1: Title
This Act is the Terrorism Suppression Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. RA 2007-11-20 Terrorism Suppression Act 2002
3: Principal Act amended
This Act amends the Terrorism Suppression Act 2002
1: Amendments to principal Act
4: New section 3 substituted
Section 3
3: Purpose of this Act
The purpose of this Act is—
a: to make further provision in New Zealand law for the suppression of terrorism; and
b: to make provision to implement in New Zealand law New Zealand's obligations under—
i: the Bombings Convention; and
ii: the Financing Convention; and
iii: the Anti-terrorism Resolution; and
iv: the Nuclear Material Convention; and
v: the Plastic Explosives Convention; and
vi: the Nuclear Terrorism Convention; and
c: to make further provision to implement, in part, the Al-Qaida and the Taliban Sanctions Resolutions.
5: Interpretation
Section 4(1) deal with Al-Qaida Al-Qaida and the Taliban Sanctions Resolutions Al-Qaida entity
a: associated with Usama bin Laden; and
b: an entity to which that measure is to be applied deal with
a: means to use or deal with the property, in any way and by any means (for example, to acquire possession of, or a legal or an equitable interest in, transfer, pay for, sell, assign, or dispose of (including by way of gift) the property); and
b: includes allowing the property to be used or dealt with, or facilitating the use of it or dealing with it designated terrorist entity
a: for the time being designated under section 20 or 22
b: that is a United Nations listed terrorist entity nuclear facility
a: a nuclear reactor, including a reactor installed in or on any vessel, vehicle, aircraft, or space object for use as an energy source in order to propel the vessel, vehicle, aircraft, or space object or for any other purpose; or
b: a plant or conveyance—
i: being used for the production, storage, processing, or transport of radioactive material; or
ii: in which radioactive material is being used, handled, or disposed of in circumstances where damage to or interference with the operation of the plant or conveyance could lead to the release of significant amounts of radiation or radioactive substances Nuclear Terrorism Convention Schedule 2C nuclear terrorism offence section 13E radioactive device
a: a nuclear weapon or other nuclear explosive device; or
b: a radioactive material dispersal device; or
c: a radiation-emitting device Resolution 1267 Schedule 4A Resolution 1333 Schedule 4B Resolution 1390 Schedule 4C Taliban Taliban entity
a: is not Usama bin Laden, an Al-Qaida entity, or the Taliban; but
b: is designated, by or under those resolutions, as an entity to which that measure is to be applied United Nations listed terrorist entity
a: Usama bin Laden; or
b: an Al-Qaida entity; or
c: the Taliban; or
d: a Taliban entity .
6: New heading and section 6A inserted
The following heading and section are inserted after the Part 2 Terrorist act
6A: Terrorist act
1: A person commits an offence who engages in a terrorist act.
2: A person who commits a terrorist act is liable on conviction on indictment to imprisonment for life or a lesser term.
7: Financing of terrorism
Section 8(2)
8: Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities
1: The heading to section 9 terrorist and associated entities designated terrorist entity
2: Section 9(1) an entity for the time being designated under this Act as a terrorist entity or as an associated entity a designated terrorist entity
3: Section 9(2)
2: For the purposes of subsection (1)
a: where the dealing with the property comprises an act that does no more than satisfy essential human needs of (or of a dependant of) an individual designated under this Act:
b: where a financial institution acts to freeze assets of a designated terrorist entity.
4: Section 9(5)
5: Section 9(6) in subsection (5) in the definition of deal with section 4
9: Prohibition on making property, or financial or related services, available to terrorist and associated entities
1: The heading to section 10 terrorist and associated entities designated terrorist entity
2: Section 10(1) an entity for the time being designated under this Act as a terrorist entity or as an associated entity a designated terrorist entity
3: Section 10(2)
10: Recruiting members of terrorist groups
Section 12(1)(a)
a: a designated terrorist entity; or .
11: Participating in terrorist groups
1: Section 13(1) or being reckless as to whether knowing that
2: Section 13(1)(a)
a: a designated terrorist entity; or .
12: Offences involving physical protection of nuclear material
1: Section 13C(1)(a)
iii: that causes, or is likely to cause, substantial damage to the environment; or .
2: Section 13C(1)(e)(ii) or to the environment substantial damage to property
3: Section 13C(1) ; or
g: without lawful authority, commits an act, or threatens to commit an act against a nuclear facility, or interferes with the operation of a nuclear facility with intent to cause, or being reckless as to whether it causes, death or serious injury to any person or substantial damage to property or to the environment by exposure to radiation or release of radioactive substances.
13: New heading and section 13E inserted
The following heading and section are inserted after section 13D Offences involving radioactive material and radioactive devices
13E: Offences involving radioactive material and radioactive devices
1: A person commits an offence who—
a: makes or possesses a radioactive device or possesses radioactive material with intent to cause death or serious injury to any person or substantial damage to property or to the environment; or
b: uses radioactive material or a radioactive device or uses or damages a nuclear facility in a manner that releases or risks the release of radioactive material—
i: with intent to cause death or serious injury to any person or substantial damage to property or to the environment; or
ii: with intent to compel any person, international organisation, or State to do, or refrain from doing an act; or
c: threatens to commit an offence set out in paragraph (b)
d: unlawfully and intentionally demands radioactive material by threat, in circumstances that indicate the credibility of the threat; or
e: by use of force,—
i: uses or threatens to use radioactive material or a radioactive device; or
ii: uses or damages or threatens to use or damage a nuclear facility.
2: A person who commits an offence against subsection (1)
14: Offences also apply in certain cases outside New Zealand
Section 14(1) and 13B to 13D and 13B to 13E
15: Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited
Section 18 a nuclear terrorism offence, financing of terrorism,
16: Further provisions relating to final designation
Section 23
a: by repealing paragraph (g)
b: by omitting from paragraph (h) (and without limiting section 35(1) or section 36(1)
17: Content of notice to designated entity
1: Section 26 paragraph (b)
ba: must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9 .
2: Section 26(c) extended renewed under section 35
18: Content of notice to public and others
1: Section 27(2) paragraph (b)
ba: must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9 .
2: Section 27(2)(c) extended renewed under section 35
19: United Nations Security Council information
Section 31
20: New section 35 substituted
Sections 35 to 37
35: Designations under section 22 to expire after 3 years unless renewed by Prime Minister
1: A designation under section 22
a: revoked under section 34
b: renewed by an order under subsection (2) or (3)
2: The Prime Minister may order that a designation made under section 22 section 22
3: Before the expiry of an order under subsection (2)
4: After making an order under subsection (2) or (3)
5: The Prime Minister may make any number of orders under subsection (3)
21: New section 38 substituted
Sections 38 and 39
38: Procedure in proceedings involving classified security information
1: This section applies to any proceedings in a court arising out of, or relating to, the making of a designation under this Act.
2: The Court must determine the proceedings on the basis of information available to it (whether or not that information has been disclosed to or responded to by all parties to the proceedings).
3: If information presented, or proposed to be presented, by the Crown includes classified security information,—
a: except where proceedings are before the Court of Appeal, the proceedings must be heard and determined by the Chief High Court Judge, or by 1 or more Judges nominated by the Chief High Court Judge, or both; and
b: the Court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the relevant part or all of) the classified security information in the absence of—
i: the designated entity concerned; and
ii: all barristers or solicitors (if any) representing that entity; and
iii: members of the public.
4: Without limiting subsection (3)
a: the Court must approve a summary of the information of the kind referred to in section 32(2) section 32(3)
b: on being approved by the Court a copy of the statement must be given to the entity concerned.
5: Nothing in this section limits section 27 of the Crown Proceedings Act 1950
6: Subsections (2) to (5)
22: Ancillary general practices and procedures to protect classified security information
1: Section 40(1)
a: by omitting sections 38 and 39 section 38
b: by omitting those sections relate that section relates
2: Section 40(2)(a) to which sections 38 and 39 to which section 38
23: Appeal against decision on application under section 35
Section 41
24: Suspicions that property owned or controlled by designated entities, etc, to be reported
1: The heading to section 43 designated entities, etc, designated terrorist entities
2: Section 43(1) an entity designated under this Act as a terrorist or associated entity a designated terrorist entity
25: Detention of goods suspected to be terrorist property
1: Section 47A(1)(c)(ii) an entity designated under section 20 or section 22 of this Act a designated terrorist entity
2: Section 47A(1)(d)(ii)
ii: that the entity is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.
26: Return of goods detained under section 47A
Section 47D(3)(b) an entity designated under section 20 or section 22 a designated terrorist entity
27: Direction that Official Assignee take control of property
Section 48(1) or is a United Nations listed terrorist entity if an entity is subject to a designation under section 22
28: Variation, revocation, or expiry of direction
Section 50(3) paragraph (a)
ab: on the entity ceasing to be a United Nations listed terrorist entity; or .
29: Court may grant relief to third party
Section 54(3) concerned as a designated terrorist entity
30: Forfeiture of property by the High Court
1: Section 55(1)(a) or is a United Nations listed terrorist entity designation under section 22
2: Section 55(2)
2: However, an order of that kind may only be made if the Court considers it appropriate that the specified property not remain subject to the prohibition in section 9
31: Appeal against decision on application under section 55
Section 58(2) 38 to 40 38 and 40
32: Discharge of order under section 55 on appeal or by quashing of related order under section 35(2)
1: The heading to section 59 or by quashing of related order under section 35(2)
2: Section 59 subsection (1)
3: Section 59(2) extended renewed
4: Section 59(3) as provided in subsection (1)
5: Section 59(5) in either of the ways referred to in subsection (3)
33: Certificates as to States Parties under Conventions
Section 62 the Nuclear Terrorism Convention, the Nuclear Material Convention
34: New section 63 substituted
Section 63
63: Application of
sections 64 and 65
1: Sections 64 and 65 article 2 article 2 article 7 article 2
2: In sections 64 and 65 States Parties
a: any States Parties that have established jurisdiction in accordance with article 6(1) or (2) article 7(1) or (2) article 8 article 8
b: any other interested States Parties the Attorney-General considers it advisable to inform or notify.
35: New section 64 substituted
Section 64
64: Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
When an investigation has been undertaken under New Zealand law of the facts contained in the information (being the investigation contemplated by article 7(1) article 9(1) article 9 article 10
a: inform the relevant States Parties promptly of the findings of the investigation; and
b: indicate promptly to the relevant States Parties whether New Zealand intends to exercise jurisdiction.
36: New section 65 substituted
Section 65
65: Attorney-General to notify relevant States Parties if person taken into custody
If the measures taken under New Zealand law to ensure the person's presence for the purpose of prosecution or extradition (being the measures contemplated by article 7 article 9 article 9 article 10
a: the fact that the person is in custody; and
b: the circumstances that justify the person's detention.
37: Offences deemed to be included in extradition treaties
1: Section 69(1) or nuclear terrorism offence any nuclear material offence
2: Section 69(1) ; or
d: the Nuclear Terrorism Convention.
3: Section 69(3) or a nuclear material offence a nuclear material offence, or a nuclear terrorism offence
4: Section 69(4) ; and
c: in relation to a nuclear terrorism offence, the date on which this section enters into force in relation to that offence.
38: Review of operation of certain provisions of this Act
The heading above section 70 and section 70
39: Transitional provision relating to entity designated under section 20 or 22
1: Every designation of an entity under section 20 or 22 of the principal Act section 34 of the principal Act
2: Section 75
40: Schedule 2A amended
Schedule 2A Schedule 1
41: New Schedule 2C inserted
The Schedule 2C set out in Schedule 2 Schedule 2B
42: Schedule 3 amended
Schedule 3 Schedule 3
43: New Schedules 4A to 4C inserted
The Schedules 4A to 4C set out in Schedule 4 Schedule 4
44: Schedule 5 amended
Paragraph 1 of Schedule 5 designated entity designated terrorist entity
2: Amendments to other Acts
Amendments to Terrorism Suppression Amendment Act 2005
45: Amendments to
Terrorism Suppression Amendment Act 2005
1: This section amends the Terrorism Suppression Amendment Act 2005
2: The heading to Part 2 Extension of existing designations and
3: Section 6 section 6
4: The heading above section 7 RA 2007-11-20 Terrorism Suppression Amendment Act 2005 Amendments to Charities Act 2005
46: Essential requirements
1: This section amends the Charities Act 2005
2: Section 13(5)(a)
a: by omitting designated under section 20 or section 22 a designated terrorist entity as defined in section 4(1)
b: by omitting as a terrorist entity or an associated entity
3: Section 13(5)(b) 7 to 13D 6A to 13E RA 2007-11-20 Charities Act 2005 Amendment to Crimes Act 1961
47: Interpretation
1: This section amends the Crimes Act 1961
2: The definition of terrorist offence section 312A(1) 7, 8, 9, 10, 12, 13, and 13A 6A to 13E RA 2007-11-20 Crimes Act 1961 Amendment to Mutual Assistance in Criminal Matters Act 1992
48: Schedule amended to refer to Nuclear Terrorism Convention
1: This section amends the Mutual Assistance in Criminal Matters Act 1992
2: The Schedule is amended by inserting, in its appropriate numerical order, the item set out in Schedule 5 RA 2007-11-20 Mutual Assistance in Criminal Matters Act 1992


1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2007.
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 12 14 15 section 4
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 12 14 15
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 2006 2007-11-27 Subordinate Legislation (Confirmation and Validation) Act 2006
2: Confirmations and validations
7: Animal Products Act 1999 The Animal Products (Fees, Charges, and Levies) Regulations 2007
8: Commodity Levies Act 1990 The following orders are confirmed:
a: Commodity Levies (Pipfruit) Order 2006
b: Commodity Levies (Fish) Amendment Order 2006
c: Commodity Levies (Southern Scallops) Order 2007
d: Commodity Levies (Vegetables and Fruit) Order 2007
e: Commodity Levies (Avocados) Order 2007
f: Commodity Levies (Mussel, Oyster, and Salmon) Order 2007
9: Customs and Excise Act 1996 The following orders are confirmed:
a: Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 2006
b: Excise and Excise-Equivalent Duties (Motor Spirits Indexation) Amendment Order 2007
c: Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2007
10: Fisheries Act 1996 The Fisheries (Schedules 2, 5, 6, and 8) Order 2007
11: Gambling Act 2003
The Gambling (Problem Gambling Levy) Regulations 2007
12: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2007
13: Road User Charges Act 1977
The Road User Charges (Rates) Order (No 2) 2007
14: Tariff Act 1988
The Tariff (Concession) Amendment Order 2007
15: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2007


1: Title
This Act is the Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007.
2: Commencement
This Act comes into force on 31 December 2007.
3: Interim meaning of “funding entitlements for parliamentary purposes”
1: In the Parliamentary Service Act 2000 funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party (within the meaning of that Act) of its role and functions as a recognised party:
c: the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000
d: the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000
e: the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose.
2: In subsection (1)(d), electioneering
a: seeks support for the election of a particular person or people; or
b: seeks support for the casting of a party vote for a particular political party or political parties; or
c: encourages any person to become a member of a particular political party or political parties; or
d: solicits subscriptions or other financial support.
3: The following must, as far as is possible, be interpreted consistently with subsections (1) and (2):
a: all determinations made under section 20A
b: all directions given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000
c: the scope set out under the column headed Scope of 2007/08 Appropriations
i: Members' Communications:
ii: Member Support - Independent:
iii: Party and Member Support - ACT:
iv: Party and Member Support - Green:
v: Party and Member Support - Labour:
vi: Party and Member Support - Māori:
vii: Party and Member Support - National:
viii: Party and Member Support - New Zealand First:
ix: Party and Member Support - Progressive Coalition:
x: Party and Member Support - United:
xi: Travel of Members and Others:
d: the scope of each category of other expenses to be incurred by the Crown in Vote Parliamentary Service in any Supplementary Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2008, or in The Estimates of Appropriations or any Supplementary Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2009, that—
i: is the same as a category stated in paragraph (c); or
ii: differs from the categories stated in subparagraphs (iii) to (x) of that paragraph to the extent only that it relates to a party not stated in any of those subparagraphs, or refers to a party stated in one of those subparagraphs by a different name.
4: Expiry
This Act expires with the close of 1 July 2009. 2009-07-02 Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007


1: Title
This Act is the Employment Relations (Flexible Working Arrangements) Amendment Act 2007.
2: Commencement
This Act comes into force on 1 July 2008. 2008-07-01 Employment Relations Act 2000
3: Principal Act amended
This Act amends the Employment Relations Act 2000
4: Purpose
The purpose of this Act is to insert a new Part 6AA into the principal Act to—
a: provide a statutory right to employees who meet specified criteria to request a variation of certain terms and conditions of their working arrangements because they provide care of any person; and
b: place certain duties on employers who receive those requests.
5: New Part 6AA inserted
The following Part is inserted after Part 6
6AA: Flexible working
69AA: Object of this Part
The object of this Part is to—
a: provide certain employees with a statutory right to request a variation of their working arrangements if they have the care of any person; and
b: require an employer to deal with a request as soon as possible but not later than 3 months after receiving it; and
c: provide that an employer may refuse a request only if it cannot be accommodated on certain grounds; and
d: if an employer does not deal with a request in accordance with the process specified in this Part, provide for reference of the matter to a Labour Inspector, then to mediation, and then to the Authority.
69AAA: Interpretation
In this Part, unless the context otherwise requires,— mediation section 144 non-compliance with section 69AAE section 69AAJ section 69AAB request
a: under this Part; and
b: by an employee to his or her employer to vary the employee's terms and conditions of employment relating to the employee's working arrangements working arrangements
a: hours of work:
b: days of work:
c: place of work (for example, at home or at the employee's place of work). Employee's statutory right to make request
69AAB: When employee may make request
1: An employee may make a request—
a: if the employee satisfies the criteria specified in subsection (2)
b: subject to the limitation in section 69AAD
2: The criteria are that—
a: the employee has the care of any person; and
b: the employee, as at the date the request is made, has been employed by his or her employer for the immediately preceding 6 months.
69AAC: Requirements relating to request
A request must be in writing and—
a: state—
i: the employee's name; and
ii: the date on which the request is made; and
iii: that the request is made under this Part; and
b: specify the variation of the working arrangements requested and whether the variation is permanent or for a period of time; and
c: specify the date on which the employee proposes that the variation take effect and, if the variation is for a period of time, the date on which the variation is to end; and
d: explain, in the employee's view, how the variation will enable the employee to provide better care for the person concerned; and
e: explain, in the employee's view, what changes, if any, the employer may need to make to the employer's arrangements if the employee's request is approved.
69AAD: Limitation on frequency of requests
1: Subsection (2)
2: The employee is not entitled to make another request under this Part to his or her employer earlier than 12 months after the date on which the previous request was made. Duties of employer
69AAE: Employer must notify decision as soon as possible
An employer must deal with a request as soon as possible but not later than 3 months after receiving it and—
a: notify the employee whether his or her request has been approved or refused; and
b: if the request is refused, notify the employee that the request is refused because—
i: the employee is not eligible to make a request under section 69AAB
ii: of a ground specified in section 69AAF(2) or (3)
iii: both; and
c: if the request is refused because of a ground specified in section 69AAF(2) or (3)
i: notify the employee of the ground for refusal; and
ii: provide an explanation of the reasons for that ground.
69AAF: Grounds for refusal of request by employer
1: An employer may refuse a request only if the employer determines that—
a: the employee is not eligible to make a request under section 69AAB
b: the request cannot be accommodated on 1 or more of the grounds specified in subsection (2)
c: both.
2: The grounds are—
a: inability to reorganise work among existing staff:
b: inability to recruit additional staff:
c: detrimental impact on quality:
d: detrimental impact on performance:
e: insufficiency of work during the periods the employee proposes to work:
f: planned structural changes:
g: burden of additional costs:
h: detrimental effect on ability to meet customer demand.
3: However, an employer must refuse a request if—
a: the request is from an employee who is bound by a collective agreement; and
b: the request relates to working arrangements to which the collective agreement applies; and
c: the employee's working arrangements would be inconsistent with the collective agreement if the employer were to approve the request. Resolving disputes
69AAG: Role of Labour Inspector
1: For the purposes of this Part, a Labour Inspector may provide to employees and employers such assistance as he or she considers appropriate in the circumstances.
2: This section applies subject to section 69AAH(2)
69AAH: Labour Inspectors and mediation
1: This section applies if an employee believes that his or her employer has not complied with section 69AAE
2: The employee may refer the non-compliance with section 69AAE
3: If, after completion of the process under subsection (2)
4: For the purposes of subsection (3) section 69AAE
69AAI: Application to Authority
1: This section applies if—
a: an employee believes that his or her employer has not complied with section 69AAE
b: mediation has not resolved the matter.
2: The employee may apply to the Authority for a determination as to whether the employer has complied with section 69AAE
3: An application under subsection (2)
4: If the Authority determines that the employer has made a wrong determination about an employee's eligibility to make a request under section 69AAB section 69AAE
5: In subsection (3) relevant date
a: if the employer notifies a refusal within 3 months after receiving a request, the date on which the employer notifies the employee of the employer's refusal:
b: in any other case, the date 3 months after the employer received the employee's request.
69AAJ: Penalty
1: An employer who does not comply with section 69AAE
2: The penalty is payable to the employee concerned.
69AAK: Limitation on challenging employer
An employee may not challenge his or her employer's refusal of a request, or failure to respond to a request, except—
a: if the employee believes his or her employer has not complied with section 69AAE
b: to the extent provided by sections 69AAH to 69AAJ Review of Part
69AAL: Review of operation of Part after 2 years
1: The Minister must, as soon as is practicable, 2 years after the commencement of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007, require a report to be prepared on the operation and effects of this Part.
2: The Minister must ensure that the persons and organisations (including representatives of employees and employers), that the Minister thinks appropriate, are consulted during the preparation of the report about the matters to be considered in the report.
3: The report will include recommendations in relation to whether the provisions of this Part should extend to all employees.
4: The Minister must present a copy of the report to the House of Representatives.
6: Jurisdiction
Section 161(1) paragraph (cb)
cc: determining whether an employer has complied with section 69AAE .
7: New section 179B inserted
The following section is inserted after section 179A
179B: Limitations on consideration by Employment Court of matters arising under Part 6AA
1: This section applies to an investigation by, or determination of, the Authority under Part 6AA
2: The Authority may not refer a question of law to the Court under section 177 Part 6AA
3: No matter, or part of a matter, may be removed to the Court under section 178 Part 6AA
4: No party who is dissatisfied with a determination, or any part of a determination, of the Authority under Part 6AA section 179


1: Title
This Act is the Education (Tertiary Reforms) Amendment Act 2007.
2: Commencement
This Act comes into force on 1 January 2008.
3: Purpose
The purpose of this Act is to—
a: simplify and streamline the processes supporting the operation of the tertiary education system in New Zealand, without affecting the academic freedom and autonomy of institutions preserved and enhanced by the principal Act, by creating a group of instruments that—
i: recognise the differing roles of organisations within the tertiary education sector; and
ii: require organisations to focus on outcomes; and
b: support the purpose described in paragraph (a) by—
i: replacing the tertiary education strategy and the statement of tertiary education priorities with a single document called the tertiary education strategy; and
ii: replacing charters and profiles with a single document called a plan; and
c: enable the Tertiary Education Commission to effectively—
i: guide the contribution made by organisations towards achieving the current and medium-term priorities set out in the Government's tertiary education strategy; and
ii: monitor the performance of organisations; and
d: enhance the accountability of organisations that receive public funds; and
e: safeguard the Crown's interest in organisations generally; and
f: clarify the role of the New Zealand Qualifications Authority in relation to quality assurance of providers of adult and community education; and
g: make other amendments to the Education Act 1989
1: Amendments to Education Act 1989
4: Principal Act amended
This Part amends the Education Act 1989 2008-01-01 Education Act 1989
5: Object of provisions relating to tertiary education
Section 159AAA(2) the service continued by Part 22 Career Services
6: Interpretation
1: The definitions of charter profile statement of tertiary education priorities section 159(1)
2: Section 159(1) funding approval section 159YA section 159P(d)(i) and (ii) plan proposed plan
3: The definition of tertiary education strategy section 159(1) approved issued
7: New section 159AA substituted
Section 159AA
159AA: Tertiary education strategy
1: The Minister must, from time to time, issue a tertiary education strategy that sets out—
a: the Government's long-term strategic direction for tertiary education; and
b: the Government's current and medium-term priorities for tertiary education.
2: The part of the tertiary education strategy that sets out the Government's long-term strategic direction for tertiary education must address the following:
a: economic goals:
b: social goals:
c: environmental goals:
d: the development aspirations of Maori and other population groups.
3: Before issuing a tertiary education strategy, the Minister must consult with—
a: those stakeholders in the tertiary education sector that he or she considers ought to be consulted; and
b: the Commission.
4: As soon as practicable after issuing a tertiary education strategy, the Minister must give public notice of it.
8: Importance of tertiary education strategy
Section 159AB the service continued by Part 22 Career Services
9: New section 159AC substituted
Section 159AC
159AC: Revocation and replacement or amendment of tertiary education strategy
1: The Minister may, at any time, revoke and replace, or amend, a tertiary education strategy.
2: Before revoking and replacing, or significantly amending, a tertiary education strategy, the Minister must consult with—
a: those stakeholders in the tertiary education sector that he or she considers ought to be consulted; and
b: the Commission.
3: As soon as practicable after revoking and replacing, or significantly amending, a tertiary education strategy, the Minister must give public notice of the revocation and replacement, or amendment.
4: An amendment forms part of the tertiary education strategy it amends.
10: Roles within tertiary education sector
Section 159AD(1)
11: Ministry may hold and disseminate information
Section 159AE the service continued by Part 22 Career Services
12: New sections 159A and 159ABA substituted
Section 159A
159A: Purpose of Part
The purpose of this Part is to establish—
a: a Tertiary Education Commission (the Commission
b: a framework for planning, funding, and monitoring in the tertiary education sector that primarily, but not exclusively, relates to funding organisations via plans.
159ABA: Outline of framework for planning, funding, and monitoring in tertiary education sector
1: This section—
a: sets out a general outline of the framework for planning, funding, and monitoring in the tertiary education sector; and
b: is by way of explanation only.
2: If any other section in this Act conflicts with this section, the other section prevails.
3: The following steps describe, in general terms, how the framework for planning, funding, and monitoring in the tertiary education sector works:
a: the Minister determines the design of funding mechanisms and whether funding under those mechanisms is via plans:
b: the Commission develops the details of how to implement funding mechanisms:
c: the Commission issues guidance on what must be contained in proposed plans:
d: the Commission identifies criteria for assessing proposed plans:
e: an organisation prepares a proposed plan—
i: in consultation with the stakeholders the organisation considers ought to be consulted and any other persons specified by the Commission; and
ii: in a manner consistent with the Commission's guidance:
f: the organisation submits its proposed plan to the Commission:
g: the Commission applies assessment criteria to the proposed plan and decides whether or not to give funding approval:
h: if the proposed plan is given funding approval, the Commission determines the amount of funding payable to the organisation by applying the appropriate funding mechanism:
i: if an organisation's proposed plan receives funding approval, the Commission monitors the organisation's performance to determine if it is achieving, or has achieved, the outcomes it has specified in its plan.
13: Composition of Commission
Section 159D(2) (other than a replacement member appointed under clause 11(1) of Schedule 13A)
14: Functions of Commission
1: Section 159F(1)
a: to give effect to the tertiary education strategy by—
i: prescribing and publishing guidance on the content of, and processes associated with seeking funding approval for, proposed plans; and
ii: prescribing and publishing guidance on the criteria the Commission will use to assess proposed plans; and
iii: assessing proposed plans and deciding whether they will receive funding approval by applying the relevant assessment criteria; and
iv: determining the amount of funding payable to organisations by applying the appropriate funding mechanisms; and
v: allocating funding to organisations that have plans; and
vi: allocating funding to organisations that are not required to have plans in order to receive funding; and
vii: prescribing what plan summaries must contain for the purposes of public inspection; and
viii: building the capability of organisations; and
2: Section 159F(1)(b)
i: the tertiary education strategy; and
ii: the activities and performance of the tertiary education sector generally; and
3: Section 159F(1)
ba: to develop details of how to implement funding mechanisms; and
bb: to implement funding mechanisms; and.
4: Section 159F(1)
d: to monitor the performance of organisations that receive funding from the Commission including by measuring performance against specified outcomes; and
da: to undertake any functions that the Minister directs the Commission to undertake under section 159J
5: Section 159F(1)(e) section 159ZC section 159YA or 159ZC
15: Delegation of functions or powers of Minister
Section 159I
1: The Minister may, either generally or specifically, delegate to the Commission all or any of the Minister's functions and powers under this Act (other than those referred to in section 159L) or any other Act, including functions or powers delegated to the Minister under this Act or any other Act.
16: Minister may direct Commission
1: Section 159J
3A: The Minister may, in accordance with section 112 of the Crown Entities Act 2004
2: Section 159J(4) section 159ZC section 159YA or 159ZC
17: New section 159KBA inserted
The following section is inserted after section 159KB
159KBA: Monitoring and reporting function of chief executive in relation to institutions
The chief executive of the Commission—
a: must, on an ongoing basis, monitor institutions that receive funding under this Part in order to assess whether the operation or long-term viability of any of those institutions is at risk; and
b: may report from time to time to the Minister on the outcome of that monitoring.
18: Statement of intent
Section 159KE(1)(a)(i) statement of tertiary education priorities tertiary education strategy
19: Annual report
Section 159KF(1) implementing giving effect to
20: New headings and sections 159L to 159YO substituted
Sections 159L to 159Z Funding mechanisms
159L: Minister determines design of funding mechanisms
1: The Minister must, from time to time, determine the design of the funding mechanisms that the Commission must use to fund organisations.
2: Without limiting subsection (1), in making a determination under that subsection, the Minister must—
a: identify the general form and essential components of each funding mechanism; and
b: indicate which of the funding mechanisms relates to—
i: funding to be paid by the Commission under section 159YA
ii: funding to be paid by the Commission under section 159ZC
iii: other types of funding (if any).
3: Without limiting subsection (1), in making a determination under that subsection, the Minister may—
a: specify the amount of money, or the proportion of an amount of money, available under any particular funding mechanism; and
b: provide for funding to different groups of organisations or types of organisation; and
c: provide for different versions of, or modifications to, a funding mechanism when applying it to different groups of organisations or types of organisation; and
d: specify conditions that the Commission must attach to funding that is provided under any funding mechanism including, without limitation, conditions setting limits on the fees that an organisation may charge domestic students; and
e: provide for funding that targets particular groups of students.
159M: Restrictions on design of funding mechanisms
In determining a design for a funding mechanism under section 159L
a: identify a specified organisation or organisations to which funding is to be provided or denied under any funding mechanism; or
b: specify conditions under section 159L(3)(d) Gazette
i: states that the Minister proposes to specify conditions of that kind; and
ii: sets out the proposed conditions; and
iii: invites submissions on the proposed conditions; and
iv: specifies the date by which submissions must be received, which must be a date no later than 21 days after the date of the Gazette
159N: Funding mechanisms consistent with quality assurance principle
Every funding mechanism must be consistent with the principle that receiving public funds is dependent on an organisation meeting the quality assurance requirements in this Act.
159O: Commission to implement funding mechanisms
The Commission must—
a: develop the details of how to implement the Minister's determination of the design of funding mechanisms under section 159L
b: implement the funding mechanisms. Requirements for, and content of proposed plans
159P: Requirements for proposed plans
A proposed plan must—
a: describe how an organisation will give effect to the Government's current and medium-term priorities as described in the tertiary education strategy; and
b: describe how an organisation will address the needs of its stakeholders (including, without limitation, students enrolled with the organisation); and
c: describe an organisation's mission and role for the term of the plan; and
d: set out a description of all—
i: tertiary education programmes run by the organisation for which the organisation is seeking funding under section 159YA
ii: activities (including, without limitation, programmes and initiatives that will be undertaken by the organisation in order to build its capability) for which the organisation is seeking funding under section 159YA
e: describe an organisation's proposed outcomes (including, without limitation, in relation to the tertiary education programmes and activities described in paragraph (d)(i) and (ii) in relation to which funding is sought) and the performance indicators that the organisation will use to measure whether those outcomes have been achieved; and
f: set out a description of all tertiary education programmes run by the organisation other than those in relation to which funding is sought.
159Q: Exemption from certain requirements for proposed plans
1: The Commission may, by notice in writing, exempt an organisation from having to comply with the requirements in section 159P(f)
2: The Commission may not exercise the power in subsection (1) in relation to an institution.
3: Before exempting an organisation under subsection (1), the Commission must consider—
a: the amount of funding sought by the organisation; and
b: the amount of funding already received by the organisation; and
c: the type and size of the organisation; and
d: the effective operation of the tertiary education system; and
e: the Government's current and medium-term priorities as described in the tertiary education strategy; and
f: any other matters the Commission considers relevant.
159R: Content of, and processes for submitting, proposed plans prescribed by Commission
1: The Commission must prescribe and give public notice of—
a: the content of organisations' proposed plans (being the particular matters that proposed plans must address or include in order to meet the requirements in section 159P
b: the kinds of background or supplementary information that the Commission requires an organisation to provide in relation to a proposed plan; and
c: the timetable and process for the submission of proposed plans to the Commission.
2: When prescribing matters under subsection (1), the Commission may include—
a: standard content, as well as different content applying to different organisations, groups of organisations, or types of organisation; and
b: different information, timetables, and processes for different organisations, groups of organisations, or types of organisation.
3: Notices given under subsection (1) may be—
a: given at different times; and
b: amended by the Commission.
4: The Commission must give public notice of a significant amendment made under subsection (3)(b).
159S: Commission may exempt organisation from complying with certain matters
The Commission may, by notice in writing, exempt an organisation from complying with any of the matters it has prescribed under section 159R(1) Submitting proposed plan
159T: Who must submit proposed plan
1: An organisation that is seeking funding from the Commission under a funding mechanism that provides for funding via plans must submit a proposed plan.
2: Subsection (1) does not apply to an organisation that is exempt under section 159U
159U: Exemption from requirement to submit proposed plan
1: The Commission may, by notice in writing, exempt an organisation, a group of organisations, or a type of organisation that is seeking funding under a funding mechanism that provides for funding via plans from the requirement, in section 159T(1)
2: The Commission may not exercise the power in subsection (1) in relation to an institution.
3: The Commission may exempt an organisation, a group of organisations, or a type of organisation under subsection (1) for a specified period that the Commission considers appropriate.
159V: Frequency of submitting proposed plans
An organisation that is required to submit a proposed plan must submit a proposed plan to the Commission—
a: at least once every 3 years; or
b: if the Commission directs, at more frequent intervals specified by the Commission.
159W: Submitting combined proposed plan
The Commission may permit more than 1 organisation to prepare and submit a combined proposed plan if the Commission considers it appropriate. Preparing and consulting on proposed plans
159X: Preparing and consulting on proposed plans
1: An organisation that is required to submit a proposed plan must prepare the proposed plan in accordance with this Part (including, unless it is exempt under section 159S section 159R
2: A proposed plan must be prepared in consultation with—
a: the stakeholders that the organisation considers ought to be consulted; and
b: any other person or group of persons that the Commission stipulates.
3: An organisation must develop the content of its proposed plan in collaboration with the Commission, including collaborating with the Commission about ways in which the organisation can implement the matters prescribed by the Commission under section 159R
4: After completing the requirements in subsections (1) to (3) Assessment of proposed plans and giving of funding approval
159Y: Criteria for assessing proposed plans
1: The Commission must prescribe and give public notice of the criteria that the Commission will use to assess proposed plans to determine if they will receive funding approval.
2: The prescribed criteria must include, without limitation, criteria for assessing—
a: how an organisation contributes to the Government's current and medium-term priorities described in the tertiary education strategy; and
b: the tertiary education programmes and activities of an organisation in relation to which funding is sought under section 159YA
c: the performance indicators used in measuring whether the specified outcomes relating to those tertiary education programmes and activities are being or have been achieved; and
d: the extent and nature of an organisation's consultation over its proposed plan.
3: When prescribing matters under subsection (1), the Commission may include standard criteria, as well as different criteria applying to different organisations, groups of organisations, or types of organisation.
4: Notices given under subsection (1) may be—
a: given at different times; and
b: amended by the Commission.
5: The Commission must give public notice of a significant amendment made under subsection (4)(b).
159YA: Commission's assessment of proposed plans, giving of funding approval, and payment of funding
1: The Commission must assess whether a proposed plan will receive funding approval by applying the assessment criteria prescribed under section 159Y
2: After applying the assessment criteria, the Commission may decide to—
a: fund (in whole or in part) all of the tertiary education programmes and activities described in the proposed plan under section 159P(d)(i) and (ii)
b: fund (in whole or in part) some of the tertiary education programmes and activities described in the proposed plan under section 159P(d)(i) and (ii)
c: not fund any of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii)
3: Before deciding not to fund some or any, or part of some or any, of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii)
a: notify the organisation of its proposed decision; and
b: give the organisation a reasonable opportunity to be heard.
4: The Commission must give its reasons to the affected organisation if it decides not to fund some or any, or part of some or any, of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii)
5: In deciding to give funding approval, the Commission must—
a: specify the date from which that funding approval has effect; and
b: determine the amount of funding payable to the organisation by applying the appropriate funding mechanism; and
c: arrange for the payment to the organisation of the amount of funding determined under paragraph (b).
159YB: Commission may decline to assess proposed plan
1: The Commission may decline to assess a proposed plan under section 159YA section 159S section 159R
2: Before making a decision to decline to assess an organisation's proposed plan, the Commission must discuss with the organisation why the proposed plan does not adequately satisfy the requirements of this Part.
3: The Commission must give its reasons to the affected organisation if it declines to assess the organisation's proposed plan.
159YC: Conditions on receiving funding under section 159YA
1: It is a condition of an organisation receiving funding under section 159YA
2: The Commission may give funding approval subject to conditions, but only if the conditions are—
a: conditions the Minister has determined the Commission must attach to funding under section 159L(3)(d)
b: conditions that the Commission considers necessary to ensure that the specified outcomes in a plan that relate to tertiary education programmes and activities in relation to which funding is being given are being achieved or will be achieved.
3: The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).
4: The amendment to the condition takes effect when the organisation has been given reasonable notice of it.
159YD: Accountability for funding received under section 159YA
1: An organisation (other than an institution) that receives funding under section 159YA
a: it keeps records, in a form consistent with that required by the Commission, for the period to which the funding relates, that fully and fairly show—
i: the transactions, assets, liabilities, and funds of the organisation that are or were affected by the funding; and
ii: whether any conditions on which the funding approval was given have been complied with; and
b: the records are available for inspection by the Commission at all reasonable times.
2: As soon as practicable after the end of any year in which an organisation (other than an institution) receives funding under section 159YA
a: a financial report of the organisation for that year, including a statement of financial performance, a statement of financial position, a statement of movements in equity, a statement of cash flows, and a statement of service performance that compares the performance of the organisation with the outcomes specified in the organisation's plan as measured by the performance indicators specified in the organisation's plan; and
b: any financial reports, or statistical or other information, required by the Commission; and
c: any information necessary to demonstrate compliance with any condition attached to the funding.
3: A report required under subsection (2)(a) must be prepared in accordance with generally accepted accounting practice and must be audited by an independent chartered accountant.
4: The Commission may exempt any organisation, group of organisations, or types of organisation from complying with 1 or more of the requirements set out in subsections (2) and (3).
5: In exercising the powers conferred on it by subsection (4), the Commission must have regard to—
a: the amount of funding sought by the organisation; and
b: the amount of funding received by the organisation; and
c: the type and size of the organisation; and
d: any other matters that the Commission considers relevant.
6: Section 203 Expiry of funding approval
159YE: Expiry of funding approval
1: Every plan that has funding approval must specify the date on which funding approval expires (the expiry date
2: Funding approval expires on the expiry date, unless funding approval is earlier revoked under this Part.
3: Despite subsection (2), if, on the expiry date, an organisation is discussing a proposed plan with the Commission or the proposed plan is awaiting funding approval under this Part, the funding approval for the existing plan continues in effect until the earlier of the following dates:
a: the date that is 6 months after the expiry date of the existing funding approval; or
b: the date that funding approval for the proposed plan comes into effect.
159YF: Effect of expiry of funding approval
The effect of the expiry of funding approval is that—
a: the plan to which funding approval relates expires; and
b: the Commission must cease payment, or cease any or all further payments, of funding under section 159YA Suspension or revocation of funding given under section 159YA
159YG: Commission may suspend or revoke funding given under section 159YA
1: The Commission may suspend or revoke some or all funding given under section 159YA
a: an organisation has not complied, or is not complying, with a condition on which funding has been given under section 159YA
b: when measured against performance indicators, the organisation has not achieved, or is not achieving, an outcome anticipated in its plan for a tertiary education programme or activity in relation to which funding has been given under section 159YA
c: the organisation has not provided, or is not providing, adequate and timely information required by the Commission or Ministry under section 159YC
2: Before deciding whether to suspend or revoke some or all funding given under section 159YA
a: notify the organisation of the specific matters of concern; and
b: give the organisation a reasonable opportunity to be heard.
3: The Commission must give its reasons to an organisation if it decides to suspend or revoke some or all funding given under section 159YA
4: The Commission must advise an organisation of the following matters if it decides to suspend some or all funding given under section 159YA
a: the date on which the suspension will end and, as a consequence, some or all funding will be revoked; and
b: what action the organisation must take in order to have the suspension lifted and avoid some or all funding being revoked.
5: A suspension must be for a period that the Commission considers reasonable, having considered—
a: the specific matters referred to in subsection (2)(a); and
b: the action referred to in subsection (4)(b).
159YH: Extending suspension of funding
1: The date on which a suspension ends under section 159YG(4)(a)
2: The Commission must advise an organisation of the following matters if it decides to extend the date on which a suspension will end:
a: the date on which the extended suspension will end and, as a consequence, some or all funding for all or part of the plan will be revoked; and
b: what action the organisation must take in order to have the extended suspension lifted and avoid some or all funding for all or part of the plan being revoked.
3: An extension of a suspension must be for a period that the Commission considers reasonable, having considered—
a: the specific matters referred to in section 159YG(2)(a)
b: the action referred to in section 159YG(4)(b)
159YI: Effect of suspending or revoking funding given under section 159YA
1: The effect of suspending funding given under section 159YA
2: The effect of revoking funding given under section 159YA
a: the plan or part of the plan to which the funding relates is revoked; and
b: the Commission must cease payment, or cease any or all further payments, of funding under section 159YA
159YJ: Review of decision by delegate to suspend or revoke funding given under section 159YA
1: Subsection (2) applies to an organisation in relation to which a person has exercised any of the following powers under a delegation from the Commission under section 73 of the Crown Entities Act 2004
a: suspending funding under section 159YG
b: revoking funding under section 159YG
c: extending the suspension of funding under section 159YH
2: An organisation to which this subsection applies may ask the Commission to review the decision of the delegate. Amending or replacing plans
159YK: Organisation may seek approval for significant amendment, or replacement, of plan
1: In this section and sections 159YL to 159YN significant amendment
a: a tertiary education programme or an activity in relation to which funding has been given under section 159YA
b: any of the performance indicators that an organisation uses to measure whether proposed outcomes for tertiary education programmes or activities in relation to which funding has been given under section 159YA
2: An organisation may, at any time, ask the Commission to approve a significant amendment to, or the replacement of, a plan.
3: An organisation that proposes to make a significant amendment to, or to replace, a plan must consult with—
a: the stakeholders that the organisation considers ought to be consulted; and
b: any other person or group that the Commission stipulates.
4: An organisation that proposes a significant amendment to, or replacement of, a plan must prepare the significant amendment or replacement in collaboration with the Commission, including collaborating with the Commission about ways in which the organisation can implement the matters prescribed by the Commission under subsection (5).
5: The Commission may prescribe the requirements for the following in relation to a significant amendment to, or a replacement of, a plan:
a: the content of the significant amendment or replacement (which may be the same as the matters prescribed by the Commission under section 159R
b: criteria for assessing the significant amendment or replacement (which may be the same as those prescribed by the Commission under section 159Y
6: In applying the requirements in subsection (5) in order to determine whether or not to approve a significant amendment to, or replacement of, a plan, the Commission must take into account—
a: the extent of the significant amendment or replacement; and
b: the impact of the significant amendment or replacement on the needs of the stakeholders and any other persons consulted by the organisation under subsection (3).
7: The Commission may, at any time, require an organisation to review a plan with a view to amending or replacing it.
8: Nothing in this section prohibits an organisation from making an amendment to a plan that is not a significant amendment.
159YL: Effect of significant amendment or replacement of plan under section 159YK
1: If the Commission approves a significant amendment to a plan, the significant amendment—
a: forms part of the plan it amends; and
b: takes effect on the date specified by the Commission.
2: If the Commission approves a replacement plan under section 159YK
a: takes effect on the date specified by the Commission; and
b: is treated as revoking the plan it replaces.
159YM: Commission may make significant amendment to plan
1: The Commission may, at any time, on its own initiative, propose a significant amendment to an organisation's plan if it is satisfied that the significant amendment is reasonably necessary to ensure accountability for public funding.
2: If the Commission proposes a significant amendment to an organisation's plan under subsection (1), it must prepare it in collaboration with the organisation (including giving the organisation a reasonable period to consult the stakeholders it considers ought to be consulted).
3: After collaborating with the organisation on the proposed significant amendment, the Commission must, if it decides to proceed with the significant amendment, determine the content of the significant amendment and give the organisation a reasonable opportunity to make submissions on it.
4: After considering any submissions made by the organisation, the Commission may—
a: approve the proposed significant amendment (with further amendment if necessary); or
b: abandon the proposed significant amendment.
159YN: Effect of significant amendment made to plan under section 159YM
A significant amendment made to a plan under section 159YM
a: forms part of the plan it amends; and
b: takes effect on the date specified by the Commission. Plan summary
159YO: Summary of plans
1: The Commission must prescribe and give public notice of the matters that an organisation that has a plan must include in a plan summary.
2: An organisation that has a plan must ensure that—
a: a plan summary is available for inspection by the public; and
b: copies of that plan summary may be obtained either at no cost or no more than a reasonable cost; and
c: the plan summary contains the matters prescribed under subsection (1).
21: New heading and sections 159ZC to 159ZH substituted
Sections 159ZA to 159ZF Funding under this Part other than via plans
159ZC: Funding other than via plans
1: If a funding mechanism provides for funding for an organisation other than via plans, the Commission may, under this section, fund that organisation in accordance with that funding mechanism.
2: Nothing in subsection (1) limits the Commission's powers to fund organisations in other ways under a delegated authority or another enactment.
159ZD: Conditions on funding received under section 159ZC
1: It is a condition of receiving funding under section 159ZC
2: The Commission may impose conditions on funding received by an organisation under section 159ZC
a: any or specified conditions may be imposed; or
b: specified conditions must be imposed.
3: The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).
4: An amendment to a condition takes effect when the organisation has been given reasonable notice of it.
159ZE: Accountability for funding received under section 159ZC
1: An organisation (other than an institution) that receives funding under section 159ZC
a: it keeps records, in a form consistent with that required by the Commission, for the period to which the funding relates, that fully and fairly show—
i: the transactions, assets, liabilities, and funds of the organisation that are or were affected by the funding; and
ii: whether any conditions on which the grant was made have been complied with; and
b: the records are available for inspection by the Commission at all reasonable times.
2: As soon as practicable after the end of any year in which an organisation (other than an institution) receives funding under section 159ZC
a: a financial report of the organisation for that year, including a statement of financial performance, a statement of financial position, a statement of movements in equity, a statement of cash flows, and a statement of service performance that compares the performance of the organisation with the outcomes agreed with the Commission as measured by any performance indicators agreed with the Commission; and
b: any financial reports, or statistical or other information, required by the Commission; and
c: any information necessary to demonstrate compliance with any condition attached to the funding.
3: A report required under subsection (2)(a) must be prepared in accordance with generally accepted accounting practice and must be audited by an independent chartered accountant.
4: The Commission may exempt any organisation, group of organisations, or type of organisation from complying with 1 or more of the requirements set out in subsections (2) and (3).
5: In exercising the powers conferred on it by subsection (4), the Commission must have regard to—
a: the amount of funding sought by the organisation; and
b: the amount of funding received by the organisation; and
c: the type and size of the organisation; and
d: any other matters that the Commission considers relevant.
6: Section 203
159ZF: Commission may suspend or revoke funding given under section 159ZC
1: The Commission may suspend or revoke payment, or any or all further payments, of any funding given to an organisation under section 159ZC
a: has not complied, or is not complying, with a condition on which the funding was given; or
b: is not providing, or has not provided, adequate and timely information required by the Commission or Ministry under section 159ZD
2: Before deciding whether to suspend or revoke payment under subsection (1), the Commission must—
a: notify the organisation of the specific matters of concern; and
b: give the organisation a reasonable opportunity to be heard.
3: The Commission must give its reasons to an organisation if it decides to suspend or revoke the organisation's funding.
4: The Commission must specify the following matters if it decides to suspend funding under subsection (1):
a: the date on which the suspension will end and, as a consequence, the funding will be revoked; and
b: what action the organisation must take in order to have the suspension lifted and avoid funding being revoked.
159ZG: Extending suspension of funding
1: The date on which a suspension ends under section 159ZF(4)(a)
2: The Commission must advise an organisation of the following matters if it decides to extend the date on which a suspension will end:
a: the date on which the extended suspension will end and, as a consequence, funding will be revoked; and
b: what action the organisation must take in order to have the extended suspension lifted and avoid funding being revoked.
3: An extension of a suspension must be for a period that the Commission considers reasonable having considered—
a: the specific matters referred to in section 159ZF(2)(a)
b: the action referred to in section 159ZF(4)(b)
159ZH: Review of decision made by delegate to suspend or revoke funding under section 159ZC
1: Subsection (2) applies to an organisation in relation to which a person has exercised any of the following powers under a delegation from the Commission under section 73 of the Crown Entities Act 2004
a: suspending the organisation's funding under section 159ZF
b: revoking the organisation's funding under section 159ZF
c: extending the suspension of the organisation's funding under section 159ZG
2: An organisation to which this subsection applies may ask the Commission to review the decision of the delegate.
22: Functions of councils
1: Section 180(1)
b: to prepare and submit a proposed plan if the institution is seeking funding under a funding mechanism that provides for funding via plans:
c: if the institution has a plan,—
i: to ensure that the institution is managed in accordance with that plan; and
ii: to determine policies to implement that plan:
d: to determine, subject to the State Sector Act 1988
e: to undertake planning relating to the institution's long-term strategic direction.
2: Section 180
23: Section 191A and heading above section 191A repealed
Section 191A
24: Powers of institutions
Section 192(5)(b) 5 years 15 years
25: Institutions to provide information if required
1: Section 195B(1) Secretary chief executive of the Commission
2: Section 195B(2) Secretary chief executive of the Commission
3: Section 195B(3) Secretary chief executive of the Commission
4: Section 195B(4) Secretary chief executive of the Commission
5: Section 195B
5: In this section, Commission section 159C
26: New section 195DA inserted
The following section is inserted after section 195D
195DA: Protection of commissioners
A commissioner appointed under section 195D(1)
a: in good faith; and
b: in the course of carrying out his or her powers, functions, or duties.
27: Powers and functions of commissioner
Section 195E(1) the institution's charter , in the case of an institution that has a plan, that plan
28: How institutions may use income and capital
Section 201A(1)
a: apply its income and capital in doing whatever the council thinks will—
i: enable the institution to carry out the functions characteristic of an institution of the class to which the institution belongs; and
ii: in the case of an institution that has a plan, enable the institution to achieve the outcomes set out in that plan; and
29: Transfer of Crown assets and liabilities to institutions
Section 206(2) subsection (1) of this section subsection (1)(a) and (b)
30: Annual report
Section 220(2A)(f)
f: in the case of an institution that has a plan, a statement of service performance for that financial year reporting on the performance of the institution as compared with the proposed outcomes described in that plan.
31: Fees for domestic students
Section 227(1A)
a: omitting section 159ZC section 159YA or 159ZC
b: omitting section 159ZD(2) section 159YC or 159ZD(2)
32: Fees for foreign students
Section 228(2A) section 159ZC section 159YA or 159ZC
33: Fees for domestic students must not exceed maximums set in conditions of funding
Section 236C
a: omitting section 159ZC section 159YA or 159ZC
b: omitting section 159ZD(2) section 159YC or 159ZD(2)
34: Interpretation
The definition of provider section 238D section 159ZC section 159YA or 159ZC
35: Functions of Authority
1: Section 253(1) is amended by inserting the following paragraph after paragraph (e):
ea: to establish policies and criteria relating to the quality assurance of providers of adult and community education:
2: Section 253(2) is amended by omitting or (e) (e), or (ea)
3: Section 253(2) is amended by inserting the following paragraph after paragraph (a):
ab: in the case of criteria or policies in respect of bodies that are providing adult and community education, consult—
i: those bodies; or
ii: a body that represents the interests of those bodies; and
4: Section 253(3) is amended by omitting and (e) (e), and (ea)
36: Power to obtain information
Section 255 is amended by inserting the following subsection before subsection (1):
1AA: In this section, institution
37: Service continued for purposes of Part 22
1: Section 279 Career Services is service for purposes of this Part
2: Section 279(1) by the name for the time being specified under section 301A as Career Services
3: Section 279
6: The Service is the same body as the Service that existed under this section immediately before the commencement of section 49 of the Education Amendment Act (No 2) 1998
38: Functions of Service
Section 280(1)(a) data base database
39: Duties of Board
Section 282(a) data base database
40: Transitional provision: institutions and organisations with approved charters and approved profiles
1: Subsection (2) applies to—
a: an institution that, immediately before this Act comes into force, has an approved charter and approved profile under the Education Act 1989
b: an organisation (other than an institution) that, immediately before this Act comes into force, has an approved charter and approved profile under the Education Act 1989
2: On the coming into force of this Act, an institution or organisation to which this subsection applies is to be treated as an institution or organisation that has a plan that has been given funding approval under the Education Act 1989
41: Transitional provision: organisations with approved charters that are exempt from need to have profile
1: Subsection (2) applies to an organisation that, immediately before this Act comes into force,—
a: has an approved charter under the Education Act 1989
b: is exempt from the need to have a profile under the Education Act 1989
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has exempted, under section 159U (as substituted by section 20
42: Transitional provision: organisations with approved profile and exempt from need to have charter
1: Subsection (2) applies to an organisation that, immediately before this Act comes into force,—
a: has an approved profile under the Education Act 1989
b: is exempt from the need to have a charter under the Education Act 1989
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has exempted, under section 159U (as substituted by section 20
43: Transitional provision: organisations exempt from need to have profile and charter
1: Subsection (2) applies to an organisation that, immediately before this Act comes into force,—
a: is exempt from the need to have a profile under the Education Act 1989
b: is exempt from the need to have a charter under the Education Act 1989
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has exempted, under section 159U (as substituted by section 20
44: Transitional provision: organisations funded under section 159ZC(3)
1: Subsection (2) applies to an organisation that immediately before this Act comes into force is funded under section 159ZC(3)
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has decided to fund under section 159ZC(1)
45: Transitional provision: tertiary education strategy and statement of tertiary education priorities
1: Subsection (2) applies to the tertiary education strategy and the statement of tertiary education priorities in existence immediately before this Act comes into force.
2: On the coming into force of this Act, the documents to which this subsection applies must, when read together, be treated as if they are a tertiary education strategy made under section 159AA of the Education Act 1989 (as substituted by section 7
46: Transitional provision: funding mechanisms
1: Subsection (2) applies to funding mechanisms that fund organisations that have approved profiles that are determined and implemented under the Education Act 1989
2: On the coming into force of this Act, a funding mechanism to which this subsection applies is treated as a funding mechanism that provides for funding via plans determined and implemented under the Education Act 1989
3: Subsection (4) applies to funding mechanisms that, immediately before this Act comes into force, fund organisations that do not have profiles.
4: On the coming into force of this Act, a funding mechanism to which this subsection applies must be treated as if it is a funding mechanism to fund organisations other than via plans determined and implemented under the Education Act 1989
47: Validation of determination of design of funding mechanism for student component fund
1: In this section,— consequences Minister SCF funding determination
2: The SCF funding determination must be treated as being, and having always been, as valid and effectual as it would have been if the Minister had taken the actions described in subsection (4).
3: The validity or invalidity, and the consequences, of any action (and of any failure or refusal to act) of any person, whether occurring before or after the commencement of this section, must be determined as if the Minister had taken the actions described in subsection (4).
4: The actions referred to in subsections (2) and (3) are—
a: more than 2 months before 23 January 2007, publishing in the Gazette
b: before making the SCF determination, considering all submissions received before the specified date.
2: Related amendments to other enactments
Amendments to Industry Training Act 1992
48: Principal Act amended
Sections 49 to 52 Industry Training Act 1992 2008-01-01 Industry Training Act 1992
49: Interpretation
1: The definitions of profile statement of tertiary education priorities section 2
2: Section 2 funding approval section 159YA of the Education Act 1989 section 10(2) plan proposed plan section 10(2) section 159YA of the Education Act 1989
50: Industry training organisation's profile must identify activities for which it seeks funding
1: The heading to section 10 profile proposed plan
2: Section 10
1: An industry training organisation that seeks funding under a funding mechanism that provides for funding via plans (as indicated by the Minister under section 159L(2)(b) of the Education Act 1989
a: prepare a proposed plan in accordance with section 159X of the Education Act 1989
b: specify in the proposed plan the activities set out in subsection (2) in relation to which funding is sought; and
c: submit the proposed plan for consideration of funding approval under section 159YA of that Act.
3: Section 10(3) profile proposed plan
4: Section 10
4: Nothing in this section limits any other requirement as to the content of proposed plans that may be specified by the Commission under Part 13A of the Education Act 1989
51: Power to fund if employer switches industry training organisation
Section 10A approve, for funding purposes, the profile of give funding approval to a proposed plan of
52: Matters to which Commission must have regard in determining whether to approve profile for funding purposes
1: The heading to section 11 approve profile for funding purposes give funding approval to proposed plan
2: Section 11 approve an industry training organisation's profile, or a part of its profile, for funding purposes give an industry training organisation's proposed plan funding approval


1: Title
This Act is the Dairy Industry Restructuring Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Dairy Industry Restructuring Act 2001
3: Principal Act amended
This Part amends the Dairy Industry Restructuring Act 2001 2007-12-15 Dairy Industry Restructuring Act 2001
4: Interpretation
1: Section 5(1) allocation period section 26 competent authority Animal Products Act 1999 eligible participant
a: is eligible to hold an export licence; and
b: collects at least 0.1% of total milk solids collected from farmers in New Zealand based on the most representative data of total milk solids collected in New Zealand in the latest year that data is available prior to an allocation period general export licence section 26(5) holder section 29B interim licence
a: Canada, the licence for the period beginning on the commencement of the Dairy Industry Restructuring Amendment Act 2007 and ending on 31 December 2007 for a quantity of butter not exceeding 2 000 tonnes; and
b: the Dominican Republic, a licence for the period beginning on the commencement of the Dairy Industry Restructuring Amendment Act 2007 and ending on 31 December 2007 for a quantity of milk powder not exceeding 4 800 tonnes; and
c: the European Communities—
i: as described in section 25(2)(a)
ii: as described in section 25(2)(b)
iii: as described in section 25(2)(c) interim period marae milksolids Ministry person eligible to hold an export licence Part 5 of the Animal Products Act 1999 quota year
a: the European Communities, the United States of America, and the Dominican Republic, a period of 12 months beginning on 1 January and ending on 31 December; and
b: Japan, a period of 12 months beginning on 1 April and ending on 31 March in the following year .
2: Section 5(1) chief executive chief executive
3: Section 5(1) designated market designated market
a: for the initial and interim licences, a market listed in Schedule 5
b: for the licences that apply following the initial and interim licences, a market listed in Schedule 5A .
4: The definition of export licence paragraph (b)
b: a licence allocated under section 25, 26, or 29 .
5: The definition of initial licence and continued under section 25
5: Purpose
Section 21(3) Schedule 5 Schedules 5 and 5A
6: Overview
Section 22 subsection (3)
3: Sections 26 to 42
7: Restrictions on exports to designated markets
Section 23
23: Restrictions on exports to designated markets
1: A person must not export directly or indirectly to a designated market any dairy product that is described in Schedules 5 and 5A
a: is the holder of a current export licence; and
b: exports product in accordance with that licence in respect to the product and market.
2: No export restrictions apply to a designated market listed in Schedule 5 Schedule 5A
8: Continuation and reduction of licences in respect of designated markets in European Communities after initial period
1: Section 25 Reduction of licences in respect of designated markets in European Communities during the interim period
2: Section 25 subsection (1)
1: The Board holds the interim licences to export to designated markets in the European Communities for the periods and the reduced amounts specified in subsection (2)
3: Section 25(2) initial interim
9: New section 25A inserted
The following section is inserted after section 25
25A: Export licence conferred on Board by
section 24 or 25
1: The chief executive must record an export licence conferred on the Board by section 24 or 25 section 29B
2: The Board must supply all necessary information to the chief executive for the purpose of subsection (1)
10: New section 26 substituted
Section 26
26: Later allocation of export licences
1: The following are vested in or revert to the Crown:
a: any rights in respect of designated markets that become available as a result of the expiry of the initial period under section 24
b: any rights in respect of designated markets in the European Communities listed in Schedule 5A section 25
c: any quantities that become available as a result of increases in rights in respect of designated markets listed in Schedule 5A section 27A(2)
d: any rights in respect of designated markets listed in Schedule 5A
2: Following the expiry of the initial and interim licences, export licences for the designated markets listed in Schedule 5A
3: The Minister must, in accordance with the rules set out in Schedule 5B Schedule 5A subsection (4)
4: If the Minister is satisfied that an allocation under subsection (3) section 21(1) subsection (7)
5: The Minister may allocate a general export licence for trade at the normal tariff (outside the terms of the quota), in respect of a designated market listed in Schedule 5A
6: Subsection (5) section 29A
7: The Governor-General may, by Order in Council made on the recommendation of the Minister, allocate or reallocate export licences in respect of designated markets listed in Schedule 5A
8: Before making an allocation under subsection (5)
a: be satisfied that an allocation is appropriate in the circumstances; and
b: have regard to the purpose in section 21(1)
9: Subsection (1) subsection (3) or (5) subsection (7)
11: New section 27A inserted
The following section is inserted after section 27
27A: Increases or reductions in rights to export to designated markets after initial period
1: This section applies if, after the initial period, there is an increase or reduction in rights to secure economic benefits from designated markets that are not allocated in an existing export licence.
2: An increase in a right to export to a designated market during the course of an allocation period accrues on a pro rata basis to the registered holders of export licences at the time the increase first becomes available for use.
3: A reduction in a right to export to a designated market during the course of an allocation period applies on a pro rata basis to the registered holders of export licences for that designated market at the time the volumes reduce.
4: In the case of interim licences held by the Board, the allocation period for any licence for a specified quantity is the period for which the licence is valid for that quantity.
5: An accrual under subsection (2) subsection (3)
6: An accrual or reduction referred to in subsection (5) section 29B
12: New heading and section 28A inserted
The following heading and section are inserted after section 28 Transferring export licences
28A: Transferring export licences
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of governing the transfer of export licences or parts of export licences.
2: Export licences may be transferred only in accordance with regulations made in accordance with subsection (1)
3: The chief executive is responsible for administering the transfer of export licences.
4: Subsection (1) section 28
13: New heading inserted
The following heading is inserted before section 29 Revocation of initial licences
14: New headings and sections 29A to 29L inserted
The following headings and sections are inserted after section 29 Quota trade completed before trade at normal tariff
29A: Quota trade completed before trade at normal tariff
1: This section applies to trade at the normal tariff (outside the terms of the quota) for the following markets:
a: prepared edible fat to Japan:
b: milk powder to the Dominican Republic.
2: For the markets listed in subsection (1)
3: A quota is to be treated as filled when the competent authority has issued export certificates to all licence holders for at least 95% of each export licence holder's quantity of export licences.
4: The competent authority must publicly notify the industry when a quota is filled in accordance with subsection (3)
5: When a quota is filled, the competent authority must, as soon as is reasonably practicable,—
a: publish a notice in the Gazette
b: notify the eligible participants in any manner that the competent authority considers effective and appropriate, including electronically.
6: An export licence holder may use the export licence for trade at the normal tariff only for the remainder of the quota year in which publication and notification are made in accordance with subsection (5) Maintaining register of licence holders
29B: Register of export licence holders
1: The chief executive must—
a: keep and maintain a register of export licence holders; and
b: make the register available to the competent authority; and
c: on receipt of a written request, allow a holder of an export licence to inspect information on the register that relates to his or her licence.
2: The register must contain the following information:
a: the full name and address of the export licence holder:
b: each designated market for which the holder holds an export licence:
c: the volume of quota rights held in respect of each export licence for each quota year:
d: the following dates for each export licence:
i: date of registration:
ii: date of commencement:
iii: date of expiry:
e: the date of transfer, if any, of the export licence or part of the export licence:
f: the full name and address of the previous holder of the export licence.
3: If a person holds more than 1 export licence for a designated market for the same quota year, each export licence must be registered separately.
4: This section does not apply to general export licences allocated under section 26(5) Powers of chief executive
29C: Power to authorise persons
The chief executive may only authorise a person to exercise a power under sections 29E to 29L
29D: Power to require assistance
The chief executive, or a person authorised by the chief executive, may call on any person for assistance in the exercise of any or all of the powers under sections 29E to 29L
29E: Power of entry without search warrant
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Before entering any place under subsection (1)
a: give the owner or occupier reasonable notice of his or her intention to enter the place, unless to do so would defeat the purpose of the entry; and
b: if notice under paragraph (a)
i: the time and date of the entry; and
ii: the purpose of the entry; and
iii: the name of the person; and
iv: the address of the office to which inquiries should be made.
3: A person who exercises any power under this section must produce his or her evidence of authorisation—
a: on first entering the place; and
b: subsequently whenever reasonably required to do so by a person appearing to have charge of the place or any part of the place.
29F: Power to examine, etc
For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B section 29E
a: examine all things, and open containers, packages, and other things to inspect their contents:
b: examine, inquire about, and copy any documents or other records (including records held in electronic or other form) and may—
i: remove documents or records to another place for a reasonable time for the purpose of copying them, or require the person having control of the documents or other records to forward them or a copy of them to the officer by way of post, courier post, fax, or other means acceptable to the chief executive or authorised person; and
ii: require a person who has control of or knowledge of the documents or records to reproduce or assist in reproducing in usable form information recorded or stored in a computer or other device or system; and
iii: direct the occupier to identify and hold any equipment, package, container, or document until any lawful direction of the chief executive, or a person authorised by the chief executive, has been complied with; and
iv: take photographs of any container, package, equipment, or thing.
29G: Power to require information
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Any information, documents, or answers required under subsection (1)
3: An eligible participant or an employee or agent of an eligible participant may not refuse to answer a question under subsection (1)
4: An incriminating answer under this section—
a: may be used in civil or criminal proceedings against the eligible participant if it is a body corporate; but
b: may not be used in civil or criminal proceedings against the employee or agent of the eligible participant who gave the incriminating answer.
29H: Power to audit milk collection data
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Participants must be notified of the possibility of an audit on a cost-recovery basis at the time of an application for an export licence.
3: Participants may be charged a fee for an audit carried out under subsection (1) Search warrants
29I: Issue of search warrant
1: A District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in Schedule 5D
a: in respect of which an offence under section 31(3)
b: that has been, is being, or is intended to be used by any person for the commission of an offence under section 31(3)
c: that is evidence of the commission of an offence under section 31(3)
2: The District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may impose any reasonable conditions on the warrant that he or she thinks fit.
3: A search warrant must be directed to a member of the police by name or to every member of the police or to the chief executive or to a person authorised by the chief executive by name, but, in any of these cases, the warrant may be executed by any member of the police.
29J: Entry and search powers when executing warrant
1: The chief executive or authorised person who executes the warrant may use any force that is reasonable to—
a: enter an area that is to be searched; or
b: break open or access an item that is to be seized.
2: The chief executive, or person authorised by the chief executive, who executes a search warrant may seize any item that—
a: he or she has reasonable grounds to believe is evidence of an offence under this Act; or
b: is found while he or she is lawfully—
i: exercising a search power; or
ii: in the place in which the item is found.
3: Subsection (2)(b)
4: If it is not reasonably practicable to determine whether an item may be seized in accordance with a search warrant, the chief executive or authorised person may remove the item for the purpose of examination or processing to determine whether it may be seized.
29K: Requirements when executing warrant
1: The chief executive, or a person authorised by the chief executive, who executes a search warrant must carry the warrant with him or her, and produce it for inspection, along with evidence of his or her identity,—
a: on first entering the place specified in the warrant, to the person appearing to be in charge of the place; and
b: whenever subsequently required to do so, at the place specified in the warrant, by any other person appearing to be in charge of the place or any part of the place.
2: If the occupier of the place is not present at the time the search warrant is executed, the chief executive or authorised person must leave in a prominent location at the place a written statement of the time and date of the search, a copy of the search warrant, the name of the chief executive or authorised person, and the address to which inquiries may be made.
3: If anything is seized in the execution of a search warrant, the chief executive or authorised person executing the search warrant must leave in a prominent location at the place, or deliver or send by registered mail to the occupier within 10 working days after the search, or a later date if an extension is approved by a District Court Judge, a written inventory of all things seized.
4: The chief executive or authorised person may make an application, at the time of making an application for a search warrant, for a waiver from subsections (2) and (3)
5: A waiver under subsection (4)
6: The chief executive or authorised person who executed the search warrant must provide information to persons from whom items have been seized regarding—
a: access to and the disposition of the seized items; and
b: the right, under the Official Information Act 1982
7: The chief executive or authorised person who is exercising a power of entry in relation to a marae, or a building associated with a marae, must have regard to the kawa of the marae so far as is practicable in the circumstances.
29L: Disposal of property seized under search warrant
Section 199 of the Summary Proceedings Act 1957
a: where a member of the police seized the item in question, it may be retained by the Commissioner of Police pending the trial of the person for the offence in respect of which the item was seized:
b: where the chief executive, or a person authorised by the chief executive, seized the item in question, it may be retained by the chief executive pending the trial of the person for the offence in respect of which the item was seized:
c: the item in question must be returned to the person from whom it was seized—
i: if no proceedings are taken in respect of an offence to which the item relates within 6 months after its seizure; or
ii: if proceedings are completed in respect of such an offence and no order of forfeiture is made in respect of the item:
d: if any person is convicted of an offence to which the item relates, the Court may, if it thinks fit, order that the item be forfeited to the Crown or disposed of as the Court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the chief executive in retaining the item.
15: Offences
Section 31
2: Every person commits an offence against this Act, and is liable on summary conviction to the following fines, who does not provide the information or document required under section 29G
a: a fine not exceeding $200,000; and
b: a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.
3: Every person commits an offence against this Act, and is liable for the following, who provides a false declaration in relation to milk collection data contrary to Schedule 5B
a: a declaration by a court of competent jurisdiction that the person is not eligible for further allocations of export licences for a period determined by the court; and
b: a fine not exceeding $200,000 or a term of imprisonment not exceeding 3 months, or both.
16: Overview
Section 43 subsection (2)
2: Sections 62 to 65A
17: New section 65A inserted
The following section is inserted after section 65
65A: Regulations relating to dairy industry entity other than LIC
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the purposes set out in sections 62 to 65
2: Regulations may be made under subsection (1)
a: if the core database reverts to the Crown under section 68(2)
b: if provisions of the constitution of LIC are amended or revoked in accordance with section 51
c: if LIC makes an application under section 52(2)
18: Information to be supplied to chief executive
1: Section 66(1) and (3) LIC LIC or any other dairy industry entity nominated by the Crown to manage the core database
2: Section 66 subsection (2)
2: The chief executive may request (in writing) information, statements, or reports from LIC or any other dairy industry entity nominated by the Crown to manage the core database to monitor LIC' s or that other dairy industry entity's compliance with regulations made under section 65
19: Schedule 5 amended
The heading to Schedule 5 Designated markets for initial and interim licences
20: New Schedules 5A, 5B, 5C, and 5D inserted
The Schedules 5A, 5B, 5C, and 5D set out in the Schedule Schedule 5
2: Amendment to Animal Products Act 1999
21: Principal Act amended
This Part amends the Animal Products Act 1999 2007-12-15 Animal Products Act 1999
22: New section 115A inserted
The following section is inserted after section 115
115A: Application of
section 115(1) Dairy Industry Restructuring Act 2001 Section 115(1) Dairy Industry Restructuring Act 2001


1: Title
This Act is the Taxation (Annual Rates of Income Tax 2007–08) Act 2007.
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Rates of income tax for 2007–08 tax year
1: Income tax imposed by section BB 1 Schedule 1
2: The Taxation (Annual Rates of Income Tax 2006–07) Act 2006 2007-12-19 Taxation (Annual Rates of Income Tax 2006-07) Act 2006