Bail Amendment Act 2011

1: Title
This Act is the Bail Amendment Act 2011.
2: Commencement
1: Sections 4 5 7 to 14
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 5 March 2012 Bail Amendment Act 2011 Commencement Order 2011 Section 2(2) brought into force 1 July 2013 Bail Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Bail Act 2000 OIC SR 2013/157 2013-07-01 Bail Act 2000 Sections 6, 15 & 16 come into force on 1 July 2013 by SR 2013/157/2. Sections 7 to 9 are expired when section 15 comes into force. Be sure to insert appropriate history notes for sections 7 to 9 into this order to reflect this, and republish, OIC SR 2011/411 2012-03-05 Bail Act 2000 Sections 4, 5 and 7 to 14, come into force on a date appointed by the Governor-General by Order in Council.
4: Exercise of discretion when considering bail pending sentencing
Section 13
4A: Despite being satisfied that it would otherwise be in the interests of justice to grant bail, the court may remand the defendant in custody for the purpose described in subsection (4B) if it is satisfied that—
a: the defendant has breached a condition of bail imposed under section 31(2A)
b: there is no other reasonable means to achieve the purpose described in subsection (4B).
4B: The purpose referred to in subsection (4A) is to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame.
5: Section 19 substituted
Section 19
19: Publication of matters relating to hearing
1: No person may publish a report or account of any matters dealt with at a bail hearing, apart from the following matters:
a: the identity of the defendant applying for bail:
b: the charges faced by the defendant:
c: the decision of the court on the application:
d: the conditions of bail, if bail is granted.
2: Despite subsection (1), a court may make an order—
a: that permits publication of other details; or
b: that prohibits publication of all or any of the details set out in subsection (1)(a) to (d).
3: The general prohibition on publication of details of a bail hearing under subsection (1), and any specific prohibition that is ordered under subsection (2)(b), applies until—
a: the conclusion of the defendant's trial; or
b: any earlier time ordered by the court.
4: For the purposes of subsection (3), the conclusion of the defendant's trial
a: the expiry of the appeal period for an appeal of the decision or verdict at the defendant's trial; or
b: if the decision or verdict is appealed, the date on which that appeal is finally determined or withdrawn.
5: Every person commits an offence who knowingly or recklessly publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: Every person commits an offence who publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $25,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
7: Subsection (6) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific details have been placed or entered on the site or system by that person.
8: In a prosecution for an offence against subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.
6: Defendant admitted to bail by Police employee
1: Section 21
1: Any Police employee may, if he or she considers it prudent to do so, take the bail bond of a person who—
a: is charged with an offence; and
b: has been arrested without warrant.
1A: Subsection (1) is subject to sections 9, 10, 12, and 16.
2: Section 21(3)
c: is subject to the condition that, at a time and place to be specified in the bond, the person bailed attend personally before a court.
3: Section 21
4: The time specified in the bond for the purpose of subsection (3)(c) must not be later than 14 days from the date of the bond.
4AA: Subsection (4AB) applies only if—
a: the time specified for the purpose of subsection (3)(c) is not later than 7 days from the date of the bond; or
b: the court at which the defendant is to be required by the bond to attend will be closed for more than 7 consecutive days after the date that the defendant is arrested.
4AB: The Police employee who takes the bail bond of the person may, in addition to the conditions that may be imposed under subsection (3), impose any condition that might be imposed by a judicial officer or Registrar under section 30(2) or (4)
7: Conditions of bail
Section 7 expired 1 July 2013 section 14
8: Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail
Section 8 expired 1 July 2013 section 14
9: Issue of warrant to arrest defendant absconding or breaching bail condition
Section 9 expired 1 July 2013 section 14
10: Transitional provision regarding offence provision under new section 19 of principal Act
1: This section applies if an Order in Council is made under section 2(1) section 5 section 2(2) section 2(3)
2: Until the date appointed under section 2(2) section 2(3) section 19
11: Transitional provision regarding section 5
1: This section applies to any bail hearing if the proceedings for the offence with which the defendant is charged were commenced before the date on which section 5
2: Section 19 section 5
3: Section 397(3) section 397(3)
12: Transitional provision regarding sections 4 and 7
1: This section applies to any decision regarding the granting of bail if the proceedings for the offence with which the defendant is charged were commenced before the date on which sections 4 7
2: Sections 13 31 sections 4 7
3: Section 397(3) section 397(3)
13: Transitional provision regarding sections 8 and 9
Sections 36(4) 60(4) sections 8 9 sections 8 and 9
14: Expiry of sections 7 to 9
Sections 7 to 9 section 15
15: Further amendments to principal Act
The principal Act is amended as set out in the Schedule
16: Application of amendments made by section 15
The amendments made by section 15 section 15 sections 397 399 to 401


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act (No 2) 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 OIC SR 2013/158 2013-07-01 Children, Young Persons, and Their Families Act 1989 This amendment brought into force on 1 July 2013 by SR 2013/158, as per section 2 above.
4: Amendments to principal Act
The principal Act is amended in the manner set out in the Schedule
5: Application of amendments made by section 4
The amendments made by section 4 section 4 sections 397 399 to 401


Corrections Amendment Act 2011

1: Title
This Act is the Corrections Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Corrections Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Corrections Act 2004 OIC SR 2013/159 2013-07-01 Corrections Act 2004 This Act comes into force on 1 July 2013 by SR 2013/159
4: New section 34A inserted
The following section is inserted after section 34
34A: Detention of child or young person serving sentence of imprisonment
1: Notwithstanding anything in this Act,—
a: any young person who is serving a sentence of imprisonment may be detained under that sentence in any residence approved by the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and their Families Act 1989 and the chief executive; and
b: any child who is serving a sentence of imprisonment must be detained under that sentence in such a residence.
2: The provisions of this Act and of the Parole Act 2002, and regulations made under those Acts, continue to apply, with any necessary modifications, to a child or young person who is detained for the time being in a residence in accordance with subsection (1).
3: For the purposes of this section, the terms child young person residence 1985 No 120 s 142A .
5: New section 190A inserted
The following section is inserted after section 190
190A: Minister may approve subsidies for voluntary groups
1: The Minister may from time to time, with the concurrence of the Minister of Finance, approve the payment, out of money appropriated by Parliament for the purpose, of contributions towards the expenses of—
a: any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme involved with the care of persons detained in or released from prisons or subject to community-based sentences:
b: any organisation, whether formed before or after the commencement of this Act, that has as its object or one of its objects the assistance of persons detained in or released from prisons or subject to community-based sentences.
2: In approving any contribution, the Minister may impose any conditions that the Minister thinks fit with respect to its expenditure and accounting for that expenditure. 1985 No 120 s 147 .
6: Further amendments to principal Act
The principal Act is amended as set out in the Schedule


Crimes Amendment Act (No 4) 2011

1: Title
This Act is the Crimes Amendment Act (No 4) 2011.
2: Commencement
1: Sections 4(1) 5
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1): sections 4(1) and 5 brought into force 5 March 2012 Crimes Amendment Act (No 4) 2011 Commencement Order 2011 Section 2(2) brought into force 1 July 2013 Crimes Amendment Act (No 4) 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Crimes Act 1961 OIC SR 2011/412 2012-03-05 Crimes Act 1961 Sections 4(1) and 5 come into force on 5 March 2012. OIC SR 2013/160 2013-07-01 Crimes Act 1961 Rest of this Act bought into force by SR 2013/160. See section 2(2) and (3) above.
4: Duty of persons arresting
1: Section 316(2)
a: if he or she has the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to produce it if required by that person to do so:
b: if he or she does not have the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.
2: Section 316
5A: The obligation under subsection (5) ceases if the person is—
a: released following the service of a summons under section 28
b: released on bail under section 21
c: otherwise released from custody.
5: Transitional provision regarding execution of warrant to arrest
Section 316(2) section 4(1)
6: Further amendments to principal Act
The principal Act is amended as set out in the Schedule


Criminal Disclosure Amendment Act 2011

1: Title
This Act is the Criminal Disclosure Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Criminal Disclosure Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Criminal Disclosure Act 2008 OIC SR 2013/161 2013-07-01 Criminal Disclosure Act 2008 This Act brought into force on an earlier date appointed by the Governor-General by Order in Council. See section 2.
4: Initial disclosure
Section 12(1)
aa: a copy of the charging document; and .
5: New section 14A inserted
The following section is inserted after section 14
14A: Information relating to identification witnesses to be supplied to defendant
1: In this section, identification witness
2: Subject to subsection (3), at any time after a person has been charged with an offence, the prosecutor must, on request by or on behalf of that person, supply to that person—
a: the name and, if disclosure is authorised under section 17, the address of each identification witness known to the prosecutor, whether or not the prosecutor intends to call that witness to give evidence at the trial; and
b: a statement of any description of the offender given by each such witness to the Police or the prosecutor; and
c: a copy of any identikit picture or other drawing made by any such witness or from information supplied by that witness.
3: A Judge may, on the application of the prosecutor, make an order excusing the prosecutor from disclosing to the defendant any information referred to in subsection (2)(a), if the Judge is satisfied that the order is necessary to protect the identification witness or any other person. 1961 No 43 s 344C .
6: Restriction on disclosing address of witness or informant
1: Section 17(2) with the consent of the witness or informant or
2: Section 17
5: Nothing in subsection (2) applies if it is necessary to disclose the information in the charge in order to ensure that the defendant is fully and fairly informed of the charge.
7: New section 34A inserted
The following section is inserted after section 34
34A: Information disclosed late by defendant
The court may adjourn the trial if it is satisfied that evidence sought to be adduced by the defendant is, or is based on,—
a: information of a kind to which section 22 applies that was disclosed but not until after the time required by section 22(2); and
b: information of a kind to which section 23 applies that was disclosed but not within the time required by section 23(1) (including any further time allowed by the court under section 23(1)).
8: Further amendments to principal Act
The principal Act is amended as set out in the Schedule


1: Title
This Act is the Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Criminal Procedure (Mentally Impaired Persons) Act 2003 OIC SR 2013/163 2013-07-01 Criminal Procedure (Mentally Impaired Persons) Act 2003 brought into force by Order in Council
4: Amendments to principal Act
The principal Act Schedule
5: Application of amendments made by section 4
The amendments made by section 4 section 4 sections 397 399 to 401 Criminal Procedure Act 2011


1: Title
This Act is the District Courts Amendment Act (No 2) 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 District Courts Amendment Act (No 2) 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the District Courts Act 1947 OIC SR 2013/164 2013-07-01 District Courts Act 1947 brought into force on an earlier date appointed by the Governor-General by Order in Council. Note: Sections 6 to 11. (spoke to Cathy on this one). These sections will need to be read as individual, as they have a “not in force” on what to amend on the date that the section comes into force” and also a “is in force on that date that the section comes into force with different amendments”. comments have been inserted above these sections for extra precaution.
4: New section 5B inserted
The following section is inserted after section 5A
5B: Appointment of jury trial Judges
1: The Governor-General must, by warrant, appoint sufficient Judges to exercise the criminal jurisdiction of the courts in respect of jury trials under the Criminal Procedure Act 2011
2: The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge. 1947 No 16 s 28B .
5: New sections 11CA to 11CE inserted
The following sections are inserted after section 11C
11CA: No proceeding against Community Magistrate unless he or she acted without jurisdiction
1: No proceeding may be commenced against any Community Magistrate for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
2: If a warrant to seize property or warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it. 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193
11CB: No proceeding against Community Magistrate to be commenced in District Court
No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction may be commenced in a District Court. 1927 No 37 s 353; 1957 No 87 s 194
11CC: Onus of proof
In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it. 1927 No 37 s 365; 1957 No 87 s 195
11CD: Plaintiff may be ordered to give security for costs
1: This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
2: The High Court or any Judge of that Court, on application by the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.
3: If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed. 1927 No 37 ss 357, 359; 1957 No 87 s 196
11CE: Indemnity to Community Magistrate
1: Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
2: The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Community Magistrate ought fairly and reasonably to be excused.
3: Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.
4: The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Community Magistrate ought fairly and reasonably to be excused; and
c: the amount paid or agreed to be paid was fair and reasonable.
5: If the High Court Judge is not satisfied of the matter in subsection (4)(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge's opinion is adequate to settle the plaintiff's claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.
6: Application for a certificate under any of subsections (2), (4), or (5) may be made by a Community Magistrate at any time to a Judge in Chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.
7: A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear and oppose it. 1957 No 87 s 197 .
6: Principal Act amendments taking into account section 14 of District Courts Amendment Act 2011
1: If section 14
a: section 84C(2)(c) section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
b: new section 84EA(5)(c) section 14 section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
c: subsection (2) of this section is repealed.
2: 2013-07-01 District Courts Amendment Act 2011 Sections 14, 19 & 23 were not in force on 1 July 2013, therefore the amendments made by s 6(1)(b) etc must be made to the District Courts Amendment Act 2011 2013-07-01 District Courts Amendment Act (No 2) 2011 See s 6(1)(c) etc. Section 6(2) repealed 1 July 2013
7: Principal Act amendment further taking into account section 14 of District Courts Amendment Act 2011
1: If section 14
a: section 84C(2)(d) constable Police employee
b: subsection (2) of this section is repealed.
2: Section 7(2) repealed 1 July 2013
8: Amendment to principal Act taking into account section 19 of District Courts Amendment Act 2011
1: If section 19
a: section 84K(1) summary
b: subsection (2) of this section is repealed.
2: Section 8(2) repealed 1 July 2013
9: Principal Act: first amendment taking into account section 23 of District Courts Amendment Act 2011
1: If section 23
a: section 84O(6)(b) section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
b: new section 84OB(3)(d) section 23 section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
c: subsection (2) of this section is repealed.
2: Section 9(2) repealed 1 July 2013
10: Principal Act: second amendment taking into account section 23 of District Courts Amendment Act 2011
1: If section 23
a: section 84O(6)(c) constable Police employee
b: subsection (2) is repealed.
2: Section 10(2) repealed 1 July 2013
11: Principal Act: third amendment taking into account section 23 of District Courts Amendment Act 2011
1: If section 23
a: section 84O(7) on an information
b: section 84O(8) on an information
c: section 23 section 84O(6) on an information before a Judge alone in relation to a charge
d: subsection (2) of this section is repealed.
2: Section 11(2) repealed 1 July 2013
12: Further amendments to principal Act
The principal Act is amended as set out in the Schedule


Evidence Amendment Act 2011

1: Title
This Act is the Evidence Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Evidence Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Evidence Act 2006 OIC SR 2013/165 2013-07-01 Evidence Act 2006 Brought into force earlier by OIC as per section 2 above.
4: New section 46A inserted
The following section is inserted after section 46
46A: Caution regarding reliance on identification evidence
If evidence of identity is given against the defendant and the defendant disputes that evidence, the court must bear in mind the need for caution before convicting the defendant in reliance on the correctness of any such identification and, in particular, the possibility that the witness may be mistaken. 1957 No 87 s 67A .
5: Further amendments to principal Act
The principal Act is amended as set out in the Schedule


Juries Amendment Act 2011

1: Title
This Act is the Juries Amendment Act 2011.
2: Commencement
1: Sections 4 to 6
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1): sections 4–6 brought into force 5 March 2012 Juries Amendment Act 2011 Commencement Order 2011 Section 2(2) brought into force 1 July 2013 Juries Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Juries Act 1981 OIC SR 2011/414 2012-03-05 Juries Act 1981 Sections 4 to 6 of the Juries Amendment Act 2011 come into force on 5 March 2012. OIC SR 2013/166 2013-07-01 Juries Act 1981 Section 7 comes into force on 1 July 2013.
4: Application
The amendments made by sections 5 6
5: Discharge of juror or jury
1: Section 22(1)(b) , subject to subsection (1A) jury and
2: Section 22
1A: The court may proceed with fewer than 10 jurors under subsection (1)(b) only if all parties consent to doing so and the court, having regard to the interests of justice, considers that it should do so.
6: Consequences of discharge under section 22
1: Section 22A(2)
2: Section 22A(3) under section 22(1)(b) proceeds with fewer than 12 jurors
7: Further amendments to principal Act
The principal Act is amended as set out in the Schedule


1: Title
This Act is the Justices of the Peace Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Justices of the Peace Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Justices of the Peace Act 1957 OIC SR 2013/167 2013-07-01 Justices of the Peace Act 1957 Brought into force on an earlier date appointed by the Governor-General by Order in Council
4: Functions and powers of Justices
Section 4(b) Summary Proceedings Act 1957 Criminal Procedure Act 2011
5: New sections 4A to 4F inserted
The following sections are inserted after section 4
4A: Application of sections 4B to 4F
Sections 4B to 4F
4B: No proceeding against Justice unless he or she acted without jurisdiction
1: No proceeding may be commenced against any Justice for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
2: If a warrant to seize property or warrant of commitment is granted by a Justice in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Justice who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it. 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193
4C: No proceeding against Justice to be commenced in District Court
No proceeding against any Justice by any person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction may be commenced in a District Court. 1927 No 37 s 353; 1957 No 87 s 194
4D: Onus of proof
In any proceeding commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it. 1927 No 37 s 365; 1957 No 87 s 195
4E: Plaintiff may be ordered to give security for costs
1: This section applies to any proceedings commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction.
2: The High Court or any Judge of that Court, on application by the Justice at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.
3: If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed. 1927 No 37 ss 357, 359; 1957 No 87 s 196
4F: Indemnity to Justice
1: Subsection (2)
2: The Justice must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Justice ought fairly and reasonably to be excused.
3: Subsections (4) and (5)
4: The Justice must be indemnified by the Crown to the full amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Justice ought fairly and reasonably to be excused; and
c: the amount paid or agreed to be paid was fair and reasonable.
5: If the High Court Judge is not satisfied of the matter in subsection (4)(c)
6: Application for a certificate under any of subsections (2), (4), or (5)
7: A copy of the application must be served by the Justice on the Attorney-General, who is entitled to appear and oppose it. 1957 No 87 s 197 .


1: Title
This Act is the New Zealand Bill of Rights Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 New Zealand Bill of Rights Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the New Zealand Bill of Rights Act 1990 OIC SR 2013/168 2013-07-01 New Zealand Bill of Rights Act 1990 Brought into force earlier by OIC as per section 2 above.
4: Rights of persons charged
Section 24(e) more than 3 months 2 years or more


Sentencing Amendment Act (No 2) 2011

1: Title
This Act is the Sentencing Amendment Act (No 2) 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Sentencing Amendment Act (No 2) 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Sentencing Act 2002 OIC SR 2013/169 2013-07-01 Sentencing Act 2002 Brought into force by OIC. See section 2.
4: Aggravating and mitigating factors
1: Section 9(1)
k: any failure by the offender personally (or failure by the offender's lawyer arising out of the offender's instructions to, or failure or refusal to co-operate with, his or her lawyer) to comply with a procedural requirement that, in the court's opinion, has done either or both of the following:
i: caused a delay in the disposition of the proceedings:
ii: had an adverse effect on a victim or witness.
2: Section 9(2)
fa: that the offender has taken steps during the proceedings (other than steps to comply with procedural requirements) to shorten the proceedings or reduce their cost:
fb: any adverse effects on the offender of a delay in the disposition of the proceedings caused by a failure by the prosecutor to comply with a procedural requirement: .
3: Section 9
5: In this section, procedural requirement
a: the Criminal Procedure Act 2011
b: any rules of court or regulations made under that Act; or
c: the Criminal Disclosure Act 2008 or any regulations made under that Act.
5: New section 81B inserted
The following section is inserted before section 82
81B: Procedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment
1: This section applies if a person is convicted by a District Court of an offence with a maximum penalty of life imprisonment, and the court has reason to believe that a sentence of life imprisonment may be appropriate.
2: The court must transfer the offender to the High Court for sentence and endorse on the charging document a statement to the effect that the court has declined jurisdiction on the ground that it has reason to believe that the offender should be considered for a sentence of life imprisonment.
6: New section 143A inserted
The following section is inserted after section 143
143A: Sentencing following finding or verdict of guilt on more than 1 charge
If 1 sentence is imposed following a finding of guilt or verdict of guilty on more than 1 charge, the sentence is lawful if any of those charges would have justified the sentence. 1961 No 43 s 340(7) .
7: Other amendments to principal Act
The principal Act is amended as set out in the Schedule


1: Title
This Act is the Summary Proceedings Amendment Act (No 2) 2011.
2: Commencement
1: Sections 4 to 6
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1): sections 4–6 brought into force 5 March 2012 Summary Proceedings Amendment Act (No 2) 2011 Commencement Order 2011 Section 2(2) brought into force 1 July 2013 Summary Proceedings Amendment Act (No 2) 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957 OIC SR 2011/415 2012-03-05 Summary Proceedings Act 1957 Sections 4 to 6 come into force on a date appointed by the Governor-General by Order in Council. OIC SR 2013/170 2013-07-01 Summary Proceedings Act 1957 Sections 7 to 9 brought into force by OIC. No other section remain to be brought into force.
4: Withdrawal of warrant
Section 4 expired 1 July 2013 section 6
5: Transitional provision regarding withdrawal of warrants to arrest
The power conferred on a Registrar by section 23(2) section 4
6: Expiry of section 4
Section 4 section 7 Section 4 is expired when section 7 comes into force. 2013-07-01 Summary Proceedings Amendment Act (No 2) 2011 SR 2013/170 set the commencement date as 1 July 2013
7: Other amendments to principal Act
1: The heading to section 1 Short
2: The principal Act is amended as set out in the Schedule
8: Transitional provision relating to enforcement of fines
The principal Act as amended by this
9: Repeal of sections 19 and 20 of Summary Proceedings Amendment Act (No 2) 2008
Sections 19 20 OIC SR 2013/170 2013-07-01 Summary Proceedings Amendment Act (No 2) 2008 Brought into force by Order in Council (other than sections 4 to 6)


Victims' Rights Amendment Act 2011

1: Title
This Act is the Victims' Rights Amendment Act 2011.
2: Commencement
1: Sections 4 to 7
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1): sections 4–7 brought into force 5 March 2012 Victims' Rights Amendment Act 2011 Commencement Order 2011 Section 2(2) brought into force 1 July 2013 Victims' Rights Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Victims' Rights Act 2002 OIC SR 2011/416 2012-03-05 Victims' Rights Act 2002 Sections 4 to 7 OIC SR 2013/171 2013-07-01 Victims' Rights Act 2002 section 8 brought into force by OIC
4: Procedure before ascertaining information from victim
Section 4 repealed 6 December 2014 section 53 Victims’ Rights Act 2002
5: Form and verification of information ascertained
Section 5 repealed 6 December 2014 section 53 Victims’ Rights Act 2002
6: New section 21A inserted
Section 6 repealed 6 December 2014 section 53 Victims’ Rights Act 2002
7: Transitional provision regarding submitting victim impact statement for purpose of sentence indication
Section 7 repealed 6 December 2014 section 53 Victims’ Rights Act 2002
8: Other amendments to principal Act
The principal Act is amended as set out in the Schedule


1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2011.
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
The purpose of this Act is to prevent the lapse (expiry or deemed revocation) of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 10 11 12
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 2010 2011-10-18 Subordinate Legislation (Confirmation and Validation) Act 2010
2: Confirmations and validations
7: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Eggs) Order 2010
b: Commodity Levies (Tamarillos) Order 2010 2011-10-18 Commodity Levies (Eggs) Order 2010 Commodity Levies (Tamarillos) Order 2010
8: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition (Trout) Order 2010
b: Customs Export Prohibition (Livestock for Slaughter) Order 2010
c: Excise and Excise-equivalent Duties (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2010:
d: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2011:
e: Customs Export Prohibition Order 2011
f: Customs Import Prohibition Order 2011 2011-10-18 Customs Import Prohibition (Trout) Order 2010 Customs Export Prohibition (Livestock for Slaughter) Order 2010 Customs Export Prohibition Order 2011 Customs Import Prohibition Order 2011
9: Land Transport Act 1998
The Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 2011-10-18 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011
10: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2011 2011-10-18 Social Security (Rates of Benefits and Allowances) Order 2011
11: Tariff Act 1988
The Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Order 2010 is validated and confirmed.
12: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2011 2011-10-18 War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2011
13: Wine Act 2003
The Wine (Grape Wine Levy) Order 2010 2011-10-18 Wine (Grape Wine Levy) Order 2010


1: Title
This Act is the Video Camera Surveillance (Temporary Measures) Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purposes of this Act
The purposes of this Act are—
a: to leave unaffected, as far as the parties in the proceedings entitled R v Hamed & Others Hamed & Others v R
b: to provide a temporary period that will enable Parliament to address in a comprehensive way the matters raised in the decision regarding the lawful and appropriate use of video camera surveillance as part of law enforcement; and
c: to uphold, during the temporary period referred to in paragraph (b), the deployment of video camera surveillance only to the extent that it was considered to be not unlawful in decisions prior to the decision in Hamed
d: to ensure that the right to be secure against unreasonable search and seizure set out in section 21
4: Interpretation
In this Act, unless the context otherwise requires,— covert video camera surveillance decision Hamed & Others v R search section 3(b)
a: that is, or is in connection with, a search in respect of which a search warrant has been issued; or
b: that is a search where surveillance is conducted from outside the boundaries of the land or place under observation specified person Crimes Act 1961 Arms Act 1983 use
2: Temporary measures, past court decisions undisturbed, and savings
Temporary measures
5: Temporary continuation of lawfulness of certain uses of video camera surveillance
1: This section applies to the use of covert video camera surveillance as part of, or in connection with, a search, if that use occurs on or after the commencement of this Act but before the close of the day that is 6 months after the date on which this Act comes into force.
2: The use of covert video camera surveillance as part of, or in connection with, a search does not of itself render the search unlawful.
3: This section is subject to sections 6 7 Past court decisions undisturbed
6: Past court decisions undisturbed
1: Despite section 5(1)
2: This section is subject to section 7 Savings
7: Savings
Nothing in this Act affects the decision as it relates to any specified person.


Sleepover Wages (Settlement) Act 2011

1: Title
This Act is the Sleepover Wages (Settlement) Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purposes
1: The purposes of this Act are—
a: to facilitate the settlement of civil proceedings between certain parties about the payment of wages at the minimum rate prescribed under the Minimum Wage Act 1983
b: to provide for a staged progression towards full compliance with the Minimum Wage Act 1983
c: to provide a mechanism for extending the application of subparts 1 2
2: To those ends, this Act—
a: gives legal effect to certain aspects of the terms of the settlement of the parties referred to in subsection (1)(a); and
b: extinguishes certain claims for sleepover wages in respect of sleepovers performed before the commencement of this Act; and
c: creates entitlements to back wages for certain sleepovers; and
d: provides for a staged progression of payments for sleepovers towards the minimum hourly rate prescribed under the Minimum Wage Act 1983
e: provides an Order in Council mechanism for extending the application of subparts 1 2
f: preserves the agreement dated 13 September 2011 between the Crown, Idea Services Limited, Phillip William Dickson, and the Service and Food Workers Union Nga Ringa Tota as it relates to the decision of the Court of Appeal in Idea Services Limited v Phillip William Dickson
4: Interpretation
1: In this Act, unless the context otherwise requires,— applicable minimum hourly rate section 19(2) back wages claim for sleepover wages section 11 current employee disability support services section 6(1) employee employer employer in the health and disability sector Employment Court section 186 Employment Relations Authority Authority section 156 health services section 6(1) historic employee Idea Services recent employee settlement section 30(3) sleepover
a: required to be at the employee's workplace; and
b: allowed to sleep at the workplace while on duty; and
c: required to be available to attend to his or her duties during the course of the night as necessary sleepover wages
a: means wages in respect of a sleepover payable under the Minimum Wage Act 1983
b: includes, as the context requires, wages in respect of a sleepover payable under this Act Timata Hou Vote section 2(1) wages
a: includes—
i: back wages:
ii: productivity or incentive-based payments; but
b: does not include—
i: non-taxable allowances paid by the employer to the employee:
ii: any payment of an employer contribution to a superannuation scheme for the benefit of the employee workplace section 5
2: A reference in this Act to an employee, in relation to the payment of any sleepover wages under this Act must, unless the context otherwise requires, be taken to include a person who, at the time that the payment is required to be made under this Act,—
a: is entitled to the payment; but
b: has ceased to be in the employment of the employer concerned.
5: Act binds the Crown
This Act binds the Crown.
6: Relationship between this Act and other law
This Act applies despite anything to the contrary in the following:
a: the Minimum Wage Act 1983
b: any other enactment:
c: any rule of law.
7: Expiry
1: This Act expires on the close of the day that is 5 years after the date of its commencement.
2: On the expiry of this Act, Orders in Council made under section 24 2016-10-19 Sleepover Wages (Settlement) Act 2011 Sleepover Wages (Settlement) (CCS Disability Action Otago Incorporated) Order 2013 Sleepover Wages (Settlement) (CCS Disability Action Southland Incorporated) Order 2013 Sleepover Wages (Settlement) (Community Living Limited) Order 2013 Sleepover Wages (Settlement) (Hawke's Bay District Health Board) Order 2013 Sleepover Wages (Settlement) (Health Action Trust (Nelson)) Order 2013 Sleepover Wages (Settlement) (IRIS Limited) Order 2013 Sleepover Wages (Settlement) (The Carroll Street Trust) Order 2013 Sleepover Wages (Settlement) (Te Anua Nua Trust) Order 2013 Sleepover Wages (Settlement) (Te Whare Mahana Trust Board) Order 2013 Sleepover Wages (Settlement) (Wellington After-Care Association Incorporated) Order 2013 Sleepover Wages (Settlement) (Christchurch Residential Care Limited) Order 2013 Sleepover Wages (Settlement) (GIFT Centre) Order 2013 Sleepover Wages (Settlement) (Greenways Trust) Order 2013 Sleepover Wages (Settlement) (Hohepa Homes Trust Board) Order 2013 Sleepover Wages (Settlement) (Independence House Connelly Trust) Order 2013 Sleepover Wages (Settlement) (Manaaki Trust) Order 2013 Sleepover Wages (Settlement) (MASH Trust) Order 2013 Sleepover Wages (Settlement) (Nelson Marlborough District Health Board) Order 2013 Sleepover Wages (Settlement) (Q-nique Limited) Order 2013 Sleepover Wages (Settlement) (Ranfurly Care Society Incorporated) Order 2013 Sleepover Wages (Settlement) (Rescare Management Limited) Order 2013 Sleepover Wages (Settlement) (Solway Trust) Order 2013 Sleepover Wages (Settlement) (The South Waikato Achievement Trust) Order 2013 Sleepover Wages (Settlement) (S R S Limited) Order 2013 Sleepover Wages (Settlement) (Te Awamutu Gracelands Trust) Order 2013 Sleepover Wages (Settlement) (Te Roopu Whakapakari Ora Trust) Order 2013 Sleepover Wages (Settlement) (Te Runanga o Toa Rangatira Incorporated) Order 2013 Sleepover Wages (Settlement) (The Eastgate Community Trust) Order 2013 Sleepover Wages (Settlement) (The Karldon Trust) Order 2013 Sleepover Wages (Settlement) (The Open Home Foundation of New Zealand) Order 2013 Sleepover Wages (Settlement) (The Paulownia Trust) Order 2013 Sleepover Wages (Settlement) (The Salvation Army New Zealand Trust) Order 2013 Sleepover Wages (Settlement) (The Wellink Trust) Order 2013 Sleepover Wages (Settlement) (Anglican Trust for Women and Children) Order 2013 Sleepover Wages (Settlement) (Barnardos New Zealand Incorporated) Order 2013 Sleepover Wages (Settlement) (The Home and Family Society Christchurch Incorporated) Order 2013 Sleepover Wages (Settlement) (Brackenridge Estate Limited) Order 2013 Sleepover Wages (Settlement) (Claddagh Haven Trust Board) Order 2013 Sleepover Wages (Settlement) (Donaldson Residential Trust) Order 2013 Sleepover Wages (Settlement) (Geraldine Pathways Centre Trust) Order 2013 Sleepover Wages (Settlement) (Henderson Home Community Homes Limited) Order 2013 Sleepover Wages (Settlement) (Laura Fergusson Trust (Canterbury)) Order 2013 Sleepover Wages (Settlement) (Te Tomika Trust) Order 2013 Sleepover Wages (Settlement) (Te Whanau Tokotokorangi Charitable Trust) Order 2013 Sleepover Wages (Settlement) (Healthcare of New Zealand Limited) Order 2013 Sleepover Wages (Settlement) (Pact Group) Order 2013 Sleepover Wages (Settlement) (Te Roopu Taurima O Manukau Trust) Order 2013 Sleepover Wages (Settlement) (Te Rori a Mua Trust) Order 2013 Sleepover Wages (Settlement) (Arataki Ministries Limited) Order 2013 Sleepover Wages (Settlement) (Ballymena Properties Limited) Order 2013 Sleepover Wages (Settlement) (Braeburn House Limited) Order 2013 Sleepover Wages (Settlement) (Central Health Limited) Order 2013 Sleepover Wages (Settlement) (Corstorphine Baptist Community Trust) Order 2013 Sleepover Wages (Settlement) (Framework Trust) Order 2013 Sleepover Wages (Settlement) (Gateway Housing Trust) Order 2013 Sleepover Wages (Settlement) (Kotuku Trust) Order 2013 Sleepover Wages (Settlement) (St. Marks Society) Order 2013 Sleepover Wages (Settlement) (Te Awhi Whanau Charitable Trust) Order 2013 Sleepover Wages (Settlement) (Te Mana Oranga Trust) Order 2013 Sleepover Wages (Settlement) (Te Oranganui Trust (Incorporated)) Order 2013 Sleepover Wages (Settlement) (Toucan Taranaki 2004 Limited) Order 2013 Sleepover Wages (Settlement) (Totara 61 Limited) Order 2013 Sleepover Wages (Settlement) (West Auckland Living Skills Homes Trust Board) Order 2013 Sleepover Wages (Settlement) (Taonga Education Centre Charitable Trust) Order 2013 Sleepover Wages (Settlement) (Hinemoa Lodge Limited) Order 2013 Sleepover Wages (Settlement) (Te Kotuku Ki Te Rangi Charitable Trust) Order 2013 Sleepover Wages (Settlement) (Ngatihine Health Trust Board) Order 2013 Sleepover Wages (Settlement) (Pathways Health Limited) Order 2013 Sleepover Wages (Settlement) (Recovery Solutions Services Limited) Order 2013 Sleepover Wages (Settlement) (Richmond Services Limited) Order 2013 Sleepover Wages (Settlement) (Arahura Charitable Trust) Order 2014 Sleepover Wages (Settlement) (Mahitahi Trust) Order 2014 Sleepover Wages (Settlement) (Hauora Waikato Maori Mental Health Services) Order 2014 Sleepover Wages (Settlement) (Raukura Hauora O Tainui Trust) Order 2014 Sleepover Wages (Settlement) (BUPA Care Services NZ Limited) Order 2014 Sleepover Wages (Settlement) (Totara Trust Horowhenua Board) Order 2014 Sleepover Wages (Settlement) (Te Roopu Manaaki I Te Hunga Haua Incorporated) Order 2014 Sleepover Wages (Settlement) (Central Otago Living Options Limited) Order 2014 Sleepover Wages (Settlement) (Mount Tabor Trust) Order 2014
2: Sleepover wages
1: Extinguishing claims for sleepover wages
Preliminary
8: Application of this subpart
1: This subpart applies to—
a: the following employers:
i: Idea Services:
ii: Timata Hou:
iii: any employer in the health and disability sector; and
b: each employee of the employers referred to in paragraph (a) who performed a sleepover.
2: Subsection (1) is subject to—
a: section 24
b: section 34 Extinguishment
9: Certain claims for sleepover wages by employees of Idea Services and Timata Hou extinguished
On the commencement of this Act, a claim for sleepover wages in respect of a sleepover performed before the commencement of this Act by an employee of Idea Services or Timata Hou—
a: is unenforceable and of no effect; and
b: must be treated as if it had been withdrawn.
10: Certain claims for sleepover wages by employees of other employers in health and disability sector extinguished
On the commencement of this Act, a claim for sleepover wages lodged after 5 pm on 2 September 2011 in respect of a sleepover performed before the commencement of this Act by an employee of any employer in the health and disability sector—
a: is unenforceable and of no effect; and
b: must be treated as if it had been withdrawn.
11: Effect of this subpart on other civil proceedings
1: On and from the commencement of this Act, an employee to whom this subpart applies—
a: cannot name, join, or seek to name or join the employee's employer, the Crown, or any other person as a defendant or a third party or subsequent party in—
i: any claim for sleepover wages in respect of a sleepover that is, could be, or could have been the subject of a claim for sleepover wages extinguished under section 9 10
ii: any other civil proceedings relating to liability for sleepover wages in respect of that sleepover; and
b: cannot apply in any civil proceedings for any remedy or relief from the employee's employer, the Crown, or any other person in relation to any sleepover wages in respect of a sleepover that is, could be, or could have been the subject of a claim for sleepover wages extinguished under section 9 10
2: This section is subject to section 13(2) and (3)
2: Settlement relating to Idea Services and Timata Hou
Preliminary
12: Application of this subpart
1: This subpart applies only to—
a: the following employers:
i: Idea Services:
ii: Timata Hou; and
b: each employee of Idea Services or Timata Hou who performs or performed a sleepover.
2: Subsection (1) is subject to—
a: section 24
b: section 34
13: Effect of this subpart on civil proceedings
1: On and from the commencement of this Act, an employee to whom this subpart applies—
a: cannot name, join, or seek to name or join the employee's employer, the Crown, or any other person as a defendant or a third party or subsequent party in—
i: any claim for sleepover wages in respect of a sleepover to which the employee is, could be, or could have been entitled under this subpart; or
ii: any other civil proceedings relating to liability for sleepover wages in respect of that sleepover; and
b: cannot apply in any civil proceedings for any remedy or relief from the employee's employer, the Crown, or any other person in relation to any sleepover wages in respect of a sleepover to which the employee is, could be, or could have been entitled under this subpart.
2: This section does not limit or prevent an action by an employee to whom this subpart applies for—
a: the recovery of sleepover wages in respect of a sleepover to which the employee is entitled under this subpart; or
b: the enforcement of any obligation imposed on an employer by this subpart.
3: This section—
a: does not limit or affect any agreement entered into between the Crown and any person in relation to all or any of the matters dealt with by this Act; and
b: does not prevent any of the parties to the agreement commencing any proceedings in relation to—
i: the interpretation or implementation of the agreement; or
ii: the enforcement of any obligation imposed on a party to the agreement. Back wages for sleepover
14: Entitlement of current employees
1: A current employee to whom this subpart applies is entitled to be paid back wages for a sleepover if the employee—
a: performed the sleepover during the period beginning on 1 July 2005 and ending with the close of 30 June 2011; and
b: lodged a claim for sleepover wages by 5 pm on 2 September 2011.
2: The amount of back wages payable to the current employee under subsection (1) is the amount calculated in accordance with the formula set out section 19(1)
15: Entitlement of recent employees
1: A recent employee to whom this subpart applies is entitled to be paid back wages for a sleepover if the employee—
a: performed the sleepover during the period beginning on 1 July 2005 and ending with the close of 30 June 2011; and
b: lodged a claim for sleepover wages by 5 pm on 2 September 2011.
2: The amount of back wages payable to the recent employee under subsection (1) is the amount calculated in accordance with the formula set out in section 19(1)
16: Entitlement of historic employees
1: A historic employee to whom this subpart applies is entitled to be paid back wages for a sleepover if the employee—
a: performed the sleepover no earlier than 1 June 2004 during the 6-year period immediately before the date on which the employee lodged a claim for sleepover wages; and
b: lodged that claim by 5 pm on 2 September 2011.
2: The amount of back wages payable to the historic employee under subsection (1) is the amount calculated in accordance with the formula set out in section 19(1)
17: Entitlements may be several
To avoid doubt, an employee to whom this subpart applies may be entitled to payments for back wages under any or all of sections 14 to 16
18: Disentitlement to back wages for other sleepovers
To avoid doubt, an employee to whom this subpart applies is not entitled to back wages for a sleepover except as provided in sections 14 to 16
19: Calculation of back wages
1: Any back wages for a sleepover payable under any of sections 14 to 16 (((a × 9) – b) + c) × 0.50 = d where— a is the applicable minimum hourly rate b is the amount of taxable allowances for a sleepover that was actually payable by the employer to the employee to whom this subpart applies at the time the employee performed the sleepover c in relation to the sleepover, is the difference between—
a: the amount the employer would have paid in respect of annual holidays taken by the employee to whom this subpart applies had the applicable minimum hourly rate been paid for the sleepover; and
b: the amount actually paid by the employer to the employee to whom this subpart applies in respect of annual holidays taken by the employee d is the gross amount of back wages payable to an employee to whom this subpart applies before tax is withheld.
2: In subsection (1) applicable minimum hourly rate section 4
20: When back wages must be paid
An employer must pay any back wages for a sleepover that are payable to an employee to whom this subpart applies no later than 2 months after the date of commencement of this Act. Staged progression to minimum wage
21: Entitlement of employees to specified amount for sleepover performed immediately before commencement of this Act
1: During the period beginning on 1 July 2011 and ending with the close of the day before the commencement of this Act, an employer must pay an employee to whom this subpart applies an amount calculated in accordance with the formula set out in section 19(1)
2: An employer must pay any amount payable to the employee under subsection (1) no later than 2 months after the date of commencement of this Act.
22: Entitlement to be paid minimum hourly rates for sleepovers performed after commencement of this Act
1: An employer must pay an employee to whom this subpart applies for each hour of sleepover that the employee performs during the period specified in the first column of the following table at the minimum hourly rate opposite that period specified in the second column of the following table: The following table is small in size and has 2 columns. Column 1 is headed Specified period. Column 2 is headed Minimum hourly rate. Specified period Minimum hourly rate Period beginning on the commencement of this Act and ending with the close of 30 June 2012 50% of the applicable minimum hourly rate Period beginning on 1 July 2012 and ending with the close of 24 December 2012 75% of the applicable minimum hourly rate Period beginning on 25 December 2012 and ending with the close of 30 June 2013 100% of the applicable minimum hourly rate
2: On and after 1 July 2013, an employer must pay an employee to whom this subpart applies for each hour of a sleepover performed by the employee at not less than the rate of minimum hourly wage that applies under the Minimum Wage Act 1983
3: To avoid doubt, this section does not limit or affect any deductions that may lawfully be made to an amount payable under subsection (1) or (2).
3: Miscellaneous
Application of subparts 1 and 2 to other employers and other employers' employees
23: Definitions for sections 24 to 28
In sections 24 to 28 other employer
a: any employer in the health and disability sector:
b: any employer in any other employment sector funded through a Vote other employer's employees relevant Minister
24: Power to extend subparts 1 and 2 to other employers and other employers' employees by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister after consultation with the Minister of Labour, modify or extend the application of—
a: both subparts 1 2
i: any other employer; and
ii: that other employer's employees:
b: only subpart 2
i: any other employer; and
ii: that other employer's employees.
2: An Order in Council made under subsection (1) section 25 26 27 28 subparts 1 2 section 3(1)(a) and (b)
3: An Order in Council made under subsection (1) must not provide for a process for achieving a staged progression to the minimum hourly rate of wage that applies under the Minimum Wage Act 1983
4: An Order in Council made under subsection (1)—
a: may specify a date in accordance with section 25(b) 26(a)
b: may be retrospective only to the extent provided in paragraph (a).
25: Modifications or extensions to subpart 1
In order to give effect to a proposed settlement between any other employer and that other employer's employees, a modification or extension of a provision in subpart 1
a: extend the application of that subpart by declaring the other employer to be an employer to which that subpart applies:
b: specify different dates or different requirements in relation to the extinguishment of claims for sleepover wages made by the other employer's employees:
c: in relation to an employer in the health and disability sector, make any modifications to extend the effect of section 9
26: Modifications or extensions to subpart 2
In order to give effect to a proposed settlement between any other employer and that other employer's employees, a modification or extension of a provision in subpart 2
a: specify different dates by which claims for sleepover wages must be made in order for the other employer's employees to be entitled to back wages:
b: substitute different periods of sleepovers performed by the other employer's employees in respect of which back wages are payable:
c: prescribe a different formula or method for calculating back wages for those sleepovers:
d: provide for a different period by which back wages must be paid as long as—
i: that period is within 2 months after the date of commencement of the Order in Council concerned; or
ii: the relevant Minister is satisfied that the proposed period for payment has been agreed to by a simple majority of the other employer's employees:
e: provide for a different process for achieving a staged progression to the minimum hourly rate of wage that applies under the Minimum Wage Act 1983
27: Limitations on modifications or extensions to subparts 1 and 2 if settlement cannot be reached
1: This section applies if a settlement between any other employer and that other employer's employees cannot be reached.
2: If this section applies, the relevant Minister must not recommend the making of an Order in Council under section 24 subparts 1 2 subpart 2
a: has given written notice to the parliamentary leaders of all political parties represented in Parliament of the proposed recommendation to make the Order in Council; and
b: is satisfied that the recommendation has the written support of the parliamentary leaders of those political parties that together command a simple majority in the House of Representatives.
28: Limitations on modifications or extensions to subparts 1 and 2 in relation to health and disability sector
Despite sections 25 26 subparts 1 2
a: amend the formula for calculating back wages set out in section 19(1) a
b: extend the deadline for paying 100% of the applicable minimum hourly rate to a date later than 30 June 2013:
c: substitute a different period within which the specified amount referred to in section 21(1) section 21(2)
d: provide for any of the matters specified in section 25(b) 26(a) or (b)
29: Application of Legislation Act 2012
An Order in Council made under section 24 Legislation Act 2012 section 41 Section 29 replaced 5 August 2013 section 77(3) Legislation Act 2012 Dispute resolution under Act
30: Access to mediation services or Employment Relations Authority
1: This section applies to a dispute between an employee and that employee's employer about—
a: any entitlement to, or calculation of, any sleepover wages payable to the employee under this Act; or
b: any failure by the employer to pay sleepover wages to which the employee is entitled under this Act.
2: If the dispute is not disposed of between the employee and the employee's employer,—
a: the parties may access mediation services provided under section 144 sections 145 to 154
b: proceedings to resolve the dispute may be commenced before the Employment Relations Authority in accordance with section 158
3: Despite subsection (2)(a), section 148A(2)
4: In subsection (3), minimum entitlements means wages or holiday pay or other money payable by the employer to the employee under the Holidays Act 2003 Minimum Wage Act 1983 Section 30(4) amended 1 April 2016 section 39 Employment Relations Amendment Act 2016
31: Application of Employment Relations Act 2000
1: If proceedings are commenced before the Employment Relations Authority in accordance with section 30(2)(b)
a: the Authority has all the powers and functions it has under the Employment Relations Act 2000
b: the provisions of the Employment Relations Act 2000
2: Without limiting subsection (1), the following provisions of the Employment Relations Act 2000
a: sections 137 to 140
b: sections 157 to 160 162 to 165 173 to 176
c: sections 177 to 184 188 to 199
d: sections 214 to 215
32: Enforcement of orders and judgments
1: An order made or judgment given by the Employment Relations Authority or the Employment Court under section 31
2: To avoid doubt, an order imposing a fine is enforceable under Part 3
3: In an order imposing a fine under section 140(6) Section 32(2) inserted 1 April 2016 section 39 Employment Relations Amendment Act 2016 Section 32(3) inserted 1 April 2016 section 39 Employment Relations Amendment Act 2016 Enforcement of obligations under Act
33: Penalty for non-compliance
1: An employer who fails to comply with an obligation imposed on the employer by this Act is liable to a penalty imposed by the Employment Relations Authority.
2: For the purposes of subsection (1), the following provisions of the Employment Relations Act 2000
a: section 135 and section 135A
b: sections 137 to 140 Section 33(2)(a) amended 1 April 2016 section 39 Employment Relations Amendment Act 2016 Savings
34: Savings
Nothing in this Act limits or affects the agreement dated 13 September 2011 between the Crown, Idea Services, Phillip William Dickson, and the Service and Food Workers Union Nga Ringa Tota as it relates to the decision of the Court of Appeal in Idea Services Limited v Phillip William Dickson