registrar or agency section 6 responsible Registrar or Minister section 6 specified Act section 5 specified enactment
a: means a specified Act and any enactments made under the specified Act; and
b: in the case of the Maori Fisheries Act 2004, includes rules made by Te Ohu Kai Moana Trustee Limited under section 54(1)(b) Section 7 amendment date inserted 3 November 2021 clause 5(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 7 further period amended 3 November 2021 clause 5(2)(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 7 further period amended 3 November 2021 clause 5(2)(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 7 initial 2021/22 period inserted 3 November 2021 clause 5(1) COVID-19 Response (Management Measures) Legislation Act 2021 Act binds the Crown
8: Act binds the Crown
This Act binds the Crown.
2: Electronic means and modifications relating to constitution or rules
Application
9: Sections 10A and 13A apply for relevant period
Each of sections 10A 13A
a: for the initial 2021/22 period; and
b: if its application is extended by an Order in Council made under section 42B Section 9 replaced 3 November 2021 clause 6 COVID-19 Response (Management Measures) Legislation Act 2021 Section 9(b) extended 30 April 2022 clause 4(a) COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2022 Electronic means
10: When electronic means permitted despite constitution or rules
Section 10 repealed 1 April 2021 section 43(1)
10A: When electronic means permitted despite constitution or rules
Section 10A repealed 1 November 2022 section 43(1A)
11: Electronic voting
1: No vote may be taken or received (wholly or partly) by electronic means in reliance on section 10A
a: believe, on reasonable grounds, that the provisions in the entity’s constitution or rules that relate to the integrity of the voting process—
i: are or will be substantively complied with; and
ii: will not be substantively compromised as a consequence of the vote; and
b: sign a certificate certifying as to their beliefs under paragraph (a) and recording the reasons why, and keep that certificate with the entity’s records.
2: In forming their beliefs under subsection (1)(a), the matters to which the governing officers must have regard include—
a: whether, if a vote or other part of a voting process is done (wholly or partly) by electronic means, all persons who are entitled to vote will have a reasonable opportunity to vote and participate in the process; and
b: whether any person who is entitled to vote may suffer a material detriment. Section 11(1) amended 3 November 2021 clause 8 COVID-19 Response (Management Measures) Legislation Act 2021
12: Conditions
1: The conditions that permit a matter to be done in reliance on section 10A
a: to the extent that doing the matter by electronic means relates to—
i: having information in electronic form (instead of in writing), section 222
ii: recording information in electronic form (instead of in writing), section 223
iii: giving information in electronic form (instead of giving it in writing), section 224
iv: an electronic signature (instead of a non-electronic signature), section 226 227
v: retaining an electronic form of information (instead of retaining the information in paper or any other non-electronic form), section 229
vi: providing or producing information in electronic form (instead of providing or producing the information in paper or any other non-electronic form), section 232
vii: providing access to information in electronic form (instead of providing access to the information in paper or any other non-electronic form), section 234
b: the entity must keep a record of—
i: the electronic communications used to do the matter (if any); and
ii: the reasons for the belief of the majority of its governing officers referred to in section 10A(1)(b)
c: the entity must make reasonable efforts to notify all members and governing officers of the matter for which section 10A
d: the entity must give to the responsible Registrar or agency a written notice that—
i: identifies the matter for which section 10A
ii: contains, or is accompanied by, a copy of the record referred to in paragraph (b)(ii).
2: For the purposes of meeting any conditions in subsection (1)(a) to (c), an entity may treat a person as having consented to use, provide, accept, or receive information and electronic signatures by email if—
a: the person has previously notified the entity of an electronic address that the person uses; and
b: the entity has no reason to believe that the address is incorrect; and
c: the entity believes, on reasonable grounds, that the use of email to give the information or signature will not materially disadvantage the person; and
d: the person has not expressly told the entity that the person wants to use, provide, accept, or receive the particular information or signature by some means other than by email.
3: If subsection (1)(c) or (d) is not complied with before the matter is done, it must be complied with as soon as reasonably practicable after the matter is done.
4: If there is more than 1 responsible Registrar or agency, the entity must give the notice under subsection (1)(d) to each of them.
5: Subsection (1)(d) does not apply to a firm (within the meaning of the Partnership Law Act 2019 section 4(1) Section 12(1) amended 3 November 2021 clause 9(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 12(1)(b)(ii) amended 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 12(1)(c) amended 3 November 2021 clause 9(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 12(1)(d)(i) amended 3 November 2021 clause 9(3) COVID-19 Response (Management Measures) Legislation Act 2021 Modifications to constitution or rules
13: Process for modifying certain requirements or restrictions in constitution or rules
Section 13 repealed 1 April 2021 section 43(1)
13A: Process for modifying certain requirements or restrictions in constitution or rules
Section 13A repealed 1 November 2022 section 43(1A)
14: Matters that may be modified under
section 13A
1: Section 13A
a: calling or holding meetings (including procedures at meetings):
b: a method or form of voting:
c: giving or receiving information:
d: making or keeping new records:
e: a method or form of dispute resolution:
f: a method or form of disciplinary procedure:
g: a waiver, suspension, deferral, or reduction of fees or other amounts payable by members of the entity to the entity:
h: a deferral of auditing, assurance, or financial reporting or review requirements:
i: use of electronic means to do any matter listed in section 10A(2)
j: other procedural or administrative processes.
2: However, the list in subsection (1) is subject to regulations made under section 42A(1)(a)(i) or (iii)
3: If there is any inconsistency between this section and section 15(a) to (j) Section 14 heading amended 3 November 2021 clause 11(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 14(1) amended 3 November 2021 clause 11(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 14(1)(i) amended 3 November 2021 clause 11(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 14(2) amended 3 November 2021 clause 11(4) COVID-19 Response (Management Measures) Legislation Act 2021
15: Matters that may not be modified under
section 13A Section 13A
a: the purpose or objects of the entity:
b: the powers of the entity (other than a procedural or an administrative power):
c: the sale, transfer, or other disposition of real or personal property:
d: voting rights or rights to a dividend or other distribution:
e: the number, or need, for a quorum:
f: rights of access to courts, tribunals, or arbitral tribunals:
g: the duties of the governing body or governing officers (other than a procedural or an administrative duty):
h: fees or other payments (other than a waiver, suspension, deferral, or reduction of fees or other amounts payable by members of the entity to the entity):
i: an alteration or addition made to the constitution or rules by an order of a court:
j: any matter if the modification to that matter has a material detrimental effect (direct or indirect) on the substantive rights or powers of any creditor or other person:
k: any matter that is prescribed by regulations made under section 42A(1)(a)(ii)
l: any other matter that is not listed in section 14 Section 15 heading amended 3 November 2021 clause 12(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 15 amended 3 November 2021 clause 12(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 15(k) amended 3 November 2021 clause 12(3) COVID-19 Response (Management Measures) Legislation Act 2021
16: Retrospective modifications
1: This section applies to the extent that a modification made under section 13A
a: omitting to do a required act by a due date that is before the date on which the modification is made:
b: an act done in an attempt to do an act required to be done by a due date that is before the date on which the modification is made.
2: The modification is treated as validly made on or immediately before the due date if—
a: the due date is no earlier than the amendment date
b: the modification is made by the entity no later than 3 months after the amendment date
3: To the extent that the modification relates to a due date earlier than the amendment date Section 16(1) amended 3 November 2021 clause 13(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 16(2)(a) amended 3 November 2021 clause 13(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 16(2)(b) amended 3 November 2021 clause 13(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 16(3) amended 3 November 2021 clause 13(2) COVID-19 Response (Management Measures) Legislation Act 2021
17: Modifications must expire
Modifications made in initial 2021/22 period
1: A modification made under section 13A initial 2021/22 period initial 2021/22 period
2: However, subsection (3) applies if—
a: a modification made by an entity is in force immediately before the end of the initial 2021/22 period
b: an Order in Council is made under section 42B(1)(b)
3: The modification does not expire at the end of the initial 2021/22 period
4: Subsection (3) does not apply if the modification expressly states that it will not apply in any further period. Modifications made in further period
5: A modification made by an entity under section 13A Section 17(1) heading amended 3 November 2021 clause 14(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(1) amended 3 November 2021 clause 14(2)(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(1) amended 3 November 2021 clause 14(2)(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(2)(a) amended 3 November 2021 clause 14(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(2)(b) amended 3 November 2021 clause 14(4) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(3) amended 3 November 2021 clause 14(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(5) amended 3 November 2021 clause 14(5) COVID-19 Response (Management Measures) Legislation Act 2021
18: Conditions
1: An entity that relies on section 13A
a: keep a written record of—
i: the notice of the modification; and
ii: its reasons as to how the requirements of section 13A
iii: the reasons for the beliefs of the majority of its governing officers referred to in section 13A(2)(c), (e), and (f)
b: as soon as practicable after making the modification, make reasonable efforts to notify all members and governing officers of the entity of the modification; and
c: as soon as practicable after making the modification, give to the responsible Registrar or agency a written notice that—
i: states that the entity is relying on section 13A
ii: contains, or is accompanied by, a copy of the written record referred to in paragraph (a); and
iii: contains, or is accompanied by, a certificate by a governing officer of the entity certifying that, in making the modification, all requirements of this Act were complied with.
2: If there is more than 1 responsible Registrar or agency, the entity must give the notice under subsection (1)(c) to each of them.
3: Subsection (1)(c) does not apply to a firm (within the meaning of the Partnership Law Act 2019 section 4(1) Section 18(1) amended 3 November 2021 clause 15(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 18(1)(a)(ii) amended 3 November 2021 clause 15(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 18(1)(a)(iii) amended 3 November 2021 clause 15(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 18(1)(c)(i) amended 3 November 2021 clause 15(2) COVID-19 Response (Management Measures) Legislation Act 2021
19: Electronic means permitted for doing certain things to make modification
1: This section applies if,—
a: because of a restriction or requirement in an entity’s constitution or rules, 1 or more matters in subsection (2) may not be done by electronic means, or a majority of an entity’s governing officers, in good faith, believe that there is uncertainty as to whether the matter may be done by electronic means; and
b: the majority of the entity’s governing officers believe, in good faith, that it is not reasonably practicable to do the matter by non-electronic means.
2: The matters relate to a modification under section 13A
a: making and signing the written notice of modification:
b: recording the beliefs under section 13A(2)(c), (e), and (f)
c: compliance with any condition in section 18
3: If this section applies,—
a: the matter may be done, wholly or partly, by electronic means; and
b: if done by electronic means, the matter has legal effect to the same extent as if it had been done by non-electronic means in accordance with the constitution or rules.
4: However, subsection (3) is subject to the conditions in section 12(1)(a) and (b)(i)
5: In order to do the matter by electronic means, it is not necessary to comply with a paper-based format requirement within the meaning of section 225
6: This section does not affect any legal requirement to the extent that the requirement relates to the content of information. Section 19(2) amended 3 November 2021 clause 16(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 19(2)(b) amended 3 November 2021 clause 16(2) COVID-19 Response (Management Measures) Legislation Act 2021
20: Modified method or form of voting may not be used for certain matters
1: A vote may not be taken or received (wholly or partly) in reliance on a modification made under section 13A
a: an amendment to an entity’s constitution or rules (other than an amendment described in subsection (2)); or
b: any matter listed in section 15
2: Subsection (1)(a) does not prevent a vote being taken or received (wholly or partly) in reliance on a modification made under section 13A section 17 Section 20(1) amended 3 November 2021 clause 17 COVID-19 Response (Management Measures) Legislation Act 2021 Section 20(2) amended 3 November 2021 clause 17 COVID-19 Response (Management Measures) Legislation Act 2021
21: Variation and revocation
1: An entity that desires to vary a modification made under section 13A
2: A modification made by an entity under section 13A
3: An entity must comply with section 18 Section 21(1) amended 3 November 2021 clause 18 COVID-19 Response (Management Measures) Legislation Act 2021 Section 21(2) amended 3 November 2021 clause 18 COVID-19 Response (Management Measures) Legislation Act 2021 Records
22: Responsible Registrar or agency’s obligations to register or publish
1: This section applies when a responsible Registrar or agency receives a written notice under this Part.
2: A Registrar receiving the notice—
a: must arrange for particulars about the notice (including particulars about information contained in, or accompanying, the notice) to be registered on the relevant register; and
b: may otherwise make the particulars available to the public in any way the Registrar thinks fit (for example, by publishing them on an Internet site).
3: An agency receiving the notice must make particulars about the notice (including particulars about information contained in, or accompanying, the notice) available to the public, but may do so in any way the agency thinks fit (for example, by publishing them on an Internet site).
23: Entity’s obligations to keep records
1: On and from 1 April 2021 in reliance on section 10 13
2: On and from the end of the relevant period, the obligations that an entity has under other enactments in relation to the keeping of entity records apply to all written records and electronic communications made by or under this Part in reliance on section 10A 13A Section 23(1) amended 3 November 2021 clause 19(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 23(1) amended 3 November 2021 clause 19(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 23(2) inserted 3 November 2021 clause 19(3) COVID-19 Response (Management Measures) Legislation Act 2021
3: Exemption powers and power to grant relief
Purpose and application
24: Purpose
The purpose of this Part is to enable the modification or relaxation of described procedural or administrative matters in specified enactments and certain orders that—
a: are unduly onerous or burdensome because of the effects of COVID-19; or
b: may not be reasonably capable of being complied with, or complied with fully, because of the effects of COVID-19.
25: Powers may only be exercised during relevant period
Every power to grant exemptions under section 26A section 30A
a: during the initial 2021/22 period; and
b: if extended by an Order in Council made under section 42B Section 25 replaced 3 November 2021 clause 20 COVID-19 Response (Management Measures) Legislation Act 2021 Section 25(b) extended 30 April 2022 clause 4(b) COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2022 Section 25(b) extended 30 April 2022 clause 4(c) COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2022 Powers
26: Responsible Registrar or Minister may grant class exemptions
Section 26 repealed 1 April 2021 section 43(1)
26A: Responsible Registrar or Minister may grant class exemptions
Section 26A repealed 1 November 2022 section 43(1A)
27: Restrictions on exemption powers
1: A responsible Registrar or Minister must not grant an exemption under this Part unless—
a: the responsible Registrar or Minister is satisfied that—
i: granting the exemption is necessary or desirable for the purpose of this Part as set out in section 24
ii: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption; and
iii: the exemption is the most appropriate way of addressing those matters at the time; and
b: the responsible Registrar or Minister has complied with section 28
2: Additionally, if the exemption relates to rules made by Te Ohu Kai Moana Trustee Limited under section 54
28: Engagement about proposed exemption
1: For the purposes of section 27(1)(b)
a: make available a document referred to in subsection (2) to—
i: the persons or representatives of persons that the responsible Registrar or Minister considers appropriate given the proposed effect of the exemption; or
ii: the public generally; and
b: invite those persons to make written comments on the document; and
c: give those persons 3 working days from the making of the invitation within which to make their comments to the responsible Registrar or Minister (or any longer time allowed by the responsible Registrar or Minister); and
d: have regard to those comments that are received within the 3-working-day period (or within the longer time allowed by the responsible Registrar or Minister).
2: The document must include—
a: an explanation of what the exemption is intended to achieve; and
b: a description of the proposed effect of the exemption; and
c: an explanation of why the responsible Registrar or Minister considers that the exemption is necessary or desirable for the purpose of this Part and why the exemption is appropriate.
3: Subsection (1) and section 27(1)(b)
a: engagement is not reasonably practical in the circumstances; or
b: the urgency of the situation requires that the exemption be made as soon as practicable without that engagement; or
c: the exemption benefits the persons referred to in subsection (1)(a)(i) and does not materially detrimentally affect any person; or
d: in the circumstances, engagement is clearly disproportionate to the nature, size, significance, and effect of the exemption.
4: If subsection (3) is relied on, the responsible Registrar or Minister’s reasons for relying on that subsection must be published together with the exemption.
29: Description of provisions from which exemptions may be granted
1: For the purposes of this Act, the provisions of specified enactments for which exemptions may be granted are provisions that relate to any of the following matters:
a: calling or holding meetings (including procedures at meetings):
b: a method or form of voting:
c: giving or receiving information:
d: making or keeping new records:
e: rights to inspect or access information or records:
f: a method or form of dispute resolution (excluding rights of access to courts, tribunals, or arbitral tribunals):
g: a method or form of disciplinary procedures:
h: auditing, assurance, or financial reporting or review requirements:
i: any other matter specified by regulations made under section 42A(1)(b)(i)
2: However, the list in subsection (1) is subject to regulations made under section 42A(1)(b)(ii)
3: No exemption may be granted that results in a process for dispute resolution or a disciplinary procedure that is contrary to the rules of natural justice.
4: No exemption may dilute voting rights.
5: No exemption may dilute the number or need for a quorum. Section 29(1)(i) amended 3 November 2021 clause 22(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 29(2) amended 3 November 2021 clause 22(2) COVID-19 Response (Management Measures) Legislation Act 2021
30: Chief Judge of Māori Land Court may grant relief without application
Section 30 repealed 1 April 2021 section 43(1)
30A: Chief Judge of Māori Land Court may grant relief without application
Section 30A repealed 1 November 2022 section 43(1A) Time frames relevant to exemptions and relief
31: Exemptions may be retrospective to amendment date
1: An exemption under this Part may be granted in respect of past acts or omissions.
2: However, no exemption may relate to an act or omission that occurred before the amendment date. Section 31 replaced 3 November 2021 clause 24 COVID-19 Response (Management Measures) Legislation Act 2021
32: Exemptions that relate to periods of time
An exemption granted under this Part in relation to a requirement that relates to a period of time (for example, a requirement to prepare and lodge financial statements for an accounting period) may, if the responsible Registrar or Minister thinks fit, apply to a period that commenced before the exemption is granted (including a period that ended before the exemption is granted) if—
a: the exemption is granted before the requirement would otherwise need to be complied with under the specified enactment; or
b: section 31
33: Exemption in force for not longer than relevant period
Exemptions granted in initial 2021/22 period
1: An exemption granted in the initial 2021/22 period initial 2021/22 period
2: Subsection (3) applies if—
a: an exemption is in force immediately before the end of the initial 2021/22 period
b: an Order in Council is made under section 42B section 26A
3: The exemption is not revoked at the close of the initial 2021/22 period
4: Subsection (3) does not apply if the exemption expressly states that it will not apply in any further period. Exemptions granted in further period
5: An exemption granted in the further period (if any) may continue in force until the end of the further period (and, at that point, the exemption must be treated as having been revoked unless it is sooner revoked or expires). 2013 No 69 s 558 Section 33(1) heading amended 3 November 2021 clause 25(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(1) amended 3 November 2021 clause 25(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(2)(a) amended 3 November 2021 clause 25(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(2)(b) amended 3 November 2021 clause 25(4)(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(2)(b) amended 3 November 2021 clause 25(4)(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(3) amended 3 November 2021 clause 25(3) COVID-19 Response (Management Measures) Legislation Act 2021 Breach
34: Breach of exemption conditions
The breach of a term or condition of an exemption granted under this Part is a breach of the provision to which the exemption relates (unless the terms of the exemption otherwise provide). 2013 No 69 s 559 Drafting of exemptions Heading replaced 28 October 2021 section 3 Secondary Legislation Act 2021
35: Drafting of exemptions
1: Before granting an exemption, the responsible Registrar or Minister must—
a: consider whether the exemption should be drafted by the PCO; and
b: if they consider that it should be, notify the Chief Parliamentary Counsel of that decision.
2: In performing that duty, the responsible Registrar or Minister must have regard to—
a: the nature of the exemption; and
b: how significant the exemption is; and
c: the number and nature of the persons to whom the exemption will apply; and
d: the consequences of a failure to comply with a condition of the exemption; and
e: the complexity of the exemption; and
f: the purposes of the Legislation Act 2019
g: any other relevant matters.
3: If the Chief Parliamentary Counsel is given a notice under subsection (1)(b) in relation to an exemption, for the purposes of section 67(d)
4: In this section, Chief Parliamentary Counsel PCO Legislation Act 2019 Section 35 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
36: Exemption is legislative instrument if notice is given
Section 36 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: All exemptions are disallowable instruments
Section 37 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
38: Publication of exemptions that are not legislative instruments
Section 38 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
39: Exemptions must contain reasons
Section 39 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Variation and revocation
40: Variation and revocation
1: A responsible Registrar or Minister may vary or revoke an exemption in the same way as the responsible Registrar or Minister may grant the exemption (with the provisions relating to the granting of the exemption applying with all necessary modifications).
2: However, a notice must be given under section 35(1)(b) 2013 No 69 s 572 Section 40(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
4: Miscellaneous
41: Regulations may change Part 2 or Part 3 matters
Section 41 repealed 1 April 2021 section 43(1)
42: Order in Council may prescribe further period
Section 42 repealed 1 April 2021 section 43(1)
42A: Regulations may change Part 2 or Part 3 matters
Section 42A repealed 1 November 2022 section 43(1A)
42B: Order in Council may prescribe further period
Section 42B repealed 1 November 2022 section 43(1A)
43: Repeals
1: Sections 10 13 26 30 41 42
1A: Sections 10A 13A 26A 30A 42A 42B
2: The rest of this Act is repealed on the close of 30 September 2023 2021-04-01 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 2022-11-01 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 43(1A) sections 10A, 13A, 26A, 30A, 42A, and 42B repealed 2023-10-01 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 43(2) rest of Act repealed on close of 30 September 2023 Section 43(1A) inserted 3 November 2021 clause 27(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 43(2) amended 3 November 2021 clause 27(2) COVID-19 Response (Management Measures) Legislation Act 2021


1: Title
This Act is the Immigration (COVID-19 Response) Amendment Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Immigration Act 2009 principal Act 2020-05-16 Immigration Act 2009
1: Amendments to principal Act
4: New section 11A inserted (Transitional, savings, and related provisions)
After section 11
11A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 50 amended (Conditions on resident visas)
After section 50(4)
4A: The Minister may, by special direction in relation to a class or classes of persons holding resident visas,—
a: vary conditions that would otherwise apply to visas of the relevant types, or that were imposed under this section, that relate to travel to New Zealand:
b: vary or cancel conditions that would otherwise apply to visas of the relevant types, or that were imposed under this section, that relate to employment in New Zealand.
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that—
a: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
i: the outbreak of COVID-19; or
ii: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
iii: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
b: the direction does not materially disadvantage the class or classes of persons to which it relates.
4C: A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a variation or cancellation of a visa condition applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they have applied for.
4D: A special direction under subsection (4A)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4E: This subsection and subsections (4A) to (4D) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
6: Section 52 amended (Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions))
After section 52(4)
4A: The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas,—
a: impose further conditions on the visas, whether or not the conditions are specified in the temporary entry instructions in relation to visas of the relevant types:
b: vary or cancel conditions that would otherwise apply to visas of the relevant types or that were imposed under this section.
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that—
a: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
i: the outbreak of COVID-19; or
ii: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
iii: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
b: the direction—
i: does not materially disadvantage the class or classes of persons to which it relates; or
ii: relates to compliance with directions, orders, or requirements of the Minister of Health, the Director-General of Health, any medical officer of health, or a District Court Judge given or imposed—
A: under the Health Act 1956 or any other Act (whether enacted before or after the Immigration (COVID-19 Response) Amendment Act 2020); and
B: in response to COVID-19.
4C: A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a further visa condition, or a variation or cancellation of a visa condition, applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they have applied for.
4D: A special direction under subsection (4A)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4E: This subsection and subsections (4A) to (4D) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
7: Section 53 amended (Conditions on temporary entry class visas subject to restricted temporary entry instructions)
After section 53(4)
4A: The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas subject to restricted temporary entry instructions,—
a: impose further conditions on the visas, whether or not the conditions are specified in the restricted temporary entry instructions in relation to visas of the relevant types:
b: vary or cancel conditions that would otherwise apply to visas of the relevant types or that were imposed under this section.
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that—
a: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
i: the outbreak of COVID-19; or
ii: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
iii: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
b: the direction—
i: does not materially disadvantage the class or classes of persons to which it relates; or
ii: relates to compliance with directions, orders, or requirements of the Minister of Health, the Director-General of Health, any medical officer of health, or a District Court Judge given or imposed—
A: under the Health Act 1956 or any other Act (whether enacted before or after the Immigration (COVID-19 Response) Amendment Act 2020); and
B: in response to COVID-19.
4C: A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a further visa condition, or a variation or cancellation of a visa condition, applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they have applied for.
4D: A special direction under subsection (4A)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4E: This subsection and subsections (4A) to (4D) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
8: Section 57 amended (Applications for visas)
After section 57(2)
3: The Minister may by special direction waive 1 or more of the prescribed requirements for applying for a visa (whether at an immigration control area or otherwise) in respect of a class or classes of persons.
4: However, the Minister may not make a special direction under subsection (3) unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
5: A waiver made in accordance with subsection (3) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the waiver applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they hold or have applied for.
6: A special direction under subsection (3)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
7: This subsection and subsections (3) to (6) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
9: New section 61A inserted (Grant of visas by special direction)
After section 61
61A: Grant of visas by special direction
1: The Minister may at any time of the Minister’s own volition, by special direction, grant a visa of any type to a person who—
a: is outside New Zealand; or
b: is in New Zealand and holds a temporary entry class visa.
2: The Minister may at any time of the Minister’s own volition, by special direction, grant visas of any type to a class or classes of persons who—
a: are outside New Zealand; or
b: are in New Zealand and hold temporary entry class visas.
3: A visa may be granted under subsection (1) or (2) even if the grant is contrary to immigration instructions.
4: However, the Minister—
a: may not make a special direction under subsection (1) unless satisfied that the grant of the visa does not materially disadvantage the person to whom it is granted:
b: may not make a special direction under subsection (2) unless satisfied that—
i: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
A: the outbreak of COVID-19; or
B: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
C: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
ii: the grant of the visas does not materially disadvantage the class or classes of persons to whom they are granted.
5: A special direction under subsection (2) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a visa is granted by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: any type of visa that they hold or have applied for.
6: A special direction under subsection (2)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
7: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
10: Section 78 amended (Deemed extension of temporary entry class visa expiring during epidemic)
After section 78(2)
2A: Subsection (2) is subject to any extension of the visa by special direction under section 78A
2B: This subsection and subsection (2A) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
11: New section 78A inserted (Extension of temporary entry class visa by special direction)
After section 78
78A: Extension of temporary entry class visa by special direction
1: The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas, extend the visas by a period of up to 6 months from the date on which they would otherwise expire.
2: However, the Minister may not make a special direction under subsection (1) unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
3: A visa extended under subsection (1) must, for all purposes, be treated as if it continues to be a current visa allowing a person to travel to New Zealand, apply for entry permission, and stay in New Zealand, until the earlier of the following events:
a: the visa’s cancellation:
b: the expiration of the period of the extension.
4: Subsection (1) does not require—
a: the endorsement or modification of the visa; or
b: the issue of a document extending the visa; or
c: the grant of a new visa.
5: A visa extension under subsection (1) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the extension applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned.
6: A special direction under subsection (1)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
7: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
12: Section 86 amended (Who must obtain transit visa)
After section 86(4)
4A: The Minister may, by special direction,—
a: waive, in any individual case, the requirement to hold a transit visa:
b: suspend, in any individual case, a transit visa waiver made by regulations referred to in subsection (2)(a).
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
4C: This subsection and subsections (4A) and (4B) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
13: New section 113A inserted (Revocation of deemed entry permission)
After section 113
113A: Revocation of deemed entry permission
1: This section applies if a person’s entry permission is deemed to have been granted under regulations made under this Act.
2: An immigration officer may revoke the entry permission if permitted or required by, and only in accordance with, immigration instructions certified under section 22(1)(b).
3: Subsection (2) applies despite anything in the regulations under which entry permission is deemed to have been granted or in any other provision of this Act.
4: If the person arrives at an immigration control area, entry permission may be revoked at any time before the person leaves the immigration control area.
5: If the person arrives in New Zealand other than at an immigration control area, entry permission may be revoked within 72 hours of the person first arriving in New Zealand.
6: A revocation under this section is made by entry on the records of the Department and takes effect immediately.
7: Without limiting the generality of section 22, immigration instructions certified under section 22(1)(b) may provide for the revocation of entry permission that is deemed to have been granted under regulations made under this Act.
8: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
14: Section 378 amended (Special directions)
1: Before section 378(2)(a)
aaa: varying or cancelling conditions of resident visas in relation to any class of persons, in accordance with section 50(4A)
aab: imposing, varying, or cancelling conditions of temporary entry class visas in relation to any class of persons, in accordance with section 52(4A) or 53(4A)
aac: waiving 1 or more prescribed requirements for applying for a visa in relation to any class of persons, in accordance with section 57(3)
aad: granting, at any time and of the Minister’s own volition, visas of any type to any class of persons, in accordance with section 61A(2)
2: After section 378(2)(b)
ba: extending temporary entry class visas in relation to any class of persons, in accordance with section 78A(1)
3: After section 378(2)
2A: This subsection and subsection (2)(aaa) to (aad) and (ba) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
15: Section 380 amended (Delegation of Minister’s powers)
1: After section 380(1)(c)
ca: the power to make a special direction under section 50(4A)
cb: the power to make a special direction under section 52(4A) or 53(4A)
cc: the power to make a special direction under section 57(3)
cd: the power to make a special direction under section 61A(2)
2: After section 380(1)(d)
da: the power to make a special direction under section 78A(1)
3: After section 380(1)
1A: This subsection and subsection (1)(ca) to (cd) and (da) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
16: New sections 401A and 401B inserted
After section 401
401A: Regulations relating to suspending ability to make applications for visas and expressions of interest
1: Without limiting the generality of section 400, regulations made under that section may suspend the ability of all persons, or of any class of persons, who are outside New Zealand to—
a: apply for a particular class or type of visa; or
b: submit an expression of interest in obtaining an invitation to apply for a particular class or type of visa.
2: Subsections (3) to (7) apply to regulations made for the purposes of subsection (1).
3: The regulations may—
a: provide for different periods of suspension for different classes of people and different classes and types of visa; and
b: without limiting the generality of the manner in which persons may be classified, classify persons by reference to all or any of the following:
i: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
ii: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
iii: any other type of visa that they hold or have applied for:
iv: any other factor that is relevant to containing or mitigating the outbreak of COVID-19 or its effects; and
c: without limiting the generality of the manner in which classes or types of visa may be classified, classify classes or types of visa by reference to all or any of the following:
i: in the case of a temporary visa, the name and description of the visa as provided in the immigration instructions:
ii: whether an application for the visa is required by or under the regulations to be made online:
iii: any specific information or evidence that is required by the regulations or the immigration instructions to be provided in order for an application for the visa to be made.
4: The Minister must not recommend the making of the regulations unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
5: A suspension may be for a period not exceeding 3 months specified in the regulations.
6: If the requirements of subsection (4) continue to be met, regulations may from time to time be made under section 400 that extend the period of a suspension already in force for a further period not exceeding 3 months.
7: An extension referred to in subsection (6) may only be made before the end of the period to be extended.
8: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
401B: Provisions relating to regulations made for purposes of section 401A
1: If the making of an application for a class or type of visa by all persons or by any class of persons is suspended by regulations made for the purposes of section 401A
a: no person or, as the case may be, no person in the relevant class of persons may apply for a visa of that class or type; and
b: if a person purports to apply for a visa contrary to paragraph (a), the application is deemed not to have been made.
2: If the ability of all persons or of any class of persons to submit an expression of interest in relation to a class or type of visa is suspended by regulations made for the purposes of section 401A
a: no person or, as the case may be, no person in the relevant class of persons may submit an expression of interest in obtaining an invitation to apply for a visa of that class or type; and
b: if a person purports to submit an expression of interest in obtaining an invitation to apply for a visa contrary to paragraph (a), the expression of interest is deemed not to have been submitted.
3: To avoid doubt, no suspension provided for by regulations made for the purposes of section 401A
4: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
17: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 1
2: Provisions of principal Act to be read as modified
18: New section 403B and cross-heading inserted
After section 403A Modifications of Act relating to COVID-19 outbreak
403B: Modifications of Act relating to COVID-19 outbreak
1: The provisions of this Act identified in Schedule 6
2: This section and Schedule 6
19: New Schedule 6 inserted
After Schedule 5 Schedule 2


1: Title
This Act is the Family Court (Supporting Families in Court) Legislation Act 2020.
2: Commencement
This Act comes into force on 1 July 2020.
1: Amendments to Care of Children Act 2004
3: Amendments to Care of Children Act 2004
This Part amends the Care of Children Act 2004 2020-07-01 Care of Children Act 2004
4: Section 7A repealed (Lawyers acting for parties)
Repeal section 7A
5: Section 143 amended (Appeals to High Court)
Repeal section 143(3A)(c)
6: Schedule 1AA amended
In Schedule 1AA, after Part 1
2: Provisions relating to Family Court (Supporting Families in Court) Legislation Act
2020
3: Interpretation
In this Part,— 2020 Act 2020 pending proceedings
4: Lawyers may act in pending proceedings
On and from 1 July 2020 a lawyer may act for any party to a pending proceeding (including representing a party at a settlement conference) even though before the repeal on that date of section 7A of this Act (by section 4
2: Amendments to Legal Services Act 2011
7: Amendments to Legal Services Act 2011
This Part amends the Legal Services Act 2011 2020-07-01 Legal Services Act 2011
8: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
9: Section 7 amended (Proceedings for which legal aid may be granted: civil matters)
Repeal section 7(3A), (3B), and (6)
10: New Schedule 1AA inserted
Insert the Schedule 1AA set out in the Schedule


1: Title
This Act is the Customs and Excise (Tobacco) Amendment Act 2020.
2: Commencement
This Act comes into force on 1 July 2020.
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 2020-07-01 Customs and Excise Act 2018
4: Section 4 amended (Overview of Act)
1: After section 4(4)(d)(ii)
iia: tobacco; and
2: In section 4(4)(d)(iii) (subpart 4) (subpart 4 and Schedules 3A and 3B
5: Section 5 amended (Definitions for Act)
1: In section 5(1) tobacco refuse
2: In section 5(1) prohibited imports section 95 or 96 section 95, 95A
6: New section 95A inserted (Prohibition on importation of tobacco and certain tobacco products)
After section 95
95A: Prohibition on importation of tobacco and certain tobacco products
1: The importation of the following goods is prohibited:
a: tobacco leaf:
b: manufactured tobacco, excluding the goods specified in subsection (2)
c: tobacco refuse.
2: The prohibition in subsection (1)
a: cigars:
b: cigarillos:
c: water-pipe tobacco:
d: chewing tobacco:
e: snuff:
f: snus.
3: The prohibition in subsection (1)
a: the person importing the goods—
i: has a permit granted by the chief executive under Schedule 3A
ii: complies with any conditions of the permit; or
b: the goods are in the possession or under the control of a person specified in section 30(1)(a); or
c: the goods—
i: are not unloaded in New Zealand and are destined for a point outside New Zealand; or
ii: are to be, or are being, transhipped internationally, and are covered by a transhipment request made under section 87(2) and granted by the chief executive.
7: Section 181 amended (Notice of seizure)
After section 181(1)
1A: Subsection (1) does not apply in respect of seized goods that are tobacco or tobacco products prohibited from import under section 95A
8: Section 184 amended (Application for review of seizure)
After section 184(2)
3: This section does not apply in respect of seized goods that are tobacco or tobacco products prohibited from import under section 95A
9: Section 185 amended (Condemnation of seized goods)
In section 185(1) section 178 , other than goods that are tobacco or tobacco products prohibited from import under section 95A
10: New sections 185A and 185B inserted
After section 185
185A: Condemnation of seized goods that are tobacco or tobacco products
1: This section applies to goods that—
a: are tobacco or tobacco products prohibited from import under section 95A
b: have been seized under section 178.
2: The goods are condemned to the Crown when they are seized.
185B: Notice of seizure and condemnation of goods that are tobacco or tobacco products
1: If goods have been seized and condemned to the Crown under section 185A
a: any person who Customs knows or believes has an interest in the goods; or
b: if any such person is overseas, his or her agent in New Zealand.
2: The notice must be in writing and contain the reasons for the seizure and condemnation.
3: A seizure and condemnation is not invalid or illegal by reason of a failure to provide a notice under this section if reasonable steps were taken to give the notice.
11: New section 189A and cross-heading inserted
After section 189 Compensation for incorrect disposal of certain goods
189A: Application for compensation for incorrect disposal of tobacco and certain tobacco products
1: This section applies to any person who has imported goods into New Zealand that—
a: are of a kind described in section 95A(1)(a) to (c)
b: have been seized under section 178 and condemned under section 185A section 95A
2: The person may apply to the chief executive for compensation, on the basis that the importation was not in breach of section 95A
3: The application must be made in accordance with Schedule 3B
12: Section 266 amended (Controlled delivery)
Replace section 266(1)(b)(i)
i: been imported in contravention of section 95 or 95A
13: Section 388 amended (Offences in relation to importation or exportation of prohibited goods)
In section 388(1)(e) section 96 or 97 section 95A
14: Section 389 amended (Offences in relation to knowingly importing or exporting prohibited goods)
In section 389(1)(d) section 96 or 97 section 95A
15: Schedule 1 amended
In Schedule 1, after Part 2 Part 3 Schedule 1
16: New Schedules 3A and 3B inserted
After Schedule 3 Schedules 3A and 3B Schedule 2
2: Amendment to Trans-Tasman Mutual Recognition Act 1997
17: Amendment to Trans-Tasman Mutual Recognition Act 1997
1: This section amends the Trans-Tasman Mutual Recognition Act 1997
2: In Schedule 1 section 95 or 95A 2020-07-01 Trans-Tasman Mutual Recognition Act 1997


1: Title
This Act is the Remuneration Authority (COVID-19 Measures) Amendment Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Remuneration Authority Act 1977 principal Act 2020-05-16 Remuneration Authority Act 1977
4: New section 19A inserted (Temporary reduction determinations (COVID-19))
After section 19
19A: Temporary reduction determinations (COVID-19)
1: The Authority may make a determination adjusting the remuneration of an office holder listed in Schedule 4A temporary reduction determination
2: No temporary reduction determination may be made after 30 June 2020.
3: A temporary reduction determination may not reduce the remuneration payable to a person by more than 20%.
4: A temporary reduction determination must—
a: specify the date on which it comes into force (which must be no later than 30 days after the date on which it is made); and
b: specify the determination to which it applies (the original determination
c: specify the adjusted remuneration payable to the person; and
d: require the remuneration specified in the original determination to be read as the adjusted remuneration specified in the temporary reduction determination until the date on which the temporary reduction determination expires; and
e: specify the date on which it expires (which must be no later than 6 months after the date on which it comes into force).
5: A temporary reduction determination is a determination for the purposes of the enactment under which the original determination was made, and the provisions of that enactment that relate to the making of a determination apply to the making of a temporary reduction determination.
6: This section overrides sections 18A(3), 19(1) and (2), and 24.
7: The existence of a temporary reduction determination does not prevent the amendment or replacement of an original determination in accordance with the enactment under which the original determination was made.
8: If the original determination to which a temporary reduction determination applies is amended or replaced, the Authority may amend the temporary reduction determination to specify—
a: the replacement determination to which the temporary reduction determination applies:
b: the adjusted remuneration payable (which must implement a percentage adjustment that is the same as the percentage adjustment that was made when the temporary reduction determination came into force).
9: Subsection (8)
10: This section and Schedule 4A
5: New Schedule 4A inserted
After Schedule 4 Schedule 4A Schedule


1: Title
This Act is the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020.
2: Commencement
This Act comes into force on the day that is 18 months after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Smoke-free Environments Act 1990 principal Act 2021-11-28 Smoke-free Environments Act 1990
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
In section 2 enforcement officer
a: a person appointed under section 91 Section 4 replaced 28 November 2021 section 31(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
5: Section 3A amended (Purposes of this Act)
In section 3A(2) 1, 1A, Section 5 replaced 28 November 2021 section 31(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
6: Section 5 amended (Smoking
and vaping After section 5(2)
3: Nothing in this section permits smoking or vaping see section 20D Section 6 heading amended 28 November 2021 section 31(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6 amended 28 November 2021 section 31(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
7: Section 5A amended (Employer may permit smoking
or vaping In section 5A
2: Nothing in this section permits smoking or vaping see section 20D Section 7 heading amended 28 November 2021 section 31(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7 amended 28 November 2021 section 31(6) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
8: Section 9 amended (Smoking
and vaping After section 9(4)
5: Nothing in this section permits smoking or vaping see section 20D Section 8 heading amended 28 November 2021 section 31(7) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 8 amended 28 November 2021 section 31(8) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
9: New Part 1A inserted
After section 20A
1A: Smoke-free motor vehicles carrying child occupants
20B: Purpose of this Part
The purpose of this Part is to limit children’s exposure to second-hand smoke and other emissions or vaping
20C: Interpretation for this Part
In this Part, unless the context otherwise requires,— child occupant motor vehicle road
20D: Smoking
or vaping
1: A person must not smoke or vape
2: However, a person may smoke or vape
a: the person is the only occupant of the motor vehicle who is under the age of 18 years; or
b: the motor vehicle is—
i: manufactured for use as an occasional or permanent dwelling; and
ii: stationary on a road and in use as a dwelling.
3: A person who contravenes subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $50; or
b: a fine imposed by a court not exceeding $100.
4: Sections 88 to 90
a: the infringement offence were an infringement offence defined in section 87
b: the infringement fee in subsection (3)(a) were an infringement fee specified in section 87
c: a constable were the enforcement officer referred to in those sections.
20E: Constable’s powers
1: A constable who sees a person smoking or vaping
a: signal or request the driver of the motor vehicle to stop the vehicle as soon as practicable:
b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
c: require the person who is smoking or vaping or vaping
d: require any person who is smoking or vaping
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
2: A constable who sees a person smoking or vaping
a: by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop:
b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
c: require the person who is smoking or vaping or vaping
d: require any person who is smoking or vaping
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
3: Despite subsection (1) subsection (1)(c) and (d)
a: manufactured for use as an occasional or permanent dwelling; and
b: stationary on a road and in use as a dwelling. Offences
20F: Offences in respect of constables
A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person—
a: intentionally obstructs, hinders, or resists a constable exercising or attempting to exercise powers under section 20E
b: intentionally fails to comply with a requirement under section 20E
c: when required under section 20E(1)(d) or (2)(d) Section 9 amended 28 November 2021 section 31(9) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(10) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(11) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(12) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(13) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(14) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(15) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(16) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
10: Section 38B amended (Commission of infringement offences)
Section 10 repealed 28 November 2021 section 31(17) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2: Amendment to Summary Proceedings Act 1957
11: Summary Proceedings Act 1957 amended
1: This section amends the Summary Proceedings Act 1957
2: In section 2(1) infringement notice section 20D or 2021-11-28 Summary Proceedings Act 1957 Section 11(2) replaced 28 November 2021 section 31(18) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020


1: Title
This Act is the Social Security (COVID-19 Income Relief Payment to be Income) Amendment Act 2020.
2: Commencement
This Act comes into force on 8 June 2020.
3: Principal Act
This Act amends the Social Security Act 2018 2020-06-08 Social Security Act 2018
1: Substantive amendments
4: Schedule 2 amended
In Schedule 2 COVID-19 income relief payment COVID-19 Income Relief Payment Programme
a: that programme as approved and established under section 101; or
b: if that programme is revoked, a programme—
i: also approved and established under section 101; and
ii: that, with or without modification, replaces, or that corresponds to, that programme
5: Schedule 3 amended
1: In Schedule 3, clause 8(a) any benefit, grant, allowance, or concession received by the person under this Act (but see clause 8A
2: In Schedule 3, after clause 8, insert:
8A: Exception to exclusion in clause 8(a): income includes COVID-19 income relief payment
1: Despite clause 8(a), a person’s income includes a COVID-19 income relief payment received by the person.
2: However, a payment of that kind is not income of the person for the purposes of the COVID-19 Income Relief Payment Programme.
2: Transitional, savings, and related provisions
6: Schedule 1 amended
In Schedule 1 Part 3 Part 4 Schedule