1: Title
This Act is the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011.
2: Commencement
1: Sections 7 9 10 12 13(3) 15(2) 16(2) 17(1) 18
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act amended
This Act amends the Smoke-free Environments Act 1990 2012-07-23 Smoke-free Environments Act 1990 s 2(1)—Sections 7, 9, 10, 12, 13(3), 15(2) to (5), 16(2), 17(1) to (3) and (5), and 18 come into force at the end of the period of 12 months that starts on the day after the date on which this Act receives the Royal assent. 2011-07-23 Smoke-free Environments Act 1990 s 2(2)—rest of this Act
1: Amendments relating to controls on tobacco products
Purpose of Part
4: Purpose of this Part
The purpose of this Part is to amend the principal Act so that it—
a: generally prohibits the display of tobacco products in or at the outside of retail and other sales outlets, but also provides for temporary transitional exemptions from compliance during a 12-month transition period:
b: prohibits the display, on the outside of retail premises, of retailers' names or trading names that are or include words, phrases, trade marks, or company names that have the effect of advertising the availability of tobacco products:
c: treats sales-outlet notices or signs and Internet-sales messages that are or include tobacco product health or purchase age information or warnings as prohibited advertisements unless those sales-outlet notices or signs or Internet-sales messages are ones that it requires or permits:
d: requires people who offer tobacco products or herbal smoking products for Internet sale to make visible on their Internet sites health and purchase age information or warnings:
e: prohibits (more fully, or for the first time) manufacturers, importers, distributors, and retailers of tobacco products from sponsoring activities involving the use of tobacco product trade marks:
f: prohibits manufacturers, importers, distributors, and retailers of tobacco products from sponsoring activities involving exclusive supply arrangements:
g: facilitates the enforcement of prohibitions on distribution or supply of tobacco products free of charge or at a reduced charge, or with rewards, by providing that a term of an arrangement has no effect if compliance with the term would prevent or limit compliance with those prohibitions:
h: is adjusted by related amendments and repeals. Preliminary and general provisions
5: Title repealed
The Title
6: Heading to section 1, etc, amended
1: The heading to section 1 Short
2: Section 1(1) may be cited as is
7: Interpretation
1: Section 2(1) children's product face pouch pack tobacconist's shop tobacco packages in a visible stack
2: Section 2(1) Internet sale
a: has been entered into using the Internet between—
i: a seller whose business is or includes offering the product for sale (whether by retail or wholesale); and
ii: a person (whether the purchaser or a person acting on the purchaser's behalf) who is at a distance from the seller's place of business; and
b: contains a term providing for the product to be delivered by or on behalf of the seller to, or to a place or person chosen by, the purchaser .
8: New section 3A inserted
The following section is inserted after section 3
3A: Purposes of this Act
1: The purposes of this Act are, in general, as follows:
a: to reduce the exposure of people who do not themselves smoke to any detrimental effect on their health caused by smoking by others; and
b: to regulate and control the marketing, advertising, and promotion of tobacco products, whether directly or through the sponsoring of other products, services, or events; and
c: to monitor and regulate the presence of harmful constituents in tobacco products and tobacco smoke; and
d: to establish a Health Sponsorship Council.
2: Subsection (1) Promotion and advertising, and display of tobacco products
9: New sections 22 to 23B substituted
Sections 22
22: Advertising of tobacco products
1: No person may, unless authorised by section 22A or 23
2: A notice or sign must be treated as a tobacco product advertisement if the notice or sign—
a: communicates information that is or includes tobacco product health information or warnings, tobacco product purchase age information or warnings, or both; and
b: is displayed inside or at the outside of the place of business of a person who offers tobacco products for sale (whether by retail or wholesale); and
c: is not required or permitted by this Act, regulations under this Act, or both.
3: A message must be treated as a tobacco product advertisement if the message—
a: communicates information that is or includes tobacco product health information or warnings, tobacco product purchase age information or warnings, or both; and
b: is an Internet-sales message; and
c: is not required or permitted by this Act, regulations under this Act, or both.
4: Subsections (2) and (3) subsection (1)
22A: Exemptions from advertising prohibition for specified publications
Nothing in section 22(1)
a: any price list given to retailers of tobacco products if the price list includes the health messages required by or under this Part:
b: any advertisement included in any book, magazine, or newspaper printed outside New Zealand, or in any radio or television transmission originating outside New Zealand, or in any film or video recording made outside New Zealand, unless—
i: the main purpose of the book, magazine, newspaper, transmission, film, or video recording is the promotion of the use of tobacco products; or
ii: the book, magazine, newspaper, film, or video recording is intended for sale, distribution, or exhibition primarily in New Zealand; or
iii: in the case of an advertisement in any radio or television transmission, the advertisement is targeted primarily at a New Zealand audience:
c: the publication by a tobacco products manufacturer of a tobacco product advertisement in a magazine that is intended for distribution only to employees of the manufacturer:
d: the exhibition, in any museum or art gallery, of any work or artifact:
e: the dissemination, broadcasting, or exhibition of any film, video recording, or sound recording, where—
i: that film, video recording, or sound recording was made before 16 December 1990; and
ii: the tobacco product advertisement included in that film, video recording, or sound recording is in the form of a reference to, or a depiction of, a tobacco product trade mark that is only an incidental part of that film, video recording, or sound recording.
23: Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers
1: A retailer of tobacco products may do all or any of the following things:
a: provide, inside that retailer's place of business, and on a request (however expressed) made for the purpose by a person who has asked to purchase a specified, or any available, tobacco product, any information (in any medium, but only in the form of printed, written, or spoken words) that—
i: does no more than identify the tobacco products that are available for purchase in that place and indicate their price; and
ii: complies with any regulations for the time being in force under section 39(1)(ia)
b: display inside that retailer's place of business any notice for the public that—
i: does no more than indicate, using only printed or written words, the fact that, and the location or locations where, tobacco products in general are available for purchase in that place; and
ii: complies with any regulations for the time being in force under section 39(1)(ib)
c: display the retailer's name or trade name at the outside of the retailer's place of business so long as the name is not and does not include either or both of the following:
i: any word or expression signifying that any tobacco product is available in that place for purchase:
ii: the trade mark of a tobacco product or the company name of a tobacco products manufacturer.
2: Any person who offers any tobacco products for sale (whether by retail or wholesale) by way of an automatic vending machine may display, on the outside of the vending machine, any notice for the public that—
a: does no more than identify (using only printed or written words) the tobacco products and indicate (using only printed or written words) their prices; and
b: complies with any regulations for the time being in force under section 39(1)(ic)
3: Any person who offers any tobacco product for Internet sale (whether by retail or wholesale) may, on a request (however expressed) made for the purpose by another person who has asked to purchase a specified, or any available, tobacco product, allow to be visible on the person's Internet site when people browse, enter, or otherwise access it information that is only in the form of printed or written words, and that—
a: does no more than identify the tobacco product and indicate its price; and
b: complies with any regulations for the time being in force under section 39(1)(id)
23A: Display of tobacco products in or from sales outlets or vending machines generally prohibited
1: A person who offers tobacco products for sale (whether by retail or wholesale) must not allow any part of a tobacco product, tobacco package, or tobacco carton at the outside of or inside the person's place of business to be for any reason visible—
a: from outside the place; or
b: from an area inside the place to which members of the public are allowed access.
2: A person who offers any tobacco product for sale (whether by retail or wholesale) by way of an automatic vending machine must not allow any part of a tobacco product, tobacco package, or tobacco carton to be for any reason visible from outside the machine.
3: Subsection (1) subsection (2)
4: Subsections (1) and (2)
a: to the person at the place or, as the case requires, to the machine; or
b: to its purchaser at or from the place or, as the case requires, from the machine.
5: A tobacco product, tobacco package, or tobacco carton must be treated as being visible only to the extent that is authorised by subsection (4)(a) or (b)
a: to a person and at or from a place or machine specified in that paragraph; and
b: using a form of visible delivery prescribed by any relevant acceptable forms of visible delivery regulations for the time being in force under section 39(1)(ie)
6: Subsections (1) and (2) section 39(1)(if)
23B: Transitional exemption regulations expire 12 months after section 23A comes into force
1: The following enactments expire at the end of the 12-month transition period:
a: sections 23A(6) and 39(1)(if) and (6C)
b: all regulations under section 39(1)(if)
2: The 12-month transition period ends at the close of the period of 12 months that starts on the day on which section 23A section 9 Smoke-free Environments (Controls and Enforcement) Amendment Act 2011
3: On their expiry those enactments are repealed or, as the case requires, revoked. Sponsoring activity involving use of trade mark, etc, of tobacco products
10: New sections 25 and 25A substituted
Section 25
25: Sponsoring activity involving use of trade mark, etc, of tobacco products
1: No person who is a manufacturer, importer, distributor, or retailer of tobacco products may sponsor (within the meaning of subsection (2)
a: a tobacco product trade mark:
b: all or any part of a company name included in a tobacco product trade mark:
c: 1 or more words, logos, colours, shapes, sounds, smells, or other elements of a tobacco product trade mark that, as those 1 or more elements are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elements are used in, on, or through it only or mainly for the purpose of advertising the product.
2: A person sponsors an activity for the purposes of subsection (1) section 25A(1)
a: organises or promotes, before the activity is to take place, or during the time that it takes place, some or all of the activity:
b: makes, before the activity is to take place, or during or after the time that it takes place, any financial or non-financial contribution towards some or all of the activity:
c: makes, before the activity is to take place, or during or after the time that it takes place, any financial or non-financial contribution to any other person in respect of the organisation or promotion, by that other person, of, or the participation, by that other person, in, some or all of the activity.
25A: Sponsoring activity involving exclusive supply arrangement
1: No person who is a manufacturer, importer, distributor, or retailer of tobacco products may sponsor (within the meaning of section 25(2)
2: The arrangement may be a contract, or a legally binding or other agreement, undertaking, or understanding.
3: Subsection (2) subsection (1)
4: This section operates in parallel with (that is, is not subject to, and does not override) the Commerce Act 1986. Arrangements conflicting with Act have no effect
11: New section 28A inserted
The following section is inserted after section 28
28A: Arrangements conflicting with Act have no effect
1: A term has no effect if—
a: it is expressed or implied in an arrangement of any kind in any form; and
b: compliance with it would limit or prevent compliance with section 28(1) or (2).
2: The arrangement may be a contract, or a legally binding or other agreement, undertaking, or understanding.
3: Subsection (2) subsection (1)
4: A person who is, or is claiming through or under, a party to the arrangement may (regardless of whether it is a contract) seek relief under the Illegal Contracts Act 1970 (which applies with the necessary modifications) as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract. Sales-outlet signs and notices, and Internet-sales information or warnings
12: New sections 29AA and 29AAB inserted
The following sections are inserted before section 29A
29AA: Point-of-sale health information or warnings signs
Every person who offers a tobacco product or herbal smoking product for sale (by retail or wholesale) must, at all times when point-of-sale health information or warnings signs regulations under section 39(1)(ig)
a: does no more than communicate health information or warnings (which may, without limitation, be or include the message SMOKING KILLS Ka mate koe i te kai hikareti
b: complies with any regulations for the time being in force under section 39(1)(ig)
29AAB: Internet-sales health information or warnings
1: Every person who offers a tobacco product or herbal smoking product for Internet sale (by retail or wholesale) must, at all times when Internet-sales health information or warnings regulations under section 39(1)(ih)
2: The health information or warnings to be visible—
a: may, without limitation, be or include the message SMOKING KILLS Ka mate koe i te kai hikareti
b: must comply with any regulations for the time being in force under section 39(1)(ih)
13: Sale of tobacco products and herbal smoking products to people under 18 prohibited
1: The heading to section 30 , and sellers' arranging or effecting delivery, Sale
2: Section 30(1) , or having sold it to a person of any age deliver it or arrange for it to be delivered, No person may sell a tobacco product or herbal smoking product
3: Section 30
6: Every person who offers a tobacco product or herbal smoking product for sale by retail must, at all times when point-of-sale purchase age information or warnings regulations under section 39(1)(ii)
a: does no more than communicate information or warnings to the effect that the sale of tobacco products and herbal smoking products to people who are younger than 18 years is prohibited; and
b: complies with any regulations for the time being in force under section 39(1)(ii)
6A: Every person who offers a tobacco product or herbal smoking product for Internet sale (by retail or wholesale) must, at all times when Internet-sales purchase age information or warnings regulations under section 39(1)(ij)
6B: The purchase age information or warnings required by subsection (6A)
a: do no more than communicate information or warnings to the effect that the sale of tobacco products and herbal smoking products to people who are younger than 18 years is prohibited; and
b: comply with any regulations for the time being in force under section 39(1)(ij)
2: Amendments relating to offences, regulations, and purposes
Purpose of Part
14: Purpose of this Part
The purpose of this Part is to amend the principal Act
a: it makes an infringement notice scheme available to enforce specified prohibitions, including the prohibitions on the sale of tobacco products and herbal smoking products to people younger than 18 years:
b: its provisions relating to offences, regulations, and amendments are adjusted in the light of the amendments made to it by this Act. Offences
15: Offences in respect of smoking products
1: The heading to section 36 smoking products tobacco products and herbal smoking products
2: Section 36
1A: A person who, without reasonable excuse, allows a tobacco product, tobacco package, or tobacco carton to be visible in contravention of section 23A(1) or (2)
3: Section 36(3) section 25, organises or promotes any organised activity, or makes any financial contribution towards any organised activity, or makes any financial contribution to any other person in respect of the organisation or promotion, by that other person, of, or the participation, by that other person, in, any organised activity, section 25(1) section 25(2)
4: Section 36
3A: Every manufacturer, importer, distributor, or retailer of tobacco products who, in contravention of section 25A(1) section 25(2)
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $50,000; or
b: in any other case, to a fine not exceeding $10,000.
5: Section 36
5AA: Every person who offers a tobacco product for sale (by retail or wholesale) and who fails, without reasonable excuse, to display any point-of-sale health information or warnings sign or signs required by section 29AA
5AAB: Every person who offers a tobacco product for Internet sale (by retail or wholesale) and who fails, without reasonable excuse, to make visible in accordance with section 29AAB section 29AAB
6: Section 36
6: Every person who sells a tobacco product, or who having sold it delivers it or arranges for it to be delivered, in contravention of section 30(1) commits an offence and is liable,—
a: in the case of a person who is a body corporate, to a fine not exceeding $10,000; and
b: in the case of a person who is not a body corporate, to a fine not exceeding $5,000.
6A: Every person who sells a herbal smoking product, or who having sold it delivers it or arranges for it to be delivered, in contravention of section 30(1) commits an offence and is liable to a fine not exceeding $2,000.
6B: Every person who supplies a tobacco product or herbal smoking product in a public place in contravention of section 30AA(1) commits an offence and is liable to a fine not exceeding $2,000.
7: Every person who offers a tobacco product or herbal smoking product for sale by retail and who fails, without reasonable excuse, to display in accordance with section 30(6) section 30(6)
7AAA: Every person who offers a tobacco product or herbal smoking product for Internet sale (by retail or wholesale) and who fails, without reasonable excuse, to make visible in accordance with section 30(6A) section 30(6A) Infringement offences
16: New sections 38A to 38D inserted
1: The following sections are inserted after section 38
38A: Infringement offences
In this section and sections 38B to 39,— infringement fee
a: prescribed for the purposes of this section in regulations made under section 39(1)(ik)
b: not exceeding the maximum infringement fee amount specified for that offence (in the relevant paragraph of the definition in this section of infringement offence) infringement offence
a: section 36(5), but only so far as it relates to contravening section 29(1) (on publishing an advertisement for a tobacco product that directly or indirectly states or suggests that the product is suitable for chewing or for any other oral use (other than smoking)) or section 29(2) (on importing for sale, selling, packing, or distributing a tobacco product labelled or otherwise described as suitable for chewing, or for any other oral use (other than smoking))—maximum infringement fee amount $1,000:
b: section 36(5A) (which relates to contravening section 29A(2), which relates to distributing a tobacco product to which section 29A(1) applies, or supplying a tobacco product to which section 29A(1) applies to another person for later distribution, or, in the case of a retailer, supplying a tobacco product to which section 29A(1) applies to another person for the purpose of that retailer's business)—maximum infringement fee amount $1,000:
c: section 36(5B) (which relates to contravening section 29B, which relates to permitting an automatic vending machine that dispenses or is capable of dispensing tobacco products or herbal smoking products to be located in a place to which members of the public have access, and also to permitting a tobacco product or herbal smoking product to be sold by way of an automatic vending machine in a place to which members of the public have access)—maximum infringement fee amount $400:
d: section 36(6)
e: section 36(6A)
f: section 36(7A) (which relates to contravening section 30A(2) or (3), both of which impose restrictions on the sale of certain tobacco products in small quantities)—maximum infringement fee amount $400:
g: section 36A(2) (which relates to contravening section 36A(1), which prohibits sale of a toy tobacco product to a person younger than 18 years)—maximum infringement fee amount $400. 1989 No 63 s 162A
38B: Commission of infringement offences
A person who is alleged to have committed an infringement offence may either—
a: be proceeded against for the alleged offence by the laying of an information under the Summary Proceedings Act 1957; or
b: be served with an infringement notice as provided for in section 38C. 1989 No 63 s 162B
38C: Infringement notices
1: If an enforcement officer observes a person committing an infringement offence, or he or she has reasonable cause to believe that such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
2: Any enforcement officer (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business.
3: For the purposes of the Summary Proceedings Act 1957, an infringement notice (or a copy of it) sent to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: Every infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
5: If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates; and, in that case, the provisions of that section apply with all necessary modifications. 1989 No 63 s 162C
38D: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. 1989 No 63 s 162D .
2: Paragraphs (a) to (g) infringement offence section 38A subsection (1)
a: section 36(5), but only so far as it relates to contravening section 29(1) (on publishing an advertisement for a tobacco product that directly or indirectly states or suggests that the product is suitable for chewing or for any other oral use (other than smoking)) or section 29(2) (on importing for sale, selling, packing, or distributing a tobacco product labelled or otherwise described as suitable for chewing, or for any other oral use (other than smoking))—maximum infringement fee amount $1,000:
b: section 36(5AA) section 29AA
c: section 36(5AAB) section 29AAB
d: section 36(5A) (which relates to contravening section 29A(2), which relates to distributing a tobacco product to which section 29A(1) applies, or supplying a tobacco product to which section 29A(1) applies to another person for later distribution, or, in the case of a retailer, supplying a tobacco product to which section 29A(1) applies to another person for the purpose of that retailer's business)—maximum infringement fee amount $1,000:
e: section 36(5B) (which relates to contravening section 29B, which relates to permitting an automatic vending machine that dispenses or is capable of dispensing tobacco products or herbal smoking products to be located in a place to which members of the public have access, and also to permitting a tobacco product or herbal smoking product to be sold by way of an automatic vending machine in a place to which members of the public have access)—maximum infringement fee amount $400:
f: section 36(6)
g: section 36(6A)
h: section 36(7) section 30(6)
i: section 36(7AAA) section 30(6A)
j: section 36(7A) (which relates to contravening section 30A(2) or (3), both of which impose restrictions on the sale of certain tobacco products in small quantities)—maximum infringement fee amount $400:
k: section 36A(2) (which relates to contravening section 36A(1), which prohibits sale of a toy tobacco product to a person younger than 18 years)—maximum infringement fee amount $400. Regulations
17: Regulations
1: Section 39(1)
2: Section 39(1)
ia: prescribing for the purposes of section 23(1)(a)(ii) section 23(1)(a)
ib: prescribing for the purposes of section 23(1)(b)(ii) section 23(1)(b)
ic: prescribing for the purposes of section 23(2)(b) section 23(2)
id: prescribing for the purposes of section 23(3)(b) section 23(3)
ie: prescribing for the purposes of section 23A(5)(b)
if: prescribing for the purposes of section 23A(6)
ig: prescribing for the purposes of section 29AA
ih: prescribing for the purposes of section 29AAB section 29AAB
ii: prescribing for the purposes of section 30(6)(b) section 30(6)
ij: prescribing for the purposes of section 30(6A) section 30(6A) .
3: Section 39
a: by repealing subsections (3) to (5); and
b: by inserting , (ic), (ig), (ih), (ii), or (ij) subsection (1)(ia)
4: Section 39(1)
ik: prescribing for the purposes of section 38A
il: prescribing for the purposes of (and for the purposes of the procedure in section 21 of the Summary Proceedings Act 1957 as modified and applied by) section 38C .
5: Section 39
6A: Regulations under all or any of subsection (1)(ia), (ib), (ic), (ig), (ih), (ii), and (ij)
a: different classes of people who offer tobacco products or herbal smoking products for sale:
b: different classes of place of business:
c: different classes of points of sale:
d: different circumstances of the sales for which requirements are prescribed.
6B: Regulations under subsection (1)(ie)
a: prescribe for different classes of people who offer tobacco products for sale different acceptable forms of visible delivery of all or any of tobacco products, tobacco packages, and tobacco cartons:
b: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, using a prescribed acceptable form of visible delivery.
6C: Regulations under subsection (1)(if)
a: prescribe for different classes of people who offer tobacco products for sale different ways of allowing a tobacco product, tobacco package, or tobacco carton to be visible:
b: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, allowing a tobacco product, tobacco package, or tobacco carton to be visible in a way prescribed.
6D: Regulations under subsection (1)(ig) section 29AA
a: the health information or warnings to be communicated by them:
b: the shape and lengths of their sides:
c: the width, and other aspects of, the borders around their edges:
d: the typeface or font, point size, other aspects of the format or layout, or of the clarity, legibility, and weight, of the printing on them of the health information or warnings to be communicated by them:
e: the minimum area that they must have for printing across:
f: any official attribution (which may, without limitation, be or include Ministry of Health Warning
6E: Regulations under subsection (1)(ih) section 29AAB
a: the shape, and lengths of, the sides of that information or those warnings:
b: the width, and other aspects of, the borders around the edges of that information or those warnings:
c: the typeface or font, point size, other aspects of the format or layout, or of the clarity, legibility, and weight, of all or any of the text of that information or those warnings:
d: the minimum area of that information or those warnings:
e: any official attribution (which may, without limitation, be or include Ministry of Health Warning
18: Smoke-free Environments Regulations 2007 amended
Regulations 30 31 2012-07-23 Smoke-free Environments Regulations 2007 Purposes of Amendment Act
19: New section 41AA inserted
The following section is inserted after section 41
41AA: Purposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011
1: The purpose of Part 1 Smoke-free Environments (Controls and Enforcement) Amendment Act 2011
a: generally prohibits the display of tobacco products in or at the outside of retail and other sales outlets, but also provides for temporary transitional exemptions from compliance during a 12-month transition period:
b: prohibits the display, on the outside of retail premises, of retailers' names or trading names that are or include words, phrases, trade marks, or company names that have the effect of advertising the availability of tobacco products:
c: treats sales-outlet notices or signs and Internet-sales messages that are or include tobacco product health or purchase age information or warnings as prohibited advertisements unless those sales-outlet notices or signs or Internet-sales messages are ones that it requires or permits:
d: requires people who offer tobacco products or herbal smoking products for Internet sale to make visible on their Internet sites health and purchase age information or warnings:
e: prohibits (more fully, or for the first time) manufacturers, importers, distributors, and retailers of tobacco products from sponsoring activities involving the use of tobacco product trade marks:
f: prohibits manufacturers, importers, distributors, and retailers of tobacco products from sponsoring activities involving exclusive supply arrangements:
g: facilitates the enforcement of prohibitions on distribution or supply of tobacco products free of charge or at a reduced charge, or with rewards, by providing that a term of an arrangement has no effect if compliance with the term would prevent or limit compliance with those prohibitions:
h: is adjusted by related amendments and repeals.
2: The purpose of Part 2 Smoke-free Environments (Controls and Enforcement) Amendment Act 2011
a: it makes an infringement notice scheme available to enforce specified prohibitions, including the prohibitions on the sale of tobacco products and herbal smoking products to people younger than 18 years:
b: its provisions relating to offences, regulations, and amendments are adjusted in the light of the amendments made to it by that Amendment Act. Related amendments to enforcement officers' powers
20: Requirement to give identifying information
1: Section 41B(1) have been sold to a person younger than 18 years have been sold, or have after they are sold been delivered, to a person younger than 18 years
2: Section 41B(1) in a place where tobacco products or herbal smoking products are sold from time to time in or from a place where tobacco products or herbal smoking products are sold, or after they are sold (at that place or another place) are delivered, from time to time
3: Section 41B(1)(a) to have sold the products to have sold, or to have after they are sold delivered or arranged the delivery of, the products
21: Purposes for which powers may be used
Section 41C(2)
2: The powers given by section 41B must be used only for, and only to the extent necessary for, finding out the name and address of (or, if the address is not within the knowledge of the person asked, the name and any other identifying information within the person's knowledge relating to) a person the enforcement officer concerned believes to have sold, or to have after selling them delivered or arranged the delivery of, tobacco products or herbal smoking products to a person younger than 18 years in or from a place where tobacco products or herbal smoking products are sold, or having been sold (at that place or another place) are delivered, from time to time.


1: Title
This Act is the Misuse of Drugs Amendment Act (No 2) 2011.
2: Commencement
1: Sections 8 9(1) and (2) 10 11
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Misuse of Drugs Act 1975 2011-08-09 Misuse of Drugs Act 1975 except sections 8, 9(1) and (2), 10 and 11 2011-09-08 Misuse of Drugs Act 1975 sections 8, 9(1) and (2), 10 and 11
1: Amendments to principal Act and consequential amendments to other enactments
Amendments to principal Act
4: Interpretation
Section 2(1) temporary class drug temporary class drug notice section 4C .
5: New sections 4C to 4E inserted
The following sections are inserted after section 4B
4C: Temporary class drug notice
1: The Minister may, by notice in the Gazette
2: The Minister must not give notice under subsection (1)
3: The Minister must not give notice under subsection (1)
4: A notice under subsection (1)
a: its chemical name, or 1 of its chemical names:
b: its product name:
c: a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the notice.
5: A notice under subsection (1)
6: The date specified under subsection (5) Gazette
4D: Effect of temporary class drug notice
1: Except as provided in this section, a temporary class drug is to be treated, while the temporary class drug notice remains in force, in the same way as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3.
2: A temporary class drug specified or described in a temporary class drug notice is not to be added to any schedule of this Act while the notice is in force.
3: Despite section 7(1), it is not an offence for a person, in relation to a temporary class drug, to do either or both of the following while the temporary class drug notice relating to that drug is in force:
a: to possess for his or her own use less than 56 grams in total of any products (including cigarettes), or any drug forms (including flakes, tablets, or capsules), each containing some quantity of that temporary class drug:
b: to use that temporary class drug.
4: Possession by a person of 56 grams or more in total of any products (including cigarettes), or any drug forms (including flakes, tablets, or capsules), each containing some quantity of that temporary class drug is to be treated, for the purposes of this Act, as possession by that person of an amount, level, or quantity at and over which a controlled drug that is specified or described in Part 1 of Schedule 3 is presumed to be for supply.
5: A substance that has a structure substantially similar to a temporary class drug is not to be treated as a controlled drug analogue by reason only of that similarity.
6: While a temporary class drug notice is in force, the Minister must seek advice, as he or she considers appropriate, under section 5 or 5AA, or both, in relation to the temporary class drug and its appropriate classification, if any (including as a precursor substance, or as a restricted substance as defined in section 31 of the Misuse of Drugs Amendment Act 2005), under this Act.
7: As soon as possible after the publication of a temporary class drug notice in the Gazette
a: on the Ministry of Health's Internet site, in an electronic form that is publicly accessible; and
b: in any other way that the Director-General considers appropriate in the circumstances.
8: Despite the Regulations (Disallowance) Act 1989, a temporary class drug notice is not to be treated as a regulation for the purposes of the Acts and Regulations Publication Act 1989.
4E: Duration of temporary class drug notice
1: A temporary class drug notice expires at the earliest of—
a: the close of the day that is 1 year after the date on which the notice came into force; or
b: the date on which the substance, preparation, mixture, or article is—
i: classified as a Class A controlled drug; or
ii: classified as a Class B controlled drug; or
iii: classified as a Class C controlled drug; or
iv: added to Schedule 4 as a precursor substance; or
v: classified as a restricted substance (as defined in section 31 of the Misuse of Drugs Amendment Act 2005); or
c: its revocation by the Minister by notice in the Gazette
2: A temporary class drug notice may be renewed by the Minister—
a: prior to the date of its expiry as calculated under subsection (1)
b: on 1 occasion only; and
c: only for the purpose of allowing sufficient time for the Minister to obtain the advice that is to be sought under section 4D(6)
6: Powers of Minister to prohibit importation, etc, of controlled drugs
1: Section 22(1A)
a: omitting import or supply importation, supply, possession for the purpose of sale or supply, or offering for sale
b: omitting pipe or other utensil pipe, other utensil, or identifiable component of a pipe or other utensil
2: Section 22
3: Every person commits an offence against this Act who—
a: supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil whose sale, possession for the purpose of sale or supply, or offering for sale (as the case may be) is absolutely prohibited by a notice issued under subsection (1A); or
b: supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be supplied, possessed for the purpose of sale or supply, or offered for sale (as the case may be); or
c: imports a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be imported.
7: Schedule 1 amended
The item relating to thalidomide in clause 1
8: Schedule 2 amended
Clause 1 Ephedrine Pseudoephedrine .
9: Schedule 3 amended
1: Part 3 clause 6
2: The items relating to ephedrine and pseudoephedrine in clause 1
3: Paragraph (d) of the item relating to amphetamine analogues in Part 7 and/or alkylthio radicals alkylamino radicals
10: Schedule 4 amended
The items relating to ephedrine and pseudoephedrine in clause 1
11: Schedule 5 amended
Clause 1 Schedule Consequential amendments to other enactments
12: Land Transport Act 1998 consequentially amended
1: This section amends the Land Transport Act 1998
2: Paragraph (a)(i) of the definition of qualifying drug section 2(1) (except thalidomide)
3: Section 58(1)(b) (except thalidomide)
4: Section 61(2)(b) (except thalidomide)
5: Section 62(1)(b) (except thalidomide) 2011-08-09 Land Transport Act 1998
13: Customs and Excise Act 1996 consequentially amended
1: This section amends the Customs and Excise Act 1996
2: Schedule 1 pipe or other utensil pipe, other utensil, or identifiable component of a pipe or other utensil 2011-08-09 Customs and Excise Act 1996
2: Amendment to Misuse of Drugs Amendment Act 2005
14: Misuse of Drugs Amendment Act 2005 amended
This Part amends the Misuse of Drugs Amendment Act 2005 2011-08-09 Misuse of Drugs Amendment Act 2005
15: Interpretation
Paragraph (b)(v) and (viii) of the definition of substance section 31


1: Title
This Act is the Appropriation (2011/12 Estimates) Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 8 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2012.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2012 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and
c: specify appropriations to which output expenses may be charged against third-party revenue in accordance with section 21
d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
e: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— Estimates The Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2012 scope shown in the Estimates
a: for each multi-class output expense appropriation under section 6, the scope as shown in the statement directly under the name of each of the individual classes of outputs that are included in the relevant appropriation in the column headed Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 6 or 7 (other than a multi-class output expense appropriation), the scope as shown in the statement directly under the title of each appropriation in the column headed Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 8, the scope as shown in the statement directly under the title of each appropriation in the column headed Type, Title, Scope and Period of Appropriations this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 1
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
7: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 2
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 3
b: the categories of other expenses set out in column 3 of Schedule 3
c: the categories of capital expenditure set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: the amount specified in column 5 of Schedule 3
c: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 4
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 5
a: column 3 shows the most recently projected amount of net assets at the start of this year; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year.
11: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs, or that part of the appropriations and classes of outputs, listed in Schedule 6
a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A
12: Repeals
The Acts specified in Schedule 7 2011-08-13 Appropriation (1994/95 Supplementary Estimates) Act 1995 Appropriation (2009/10 Financial Review) Act 2011 Appropriation (2010/11 Estimates) Act 2010 Appropriation (2010/11 Supplementary Estimates) Act 2011


1: Title
This Act is the Imprest Supply (Second for 2011/12) Act 2011.
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 2012. 2012-07-01 Imprest Supply (Second for 2011/12) Act 2011
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 2011/12 year in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2011/12 Estimates) Act 2011
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2011/12 year department section 2(1) expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements Responsible Minister Vote section 2(1)
6: Authority to incur expenses
1: Expenses may, during the 2011/12 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1)
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2011/12 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) during the 2011/12 year must not exceed in the aggregate the sum of $5,500 million.
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2011/12 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority under this Act is authority for purposes of sections 4(1) and 26C(1) of Public Finance Act 1989
1: The authority given by this Act to incur expenses or capital expenditure in advance of appropriation is an authority under an Act for the purposes of sections 4(1) 26C(1)
2: However, subsection (1) section 8(1)
10: Authority to exceed net assets confirmed in Appropriation Act
1: In this section,— excess amount projected balance Schedule 5 Appropriation (2011/12 Estimates) Act 2011
2: The amount of net asset holding in a department or an Office of Parliament during the 2011/12 year may exceed the projected balance for that department or Office of Parliament.
3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 5 Appropriation (2011/12 Estimates) Act 2011
4: For the purposes of subsections (1) and (2)
a: any operating surplus retained as agreed between the Minister and the Responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 5 Appropriation (2011/12 Estimates) Act 2011
b: any remeasurement of a department’s or an Office of Parliament’s reported net asset holding as set out in section 22(2) Schedule 5 Appropriation (2011/12 Estimates) Act 2011
5: Subsections (2) and (3) section 22(3)


1: Title
This Act is the Electoral (Administration) Amendment Act 2011.
2: Commencement
1: The following come into force on 1 July 2012:
a: subpart 2
b: subpart 2
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Electoral Act 1993 2011-08-17 Electoral Act 1993 The rest of this Act other than subpart 2 of Part 1 and subpart 2 of Part 2 2012-07-01 Electoral Act 1993 subpart 2 of Part 1 and subpart 2 of Part 2
1: Amendments to principal Act
1: Provisions coming into force on day after assent
4: Interpretation
1: Paragraph (a) of the definition of election expenses section 3(1) 205A 205
2: Paragraph (b) of the definition of election expenses section 3(1) 206A 206
5: Powers of Electoral Commission
Section 6(1)(e)(ii) section 7 tabling in presentation to
6: Electoral Commission may delegate functions, duties, or powers to non-employees
1: Section 9 section 7 In addition to the persons listed in section 73(1) of the Crown Entities Act 2004, the Electoral Commission may delegate any of its functions, duties, or powers, either generally or specifically, The Electoral Commission's board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission's functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also
2: Section 9
2: The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:
a: a body corporate:
b: an individual who holds an office in, or is employed by, a body corporate.
3: The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.
7: Registrar of Electors
Section 22
3A: A district is, for the purposes of subsection (3), an adjoining district
a: are wholly or partly shared; or
b: are separated by no more than 2 intermediate districts.
8: Compulsory registration of electors
Section 82
4A: A person who is or has been a registered elector may, instead of using the prescribed form to make an application required by subsection (1)(c), make it by supplying to the Registrar using an electronic medium approved for the purpose by the Chief Registrar information necessary to complete the prescribed form and identified by the Registrar.
4B: Nothing in section 85(1) and (2) applies to an application required by subsection (1)(c) and that a person intends to make, or makes, in accordance with subsection (4A)
9: New section 83A substituted
Section 83A
83A: Procedure following inquiry under section 83
1: If, following an inquiry under section 83, the Registrar receives a form or information supplied electronically under subsection (3)
a: the Registrar must ensure that the form or the information contained in the form, or the information supplied electronically, is transmitted to the Registrar for the new electoral district; and
b: the Registrar for the new electoral district must, as if the form or the information supplied electronically were an application for registration, register that elector, in accordance with section 87, on the roll for the district in which the elector resides; and
c: the form or the information supplied electronically is deemed to be an application for registration for the purposes of section 82; and
d: the Registrar for the old electoral district must, in accordance with section 98(1)(a), remove from the roll for that district the name of the elector.
2: If, following an inquiry under section 83, the Registrar receives from an elector a form, or information supplied electronically under subsection (3) subsection (1)
3: An elector may, instead of returning a form to the Registrar to notify the Registrar that the elector has changed his or her place of residence and now resides in another electoral district or to notify the Registrar of a change to any other of the elector's particulars, notify the Registrar of a change to any of the elector's particulars by supplying that information to the Registrar using an electronic medium approved for the purpose by the Chief Registrar.
4: An elector remains on the roll and his or her particulars on the roll remain unchanged if—
a: the Registrar does not receive from the elector a form, or information supplied electronically under subsection (3)
b: the Registrar receives from the elector a form, or information supplied electronically under subsection (3)
5: A form that a person intends to return, or returns, in response to an inquiry under section 83 must be signed or marked, and may be rejected for incompleteness, in accordance with subsections (1), (2), and (4) of section 85 (which apply with all necessary modifications) as if the form were an application or declaration in respect of registration as an elector.
6: Information that an elector intends to supply, or supplies, electronically under subsection (3)
a: is not an application or declaration in respect of registration as an elector required by subsections (1) and (2) of section 85 to be signed or marked; but
b: may be rejected for incompleteness under section 85(4) (which applies with all necessary modifications) if it does not include all the particulars stated or referred to in section 85(3)(a), (b), (c), (f), and (i).
10: New section 87A inserted
The following section is inserted after section 87
87A: Procedure if immigration status means applicant apparently not qualified to be registered
1: This section applies in accordance with section 263A(6)(a)
a: unlawfully in New Zealand; or
b: a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.
2: When this section applies the Registrar must comply with subsections (3) to (5)
3: The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice
a: the advice that the Registrar received under section 263A(5) in respect of the applicant; and
b: that the Registrar may determine that the applicant's immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.
4: If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice
a: the advice that the Registrar received under section 263A(5) in respect of the applicant; and
b: the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and
c: that the Registrar may determine that the applicant's immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.
5: The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—
a: after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or
b: if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.
6: A notice or further notice purportedly sent to the applicant by post—
a: is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and
b: is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.
7: If, after complying with subsections (3) to (5)
11: Changes of address to be notified
Section 90
2A: A person to whom subsection (1) applies (but not a person who is required by subsection (2) to comply with subsection (1)) may, instead of giving a written notice to the Registrar of the change of place of residence and the address of the new place of residence, notify the Registrar of them by supplying that information to the Registrar using an electronic medium approved for the purpose by the Chief Registrar.
12: Chief Registrar may seek consent of Maori electors to supply of information to designated body
Section 111C(2)(b) , email address (if any), and contact telephone numbers (if any)
13: Supply of information on age and Maori descent
Section 112(1)(a)(i) 114(8) 114(9)
14: Supply of electoral information to candidates, political parties, and members of Parliament
Section 114(2)(d) section 5(d) section 5(c)
15: Unpublished names
Section 115(2)
b: a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—
16: Duty to report suspected offences
Section 120 police New Zealand Police
17: Assistance to be given to Registrar
Section 122
1: All constables—
a: must, at the Registrar's request, assist the Registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and
b: must give the Registrar any information the Registrar requests relating to the qualifications of any person for registration as an elector.
2: All constables must also assist the Registrar by making such inquiries and obtaining such information as he or she requests.
18: Power to destroy records
Section 124
4: Despite subsections (1) to (3), the Registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Registrar and are being stored by or on behalf of the Registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.
5: A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4) subsection (4)
19: Power to resolve in certain cases that by-election not be held
Section 131(b) tabling in presentation to
20: Power to resolve in certain cases not to supply vacancy
Section 136(b) tabling in presentation to
21: Offence to pay election expenses in excess of prescribed maximum
Section 205F(1) 205B 205C
22: Offence to pay election expenses in excess of prescribed maximum
Section 206D(1) 206B 206C
23: Auditor's report on return of party's election expenses
Section 206L(2)(a) 206B 206C
24: Limit on maximum amount of donations protected from disclosure
Section 208B(1) 206B(1) 206C(1)
25: Personation
Section 215(4) police New Zealand Police
26: Disclosure of immigration information for matching purposes
1: Section 263A(2)(a) section 406(1) Schedule 3 person registered as an elector of an electoral district person who is, or has applied to be, registered as an elector of an electoral district
2: Section 263A(2)(b) person registered as an elector person who is, or has applied to be, registered as an elector
3: Section 263A(5)
a: by omitting person on the electoral roll person who has applied to be (but is not yet) registered as an elector, or who is on the electoral roll,
b: by omitting person is registered as an elector person is, or has applied to be, registered as an elector
4: Section 263A(6)
6: After receiving advice from the Chief Registrar under subsection (5) that, in relation to any person, either of the circumstances referred to in subsection (5) applies, the Registrar must,—
a: if the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87A
b: if the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 to the name of that person being on the roll for the district.
27: Disclosure of personal information for enrolment purposes
Section 263B(4)
d: in the case of the Department of Internal Affairs, in relation to any persons—
i: who obtain New Zealand citizenship under the Citizenship Act 1977; or
ii: by whom, or on whose behalf, an application is made under the Passports Act 1992 for the issue or renewal of a New Zealand passport.
2: Provisions coming into force on 1 July 2012
28: Functions
Section 5(a) section 7 (except those of Part 5)
29: New sections 9 and 9A substituted
Section 9 section 7 section 6
9: Electoral Commission may delegate functions or powers to electoral officials engaged by Commission
1: The Electoral Commission's board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission's functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.
2: The functions or powers delegated may (without limitation) be or include either or both of the following:
a: the Commission's power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:
b: all or any of the Commission's functions or powers that relate to registration of electors.
3: The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:
a: a body corporate:
b: an individual who holds an office in, or is employed by, a body corporate.
4: For the purposes of this section, the Commission's functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:
a: Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001:
b: Citizens Initiated Referenda Act 1993:
c: Energy Companies Act 1992:
d: Juries Act 1981:
e: Local Electoral Act 2001:
f: Referenda (Postal Voting) Act 2000.
5: The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.
9A: Ownership of intellectual property developed by delegates of functions or powers
1: Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9
a: in the exercise or performance by or on behalf of that official of those delegated functions or powers; or
b: entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.
2: However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.
3: This section applies despite any contrary instrument or law.
30: Section 21 repealed
Section 21
31: New section 22 substituted
Section 22
22: Registrar of Electors
1: Each electoral district must have a Registrar of Electors to be appointed by the Electoral Commission.
2: Every Registrar—
a: must be an individual who is an electoral official (as defined in section 3(1)); and
b: may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated; and
c: must, subject to subsection (3)
3: The Electoral Commission may appoint as the Registrar for an electoral district a person stationed at an office occupied by the Electoral Commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the Electoral Commission's opinion,—
a: there is in the electoral district no suitable office occupied by the Electoral Commission, the electoral official, or that body corporate; or
b: an officer more suitable for appointment is stationed at an office occupied by the Electoral Commission, the electoral official, or that body corporate in an adjoining district; or
c: making the appointment is, for 1 or more other reasons, in the public interest.
4: A district is, for the purposes of subsection (3) adjoining district
a: are wholly or partly shared; or
b: are separated by no more than 2 intermediate districts.
5: The Registrar must, under the Electoral Commission's direction,—
a: compile and keep, as required by this Act, the electoral roll for the Registrar’s electoral district; and
b: carry out the functions and duties conferred and imposed on the Registrar by or under this Act.
6: The Electoral Commission may from time to time appoint to be the Deputy Registrar for any electoral district an individual who—
a: is an electoral official (as defined in section 3(1)); and
b: may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated.
7: The Deputy Registrar has and may carry out (exercise or perform), subject to the control of the Registrar for that electoral district, all of that Registrar's powers, functions, and duties.
8: Neither the Registrar nor his or her deputy may hold any official position in any political organisation.
9: The powers conferred on the Electoral Commission by subsections (1) and (6)
a: that is not yet in being; or
b: in respect of which a roll has not been compiled.
10: All appointments made under section 22 as repealed on 1 July 2012 by section 31 of the Electoral (Administration) Act 2011 1956 No 107 s 7A; 1986 No 124 s 32(1)
32: Section 23 repealed
Section 23
2: Consequential amendments and transitional provisions
1: Provisions coming into force on day after assent
Consequential amendments to principal Act
33: No form of inquiry required if application for registration as elector received
Section 83B or information supplied electronically to make an application for registration as an elector under section 82(1)(c) and (4A) a duly completed application for registration as an elector,
34: Transfer of electors between electorates
Section 83D(7) a form is returned under section 83A(1) the Registrar under section 83A(1) section 83A(3)
35: Applications received after issue of writ
Section 88(2) ; or
c: in the case only of an application required by section 82(1)(c) and made by the applicant for registration supplying information using an electronic medium in accordance with section 82(4A)
36: False statements or declarations
Section 118 or declaration declaration, or information supplied (by written notice or electronically) under section 82(4A), 83A(3), Consequential amendment to regulations
37: Amendment to Electoral Regulations 1996
1: This section amends the Electoral Regulations 1996
2: Schedule 1 form 1 form 1 Schedule 2011-08-17 Electoral Regulations 1996 Transitional provision approving electronic medium for online re-enrolment and updating Heading repealed 25 March 2014 section 50 Electoral Amendment Act 2014
38: Deemed approval of electronic medium called igovt logon service
Section 38 repealed 25 March 2014 section 50 Electoral Amendment Act 2014 Transitional provisions relating to abolition of Chief Registrar of Electors
39: Office of Chief Registrar of Electors abolished
At the close of 30 June 2012,—
a: the office of Chief Registrar of Electors under section 21(1)
b: the office of Deputy Chief Registrar of Electors under section 21(3)
c: all delegations (if any) under section 21(4) to (9)
40: No compensation for loss of office
No person is entitled to compensation or any other payment or benefit in respect of—
a: a person ceasing under section 39(a) or (b)
b: a delegation ceasing under section 39(c) 2007 No 25 Schedule 1 cl 9
41: Crown-owned assets (other than intellectual property) and records that Chief Registrar controls or possesses
1: The Secretary for Justice must identify all assets and records that, at the close of 30 June 2012, are Crown-owned assets or records controlled or possessed by or on behalf of the Chief Registrar of Electors.
2: Assets and records identified under subsection (1) (other than intellectual property) must be treated as having been vested in the Electoral Commission on 1 July 2012.
42: Liabilities for expenses after 30 June 2012
1: The Secretary for Justice must identify—
a: the expenses (incurred after 30 June 2012 arising from commitments before 18 August 2009) to be paid under section 44
b: the expenses (incurred after 30 June 2012 arising from commitments after 17 August 2009 and before 1 July 2012) to be paid under section 45
2: Liabilities in respect of expenses identified under subsection (1)(a) must be treated as having been vested in the Electoral Commission on 1 July 2012.
3: Liabilities in respect of expenses identified under subsection (1)(b) must be treated as having been vested on 1 July 2012 in—
a: the Crown, if the Minister of Finance under section 45
b: the Electoral Commission, if the Minister of Finance under section 45
43: Expenses before 1 July 2012 (whether from commitments before, on, or after 17 August 2009)
Expenses incurred before 1 July 2012 by New Zealand Post Limited in the administration of Part 5 section 32 section 23
44: Expenses after 30 June 2012 from commitments before 18 August 2009
Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5
45: Expenses after 30 June 2012 from commitments after 17 August 2009 and before 1 July 2012
Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5
46: Matters incomplete on 1 July 2012
A matter or thing commenced under any enactment by the Chief Registrar of Electors and not completed before 1 July 2012 may be completed by the Electoral Commission. 1999 No 85 s 18
47: Proceedings incomplete on 1 July 2012
Proceedings relating to an existing right, interest, title, immunity, or duty, commenced by or against (or commenced by or against the Crown in respect of an act or omission of) the Chief Registrar of Electors, and not completed before 1 July 2012 may be completed by the Electoral Commission. 1999 No 85 ss 17 18
48: Transitional or savings regulations
1: The Governor-General may, by Order in Council, make regulations providing for any transitional or savings matters concerning the coming into force of all or any of the provisions of this Act.
2: Regulations under this section must not be inconsistent with this Act.
3: Regulations under this section are secondary legislation ( see Part 3 2004 No 115 s 199 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
2: Provisions coming into force on 1 July 2012
Consequential amendments to principal Act
49: Interpretation
The definition of New Zealand Post New Zealand Post Limited section 3(1)
50: Section 140 repealed
Section 140
51: Service of notices
1: Section 263(3) New Zealand Post Limited shall be deemed a person registered as a postal operator under the Postal Services Act 1998 must be treated as
2: Section 263
4: Registered letter
a: provides a system of recorded delivery; and
b: is similar in nature to a registered post service provided by a person registered as a postal operator under the Postal Services Act 1998.
52: References to Chief Registrar of Electors
1: The definition of Chief Registrar section 3(1)
2: Section 3A(2)(a)(i) section 5 , the Chief Registrar of Electors,
3: Section 35(5) and (6)(b) he or she the Electoral Commission
4: Section 39(1) section 14 Schedule 1 , the Chief Registrar of Electors,
5: Section 92(2) Chief Registrar and
6: Section 110(1) Minister of Justice or the Chief Registrar Electoral Commission
7: Section 110(2) Minister of Justice or the Chief Registrar, as the case may be, Electoral Commission
8: Section 111(1) Chief Registrar, Electoral Commission,
9: The headings to sections 111C 111D Chief Registrar Electoral Commission
10: Section 113(9A) Chief Registrar is Electoral Commission is
11: Section 114(2)(d)
12: The heading to section 114A Chief Registrar Electoral Commission
13: Section 115(2) he or she the Electoral Commission
14: Section 123(2) Chief Registrar may, with the agreement of the Electoral Commission, Electoral Commission may
15: Section 221A(2) , the Chief Registrar of Electors,
16: The following provisions are amended by omitting Chief Registrar of Electors Electoral Commission
a: section 81(1) and (2)
b: section 92(1)
c: section 105(1)
d: section 107(1)(a)(iii)
e: section 111(1), (2), and (3)
f: section 113(9A)
17: The following provisions are amended by omitting Chief Registrar Electoral Commission
a: section 35(5) and (6)(b)
b: section 77(6)
c: section 82(4A) section 8
d: section 83(2)(b)
e: section 83A(3) section 9
f: section 83C(2)(a)
g: section 87A(1) section 10
h: section 90(2A) section 11
i: section 93(2) and (4)
j: section 94(2)
k: section 95A(4)
l: section 96(5)
m: section 101(1), (3), and (5)(b)
n: section 102(1), (2), and (4)
o: section 103(1)
p: section 104(2)(b)
q: section 108
r: section 114(1), (3)(a), (5), (6)(c), and (8)
s: section 117A(1)
t: section 267(b)
18: The following provisions are amended by omitting Chief Registrar Electoral Commission
a: section 111C
b: section 111D(1) and (3)
c: section 112(1) and (5)
d: section 113(1), (4), (5), (6), (8)(a), (9), and (9C)
e: section 114A
f: section 115(1) and (2)
g: section 263A(2), (3), (4), (5), and (6) Schedule 3 section 263A(6) section 26(4)
h: section 263B(1), (4), and (5)
i: section 269(3) Consequential amendments to other public Acts
53: Amendments to Broadcasting Act 1989
1: This section amends the Broadcasting Act 1989
2: The definition of Electoral Commission section 69(1) under section 4 by section 4B
3: Section 70(2)(d) or by the Chief Registrar of Electors 2012-07-01 Broadcasting Act 1989
54: Amendments to Citizens Initiated Referenda Act 1993
1: This section amends the Citizens Initiated Referenda Act 1993
2: Section 19(2)
2: The Clerk of the House of Representatives must give to the Electoral Commission established by section 4B of the Electoral Act 1993 the signatures taken under subsection (1)(b).
3: Section 19(3) Chief Registrar of Electors shall Electoral Commission must
4: Section 26B(1)(b) 2012-07-01 Citizens Initiated Referenda Act 1993
55: Amendment to Electoral Referendum Act 2010
1: This section amends the Electoral Referendum Act 2010
2: Section 31(2)(a)(i) , the Chief Registrar of Electors, 2012-07-01 Electoral Referendum Act 2010
56: Amendments to Energy Companies Act 1992
1: This section amends the Energy Companies Act 1992
2: Section 86A(1) Chief Registrar of Electors Electoral Commission
3: Section 86A(3)
a: by omitting sections 64BB and 64BC of the Electoral Act 1956 sections 116 and 117 of the Electoral Act 1993
b: by omitting under the Electoral Act 1956 under the Electoral Act 1993
c: by omitting section 64A(8A) of the Electoral Act 1956 section 113(9) of the Electoral Act 1993
4: Section 86A
3A: Electoral Commission
5: Section 86A(4) expressions defined in the Electoral Act 1956 expressions (other than Electoral Commission) defined in the Electoral Act 1993 2012-07-01 Energy Companies Act 1992
57: Amendments to Juries Act 1981
1: This section amends the Juries Act 1981
2: The definition of Chief Registrar of Electors section 2
3: Section 2 Electoral Commission
4: Section 9(1), (2), and (3) Chief Registrar of Electors Electoral Commission
5: Section 10 Chief Registrar of Electors Electoral Commission
6: Section 11 Chief Registrar of Electors Electoral Commission
7: Section 35(1)(a)(iii) Chief Registrar of Electors Electoral Commission 2012-07-01 Juries Act 1981
58: Amendments to Local Electoral Act 2001
1: This section amends the Local Electoral Act 2001
2: The definition of Chief Registrar of Electors section 5(1)
3: Section 5 Electoral Commission
4: Section 19ZC(2)(c)(i) Chief Registrar Electoral Commission
5: Section 30(2)(b)(i) Chief Registrar Electoral Commission
6: Section 38(4) Chief Registrar of Electors Electoral Commission
7: The heading to section 41 Chief Registrar of Electors Electoral Commission
8: Section 41(1), (2), and (3) Chief Registrar of Electors Electoral Commission
9: Section 41(3) Chief Registrar must Electoral Commission must
10: Section 45 Chief Registrar of Electors Electoral Commission
11: Section 47(3) Chief Registrar of Electors Electoral Commission
12: Section 142(c) Chief Registrar of Electors Electoral Commission 2012-07-01 Local Electoral Act 2001
59: Amendments to Privacy Act 1993
1: This section amends the Privacy Act 1993
2: Paragraph (b) of the definition of specified agency section 97 Chief Registrar of Electors Electoral Commission established by section 4B of the Electoral Act 1993 2012-07-01 Privacy Act 1993
60: Amendments to Referenda (Postal Voting) Act 2000
1: This section amends the Referenda (Postal Voting) Act 2000
2: The definition of Chief Registrar section 3(1)
3: Section 3(1) Electoral Commission
4: The definition of roll identifier number section 3(1) Chief Registrar Electoral Commission
5: Section 10
10: Electoral Commission
1: The Electoral Commission is charged with the duty of implementing Part 4 (which relates to rolls of electors).
2: For the purposes of implementing Part 4, the Electoral Commission may provide such computer and other services, and such facilities, as the Electoral Commission thinks necessary. 1997 No 13 s 9
6: The heading to section 11 Chief Registrar Electoral Commission
7: Section 11(2) and (3)
2: A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.
3: Section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9
8: The following provisions are amended by omitting Chief Registrar Electoral Commission
a: section 14(2) and (4)
b: section 17(3)
c: section 18(2)(a), (3), and (4)
d: section 21(3)
e: section 22(3)
f: section 24
g: section 27(2)(b)
h: section 28(1), (2), (4)(b), and (5)(b)
i: section 34(3)(c)
j: section 51(1)(b)(iii)
k: section 54(c)
l: section 63(1)(c)
9: Section 26(1) and (5) Chief Registrar Electoral Commission 2012-07-01 Referenda (Postal Voting) Act 2000 Consequential amendments to local Act
61: Amendments to Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001
1: This section amends the Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001
2: The heading to section 13 Chief Registrar of Electors Electoral Commission
3: Section 13(1) and (2) Chief Registrar of Electors Electoral Commission
4: Section 13(2) Chief Registrar must Electoral Commission must
5: Section 13
3: Electoral Commission 2012-07-01 Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001 Consequential amendments to regulations
62: Amendments to Jury Rules 1990
1: This section amends the Jury Rules 1990
2: Rule 3 Chief Registrar of Electors Electoral Commission
3: Rule 4(1) and (4) Chief Registrar of Electors Electoral Commission 2012-07-01 Jury Rules 1990
63: Amendment to Local Electoral Regulations 2001
1: This section amends the Local Electoral Regulations 2001
2: Regulation 11(2)(a)(iii) Chief Registrar of Electors Electoral Commission 2012-07-01 Local Electoral Regulations 2001
64: Amendment to Referenda (Postal Voting) Regulations 2009
1: This section amends the Referenda (Postal Voting) Regulations 2009
2: Form 1 Chief Registrar Electoral Commission 2012-07-01 Referenda (Postal Voting) Regulations 2009