Electricity Amendment Act 2005

1: Title
1: This Act is the Electricity Amendment Act 2005.
2: In this Act, the Electricity Act 1992 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Construction or maintenance of works on roads
1: Section 24(1) subsection (2) subsections (2) and (5)
2: Section 24 subsection (4)
4: To avoid doubt, subsection (1)
a: the electricity operator; and
b: the local authority or other body with jurisdiction over the road to which the works relate; and
c: any owner referred to in section 25(1)(b)
5: Subsection (1)
6: In subsection (5) works
4: Rights of entry in respect of level crossings
Section 31 subsection (6)
6: This section does not apply to the construction or maintenance of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.
7: In subsection (6)


Animal Welfare Amendment Act 2005

1: Title
1: This Act is the Animal Welfare Amendment Act 2005.
2: In this Act, the Animal Welfare Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New section 167 substituted
The principal Act is amended by repealing section 167
167: Time for laying information
Despite section 14 of the Summary Proceedings Act 1957
a: if the offence was committed before the date on which this section comes into force, at any time within 1 year after the time when the matter of the information arose; or
b: if the offence was committed on or after the date on which this section comes into force, at any time within 2 years after the time when the matter of the information arose.


Biosecurity Amendment Act 2005

1: Title
1: This Act is the Biosecurity Amendment Act 2005.
2: In this Act, the Biosecurity Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Chief technical officers
Section 101
4: The chief executive (including the Director-General) may not delegate to any person the power to appoint chief technical officers.
4: Deputy chief technical officers
Section 102
3: The chief executive (including the Director-General) may not delegate to any person the power to appoint deputy chief technical officers.
5: Delegation to authorised persons
Section 105 subsection (1)
1: A principal officer or chief technical officer may delegate to any person any of his or her functions, powers, or duties under this Act, except forâ€”
a: this power of delegation; and
b: the power to appoint inspectors and authorised persons.


Cadastral Survey Amendment Act 2005

1: Title
1: This Act is the Cadastral Survey Amendment Act 2005.
2: In this Act, the Cadastral Survey Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Delegation of Surveyor-General's functions, duties, and powers
Section 8 subsection (4)
4: No delegation affects or prevents the exercise of any power or the performance of any duty by the Surveyor-General, nor does it affect the responsibility of the Surveyor-General for the actions of a person acting under the delegation.
4: Surveyor-General may make rules about conduct of cadastral surveying
Section 49(1)(a) cadastral survey marks survey marks
5: Interference with cadastral survey marks
1: The heading to section 55 cadastral
2: Section 55(3) cadastral survey mark survey mark
3: Section 55(6)(a) cadastral


Child Support Amendment Act (No 2) 2005

1: Title
1: This Act is the Child Support Amendment Act (No 2) 2005.
2: In this Act, the Child Support Act 1991 the principal Act
2: Commencement
1: Section 3(4) (5) section 22(2) Taxation (Working for Families) Act 2004
2: Section 3(1) to (3) (6) (7)
3: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Meaning of term living allowance
1: Section 30(4)(b) adjusted in the manner required by subsection (4B) or in subsection (4B)
2: Section 30(4B) 2006 is , in respect of each dependent child,
3: Subsections (1) (2)
4: Section 30(5) gross married rate of unemployment benefit (1)(e) (1)(h)
5: Subsection (4)
6: Section 30(5) subsection (4) gross married rate of unemployment benefit (1)(h) (1)(e)
7: Subsection (6)


Civil Aviation Amendment Act 2005

1: Title
1: This Act is the Civil Aviation Amendment Act 2005.
2: In this Act, the Civil Aviation Amendment Act 2004 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Commencement of Civil Aviation Amendment Act 2004
1: Section 2(1) 29 29(1), 29(2)
2: Section 2(1) ; and 1 or more Orders in Council may be made appointing different dates for different provisions
4: New section 29 substituted
The principal Act is amended by repealing section 29
29: Appeal to District Court
1: Section 66(5) of the principal Act
e: concerning the issue of a medical certificate under section 27B subsection (5)(b) of that section
f: to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a)
g: to disqualify a licence holder under section 27I(7)(c)
h: to revoke a medical certificate under section 27I(7)(d) and (11)
i: concerning the implementation of the results of a report by the convener under section 27L or section 27M
2: Section 66(5) of the principal Act
j: to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3)


Commerce Amendment Act (No 2) 2005

1: Title
1: This Act is the Commerce Amendment Act (No 2) 2005.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Commission may give clearances for business acquisitions
1: Section 66(3)(a) would not
2: Section 66(3)(b) would not
4: Commission may grant authorisations for business acquisitions
Section 67(3)(a) would not


Continental Shelf Amendment Act 2005

1: Title
1: This Act is the Continental Shelf Amendment Act 2005.
2: In this Act, the Continental Shelf Act 1964 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) continental shelf continental shelf .
2: Section 2(1) natural resources seaward-side boundaries subsection (2)
a: a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured (as described in sections 5, 6, and 6A of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
b: at the outer edge of the continental margin where it extends beyond that distance.


Corrections Amendment Act 2005

1: Title
1: This Act is the Corrections Amendment Act 2005.
2: In this Act, the Corrections Act 2004 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 3(1) section Act
4: Functions of probation officers
Section 25(1) paragraph (ab)
ac: to supervise all offenders released on parole and to ensure that the conditions of parole are complied with:
ad: to supervise offenders released on compassionate release under section 41 of the Parole Act 2002 .
5: Matters to be included in annual report
Section 190(1)(b)(i) control and supervision control or supervision
6: Regulations
Section 200(1)(b)
v: controlling officers of probation areas: .


1: Title
1: This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2005.
2: In this Act, the Criminal Investigations (Bodily Samples) Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) paragraph (a)(ii) suitably qualified person registered
4: Sections 15 and 17 to apply
1: Section 20 Sections 15 and 17 Sections 15, 17, and 17A
2: Section 20(2) Section 17 and section 17A
5: Judge may issue warrant for arrest and detention
Section 45(2) who is of or
6: Criminal Investigations (Bodily Samples) Regulations 2004 amended
Forms 1 to 6 8 9 Criminal Investigations (Bodily Samples) Regulations 2004 registered nurse nurse


1: Title
1: This Act is the Dairy Industry Restructuring Amendment Act 2005.
2: In this Act, the Dairy Industry Restructuring Act 2001 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Use of redeemable preference shares
1: Section 104(2) the surrender amount that part of the total value of equities surrendered
2: Section 104(3) the surrender amount referred to in subsection (2) any surrender amount that falls within the total value of equities covered by subsection (2)


Defence Amendment Act (No 2) 2005

1: Title
1: This Act is the Defence Amendment Act (No 2) 2005.
2: In this Act, the Defence Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Section 96 repealed
Section 96
4: New section 96A inserted
The principal Act is amended by inserting, after section 96
96A: Nelson Rifle Prize Fund abolished
1: On the repeal of section 96
a: the Nelson Rifle Prize Fund (the Fund
b: the Public Trust ceases to administer the Fund; and
c: all money comprising the Fund (including any income arising from the Fund) held by the Public Trust in its common fund immediately before that repeal must be transferred to the cadet forces.
2: The cadet forces must apply the money so transferred only for any or all of the following purposes:
a: the promotion of firearm safety in the Nelson region:
b: the provision of firearm training in the Nelson region:
c: the provision of monetary or other prizes for national shooting competitions held in the Nelson region.
3: In this section, Nelson region
5: Regulations
Section 101(1) paragraph (gb)
gc: prescribing offences for the contravention of or non-compliance with any regulations made under paragraph (ga) or paragraph (gb) .


1: Title
1: This Act is the Flags, Emblems, and Names Protection Amendment Act 2005.
2: In this Act, the Flags, Emblems, and Names Protection Act 1981 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Unauthorised use of name Returned Services' Association
Section 18(3)
a: omitting from paragraph (a) : ; or
b: omitting from paragraph (b)(i) New Zealand Returned Services' Association Royal New Zealand Returned and Services' Association
c: omitting from paragraph (b)(ii) of which at least half the members are whose members include
d: omitting from paragraph (b)(iv) of which at least half the members are whose members include
e: omitting from paragraph (b)(iv) New Zealand Returned Services' Association Royal New Zealand Returned and Services' Association
f: omitting from paragraph (b)(iv) : ; or


District Courts Amendment Act 2005

1: Title
1: This Act is the District Courts Amendment Act 2005.
2: In this Act, the District Courts Act 1947 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Renumbering of section
The principal Act is amended by renumbering section 79 section 3 District Courts Amendment Act 2002


Forests Amendment Act 2005

1: Title
1: This Act is the Forests Amendment Act 2005.
2: In this Act, the Forests Act 1949 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Delegation of Minister's powers
Section 4
4: Delegation of powers by Secretary
Section 4A


Gambling Amendment Act (No 2) 2005

1: Title
1: This Act is the Gambling Amendment Act (No 2) 2005.
2: In this Act, the Gambling Act 2003 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 4(1) game rules particular games, categories, classes, or
2: Section 4(1) paragraph (a) housie that satisfies any applicable game rules, and where in which
4: Meaning of class 1 gambling
Section 22(a)(i) individuals a person other than a society
5: Meaning of class 2 gambling
1: Section 24(b) (c) exceeds $500 but
2: Section 24
2: To avoid doubt, class 2 gambling is gambling that is not class 1 gambling.
6: Considering and determining application for territorial authority consent
Section 100 gambling class 4
7: Gaming machine profits must be banked
Section 104 subsection (5)
5: In this section and section 105 gaming machine profits
8: Affected transactions
Section 154(3) approve a person with a significant influence as
9: Content and conditions of licensed promoter's licence
Section 203(5) society licensed promoter
10: Regulations relating to infringement offences
Section 360(b) maximum
11: Power to make game rules
Section 367(1) games , categories, classes, or forms of gambling


1: Title
This Act is the Government Superannuation Fund Amendment Act (No 3) 2005.
2: Commencement
This Act comes into force on 1 July 2006. Amendments to 1969 Amendment Act
3: Rates of contribution to fund
Section 2 Government Superannuation Fund Amendment Act 1969 subsection (8)
8: Where any contributor who has not made an election under subsection (7) subsection (4) section 5
a: 90%; and
b: 80% plus a percentage calculated in accordance with the following formula: Where—
h: is the period of contributory service before 1 April 1975; and
p: is the period of contributory service after 1 April 1975,— the calculation to be the nearest whole number percent unless the application of the formula gives a figure exactly 0.5% below a whole number percent, in which case the calculation must be to the nearest whole number percent above.
4: Percentage of annual adjustment
Section 5 Government Superannuation Fund Amendment Act 1969
4: No person is entitled, because of the amendments made to this Act by sections 3 and 5 of the Government Superannuation Fund Amendment Act (No 3) 2005
5: New
Schedule 2 The Government Superannuation Fund Amendment Act 1969 Schedule 2 Schedule Amendments to 1990 Amendment Act
6: Amount of annuity payable to spouse or partner where contributor dies before 1 April 1996
1: The heading to section 8 Government Superannuation Fund Amendment Act 1990 where contributor dies before 1 April 1996
2: Section 8(1) Government Superannuation Fund Amendment Act 1990 paragraph (a)
3: Section 8 Government Superannuation Fund Amendment Act 1990
3: No person is entitled, because of the amendments made to this Act by section 6(1) and (2) of the Government Superannuation Fund Amendment Act (No 3) 2005


1: Title
1: This Act is the Incorporated Societies Amendment Act 2005.
2: In this Act, the Incorporated Societies Act 1908 the principal Act Incorporated Societies Amendment Act 1920 the amendment Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act
3: New
section 7 The principal Act is amended by repealing section 7
7: How to apply for incorporation
1: An application for incorporation may be made by sending to the Registrar—
a: a copy of the rules of the society on which is written an application that is—
i: in the form set out in the First Schedule
ii: signed by not less than 15 members in accordance with subsections (2) and (3)
b: a certificate by an officer of the society or a solicitor certifying that—
i: a majority of the members have consented to the application; and
ii: the rules that are endorsed with the application are the rules of the society; and
c: the prescribed fee.
2: The signature of each member must be—
a: witnessed by a person who has not signed the rules; and
b: accompanied by the member's address.
3: In the case of a corporate subscriber that has a seal, the seal may also be affixed as part of its signature.
4: New
section 8 The principal Act is amended by repealing section 8
8: Steps that Registrar must take if satisfied that requirements met
The Registrar, if satisfied that the requirements of this Act have been met, must do the following things:
a: enter the name of the society in the register kept by the Registrar for the purposes of this Act, together with any other information relating to the society that the Registrar thinks appropriate; and
b: issue a certificate, sealed by the Registrar, that the society is incorporated under this Act; and
c: register the rules of the society by sealing them with the Registrar's seal.
5: Alteration of rules
Section 21 subsection (2)
2: Every alteration of the rules must be—
a: in writing; and
b: signed by at least 3 members of the society; and
c: delivered to the Registrar accompanied by a certificate by an officer of the society or a solicitor certifying that the alteration has been made in accordance with the rules.
6: New
section 22 The principal Act is amended by repealing section 22
22: Register of members
1: Every society must keep a register of its members.
2: The register must contain the names and addresses of the members, and the dates when they became members.
3: Every society must, on request by the Registrar, send to the Registrar a list of the names and addresses of its members, accompanied by a certificate by an officer of the society certifying that the list is correct.
7: Schedule 1 The heading of Schedule 1 Section 7(a) s 7(1)(a) Amendments to amendment Act
8: New
section 3 The amendment Act is amended by repealing section 3
3: How to apply for incorporation of branch
1: An application for incorporation of a branch or group of branches of a society registered under the principal Act may be made by sending to the Registrar—
a: a copy of the rules of the branch or group on which is written an application for incorporation that is signed, in accordance with subsections (2) and (3)
i: by not less than 2 of the executive officers of the society; and
ii: in the case of a local branch, by not less than 15 members of that branch, or, in the case of a group of branches, by not less than 2 members of each of the branches in the group; and
b: a certificate by an officer of the society or a solicitor certifying that—
i: a majority of the members of the branch or branches has consented to the application; and
ii: the rules that are endorsed with the application are the rules of the branch or the group; and
c: the prescribed fee.
2: The signature of a person signing for the purposes of subsection (1)(a)
a: witnessed by a person who has not signed the rules; and
b: accompanied by the address of the person signing.
3: In the case of a body corporate that has a seal, the seal may also be affixed as part of its signature.
9: New
section 4 The amendment Act is amended by repealing section 4
4: Steps that Registrar must take if satisfied that requirements met
1: The Registrar must take the steps set out in subsection (2)
a: the requirements of this Act have been met; and
b: the rules of the branch or group of branches are not inconsistent with the provisions of the principal Act or with the rules of the society.
2: The Registrar must—
a: enter the name of the branch or group of branches in a special register to be kept by the Registrar for the purposes of this Act, together with any other information relating to the branch or branches that the Registrar thinks appropriate; and
b: issue a certificate, sealed by the Registrar, that the branch or group of branches is incorporated under this Act; and
c: register the rules of the branch or group of branches by sealing them with the Registrar's seal.


Judicature Amendment Act (No 2) 2005

1: Title
1: This Act is the Judicature Amendment Act (No 2) 2005.
2: In this Act, the Judicature Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Associate Judge may exercise certain powers of the Court
Section 26I(2)
k: sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999
4: Powers of Registrars
Section 28
2: Each Deputy Registrar has the same powers and privileges, performs the same duties, and is subject to the same provisions and penalties under this Act and under any other Act as if he or she were the Registrar for the time being, whether or not those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act.
3: Subsection (2)
5: Renumbering of section
1: The principal Act is amended by renumbering section 88A
2: Section 141(3) Care of Children Act 2004 88A 88B


1: Title
1: This Act is the Maritime Transport Amendment Act (No 2) 2005.
2: In this Act, the Maritime Transport Act 1994 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) demise charter section 2(1) of the Ship Registration Act 1992 New Zealand-based operator
a: a New Zealand national who is ordinarily resident or carries on business in New Zealand; or
b: a New Zealand national who is ordinarily resident in New Zealand and any other person where the New Zealand national is in a position to control the exercise of the rights and powers of the charterers under the charterparty New Zealand national section 2(1) of the Ship Registration Act 1992 .
4: New
section 4A The principal Act is amended by inserting, after section 4
4A: Application of
Parts 3 and 5 Parts 3 and 5 section 42 section 198(1)(b)
5: Criteria for action under
section 43 44 Section 49 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Director must inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
6: Criteria for fit and proper person
Section 50 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Director must inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
7: Maritime Registry
Section 189
4: Subsection (3) Privacy Act 1993
8: Recovery in certain cases where marine safety charges not paid
Section 195(2) Collector Chief Executive of the New Zealand Customs Service
9: Coastal shipping
1: Section 198 subsection (1)
1: No ship shall carry coastal cargo, unless the ship is—
a: a New Zealand ship; or
b: a foreign ship on demise charter to a New Zealand-based operator who employs or engages a crew to work on board the ship under an employment agreement or contract for services governed by New Zealand law; or
c: a foreign ship that—
i: has disembarked at a port in New Zealand passengers who embarked at a foreign port or unloaded at a port in New Zealand goods loaded at a foreign port, and has not visited a foreign port since that disembarkation or unloading; or
ii: will, before departing from a port in New Zealand for a foreign port, disembark such passengers or unload such goods; or
d: a foreign ship that—
i: has embarked at a port in New Zealand passengers who are to be disembarked at a foreign port or loaded at a port in New Zealand goods to be unloaded at a foreign port, and has not visited a foreign port since that embarkation or loading; or
ii: will, before departing from a port in New Zealand for a foreign port, embark such passengers or load such goods.
2: Section 198(2) paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) paragraph (a), (b), (c), or (d) of subsection (1)
10: Criteria for action under
section 272 273 Section 276 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Director must inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
11: Preparation and review of response strategy
Section 283 every 3 years every 5 years


Ombudsmen Amendment Act 2005

1: Title
1: This Act is the Ombudsmen Amendment Act 2005.
2: In this Act, the Ombudsmen Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Evidence
Section 19(5A) or the Protected Disclosures Act 2000


1: Title
1: This Act is the Personal Property Securities Amendment Act 2005.
2: In this Act, the Personal Property Securities Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 16(1) Court court
4: Search purposes, etc
Section 173(j) court bailiff bailiff of the High Court of New Zealand or of any other court
5: Application of
sections 185 to 189 Section 184(a) a court the High Court of New Zealand or in any other court


1: Title
1: This Act is the Radiocommunications Amendment Act (No 2) 2005.
2: In this Act, the Radiocommunications Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) means emissions (other than unwanted emissions)
4: Section 7 Section 7
5: Section 8 Section 8
6: Section 14 Section 14
7: Registration procedure
Section 17 paragraphs (c) to (e)
c: retain a record of the instrument in the Registrar's office; and
d: forward the certificate issued under paragraph (b) .
8: Failure to comply with requisition
Section 19 forwarded by letter, telegram, facsimile transmission, or telex given by post, delivery, or electronic transmission (for example, by fax or email)
9: Certified copies of Register to be evidence
Section 30(2) , and sealed with the Registrar's seal,


Receiverships Amendment Act 2005

1: Title
1: This Act is the Receiverships Amendment Act 2005.
2: In this Act, the Receiverships Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Extinguishment of subordinate security interests
Section 30A
2: If there is a surplus left after the receiver has disposed of personal property, that surplus must be distributed according to the priorities set out in section 30B(1) and (2)
4: New
sections 30B to 30D The principal Act is amended by inserting, after section 30A
30B: Priorities on distribution by receiver of surplus representing proceeds of personal property
1: A surplus representing the proceeds of personal property must be distributed in the following order:
a: to any person who has registered a financing statement under the Personal Property Securities Act 1999
i: the registration was effective immediately before the receiver disposed of the property; and
ii: the security interest relating to that registration was subordinate to the security interest of the person in whose interests the receiver was appointed:
b: to any other person (A), if the receiver has notice that A had an interest in the property when it was disposed of, and the receiver is satisfied that A's interest was legally enforceable:
c: to the grantor.
2: Priority as between persons referred to in subsection (1)(a) subsection (1)(b) Part 7 or Part 8 of the Personal Property Securities Act 1999 subsection (1)(a)
3: If, in the case of a distribution of the surplus to a grantor, the grantor cannot be found after reasonable inquiry by the receiver, the provisions of section 102A(2) to (5) of the Property Law Act 1952 the mortgagee the mortgagor the receiver the grantor
30C: Surplus may be paid into court
1: A receiver may pay a surplus referred to in section 30A(2) section 30B(1) or (2)
2: The surplus may only be paid out on an application by the receiver or by a person claiming an entitlement to the surplus.
30D: Meaning of surplus and net proceeds
1: For the purposes of sections 30A to 30C
a: the amount of the debt owed by the grantor to the person in whose interests the receiver was appointed (where the property secures payment of that debt); or
b: the monetary value of the obligation owed by the grantor to the person in whose interests the receiver was appointed (where the property secures performance of that obligation).
2: In subsection (1)
a: the receiver's expenses and remuneration; and
b: any amount or the monetary value of any obligation, as the case may be, secured by any security interest that ranks in priority to the security interest granted to the person in whose interests the receiver was appointed; and
c: any other preferential claims or priority claims according to law.
5: Transitional provision for
sections 30A(2) 30B to 30D Sections 30A(2) 30B to 30D sections 3 4


Retirement Villages Amendment Act 2005

1: Title
1: This Act is the Retirement Villages Amendment Act 2005.
2: In this Act, the Retirement Villages Act 2003 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Retirement villages to be registered
Section 10(3)(b) subsection (1) subsection (2)
4: Annual return
Section 13(3) paragraph (b)
b: a copy of the audited financial statements that the operator is required to prepare under the Financial Reporting Act 1993 .
5: Occupation right agreement voidable
Section 31(2)(a) subparagraphs (ii) (iii)
6: Time for giving dispute notice
Section 57(1) complaint dispute notice given
7: Panel may refuse to hear dispute
Section 66
7: Any person against whom costs are awarded under this section must pay them within 28 days of the decision to award them.
8: Schedule 4
1: Schedule 4 Other contact persons
2: Schedule 4 Information The Retirement Commissioner publishes information on the code of residents' rights and disputes procedures available under the Retirement Villages Act 2003


Ship Registration Amendment Act 2005

1: Title
1: This Act is the Ship Registration Amendment Act 2005.
2: In this Act, the Ship Registration Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Entitlement to register certain New Zealand-owned ships and other ships
Section 8
3: This section is subject to section 9


1: Title
1: This Act is the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005.
2: In this Act, the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) low-water line low-water mark Lowest Astronomical Tide (LAT) .
4: Official charts
1: Section 31 subsection (1)
1: For the purposes of this Act, in any proceedings in any court, the low-water line for any area depicted on the charts in the Territorial Limits Folio is sufficient evidence of the low-water line for that area.
2: Section 31
4: In this section, Territorial Limits Folio means hydrographic information in any form, for example, in electronic form, defined and maintained by Land Information New Zealand for the purposes of maritime boundary definition.


Trade Marks Amendment Act 2005

1: Title
1: This Act is the Trade Marks Amendment Act 2005.
2: In this Act, the Trade Marks Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New section 17 substituted
The principal Act is amended by repealing section 17
17: Absolute grounds for not registering trade mark: general
1: The Commissioner must not register as a trade mark or part of a trade mark any matter—
a: the use of which would be likely to deceive or cause confusion; or
b: the use of which is contrary to New Zealand law or would otherwise be disentitled to protection in any court; or
c: the use or registration of which would, in the opinion of the Commissioner, be likely to offend a significant section of the community, including Maori.
2: The Commissioner must not register a trade mark if the application is made in bad faith.
3: Despite subsection (1)(b) Smoke-free Environments Act 1990 1953 No 66 s 16
4: Non-distinctive trade mark not registrable
Section 18(1)(c) (unless the trade mark is a certification trade mark)
5: Registrability of identical or similar trade mark
1: Section 25(1) paragraph (a)
a: it is identical to a trade mark ( trade mark B section 34 or section 36
i: in respect of the same goods or services; or
ii: in respect of goods or services that are similar to those goods and services, and its use is likely to deceive or confuse; or .
2: Section 25(1)(b) section 34 or section 36
6: Application: how made
Section 32 subsection (1)
1: A person claiming to be the owner of a trade mark or series of trade marks may, on payment of the prescribed fee (if any), apply in the prescribed manner (if any) for the registration of the trade mark or series of trade marks used or proposed to be used in respect of the following:
a: particular goods or services within 1 or more classes:
b: particular goods and services within 1 or more classes.
7: Commissioner's requirements in relation to applications without priority
Section 35(a) section 34(1) or under section 36
8: Withdrawal, etc, of application
Section 37(2) paragraph (b)
b: an error or omission if, in the Commissioner's opinion, the correction of the error or omission does not materially alter the meaning or scope of the application.
9: Onus of proof for revocation of registration of trade mark for non-use
Section 67(a) and or
10: Presumption of validity of registration of trade mark
Section 75(b) 17(1) or (2)
11: Application for registration of licensee
Section 83 subsection (1)
1: A person who is not the owner of a trade mark may, with or without conditions, be registered as licensee of the trade mark in respect of—
a: any of the goods or services for which the trade mark is registered; or
b: if the trade mark is not registered but an application has been made, any of the goods or services to which the application relates.
12: Cancellation of registration of licensee
Section 87 subsection (1)
1: The Commissioner must cancel the registration of a person as a licensee of a trade mark—
a: in the case of registration as a licensee under section 83(1)(a)
b: in the case of registration as a licensee under section 83(1)(b)
13: Infringement where identical or similar sign used in course of trade
Section 89(1)(c) registered registered,
14: Evidence of entries, documents, etc
Section 161(2) 165(2) 181(2)
15: Contents of register
Section 182 paragraph (b)
b: the actual date of registration, the deemed date of registration, and the date of application in New Zealand: .
16: Substitution of person other than applicant on notice of opposition
The heading to section 193 applicant opponent
17: Certificate of validity of contested registration
Section 206 165(2) 165(1)
18: Status of trade marks registered before commencement of Act
Section 208 subsection (5)
5: For the purposes of section 66(1)(b)
a: the trade mark was registered under the Trade Marks Act 1953
b: the trade mark is not a defensive trade mark; and
c: the uninterrupted period of suspension of use began within the period of 5 years before this Act came into force.


Valuers Amendment Act 2005

1: Title
1: This Act is the Valuers Amendment Act 2005.
2: In this Act, the Valuers Act 1948 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 Valuer-General Valuer-General State Sector Act 1988


Weights and Measures Amendment Act 2005

1: Title
1: This Act is the Weights and Measures Amendment Act 2005.
2: In this Act, the Weights and Measures Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Inspectors' working standards
1: Section 7(2) working standards , except those that are used to determine a measure of volume and are constructed of glass,
2: Section 7 subsection (2)
2A: Inspectors' working standards that are used to determine a measure of volume and are constructed of glass must be verified by comparison with the district standards at intervals not exceeding 10 years.
3: This section only applies to Inspectors' working standards that are verified after this Act comes into force.
4: Accredited persons' working standards
1: Section 7A(2) this section , except those that are used to determine a measure of volume and are constructed of glass,
2: Section 7A
3: Every accredited person must, at intervals not exceeding 10 years, cause the standards maintained by that person under subsection (1)
a: the departmental standards; or
b: any district standards; or
c: the standards referred to in section 5(3)(a) or (b)
3: This section only applies to standards maintained by an accredited person that are verified after this Act comes into force.
5: Offence to supply weight, measure, or number not in accordance with stated quantity
1: Section 16A(1)
d: in subsections (4) and (5) required period
2: Section 16A(4)
a: omitting the words , at any time on the day the package was made up or during the period of 7 days beginning on the day after the day the package was made up,
b: inserting in paragraph (a) was , at all times during the required period,
c: inserting in paragraph (b) was , at all times during the required period,
d: inserting in paragraph (c) inadequate packages , at any time during the required period,
3: Section 16A(5) period specified in subsection (4) required period
6: Duration and renewal of accreditation
1: Section 30C(1)
a: omitting the words section 30D of this Act sections 30D and 30DA
b: omitting the expression 1 year 3 years
2: Subsection (1)(b)
3: Section 30C(2) of this Act, or is, at the time of application for its renewal, suspended under section 30DA
4: Section 30C subsection (4)
4: The Secretary must renew a letter of accreditation for a period of 3 years if the Secretary—
a: receives an application for the renewal of that letter of accreditation under subsection (3)
b: receives payment of the prescribed fee (if any); and
c: is satisfied that the applicant continues to meet the requirements for accreditation prescribed by regulations made under this Act.
5: Subsection (4)
7: New sections 30DA and 30DB inserted
The principal Act is amended by inserting, after section 30D
30DA: Suspension of accreditation
1: The Secretary may suspend the accreditation of any person as an accredited person if the Secretary is satisfied that the person—
a: no longer meets all the requirements for accreditation prescribed by regulations made under this Act; or
b: has failed to comply with any condition imposed by the Secretary in respect of that person's accreditation; or
c: has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or
d: has been convicted of an offence against section 32(fa)
2: The Secretary may suspend the accreditation of any person whose name is specified in a letter of accreditation under section 30A(2)
a: has failed to comply with any condition imposed by the Secretary in respect of that letter of accreditation; or
b: has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or
c: has been convicted of an offence against section 32(fa)
3: The Secretary may make a suspension under subsection (1) or subsection (2)
4: The Secretary may at any time, of his or her own motion, revoke a suspension made under subsection (1) or subsection (2)
5: Every suspension under subsection (1) or subsection (2)
a: the effect of the suspension; and
b: the reasons for the suspension; and
c: the date on which the suspension begins, which must be no earlier than the date on which the notice is deemed to have been received by that person; and
d: the period of the suspension.
6: The Secretary is not obliged to give a person an opportunity to be heard before the Secretary suspends the accreditation of that person under subsection (1) or subsection (2)
7: For the purposes of subsection (5)
a: a notice that is posted to a person's last known business or residential address is deemed to be received by that person 3 working days after the date on which it is posted:
b: a notice that is sent to a person at a fax number or electronic address is deemed to be received by that person on the working day following the day on which it is sent:
c: a notice that is personally delivered to a person is deemed to be received by that person on the day on which it is delivered.
8: Despite subsection (7)
30DB: Effect of suspension of accreditation
1: A person is not an accredited person, for the purposes of this Act, for the period for which his or her accreditation is suspended.
2: At the end of the period of suspension, the person's accreditation is immediately revived unless—
a: the accreditation has, during the period of suspension, expired, in which case that person may apply for the renewal of his or her letter of accreditation under section 30C
b: the accreditation has been revoked under section 30D(1)
c: that person's name has been removed from the letter of accreditation under section 30D(2)
8: Appeals against decisions of Secretary
Section 30F(1) section 30D or section 30DA


Wine Amendment Act 2005

1: Title
1: This Act is the Wine Amendment Act 2005.
2: In this Act, the Wine Act 2003 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Applications for registration of wine standards management plans
Section 18 subsection (1)
1A: Despite the requirement in subsection (1)(b)
a: a wine standards management plan is fully based on a template, model, or code of practice that the Director-General considers to be valid and appropriate for the business concerned in accordance with section 8(2)
b: a wine standards management plan is a multi-business wine standards management plan approved by the Director-General in accordance with section 15
c: the risks to human health are negligible and the Director-General is satisfied that the nature of the business does not require an independent evaluation report to ensure validity in terms of sections 8 and 14
4: Director-General may recognise agencies that may be responsible for verification and other specialist functions
Section 69(3)(c) section 18(2)(b) section 18(1)(b)
5: Director-General may recognise persons to carry out verification or other specialist functions
Section 70(3)(c) section 18(2)(b) section 18(1)(b)


Taxation (Urgent Measures) Act 2005

1: Title
This Act is the Taxation (Urgent Measures) Act 2005.
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
1: Amendments to Income Tax Act 2004
3: Income Tax Act 2004
This Part amends the Income Tax Act 2004
4: New sections CV 3 and CV 4 added
After section CV 2
CV 3: Australian wine producer rebate
An amount of Australian wine producer rebate derived by a New Zealand resident wine producer is income of the wine producer. amount Australian wine producer rebate income New Zealand resident
CV 4: Regulations: Australian wine producer rebate
Order in Council
1: For the purpose of enabling the Commissioner to administer the entitlement of New Zealand resident wine producers to Australian wine producer rebates in respect of wine produced in New Zealand, the Governor-General may from time to time, by Order in Council, make regulations relating to—
a: the claim by a New Zealand resident wine producer for payment of an Australian wine producer rebate in respect of wine produced in New Zealand that is sold in Australia:
b: the approval or verification of the entitlement of a New Zealand resident wine producer to a payment of an Australian wine producer rebate:
c: any matter necessary to give effect to a provision relating to Australian wine producer rebates in the agreement for the time being in force between the Government of New Zealand and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. Force and effect
2: An Order in Council under subsection (1)
a: has force and effect despite any provision in this Act or any other Inland Revenue Act:
b: may come into force On or after 1 July 2005:
c: may apply for Australian financial years commencing on or after 1 July 2005. Definitions
3: In this section,— Australian financial year wine section 31-1 New Tax System (Wine Equalisation Tax) Act 1999 (Aust) amount Australian financial year Australian wine producer rebate Inland Revenue Acts New Zealand resident wine
5: Calculation of subpart KD credit
1: In section KD 2(6)
a: in paragraph (a) of the definition of full-year abatement
i: $27,500 $35,000
ii: 30 cents 20 cents
b: in paragraph (b) of the definition of full-year abatement
i: $27,500 $35,000
ii: 30 cents 20 cents
2: Subsection (1) applies for the 2006–07 and subsequent tax years.
6: Definitions
In section OB 1 Australian imputation credit account company Australian wine producer rebate New Tax System (Wine Equalisation Tax) Act 1999 (Aust) .
7: Schedule 12—Amount that, for purposes of section KD 5(6), is deemed to be equivalent of an annual amount
1: Schedule 12 is replaced by the schedule 12 in the schedule
2: Subsection (1) applies for the 2006–07 and subsequent tax years.
2: Amendments to Tax Administration Act 1994
8: Tax Administration Act 1994
This Part amends the Tax Administration Act 1994
9: Interpretation
In section 3(1) tax
ab: for the purposes of the application of this Act in relation to a regulation made under section CV 4 of the Income Tax Act 2004 .
10: New section 4B inserted
After section 4A
4B: Application of Act in relation to Australian wine producer rebate
1: This section governs the application of this Act in relation to the rights and obligations of a person under a regulation made under section CV 4 of the Income Tax Act 2004
2: This Act applies to the rights and obligations as if—
a: a person's claim for approval in respect of an Australian wine producer rebate were an application made by the person to the Commissioner for registration in respect of the administration of a tax imposed by an Inland Revenue Act:
b: a person's claim for a payment of an Australian wine producer rebate were an application by the person to the Commissioner for a refund of a tax imposed by an Inland Revenue Act:
c: a decision concerning an entitlement of the person to a payment of an Australian wine producer rebate were a decision by the Federal Commissioner of Taxation for Australia concerning an entitlement of the person to a refund of a tax imposed by the Commonwealth of Australia:
d: a payment to the person of an Australian wine producer rebate were a refund by the Federal Commissioner of Taxation for Australia of a tax imposed by the Commonwealth of Australia.
11: New section 85J inserted
After section 85I
85J: Disclosure of information for administration of Australian wine producer rebate
1: The purpose of this section is to facilitate the exchange of information between the Commissioner and the Australian Taxation Office and the New Zealand Customs Service for the purpose of administering the entitlements of New Zealand resident wine producers to Australian wine producer rebates.
2: For the purposes of subsection (1) subsection (3)
a: an officer, employee, or agent of the Australian Taxation Office or the New Zealand Customs Service; and
b: authorised to receive the information by the chief executive officer of the Australian Taxation Office or the New Zealand Customs Service.
3: The information that may be provided under subsection (2)
a: the claim by a New Zealand resident wine producer for payment of an Australian wine producer rebate in respect of wine produced in New Zealand that is sold in Australia:
b: the approval or verification of the entitlement of a New Zealand resident wine producer to a payment of an Australian wine producer rebate.


Student Loan Scheme Amendment Act 2005

1: Title
1: This Act is the Student Loan Scheme Amendment Act 2005.
2: In this Act, the Student Loan Scheme Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 total interest rate total interest rate
a: in respect of any tax year ending on or before 31 March 2006, the sum of the base interest rate and the interest adjustment rate:
b: in respect of each tax year ending after 31 March 2006, the rate prescribed in respect of that tax year by regulations made under section 87
4: Borrower to advise Commissioner of absence from New Zealand
1: Section 37(1) ; and
c: any information that the Commissioner reasonably requires in order to determine whether the borrower is entitled to the full interest write-off set out in section 38AK
2: Section 37 subsections (2) (3)
2: When a borrower who is absent from New Zealand becomes aware that he or she will be absent from New Zealand for a period of more than 3 months, he or she must, as soon as practicable after becoming so aware, provide the Commissioner with the information required by subsection (1)
5: Non-resident borrower to advise Commissioner of return to New Zealand
The heading to section 38 Non-resident borrower Borrower
6: New heading substituted
The principal Act is amended by omitting the heading below section 38 Full interest write-off for borrowers present in New Zealand or granted an exemption
7: New sections 38AA to 38AK inserted
The principal Act is amended by inserting, before section 38A
38AA: Full interest write-off for certain borrowers
1: A borrower is entitled to the full interest write-off set out in section 38AK
a: the borrower satisfies the 183-day requirement in section 38AB
b: the Commissioner grants an exemption to the borrower under section 38AE or section 38AJ
2: The conditions in section 38AK(2) subsection (1)
38AB: 183-day requirement
1: A borrower satisfies the 183-day requirement if that borrower is personally present in New Zealand for a period of 183 or more consecutive days after 31 March 2006 (a 183-day period
2: For the purposes of subsection (1)
a: he or she is personally absent from New Zealand for a period, or periods in the aggregate, of no more than 31 days during a period of what would otherwise have been a 183-day period; and
b: he or she is personally present in New Zealand for the first day of that 183-day period.
3: A borrower who satisfies the 183-day requirement is entitled to the full interest write-off set out in section 38AK section 38AC
38AC: Full interest write-off ceases if borrower is personally absent from New Zealand for 184 days
1: A borrower who has satisfied the 183-day requirement in section 38AB a 184-day absence
2: For the purposes of subsection (1)
a: he or she is personally present in New Zealand for a period, or periods in the aggregate, of no more than 31 days during a period of what would otherwise have been a 184-day absence; and
b: he or she is personally absent from New Zealand for the first day of that 184-day absence.
3: However, a borrower must not be treated as being personally absent from New Zealand for any day on which that borrower may be treated as being personally present in New Zealand under section 38AB(2)
4: A borrower who has had a 184-day absence ceases to be entitled to the full interest write-off set out in section 38AK section 38AB
5: Subsection (4) section 38AE or section 38AJ
38AD: Treatment of partial days
For the purposes of sections 38AB to 38AK
38AE: Power of Commissioner to grant exemptions to borrowers who do not satisfy 183-day requirement
1: On the application of a borrower who does not satisfy the 183-day requirement in section 38AB
a: the borrower was personally absent from New Zealand in the service in any capacity of the Government of New Zealand; or
b: the borrower was personally absent from New Zealand because he or she was working as a volunteer or for token payment for a charitable organisation named in regulations made under this Act ( charity
c: of an unexpected delay; or
d: of an unplanned personal absence; or
e: the borrower is required to be personally absent from New Zealand because of the borrower's employment or occupation; or
f: the borrower was personally absent from New Zealand because the borrower accompanied his or her wife or husband, civil union partner, or de facto partner ( partner
2: If the Commissioner grants an exemption under subsection (1)
a: the start and end dates for the period for which the relevant borrower is treated as being personally present in New Zealand for the purposes of section 38AB
b: the conditions that must apply or be met in order for the relevant borrower to be treated as being personally present in New Zealand for the purposes of section 38AB
3: The Commissioner may grant an exemption—
a: under subsection (1)(b)
b: under subsection (1)(f)
4: The conditions in section 38AF subsection (1)(c)
5: The conditions in section 38AG subsection (1)(d)
6: The conditions in section 38AH subsection (1)(e)
7: The conditions in section 38AI subsection (1)(f)
8: A borrower who applies to the Commissioner under this section must supply the Commissioner with all information, and in the manner, that the Commissioner may reasonably require in order to establish whether 1 of the grounds for the grant of an exemption in subsection (1)(a) to (f)
38AF: Conditions to unexpected delay exemption
An applicant under section 38AE(1)(c)
a: have been a resident during the time in question; and
b: provide proof—
i: of the applicant's intended return to New Zealand; and
ii: that if the applicant had returned to New Zealand as intended, the applicant would have satisfied the 183-day requirement in section 38AB
c: provide proof of the unexpected delay that resulted in the applicant not being able to return to New Zealand as intended; and
d: provide proof that the unexpected delay was due to an event or to circumstances beyond the reasonable control of the applicant, like (for example)—
i: an airline strike, personal illness, or death of a family member:
ii: a fire, flood, storm, earthquake, landslide, volcanic eruption, or other act of God:
iii: an explosion or nuclear, biological, or chemical contamination:
iv: sabotage, terrorism, or an act of war (whether declared or not).
38AG: Conditions to unplanned personal absence exemption
An applicant under section 38AE(1)(d)
a: have been a resident during the time in question; and
b: provide proof of the duration of the applicant's unplanned personal absence from New Zealand; and
c: provide proof that the applicant's unplanned personal absence was due to an event or to circumstances beyond the reasonable planning and control of the applicant, like (for example)—
i: the illness or death of a family member who is overseas:
ii: the applicant's employer requiring the applicant to attend a conference overseas.
38AH: Conditions to employment or occupation absence exemption
An applicant under section 38AE(1)(e)
a: have been a resident during the time in question; and
b: have a permanent place of abode only in New Zealand; and
c: provide proof that the applicant receives either—
i: a source deduction payment as defined in section OB 2(1) of the Income Tax Act 2004
ii: income from a business that has a permanent place of business in New Zealand; and
d: provide proof that the majority of the applicant's personal absences from New Zealand are because of the applicant's employment or occupation.
38AI: Conditions to marriage, civil union, or de facto exemption
An applicant under section 38AE(1)(f)
a: have been a resident during the time in question; and
b: provide proof of the applicant's relationship with his or her wife or husband, civil union partner, or de facto partner ( partner
c: provide proof that the applicant's personal absence from New Zealand was because the applicant was accompanying his or her partner overseas; and
d: provide proof that one of the following applies:
i: the applicant's partner was personally absent from New Zealand—
A: in the service in any capacity of the Government of New Zealand; or
B: because he or she was working as a volunteer or for token payment for a charitable organisation named in regulations made under this Act; or
ii: the applicant's partner satisfies the conditions in section 38AH
iii: the applicant's partner satisfies the conditions in section 38AJ(2)
38AJ: Power of Commissioner to grant exemption to borrowers undertaking post-graduate study overseas
1: On the application of a borrower who does not satisfy the 183-day requirement in section 38AB
2: An applicant under subsection (1)
a: must provide the Commissioner with a document from the NZQA verifying that the applicant's post-graduate course is at post-graduate level for the purposes of this section; and
b: must provide the Commissioner with evidence from the applicant's overseas education provider verifying that the applicant is enrolled full-time in the post-graduate course verified by the NZQA; and
c: must supply the Commissioner with all other information, and in the manner, that the Commissioner may reasonably require in order to establish whether the ground for the grant of an exemption under subsection (1)
3: If the Commissioner grants an exemption under subsection (1)
a: the start and end dates for the period for which the relevant borrower is treated as being personally present in New Zealand for the purposes of section 38AB
b: the conditions that must apply or be met in order for the relevant borrower to be treated as being personally present in New Zealand for the purposes of section 38AB
4: In this section,— NZQA Part 20 of the Education Act 1989 study at post-graduate level section 253(1)(c) of the Education Act 1989
38AK: Terms of full interest write-off
1: When a borrower is entitled to a full interest write-off under section 38AA
2: Subsection (1)
a: applies only to days on or after 1 April 2006 on which a borrower—
i: is personally present in New Zealand in accordance with the requirements of sections 38AB to 38AD
ii: is treated as being personally present in New Zealand under section 38AB(2) or section 38AE(2) or section 38AJ(3)
b: does not apply to the days on which a borrower is personally present in New Zealand but is treated as being personally absent from New Zealand under section 38AC(2)
8: New heading inserted
The principal Act is amended by inserting, immediately above section 38A Full interest write-off for certain students
9: Conditions for base interest write-off
1: Section 41 ; and
c: a maximum aggregate of 2 tax years each in respect of any 1 borrower.
2: Section 41
2: Subsection (1)(c) applies from 31 March 2006.
10: New heading and sections 45A to 45D inserted
The principal Act is amended by inserting, after section 45 Amnesty from payment of late payment penalties
45A: Amnesty in respect of late payment penalties
1: The Commissioner must write off any late payment penalties to which a borrower has become liable under section 44 late payment penalties
a: the Commissioner is satisfied that the borrower is a non-resident on 31 March 2006; and
b: the borrower meets the condition in section 45B(1)
c: the Commissioner receives an application (in any form or manner acceptable to the Commissioner) by or on behalf of that borrower before the close of 31 March 2007.
2: This section applies—
a: from 31 March 2006; and
b: only to those late payment penalties that the borrower is already liable to pay on the date on which the Commissioner receives the borrower's application under subsection (1)(c)
45B: Conditions of amnesty
1: The condition that a borrower must meet for the purposes of section 45A(1)(b) section 45A(1)(c)
2: In accordance with the borrower's undertaking given under subsection (1) section 45A(1)(c)
45C: Effect of amnesty on repayment obligation and interest
1: If the Commissioner writes off late payment penalties under section 45A(1)
a: the relevant borrower is not required to make, and the Commissioner is not required to collect, payments in respect of the repayment obligation on which those penalties were written off (the relevant repayment obligation
b: for the purposes of paragraph (a)
c: the amount that was to be paid in respect of the relevant repayment obligation is subject to interest from the date that the relevant repayment obligation was originally due at the total interest rate that applied over the period of non-payment of that obligation on the daily amount outstanding.
2: For the avoidance of doubt, the amount that was to be paid in respect of the relevant repayment obligation remains part of the relevant borrower's loan balance, and that loan balance remains outstanding and due for repayment in accordance with subsequent repayment obligations assessed by the Commissioner.
45D: Repayment obligation and penalties may be reinstated if amnesty condition breached
1: If the Commissioner is satisfied that a borrower has breached the condition in section 45B(2) section 45A
2: In order to reinstate part or all of a late payment penalty under subsection (1) section 45C
3: The Commissioner must, as soon as practicable after reinstating a late payment penalty, give the borrower written notice of—
a: the amount of that penalty; and
b: any action taken under subsection (2)
11: New sections 57A to 57D inserted
The principal Act is amended by inserting, after section 57
57A: Application of sections 57B to 57D
Sections 57B to 57D
a: apply despite anything to the contrary in this Act; and
b: only apply to a refund that was elected or requested by a borrower under section 56 section 57
57B: No refunds for deductions or payments made prior to 1 April 2004
No refund may be made under section 56 or section 57 section 56(1)(a) to (e) or section 57(1)
57C: Certain refunds not entitled to full interest write-off under section 38AK
1: This section applies to refunds made under section 56 or section 57 section 56(1)(a) to (e) or section 57(1) section 57D relevant refund
2: The amount of any relevant refund must be excluded from the amount of a borrower's loan balance for the purposes of section 38AK(1)
3: Until such time as the relevant refund and all interest charged on it are repaid in full to the Commissioner,—
a: all payments in respect of the borrower's repayment obligation must be off-set only against the portion of that borrower's loan balance that consists of the relevant refund that remains outstanding and the interest charged on it (the priority portion
b: any amount deducted or paid in excess of the borrower's repayment obligation must be off-set only against the priority portion; and
c: section 50 paragraphs (a) and (b)
4: In their application to a borrower who is entitled to a full interest write-off under section 38AA sections 38C, 39, and 40 IRD loan balance loan balance
57D: Commissioner's discretion in cases of significant financial hardship
1: On the application of a borrower, the Commissioner may exempt part or all of a relevant refund made to that borrower from section 57C
2: The Commissioner may only exempt a relevant refund if the Commissioner is satisfied that that refund was necessary to alleviate the borrower's significant financial hardship.
3: If the Commissioner grants an exemption under subsection (1) section 57C
4: In this section, significant financial hardship
a: a borrower's inability to meet minimum living expenses; or
b: a borrower's inability to carry out his or her usual occupation because of his or her temporary or permanent illness, injury, or disability; or
c: a borrower's inability to meet mortgage repayments on his or her principal family residence resulting in the mortgagee seeking to enforce the mortgage on the residence; or
d: the cost of modifying a residence to meet special needs arising from a disability of a borrower or a borrower's dependant; or
e: the cost of medical treatment for an illness or injury of a borrower or a borrower's dependant; or
f: the cost of palliative care for a borrower or a borrower's dependant; or
g: the cost of a funeral for a borrower's deceased dependant.
12: New section 58A inserted
The principal Act is amended by inserting, after section 58
58A: Repayment obligation paid in excess may be refunded when assessments reopened
1: This section applies to any case where, upon investigation by the Commissioner of a borrower's liability for a repayment obligation for the tax year ending on 31 March 2006 or any prior tax year, the Commissioner is satisfied that—
a: the repayment obligation assessed by the Commissioner was incorrect; and
b: as a result, any repayment obligation has been paid in excess of the amount properly payable by that borrower (a difference in assessment amounts
2: In any case to which this section applies,—
a: the Commissioner must notify the relevant borrower of the amount of the difference in assessment amounts; and
b: the borrower may request the Commissioner, within 6 months of the date on which the Commissioner issued the notice, to refund the whole or part of the portion of the repayment obligation that is the difference in assessment amounts.
3: A refund that is made under this section must be made in the manner required under section 184A of the Tax Administration Act 1994
4: If no request for a refund is made by a borrower within the required 6 months, the difference in assessment amounts must be applied in reduction of the relevant borrower's loan balance.
5: This section applies despite anything to the contrary in this Act.
13: New section 65A inserted
The principal Act is amended by inserting, after section 65
65A: Objection to decision concerning grant of exemption
A borrower may challenge a decision by the Commissioner—
a: not to grant that borrower an exemption to the 183-day requirement under section 38AE(1) or section 38AJ
b: that the conditions in section 38AF, 38AG, 38AH, 38AI, or 38AJ(2)
c: specifying the start and end dates for the period for which that borrower is treated as being personally present in New Zealand under section 38AE(2)(a) or section 38AJ(3)(a)
i: not fair and reasonable; or
ii: erroneous:
d: specifying the conditions that must apply or be met in order for that borrower to be treated as being personally present in New Zealand under section 38AE(2)(b) or section 38AJ(3)(b)
i: not fair and reasonable; or
ii: erroneous.
14: New sections 66A and 66B inserted
The principal Act is amended by inserting, after section 66
66A: Objection to decisions concerning penalty amnesty
A borrower may challenge a decision by the Commissioner—
a: not to write off that borrower's late payment penalties under section 45A
b: concerning the amount of that borrower's late payment penalties that the Commissioner writes off under section 45A
c: that that borrower has breached the condition in section 45B(2)
d: to reinstate some or all of that borrower's late payment penalties in accordance with section 45D(1)
66B: Objection to decision concerning significant financial hardship
A borrower may challenge a decision by the Commissioner under section 57D section 57C
15: New section 69 substituted
The principal Act is amended by repealing section 69
69: Objector
A challenge under any of sections 64 to 68
16: Regulations
1: Section 87(1)(a)(ii) (iii)
2: Section 87(1) paragraph (a)
ab: specifying a formula or methodology, and other requirements, in accordance with which the following interest rates must be set or reset for the purposes of this Act:
i: the base interest rate; and
ii: the interest adjustment rate; and
iii: the total interest rate:
ac: determining, in accordance with the formula or methodology and requirements specified under paragraph (ab)
i: the base interest rate; and
ii: the interest adjustment rate; and
iii: the total interest rate: .
3: Section 87(1) paragraph (ba)
bb: specifying a list of charitable organisations for the purposes of section 38AE(1)(b) .
4: Section 87(2) (3)
5: Section 87(4) subsection (1)(a) or subsection (1)(ac)
17: Transitional provision for initial 183-day period
1: The Commissioner may at his or her discretion, if the Commissioner considers that it is fair and reasonable to do so, reduce the amount of interest calculated on an eligible borrower's loan balance to zero for interest chargeable during some or all of the period starting on 1 April 2006 and ending on 30 September 2006.
2: If the Commissioner reduces the amount of interest calculated on an eligible borrower's loan balance to zero under subsection (1)
3: In this section, eligible borrower
18: Transitional provision concerning section 21 of principal Act
1: This section applies to borrowers who, on or after 30 November 2005,—
a: apply to the Commissioner for the issue of a special repayment deduction rate certificate under section 21(1)
b: are deemed to have made such an application under section 21(2)
2: Despite anything to the contrary in the principal Act or in any other Act, the amount or rate of repayment deductions specified in a certificate issued by the Commissioner under section 21
a: so much of the primary employment earnings paid to the borrower as exceeds the proportional repayment threshold (as defined in section 20(2)
b: any secondary employment earnings paid to the borrower; and
c: any extra emolument paid to the borrower.


1: Title
1: This Act is the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to
Parts 1 4 4A 5 6
3: Interpretation
1: Section 2(1) environmental medium
a: in relation to class 6 substances, means—
i: air, water, and soil; or
ii: a surface that a hazardous substance may be deposited onto:
b: in relation to class 9 substances, means water, soil, or sediment where these are in the natural environment, or a surface that a hazardous substance may be deposited onto exposure limit section 77B(6) local authority regional council Local Government Act 2002 .
2: Section 2(1) research and development research and development .
4: Act to bind the Crown
Section 3 subsections (4) (5)
4: The codes of practice developed under subsection (3)
a: must—
i: be based on the relevant controls (including any group standard conditions) imposed by the Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A
ii: meet the relevant requirements prescribed by regulations made in accordance with section 75
b: may incorporate or adapt any relevant international code of practice.
5: The Chief of Defence Force—
a: must ensure that methods of controlling all hazardous substances not contained in any weapons system and controlled by the Minister of Defence—
i: are based on the relevant controls (including any group standard conditions) imposed by the Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A
ii: meet the relevant requirements prescribed by regulations made in accordance with section 75
b: may comply with the relevant requirements in paragraph (a) section 79
5: Restriction on Ministerial direction
Section 17 Part V or Part 6A
6: Delegation by Authority
1: Section 19(2)(b) Part V or Part 6A
2: Section 19(2) paragraph (h)
ha: the power to revoke a test certificate for an approved filler or an approved handler under section 82C .
7: New section 20A inserted
The principal Act is amended by inserting, after section 20
20A: Register of exposure limits for substances with toxic or ecotoxic properties
1: The Authority must keep and maintain a register of all exposure limits set under this Act for substances with toxic or ecotoxic properties.
2: The register must specify—
a: the type of exposure limit:
b: the value of the exposure limit:
c: the hazardous substance that the exposure limit will apply to:
d: if the exposure limit applies to any element or compound making up the hazardous substance, the element or compound that the exposure limit will apply to.
3: Every person has the right to inspect the register during the ordinary office hours of the Authority.
8: Fees for local authorities
Section 23 territorial authority local authority
9: Prohibition of storage of persistent organic pollutants
Section 25B(2)(a) (other than polychlorinated biphenyls)
10: Rapid assessment for importation or manufacture of hazardous substances
1: Section 28A(2) ; or paragraph (b)
c: the substance has been formulated so that 1 or more of its hazardous properties has a lesser degree of hazard than any substance that has been approved under this Act.
2: Section 28A(3) Section 77 Sections 77, 77A, and 77B
11: Determination of applications
Section 29(2) section 77 sections 77, 77A, and 77B
12: Importing hazardous substances in containment
Section 30 paragraph (c)
ca: formulating, relabelling, repackaging, or storing any hazardous substance for export to a destination outside New Zealand; or .
13: Exemptions from Act for small-scale research on hazardous substances
1: Section 33(d) , except as provided for in subsection (2)
2: Section 33
2: A hazardous substance, or any substance created from the use of that hazardous substance, referred to in subsection (1)
a: a laboratory in New Zealand that meets the prescribed requirements:
b: a laboratory outside New Zealand, but only if—
i: the hazardous substance or the substance has been sold to the laboratory outside New Zealand by a laboratory in New Zealand that meets the prescribed requirements; and
ii: the laboratory in New Zealand holds evidence that the hazardous substance or the substance will be used by the laboratory outside New Zealand in research and development or training, and produces that evidence if requested to do so by the Authority.
14: New heading and section 49L inserted
The principal Act is amended by inserting, after section 49K Rapid assessment and approval of other hazardous substances in special emergencies
49L: Rapid assessment and approval of other hazardous substances in special emergencies
1: Sections 49A to 49K
2: In this section, other hazardous substances means hazardous substances that are not already covered by sections 49A to 49K
15: Applications required to be publicly notified
Section 53(1)
f: an application under section 96B
16: New section 63A inserted
The principal Act is amended by inserting, after section 63
63A: Modified reassessment procedure for amendments to approvals of hazardous substances
1: Despite anything to the contrary in this Act, the Authority may, following a decision under section 62(2)
a: a reassessment of the hazardous substance under section 63
b: the amendment is not a minor or technical amendment to which section 67A
2: A reassessment under this section—
a: may vary the controls that attach to a hazardous substance, or the description of a hazardous substance, or both; but
b: may not revoke an approval given to a hazardous substance under this Act to import or manufacture the substance.
3: A reassessment under this section is deemed to be an application, and sections 55 to 61
4: The Authority may reassess a hazardous substance under this section without publicly notifying the reassessment in accordance with section 53
5: If the Authority does not publicly notify the reassessment in accordance with section 53
a: do everything reasonably practicable on its part to consult with all persons who, in its opinion, may be affected by the reassessment; and
b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and
c: consider all submissions and comments received.
6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account—
a: all the effects associated with the reassessment; and
b: the best international practices and standards for the safe management of hazardous substances.
7: Section 77
8: Section 65(e)
17: Regulations prescribing hazard classification control
Section 75
3: Any regulations made under subsection (1)(e) or (f)
a: set, or provide for the setting of, exposure limits within a range of values, or according to a methodology:
b: set, or provide for the setting of, exposure limits by adopting international values or international methodologies.
18: Controls on hazardous substances
Section 77
8: The powers under sections 77A and 77B
19: New section 77B inserted
The principal Act is amended by inserting, after section 77A
77B: Exposure limits for substances with toxic or ecotoxic properties
1: Despite anything to the contrary in this Act, the Authority may, at the time, or at any time after, it approves a substance with toxic or ecotoxic properties for any purpose under this Act,—
a: set exposure limits for the substance or any element or compound making up the substance that the Authority thinks fit; or
b: provide for the setting of exposure limits for the substance or any element or compound making up the substance.
2: Exposure limits set under subsection (1)
a: environmental exposure limits:
b: tolerable exposure limits:
c: workplace exposure standards.
3: Without limiting anything in subsection (1)
a: provide that all or any of the exposure limits set by it are for guidance only:
b: set, or provide for the setting of, exposure limits within a range of values or according to a methodology:
c: set, or provide for the setting of, exposure limits by adopting international values or international methodologies.
4: Exposure limits imposed under this section are controls for the purposes of this Act, and such exposure limits may—
a: be additional to other specified exposure limits; or
b: vary other specified exposure limits; or
c: substitute other specified exposure limits; or
d: combine other specified exposure limits; or
e: delete other specified exposure limits.
5: Before setting exposure limits under this section, the Authority must—
a: consider the best international practices and standards for the safe management of substances with toxic or ecotoxic properties; and
b: be satisfied that, against other specified exposure limits that apply to the substance,—
i: the proposed exposure limit is more effective in terms of its effect on the management, use, and risks of the substance; or
ii: the proposed exposure limit is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
iii: the proposed exposure limit is more likely to achieve its purpose; and
c: do everything reasonably practicable on its part to advise all people who in its opinion may be affected by the proposed exposure limit; and
d: give those people a reasonable opportunity to make submissions and comments to the Authority on the proposed exposure limit; and
e: consider all submissions and comments received.
6: In this section,— environmental exposure limit section 75 tolerable exposure limit section 75 workplace exposure standard section 75
20: Issue of test certificates by test certifiers
Section 82
5: A test certifier must, as soon as practicable after issuing a test certificate under this section, forward a copy of that test certificate to the Authority.
21: New sections 82A, 82B, and 82C inserted
The principal Act is amended by inserting, after section 82
82A: Register of test certificates
1: The Authority must keep and maintain a register of test certificates issued by test certifiers under section 82
2: The purpose of the register is to facilitate compliance with, and enforcement of,—
a: this Act, the Agricultural Compounds and Veterinary Medicines Act 1997 Health and Safety in Employment Act 1992 Resource Management Act 1991
b: any regulations or notices in force under those Acts.
3: The register must specify—
a: the date on which each test certificate was issued, and the expiry date or (if applicable) the date of the revocation of the test certificate; and
b: the name of the test certifier who issued the certificate; and
c: the matter for which each test certificate has been issued; and
d: details of the prescribed requirements for which each test certificate was issued; and
e: in the case of a test certificate issued in respect of a place, the street address of the place; and
f: in the case of a test certificate issued in respect of a person,—
i: the name of the person; and
ii: the name and address of the person's place of work.
4: A search of the register may be carried out by the Authority, and by the following persons for the following purposes:
a: an individual, or a person with the written consent of the individual, for the purpose of searching for information about that individual in accordance with the Privacy Act 1993
b: a test certifier for the purpose of searching for information that the test certifier has provided under section 82(5)
c: an approved person for a purpose that—
i: relates to the purpose of the register; or
ii: is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or
iii: is necessary to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences); or
iv: has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993
5: In this section, approved person
a: the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Agricultural Compounds and Veterinary Medicines Act 1997
b: a person specified in section 97
c: an enforcement officer.
82B: Delegation by approved person
1: An approved person described in section 82A(5)(a) and (b) section 82A(4)
2: The approved person may delegate the power to search the register on such terms and conditions as the approved person thinks fit.
3: Every decision made in accordance with a delegation under subsection (1)
4: Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A delegation under this section is revocable at will and does not prevent the exercise of the power to search the register by the approved person.
6: Every delegation under subsection (1)
82C: Revocation of test certificates for approved fillers and approved handlers
1: The Authority may, at any time and by notice in writing to the person to whom the test certificate was issued (the certificate holder
a: obtained the test certificate by fraud, misrepresentation, or concealment of facts; or
b: has been negligent as a certificate holder; or
c: is incompetent to act as a certificate holder.
2: The Authority may not revoke a test certificate under subsection (1)
a: has notified the certificate holder in writing of its intention to investigate whether to revoke the test certificate; and
b: has given the certificate holder reasons in writing for the Authority's investigation; and
c: has given the certificate holder a reasonable opportunity to make submissions to the Authority in respect of the investigation; and
d: has considered all submissions and any other information received; and
e: is, as a result of the investigation, satisfied that there are grounds for revoking the test certificate under subsection (1)
3: The Authority may seek, receive, or take into account any other information or evidence that the Authority considers relevant for the purposes of this section.
4: If the Authority proposes to take into account any information that is or may be prejudicial to the certificate holder, the Authority must, subject to subsection (5)
5: The Authority is not required to disclose any information under subsection (4)
6: If the Authority determines not to disclose any information in reliance on subsection (5)
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Authority must inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: the Authority must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
7: On completion of the Authority's investigation, the Authority must notify the certificate holder in writing of—
a: the Authority's decision; and
b: the certificate holder's right of appeal against that decision.
8: A test certificate that is revoked under this section is deemed to have expired on the date on which the test certificate was revoked.
9: In this section,— approved filler Hazardous Substances (Compressed Gases) Regulations 2004 approved handler Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
22: Authority to recommend establishment
Section 88(a) section 77 sections 77, 77A, and 77B
23: Transferable permit scheme and variation of controls
Section 89(1) section 77 sections 77, 77A, and 77B
24: Report on environmental user charges
Section 96(1) section 77 sections 77, 77A, and 77B
2: New Part 6A inserted in principal Act
25: New Part 6A inserted
The principal Act is amended by inserting, after Part 6
6A: Group standards
96A: Purpose of Part
The purpose of this Part is to enable the Authority to issue, amend, and revoke standards (known as group standards) for groups of hazardous substances (whether these are subject to Part 5
96B: Group standards
1: The Authority may, by notice in the Gazette
a: identify the group of hazardous substances or products (described in subsection (2)
b: impose as conditions under this section any obligations and restrictions that the Authority thinks fit on the identified group of hazardous substances or products.
2: A group standard may apply to 1 or more of the following hazardous substances or products:
a: a hazardous substance to which Part 5
b: a hazardous substance to which Parts 11 to 15
c: a hazardous substance to which a notice or regulation under Part 11 Part 5
d: a product (including, but not limited to, a manufactured article, a waste product, or a manufacturing by-product) that is, contains, incorporates, or includes a hazardous substance.
3: The Authority may, by notice in the Gazette subsection (1)
4: The Authority may issue, amend, or revoke group standards under this section—
a: on its own initiative; or
b: on application by any person.
5: A notice issued under. this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
6: As soon as practicable after issuing, amending, or revoking a group standard, the Authority must do the following:
a: publish the group standard, amendment, or revocation in a publication relevant to affected persons; and
b: make the group standard, amendment, or revocation available to be inspected free of charge and purchased at a reasonable price; and
c: give public notice of where the group standard, amendment, or revocation can be inspected or purchased.
96C: When group standards may be issued or amended
1: Before issuing or amending group standards under section 96B
a: in the case of any hazardous substance to which section 96B(2)(a) Part 5
b: in the case of any hazardous substance to which section 96B(2)(b)
c: in the case of any hazardous substance to which section 96B(2)(c)
d: in the case of any product to which section 96B(2)(d)
i: the benefits associated with a reduction of environmental and health risks outweigh the economic costs associated with complying with the group standard; and
ii: the issuing or amending (as the case may be) of group standards is the most efficient and effective way of managing the risks of all the products in the identified group, having considered matters including alternative methods of managing those risks; and
iii: the group standard is only applied to the extent that it is reasonably necessary to manage the risks of the products; and
e: where a group standard applies—
i: to 1 hazardous substance or product (described in section 96B(2)
ii: to more than 1 hazardous substance or product (described in section 96B(2)
f: consider the best international practices and standards for the safe management of hazardous substances and products (described in section 96B(2)
g: consider the types of controls appropriate for the group in accordance with sections 77, 77A, and 77B
h: in accordance with section 53
i: the proposal to issue or amend (as the case may be) group standards; and
ii: its assessment of the matters required under subsection (1)(a), (b), (c), (d), and (e)
2: Where the Authority proposes to issue, amend, or revoke group standards on its own initiative, sections 53 to 61
96D: Revocation of group standards
1: Before revoking group standards under section 96B section 53
2: Sections 54 to 61
96E: Effect of group standards
1: If a group standard applies to a hazardous substance or product, the substance or product must comply with the group standard.
2: However, in the case of a hazardous substance, if the hazardous substance also has an approval given under this Act, the substance may instead comply with the approval.
3: A hazardous substance to which section 96B(2)(a) section 29
96F: Hazardous substances in group standards if Parts 11 to 15 apply
If Parts 11 to 15 section 96B
a: Parts 11 to 15
b: the hazardous substance is deemed to have been approved by the Authority on the date that the group standard comes into force.
26: Pre-commencement consultation on group standards
Consultation on group standards completed in accordance with sections 53 to 61 Hazardous Substances and New Organisms Act 1996
3: Amendments to
Parts 7 8 10 11
27: Enforcement of Act
1: Section 97(h)(iii) local authority territorial authority
2: Section 97
2: The chief executive of a regional council may—
a: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) Resource Management Act 1991
b: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) section 98
28: New section 97B inserted
The principal Act is amended by inserting, after section 97A
97B: Enforcement of Act in respect of hazardous substances in place of work
1: The enforcement agency must ensure that the provisions of this Act are enforced in respect of hazardous substances in a place of work.
2: For the purpose of complying with subsection (1) Health and Safety in Employment Act 1992
3: In this section,— enforcement agency Health and Safety in Employment Act 1992 inspector and place of work section 2(1) of the Health and Safety in Employment Act 1992
29: Offences
Section 109(1) paragraph (ea)
eb: fails to comply with a condition imposed under section 96B(1)(b) .
30: Penalties
Section 114(1) or paragraph (ea) or paragraph (eb)
31: Strict liability and defences
Section 117(1) or paragraph (e) or paragraph (eb)
32: New section 121 substituted
The principal Act is amended by repealing section 121
121: Application of
Customs and Excise Act 1996 A hazardous substance that is being, or has been, imported in breach of this Act is a prohibited import under section 54 of the Customs and Excise Act 1996 section 209 of that Act
33: New section 122 substituted
The principal Act is amended by repealing section 122
122: Power to require hazardous substance to leave New Zealand
1: If a customs officer has reasonable cause to believe that a hazardous substance is being, or has been, imported in breach of this Act, the customs officer may,—
a: in the case of a hazardous substance that is being imported in breach of this Act, direct that the importer of the hazardous substance cause the hazardous substance to remain on the ship or aircraft and leave New Zealand at the importer's own cost and in accordance with the directions of the customs officer; or
b: in the case of a hazardous substance that has been imported in breach of this Act and has been unloaded from a ship or aircraft, direct that the importer of the hazardous substance cause the hazardous substance to leave New Zealand at the importer's own cost and in accordance with the directions of the customs officer.
2: Subsection (1)(b) section 20 of the Customs and Excise Act 1996
3: In this section,— cost importer section 2(1) of the Customs and Excise Act 1996
34: Appeals
1: Section 125(1) paragraph (d)
da: revokes a test certificate under section 82C .
2: Section 125 subsection (2A)
2B: If a customs officer directs in accordance with section 122
35: Incorporation of material by reference
1: Section 141A(1) regulations or code of practice regulations, group standard, notice of transfer, or code of practice
2: Section 141A(1)(b)
a: omitting the words a code a group standard, notice of transfer, or code
b: omitting the words regulations or code regulations, group standard, notice of transfer, or code
3: Section 141A(2)
a: omitting the words regulations or a code of practice regulations, a group standard, a notice of transfer, or a code of practice
b: omitting the words regulations or code regulations, group standard, notice of transfer, or code
4: Section 141A(3)
a: omitting the words regulations or a code of practice regulations, a group standard, a notice of transfer, or a code of practice
b: omitting the words regulations or code regulations, group standard, notice of transfer, or code
5: Section 141A(4)
a: omitting the words regulations or a code of practice regulations, a group standard, a notice of transfer, or a code of practice
b: omitting the words a code a group standard, notice of transfer, or code
36: Notification of hazardous substances injuries
1: Section 143 subsection (1)
1: In this section,— hospital means section 58(4) of the Health and Disability Services (Safety) Act 2001 medical practitioner section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003
2: Section 143 subsection (2)
2A: If a medical practitioner finds that a person who is not admitted to a hospital is suffering from an injury caused by a hazardous substance, the medical practitioner must give notice of the injury to the Medical Officer of Health.
3: Section 143(3) subsection (2) or subsection (2A)
37: Controls may be imposed for purposes of notice of transfer
Section 160B(2) sections 77 and 77A sections 77, 77A, and 77B


1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General and technical provisions
3: Purpose of this Act
1: The purpose of this Act is to confirm and validate certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
2: The validations effected by sections 13 15 16 section 4
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 13 15 16
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating any of those enactments; or
c: override any presumption that would otherwise apply to any of those enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2004 (2004 No 110)
7: Saving
The repeal of the Subordinate Legislation (Confirmation and Validation) Act 2004 subpart 2 of Part 2 of that Act
2: Confirmations and validations
8: Animal Products Act 1999
The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2004 (SR 2004/415)
9: Biosecurity Act 1993
The following orders are confirmed:
a: Biosecurity (Gypsy Moth Levy) Order 2004
b: Biosecurity (Varroa (South Island) Beekeeper Levy) Order 2005
10: Civil Aviation Act 1990
The Civil Aviation (Safety) Levies Amendment Order 2005
11: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Green-lipped Mussels) Amendment Order 2004
b: Commodity Levies (Eggs) Order 2004
12: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition (Trout) Amendment Order 2004
b: Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 2004 (SR 2004/390):
c: Excise and Excise-Equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2005 (SR 2005/122):
d: Customs Export Prohibition Order 2005
e: Customs Import Prohibition Order 2005
13: New Zealand Superannuation and and Retirement Income Act Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2005 (SR 2005/42) is validated and confirmed.
14: Road User Charges Act 1977
The Road User Charges (Rates) Order 2005 (SR 2005/39) is confirmed.
15: Tariff Act 1988
The following orders are validated and confirmed:
a: Tariff (Concessions) Amendment Order 2004
b: Tariff Amendment Order 2004 (SR 2004/425):
c: Tariff Amendment Order 2005 (SR 2005/177):
d: Tariff Amendment Order (No 2) 2005
16: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2005 (SR 2005/50)
17: Wine Act 2003
The Wine (Grape Wine Levy) Order 2005