1: Title
This Act is the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006.
2: Commencement
1: Sections 3 5 37 45
2: The rest of this Act comes into force on 1 July 2006.
3: Principal Act amended
This Act amends the Parental Leave and Employment Protection Act 1987
1: Preliminary provisions
4: Purpose
1: The main purpose of this Act is to entitle certain self-employed persons to parental leave payments and provide for the administration of those payments.
2: This Act also makes other amendments including—
a: reducing, from 12 months to 6 months, the minimum period before an employee is entitled to a subsequent period of parental leave and a parental leave payment; and
b: adding a power for the department to accept an application for parental leave payments despite an irregularity in the application; and
c: allowing a right of review by the Employment Relations Authority in respect of entitlement to a parental leave payment.
5: Application of this Act
1: This Act applies to an employee or a self-employed person who takes parental leave in respect of a child if—
a: the expected date of delivery of the child is on or after 1 July 2006; or
b: the child is born on or after 1 July 2006; or
c: in the case of adoption, the date on which the person or the person's spouse or partner, with a view to adoption, assumes the care of the child is on or after 1 July 2006.
2: An employee or a self-employed person to whom this Act applies may, before 1 July 2006, apply for a parental leave payment under Part 7A Parental Leave and Employment Protection Act 1987
2: Amendments to principal Act
6: Title repealed
The Title is repealed.
7: New section 1A inserted
The following section is inserted after section 1
1A: Purpose
The purpose of this Act is to—
a: set minimum entitlements with respect to parental leave for male and female employees; and
b: protect the rights of employees during pregnancy and parental leave; and
c: entitle certain employees and self-employed persons to up to 14 weeks of paid parental leave.
8: Interpretation
1: The definition of parental leave section 2(1) paragraph (a)
a: means, for an employee,—
i: maternity leave to which the employee is entitled in accordance with this Act:
ii: partner's/paternity leave to which the employee is entitled in accordance with this Act:
iii: extended leave to which the employee is entitled in accordance with this Act:
ab: means, for a self-employed person, a period during which the self-employed person temporarily does not work because of the birth of a child or the assumption of care of a child by the person or the person's spouse or partner (subject to section 71CD .
2: Section 2(1) self-employed
a: providing goods or services for hire or reward under a contract for services:
b: carrying on a business (including a profession, trade, manufacture, or undertaking carried on for pecuniary profit), including in partnership with another person:
c: working for a trust in a business (as defined in paragraph (b) self-employed person
9: Interpretation: multiple employments generally
Section 2A and parental leave payment parental leave
10: New section 2AD inserted
The following section is inserted after section 2AC
2AD: Concurrent employment and self-employment
1: This section applies to a person who is an employee and a self-employed person.
2: The person's entitlement to rights and benefits in respect of parental leave and parental leave payment must be determined by treating the person's employment and self-employment separately.
3: This section is subject to sections 2A and 71CC
11: Interpretation: multiple births or adoptions
1: The heading to section 2B Interpretation:
2: Section 2B(1)(b) and self-employed persons employees
12: Restriction on taking of parental leave within 12 months of end of previous period of parental leave in respect of another child
1: The heading to section 6 12 months 6 months
2: Section 6(b) 12 months 6 months
13: New section 6A inserted
The following section is inserted after section 6
6A: Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements
1: This section applies if an employee resumes service with the same employer—
a: at the end of a period of parental leave; or
b: while the employee is entitled, following parental leave, to preference in obtaining employment with the employee's employer.
2: For the purposes of determining subsequent entitlements to parental leave under this Act, the employee's period of employment with the employer must be treated as beginning on the day that the employee resumes service with the employer.
3: This section overrides section 43
14: New section 19AB inserted
The following section is inserted after section 19A
19AB: Extension of partner's/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances
1: This section applies if—
a: a self-employed person is entitled to a parental leave payment under section 71DA
b: the self-employed person's spouse or partner is entitled to partner's/paternity leave under section 17(c)(ii) or section 18(1)(b)(ii)
c: the self-employed person transfers all or part of his or her entitlement to parental leave payments to the spouse or partner under section 71E
2: The spouse's or partner's entitlement to partner's/paternity leave is extended so that it is the same as the period of parental leave payments transferred to him or her.
15: Duration of extended leave
Section 26(2) who is entitled to both maternity leave and extended leave in accordance with this Act,
16: Extended leave may be taken consecutively or concurrently with any leave taken by other parent
1: Section 28 Extended leave may be taken consecutively or concurrently with other parent's leave or parental leave payments
2: Section 28 or any period for which the employee's spouse or partner receives a parental leave payment, partner
17: Section 39A repealed
Section 39A
18: Non-compliance with formal requirements
1: Section 68 subsection (3)
3: An employee, employer, or self-employed person, or a person acting on behalf of an employee, employer, or self-employed person, may apply to the Employment Relations Authority or the Court for relief in respect of an irregularity.
2: Section 68 subsection (6)
6: The Employment Relations Authority or the Court may grant relief—
a: by amending or waiving the irregularity, extending the time within which anything is to be or may be done, confirming the right of an employee or self-employed person to exercise rights in respect of parental leave or a parental leave payment (as applicable), or granting other relief as is reasonable:
b: subject to terms, if any, that the Authority or the Court, in the circumstances of each case, thinks fit.
19: Role of Labour Inspectors
1: Section 70A Labour Inspectors may make determinations in respect of employees
2: Section 70A(1)(b) 71M 71M(1)
20: New heading and section 70G inserted
The following heading and section are inserted after section 70F Role of Labour Inspectors in relation to self-employed persons
70G: Labour Inspectors may make determinations in respect of self-employed persons
1: A Labour Inspector may, if requested by the department,—
a: determine whether a self-employed person will have been self-employed for at least an average of 10 hours a week during a 6-month or 12-month period for the purpose of eligibility for a parental leave payment; and
b: determine a self-employed person's average weekly earnings for the purpose of section 71M(lA)
2: The department may, for the purposes of obtaining a determination under this section, supply to the Labour Inspector any information provided by the self-employed person.
3: The Labour Inspector may, for the purposes of carrying out the Inspector's functions under this section, request the self-employed person to provide any further information relevant to the matter being determined by the Labour Inspector.
4: A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the self-employed person and the department.
5: The consequence of a determination is that it is prima facie evidence of the matter determined.
21: New sections 71A and 71B substituted
Sections 71A 71B
71A: Purpose
The purpose of this Part is to entitle certain employees and self-employed persons to up to 14 weeks of parental leave payments out of public money when they take parental leave.
71B: Overview
1: Section 71A
2: Sections 71C to 71
3: Sections 71D and 71DA
4: Sections 71E and 71EA sections 71D and 71DA
5: Sections 71F to 71H
6: Sections 71I and 71IA
7: Sections 71J to 71P
8: Sections 71Q to 71ZB
9: This section is intended only as a guide to the general scheme and effect of this Part.
22: Interpretation of this Part
1: Section 71C eligible self-employed person section 71CB employee's average weekly earnings
a: for an employee to whom—
i: section 7(b)(i), 8(1)(b)(i), 17(c)(i), or 18(1)(b)(i)
ii: section 7(b)(ii), 8(1)(b)(ii), 17(c)(ii), or 18(1)(b)(ii)
b: if section 72A subsection (2) of that section net income section OB 1 of the Income Tax Act 2004 ordinary weekly pay section 8 of the Holidays Act 2003 self-employed person's average weekly earnings
a: for a self-employed person who has been self-employed for at least an average of 10 hours a week over—
i: the 12 months immediately preceding the expected date of delivery (or, in the case of adoption, the date on which the self-employed person assumes the care of the child with a view to adoption), it means one fifty-second of the self-employed person's net income during that period; or
ii: the 6 months immediately preceding the expected date of delivery (or, in the case of adoption, the date on which the self-employed person assumes the care of the child with a view to adoption), it means one twenty-sixth of the self-employed person's net income during that period; but
b: the divisor of 52 or 26 must be reduced by the number of complete weeks during which the self-employed person was not working in a circumstance described in section 71CB(lA) .
2: Section 71C eligible employee parental leave eligible employee section 71CA parental leave
23: New sections 71CA to 71 CD inserted
The following sections are inserted after section 71C
71CA: Definition of eligible employee
1: In this Part, eligible employee
a: a female employee who meets the criteria for maternity leave for the child under section 7
b: an employee who meets the criteria for parental leave for the adopted child under section 8 or section 18 or section 24
c: an employee to whom all or part of an entitlement to a parental leave payment is transferred under section 71E
d: an employee who succeeds to all or part of an entitlement to a parental leave payment under section 72B
2: Rights and benefits to non-statutory parental leave (and section 4
71CB: Definition of eligible self-employed person
1: In this Part, eligible self-employed person
a: a female self-employed person who—
i: becomes pregnant; and
ii: at the expected date of delivery, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months; and
iii: takes parental leave from self-employment in respect of the child; or
b: a self-employed person who—
i: assumes (with a view to adoption by that self-employed person or by that person and that person's spouse or partner jointly) the care of a child who is not more than 5 years of age; and
ii: at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months; and
iii: takes parental leave from self-employment in respect of the child.
2: For the purposes of subsection (1) section 71E(3) and (4)
a: entitled to a payment of weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001
b: on parental leave before the expected date of delivery of the child; or
c: unable to work because of any other circumstances that are considered by a Labour Inspector not to disrupt the normal pattern of the person's self-employment.
3: However, by virtue of subsection (1)(b)
71CC: Multiple self-employment
1: This section applies for the purposes of determining the rights, in relation to a parental leave payment, of a person who is engaged in more than 1 type of work on a self-employed basis. Those rights include the right of a self-employed person to have a parental leave payment transferred to him or her under section 71E
2: If the self-employed person is engaged in more than 1 type of work—
a: concurrently during a 6-month or 12-month period, the work must be treated as 1 period of self-employment:
b: consecutively during a 6-month or 12-month period, the work must be treated as 1 period of self-employment, if the break between the types of work is no greater than 30 days.
71CD: Return to work by self-employed person
In this Part, a self-employed person is not to be treated as having returned to work because he or she—
a: receives income for work done before the period of parental leave; or
b: receives income because of work done by other people during the period of parental leave; or
c: carries out work in the nature of oversight or occasional administrative tasks in the business in which the person is self-employed.
24: Entitlement to parental leave payment
1: The heading to section 71D for employees
2: Section 71D subsections (2) to (4)
2: This section is subject to sections 71F to 71IA
25: New section 71DA inserted
The following section is inserted after section 71D
71DA: Entitlement to parental leave payment for self-employed persons
1: A self-employed person is entitled to a parental leave payment under this Part if the person is—
a: an eligible self-employed person; or
b: a self-employed person to whom all or part of an entitlement to a parental leave payment is transferred under section 71E
c: a self-employed person who succeeds to all or part of an entitlement to a parental leave payment under section 72B
2: This section is subject to sections 71F to 71IA
26: New sections 71E and 71EA substituted
Section 71E
71E: Entitlement may be transferred to spouse or partner
1: An eligible employee (within the meaning of section 71CA(1)(a) or (b) subsections (2) to (4)
2: The spouse or partner is an employee who—
a: has given written notice to his or her employer of his or her wish to take parental leave (in accordance either with this Act or with the alternative provision under which the leave is taken); and
b: takes parental leave from his or her employment in respect of a child; and
c: meets the criteria for parental leave under any of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), or 24(1)(b)
3: The spouse or partner is a self-employed person who—
a: assumes or intends to assume the care of a child to whom the person's spouse or partner gives birth (in the case of the spouse or partner of either a female employee to whom section 7
b: takes parental leave from his or her self-employment; and
c: at the expected date of delivery, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months.
4: The spouse or partner is a self-employed person who—
a: assumes (with a view to adoption by the self-employed person's spouse or partner or the self-employed person's spouse or partner and the self-employed person jointly) the care of a child who is not more than 5 years of age (in the case of the spouse or partner of either a person to whom section 8 or section 18 or section 24
b: takes parental leave from his or her self-employment; and
c: at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months.
5: Rights and benefits to non-statutory parental leave (and section 4
71EA: Effect of transfer of entitlement to spouse or partner
To the extent that an employee or a self-employed person transfers all or part of his or her entitlement to a parental leave payment to his or her spouse or partner under section 71E
a: references in this Part to the employee's or self-employed person's entitlement to a parental leave payment are references to the spouse's or partner's entitlement to a parental leave payment; and
b: references in this Part to the period of parental leave are references to the period of parental leave taken by the spouse or partner; and
c: the amount of the parental leave payment is calculated according to the earnings of the spouse or partner; and
d: the entitlement that is transferred is deducted from the transferring employee's or self-employed person's entitlement to a parental leave payment.
27: Subsequent parental leave payments
1: Section 71F(a) 12 months 6 months
2: Section 71F
2: A self-employed person is not entitled to a parental leave payment in respect of a child if—
a: less than 6 months have elapsed after the end of the period for which the person received a parental leave payment; or
b: section 71CB(2)
28: Parental tax credit
1: Section 71G(1) employees do an employee or a self-employed person does
2: Section 71G(2)
2: An employee or self-employed person loses his or her entitlement to a parental leave payment under this Part if the employee or self-employed person, or his or her spouse or partner, or both of them, has received any payment of parental tax credit in respect of the child.
29: Joint adoptions
Section 71H(1)(b) 71D(2)(b) 71CA(1)(b) or the eligible self-employed person for the purpose of section 71CB(1)(b)
30: Applications for payment
1: Section 71I(1) or self-employed person employee
2: Section 71I(2)(a) (d) or self-employed person employee
3: Section 71I
4: This section is subject to section 71IA
31: New section 71IA inserted
The following section is inserted after section 71I
71IA: Discretion to approve irregular applications
1: The department may approve the making of a parental leave payment to an employee or a self-employed person despite an irregularity in his or her application for the payment.
2: In deciding whether to approve the making of a parental leave payment under subsection (1)
a: the extent of the irregularity (including whether the extent of the irregularity was reasonable in all of the circumstances); and
b: whether the employee or self-employed person was acting in good faith.
3: However, the department may not exercise its discretion under this section if the matter giving rise to the irregularity is disputed between an employee and an employer.
4: The department may, in order to approve the application, amend or waive the irregularity or extend the time within which anything is to be or may be done, subject to terms, if any, that the department thinks fit in the circumstances of the application.
5: In this section, irregularity
a: failing to make the application for payment before the relevant date in section 71I
b: applying in a manner other than that prescribed in the regulations; or
c: failing to specify all the matters or include all the documents prescribed in the regulations; or
d: failing to state whether the employee wishes to transfer all or part of the entitlement under section 71E
e: otherwise applying irregularly in matter of form.
32: Duration of parental leave payment
Section 71J(b) or self-employed person employee
33: Start of parental leave payment
Section 71K
2: A parental leave payment is payable to a self-employed person for a period that begins on the earliest of—
a: the date the person commences parental leave; or
b: the date of confinement; or
c: in the case of adoption, the date on which the person assumes (with a view to adoption by that person or by that person and that person's spouse or partner jointly) the care of the child.
34: End of parental leave payment
1: The heading to section 71L for employees
2: Section 71L(3)(b) section 39A section 72B
3: Section 71L(4) 71E(3) (effect of transfers of entitlement) 71EA (effect of transfer of entitlement to spouse or partner)
35: New section 71LA inserted
The following section is inserted after section 71L
71LA: End of parental leave payment for self-employed persons
1: A parental leave payment is payable to a self-employed person for a period that ends on the earliest of—
a: 14 weeks after the date of commencement of his or her parental leave; or
b: the date on which the self-employed person returns to work; or
c: the date on which the self-employed person ceases self-employment.
2: The period does not end earlier than the date referred to in subsection (1)
a: the self-employed person is declared bankrupt or the business in which the person is self-employed goes into liquidation:
b: the self-employed person has a miscarriage or ceases to have the care of the child:
c: the self-employed person or the child dies.
3: The period ends earlier than the date referred to in subsection (1) section 72B
4: This section is subject to section 71EA
36: Amount of parental leave payment
1: Section 71M(1)(a) ; or ; and
2: Section 71M(1)(b)(i) ; or ; and
3: Section 71M subsection (1)
1A: The rate of parental leave payment payable to any self-employed person is the lesser of—
a: $357.30 per week (or any adjusted amount set under section 71N section 71O
b: the greater of—
i: 100% of the self-employed person's average weekly earnings; and
ii: the minimum amount of parental leave payment for a self-employed person set under section 71OA
1B: The rate of parental leave payment payable to a person who is eligible for a parental leave payment as an employee and also as a self-employed person may not exceed $357.30 per week (or any adjusted amount set under section 71N section 71O subsections (1) and (1A)
4: Section 71M(2)
37: Annual adjustment of maximum rates of parental leave payment
Section 71N(1) and section 71M(1A)(a) section 71M(1)(a)
38: Discretionary increases in payment amount by Order in Council
Section 71O(1) and section 71M(1A)(a)
39: New section 71OA inserted
The following section is inserted after section 71O
71OA: Annual adjustment of minimum rates of parental leave payment for self-employed persons
The minimum rate of parental leave payment that applies under section 71M(1A)(b)(ii) Minimum Wage Act 1983
40: Obligation to notify early return to work, etc
Section 71U subsection (1)
1A: A self-employed person must give notice if, during the period for which the person is receiving a parental leave payment under this Part,—
a: the self-employed person returns to work; or
b: the person ceases self-employment.
41: Obligation to supply information
1: Section 71W subsection (1)
1A: The department may, by written notice, request a self-employed person who has applied for a parental leave payment to supply to the department any information in the self-employed person's possession relating to that person's entitlement or continued entitlement to payment under this Part.
2: Section 71W(2) or the employer , employer, or self-employed person
42: Offence to mislead department
1: Section 71Z(1)(b) (including failing to provide information requested under section 71W says anything
2: Section 71Z
4: An information in respect of an offence against this section may be laid at any time within 6 months after the earlier of—
a: the date when the alleged offence first became known to the department; and
b: the date when the alleged offence should reasonably have become known to the department.
43: New section 71ZB inserted
The following section is inserted after section 71ZA
71ZB: Review of department's decisions about parental leave payment
1: An employee or a self-employed person may apply to the Employment Relations Authority for a review of a decision made by the department relating to—
a: the person's entitlement to a parental leave payment:
b: whether a parental leave payment may be transferred to the person under section 71E
c: the amount of parental leave payment made to the person:
d: the deduction or recovery of overpayments by the department under section 71X
2: An application for review must be made within 12 months after the date on which the decision is notified to the employee or self-employed person.
3: The Authority may confirm, modify, or reverse the decision of the department.
4: An application for review under this section may be made in respect of a decision described in subsection (1)
44: New sections 72B to 72D inserted
The following sections are inserted after section 72A
72B: Succession to spouse's or partner's entitlements
1: A spouse or partner of an employee may succeed to the employee's rights to parental leave and to a parental leave payment under this Act if, at any time after the employee gives notice to his or her employer of a wish to take parental leave,—
a: the employee dies; or
b: the spouse or partner becomes the sole guardian of the child, to the exclusion of the employee.
2: The spouse or partner of a self-employed person may succeed to the self-employed person's rights to a parental leave payment under this Act if, at any time after the self-employed person commences parental leave,—
a: the self-employed person dies; or
b: the spouse or partner becomes the sole guardian of the child, to the exclusion of the self-employed person.
3: However, the spouse or partner may succeed only if he or she is—
a: an employee, and—
i: meets the criteria for parental leave under any of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), or 24(1)(b)
ii: gives reasonable notice to his or her employer, and to the department (if the employee had applied for a parental leave payment under Part 7A
b: an eligible self-employed person under section 71CB
4: A succession under this section is treated, for the purpose of Part 7A section 71E
72C: Date of succession to spouse's or partner's entitlements
1: The date of succession to the entitlements of an employee or self-employed person is the later of—
a: the date of the death of the employee or self-employed person or the date when the spouse or partner becomes sole guardian, as the case may be; and
b: the date on which the bereavement leave of the spouse or partner expires (if any).
2: The first payment of parental leave payment to the spouse or partner includes an amount for the period from the date of succession if the notice to the department referred to in section 72B(3)
72D: Application of
Employment Relations Act 2000 Part 10 of the Employment Relations Act 2000
45: Regulations
1: Section 73(1) paragraph (ab)
aba: prescribing the information that self-employed persons must give in, or the documents that self-employed persons must attach to, an application for, or other notices relating to, a parental leave payment: .
2: Section 73(1) paragraph (ad)
ada: setting the amount under section 71OA .
46: Consequential amendments
Consequential amendments are set out in the Schedule


Litter Amendment Act 2006

1: Title
This Act is the Litter Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Litter Act 1979
4: Interpretation
Paragraph (b) depositing section 2(1) dropped or, without reasonable excuse, dropped, or
5: Territorial authority may require occupier of private land to clear litter
1: Section 10(10)(a) (b) or neglects
2: Section 10(11)
a: omitting from paragraph (a) $50 $500
b: omitting from paragraph (a) or neglect
c: omitting from paragraph (b) $200 $2,000
d: omitting from paragraph (b) or neglect
6: Territorial authorities may adopt infringement notice provisions
Section 13(4) $100 $400
7: New section 14A inserted
The, following section is inserted after section 14
14A: Entitlement to infringement fees
A territorial authority may retain the infringement fee received by it for an infringement offence if the infringement notice was issued by a Litter Control Officer appointed by the territorial authority.
8: Deposit of litter in public place or on private land
1: Section 15 subsection (1)
1: Every person commits an offence and is liable, in the case of an individual, to a fine not exceeding $5,000 or, in the case of a body corporate, to a fine not exceeding $20,000, who deposits any litter or, having deposited any litter, leaves it—
a: in or on a public place; or
b: in or on private land without the consent of its occupier.
1A: Subsection (1) subsection (2)
2: Section 15(2)
a: omitting from paragraph (a) $750 $7,500
b: omitting from paragraph (b) $5,000 $30,000
9: Wilful breaking of bottles or glass
Section 16 $750 $7,500
10: Offences in respect of Officers
1: Section 17(1) $500 $1,500
2: Section 17(1)(b) Without lawful excuse,
11: New sections 19A and 19B inserted
The following sections are inserted after section 19
19A: Strict liability for certain offences
1: In prosecuting an offence against a provision of this Act (other than an offence against section 16 or 17(1)(a)
2: This section is for the avoidance of doubt.
19B: Defences to strict liability offences
1: It is a defence in any prosecution referred to in section 19A
a: that the act or omission of the defendant was due to an event—
i: beyond the defendant's control (including natural disaster, mechanical failure, and sabotage); and
ii: that could not reasonably have been foreseen or provided against by the defendant; or
b: that—
i: the act or omission of the defendant was taken or occurred in an emergency and was reasonably necessary for—
A: protecting the safety and welfare of a person; or
B: preventing serious damage to property; and
ii: after the emergency, the defendant took all reasonable steps to remove the litter or, as the case may be, comply with any notice or requirement in relation to the litter.
2: The defences set out in this section are the only defences available to a defendant.


Local Electoral Amendment Act 2006

1: Title
This Act is the Local Electoral Amendment Act 2006.
1: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Local Electoral Act 2001
4: Territorial authority or regional council may resolve to establish Maori wards or Maori constituencies
Section 19Z(4) clauses 2(4) clauses 2(5)
5: Schedule 1A amended
1: Clause 2(5) other
2: Clause 4(4) other


1: Title
This Act is the Local Government Act 2002 Amendment Act 2006.
2: Commencement
1: Section 7
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Local Government Act 2002
4: Interpretation
1: Section 5(1) bylaw .
2: Section 5(1) community facilities community facilities section 197
5: Exempted organisations
1: Section 7(1) established under an enactment,
2: Section 7 subsection (2)
2: The Minister may make a recommendation only if—
a: the organisation is subject to monitoring and reporting requirements under an enactment; and
b: in the Minister's opinion, the organisation's accountability under that enactment is of a similar nature and effect to that required of a council-controlled organisation under this Act.
6: Status and powers
Section 12(6) ; or
d: prevent a local authority from making a donation (whether of money, resources, or otherwise) to another local authority or to a person or organisation outside its district or region or outside New Zealand—
i: if the local authority considers, on reasonable grounds, that the donation will benefit its district or region, or the communities within its district or region; or
ii: if the local authority considers, on reasonable grounds, that a benefit will be conferred on the local government sector as a whole; or
iii: for emergency relief; or
e: prevent a local authority from making a donation (whether of money, resources, or otherwise) to a local government body outside New Zealand to enable it to share its experience and expertise with that body.
7: Local governance statements
Section 40(1) paragraph (b)
ba: the bylaws of the local authority, including for each bylaw, its title, a general description of it, when it was made, and, if applicable, the date of its last review under section 158 or 159 . 2007-10-14 Section 40(1)
8: Statements of intent for council-controlled organisations
Section 64
6: Despite this section, an organisation that becomes a council-controlled organisation not more than 6 months before the end of a financial year is not required to prepare a statement of intent for that financial year.
9: New section 86 substituted
Section 86
86: Use of special consultative procedure in relation to making, amending, or revoking bylaws
1: This section applies to the following:
a: making a bylaw to which section 156
b: amending a bylaw to which section 156 subsection (2) of that section
c: revoking a bylaw to which section 156
2: Where the special consultative procedure is used in relation to an activity described in subsection (1) section 83(1)(a)
a: as the case may be,—
i: a draft of the bylaw as proposed to be made or amended; or
ii: a statement that the bylaw is to be revoked; and
b: the reasons for the proposal; and
c: a report on any relevant determinations by the local authority under section 155
10: Certain decisions to be taken only if provided for in long-term council community plan
Section 97(2)(a) the council's its
11: Policy on partnerships with private sector
1: Section 107(2)(a)(ii) council organisations council-controlled organisations
2: Section 107(2)(b) by, or services to,
12: Prohibition on borrowing in foreign currency
Section 113
2: Subsection (1)
13: New section 138 substituted
Section 138
138: Restriction on disposal of parks (by sale or otherwise)
1: A local authority proposing to sell or otherwise dispose of a park or part of a park must consult on the proposal before it sells or disposes of, or agrees to sell or dispose of, the park or part of the park.
2: In this section,— dispose of park
a: means land acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but
b: does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977
14: New sections 139 and 139A substituted
Section 139
139: Protection of regional parks
1: In this section and section 139A
a: means land—
i: owned by a regional council; and
ii: acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; and
b: includes land within the meaning of paragraph (a)
i: reserve within the meaning of section 2(1) of the Reserves Act 1977
ii: otherwise held or administered under the Reserves Act 1977
2: For the purpose of enabling a regional council to protect a regional park or part of a regional park in its region, the Governor-General may, by Order in Council made on the recommendation of the Minister, declare the park or the part of the park to be protected in perpetuity from disposition (by sale or otherwise).
3: The Minister must not make a recommendation unless the regional council has requested the Minister to do so.
4: An Order in Council does not prevent a regional council from disposing of part of the regional park to which the order applies—
a: to make a minor boundary adjustment to it:
b: for the more efficient administration of it.
5: However, subsection (4)
a: the retention of the land would not materially enhance the conservation or recreational value of the park; and
b: the regional council has used the special consultative procedure in the process of determining whether to dispose of the land.
6: Any land within the meaning of subsection (1)(b)
a: retains its classification under the Reserves Act 1977
b: remains subject to that Act; and
c: if the land is to be sold or disposed of under subsection (4) of this section sections 24 and 25 of that Act
7: An Order in Council must specify the regional park or the part of the regional park to which the order applies—
a: by name and legal description, if it is practicable to do so; or
b: by name and a detailed description of the location of the land, in any other case.
139A: Further provision in relation to regional parks
1: An Order in Council made under section 139
2: The provisions of section 139 subsection (1)
15: General provisions applying to bylaws
1: The heading to section 151 made under this Act
2: Section 151 subsection (1)
1AA: This section applies to a bylaw only if it is made under this Act.
16: Determination whether bylaw is appropriate
1: The heading to section 155 made under this Act bylaw
2: Section 155 subsection (1)
1AA: This section applies to a bylaw only if it is made under this Act.
17: New section 156 substituted
Section 156
156: Special consultative procedure must be used in making, amending, or revoking bylaw made under this Act
1: A local authority must use the special consultative procedure (as modified by section 86
a: making a bylaw under this Act:
b: amending a bylaw made under this Act:
c: revoking a bylaw made under this Act.
2: Despite subsection (1)(b)
a: make minor changes to, or correct errors in, a bylaw, but only if the changes or corrections do not affect—
i: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
ii: an existing status or capacity of any person to whom the bylaw applies:
b: convert an imperial weight or measure specified in a bylaw into its metric equivalent or near metric equivalent.
18: Heading above section 158 amended
The heading above section 158 made under this Act or the Local Government Act 1974
19: New sections 158 to 160A substituted
Sections 158 to 160
158: Review of bylaws made under this Act or the Local Government Act 1974
1: A local authority must review a bylaw made by it under this Act (other than a bylaw deemed to be made under this Act by section 293
2: A local authority must review a bylaw made by it under the Local Government Act 1974 section 293
a: no later than 1 July 2008, if the bylaw was made before 1 July 2003; and
b: no later than 5 years after the bylaw was made, if the bylaw was made after 1 July 2003.
159: Further reviews of bylaws every 10 years
A local authority must review a bylaw made by it under this Act or the Local Government Act 1974 section 158
160: Procedure for and nature of review
1: A local authority must review a bylaw to which section 158 or 159 section 155
2: For the purposes of subsection (1), section 155
3: If, after the review, the local authority considers that the bylaw—
a: should be amended, revoked, or revoked and replaced, it must act under section 156
b: should continue without amendment, it must use the special consultative procedure.
4: For the purposes of subsection (3)(b) section 83(1)(a)
a: a copy of the bylaw to be continued; and
b: the reasons for the proposal; and
c: a report of any relevant determinations by the local authority under section 155
5: This section n does not apply to any bylaw to which section 10AA of the Dog Control Act 1996
160A: Bylaw not reviewed within specified time frame revoked
A bylaw that is not reviewed as required under section 158 or 159
20: Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place
Section 169(1) bylaw section 147(2)
21: Power to restrict water supply
Section 193(1) paragraph (ba)
ba: fails to comply with any bylaw of a local authority that relates—
i: to water, water pipes, waterworks, water races, or water supply; and
ii: to the person's land or building; or .
22: Interpretation
1: Section 197 subpart, subpart and Schedule 13
2: Section 197 community facilities section 199 .
23: Power to require contributions for developments
1: Section 198(1) before when
2: Section 198(1)(b) authority); and authority):
3: Section 198 subsection (3)
3: A requirement for a development contribution under subsection (1)(a) or (1)(b)
a: a condition of a resource consent that gives rise to any right of objection or appeal; or
b: as the case may be, a matter that gives rise to any right to apply to the chief executive for a determination under the Building Act 2004
4: Subsection (3)
5: In this section,— building consent authority section 273(1)(a) of the Building Act 2004 chief executive section 7 of the Building Act 2004
24: Damage to local authority works or property
Section 232(1) paragraph (d)
d: a drainage work; or
e: anything forming part of, or connected with, any works or property not referred to in paragraphs (a) to (d)
25: Offences punishable on summary conviction
Section 239
2: A District Court presided over by 2 or more Justices has jurisdiction in respect of any summary offence that is a breach of a bylaw made under section 147
26: Bylaws
Section 293
3: Every bylaw to which this section applies that is not revoked or that does not expire before 1 July 2008, is revoked on that date.
27: Schedule 3 amended
1: Clause 10(1)(c) must
2: Clause 59 subclause (2)
2: In preparing a reorganisation scheme, the Commission may also provide for the constitution of any community under Schedule 6
28: Schedule 7 amended
1: Schedule 7 clause 32
32AA: Meaning of officer
For the purposes of clauses 32, 32A, and 32B officer
a: a named person; or
b: the person who is for the time being the holder of a specified office.
2: Clause 32B(1)(a) section clause
29: Schedule 10
1: Clause 10(1)(c) subparagraphs (ii) (iii)
ii: a statement as to whether a uniform annual general charge is to be included and, if so, a statement—
A: as to how the charge is to be calculated; and
B: of the local authority's definition of a separately used or inhabited part of a rating unit, if the charge is to be calculated on this basis; and .
2: Clause 10(1)(d) subparagraph (iii)
iii: for each category, a statement—
A: as to how liability for the targeted rate is to be calculated and
B: of the local authority's definition of a separately used or inhabited part of a rating unit, if the rate is to be calculated on this basis; and .
3: Clause 13(c) subparagraphs (ii) (iii)
ii: whether a uniform annual general charge is to be included and, if so,—
A: how the charge is to be calculated; and
B: the local authority's definition of a separately used or inhabited part of a rating unit, if the charge is to be calculated on this basis; and .
4: Clause 13(d) subparagraph (iii)
iii: for each category,—
A: how liability for the targeted rate is to be calculated; and
B: the local authority's definition of a separately used or inhabited part of a rating unit, if the rate is to be calculated on this basis; and . Consequential amendment to Local Government Act 1974
30: Consequential amendment to Local Government Act 1974
The following section is inserted before section 684 Local Government Act 1974
684AA: Certain provisions of
Local Government Act 2002
1: Despite anything to the contrary in the Local Government Act 2002 sections 150, 151, 155, and 156 of that Act
2: This section does not limit any other provisions of that Act that apply to a bylaw made under this Act. Transitional provision Heading repealed 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
31: Transitional provision for long-term council community plans for period beginning on 1 July 2006
Section 31 repealed 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010


1: Title
This Act is the Local Government Act 1974 Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Local Government Act 1974
4: Removal of abandoned vehicles from roads
1: Section 356(2)(a) may authorise any person to may, or may authorise any person to,
2: Section 356(2)(b) authorised by the council
3: Section 356(2)(h) by the council
5: New sections 356A and 356B inserted
The following sections are inserted after section 356
356A: Further provision in relation to removal of vehicles from roads
1: This section applies in relation to a motor vehicle if—
a: the vehicle is found on a road or in a public place within a territorial authority's district; and
b: the vehicle has—
i: an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or
ii: an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or
iii: a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or
iv: neither an evidence of vehicle inspection nor a licence label affixed to it.
2: The territorial authority—
a: may, or may authorise any person to, remove the vehicle; and
b: if it does so, must—
i: store it for 10 days (the 10-day period
ii: during that time, make reasonable efforts to notify the last registered owner of the vehicle—
A: that it has removed the vehicle; and
B: that the vehicle is in storage; and
C: of the territorial authority's powers under subsection (7)
3: However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)(b)
4: A vehicle must not be removed under this section until a member of the police has been notified of the proposed removal.
5: If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person.
6: Subsection (5)
7: If a vehicle is not claimed under subsection (5)
a: dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and
b: recover from the vehicle's last registered owner any costs incurred by the territorial authority as a result of removing, storing, and disposing of the vehicle (less any amount received on the disposal of it).
8: A territorial authority may retain any proceeds from the disposal of a vehicle under this section that—
a: are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle's disposal; and
b: are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle.
9: Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle.
10: Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981
11: For the purposes of this section,— evidence of vehicle inspection section 2(1) of the Land Transport Act 1998 public place
a: under the control of the territorial authority; and
b: open to, or being used by, the public, whether or not there is a charge for admission territorial authority
356B: Relationship between section 356 and section 356A
In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 and 356A section 356A
6: Amendment to Local Government Amendment Act 1992
Section 58(5) to (10) Local Government Amendment Act 1992


Rates Rebate Amendment Act 2006

1: Title
This Act is the Rates Rebate Amendment Act 2006.
2: Commencement
This Act comes into force on 1 July 2006.
3: Principal Act amended
This Act amends the Rates Rebate Act 1973
4: Interpretation
1: The definition of rates section 2(1)
a: inserting or uniform annual general charge targeted rate
b: repealing paragraph (a)
2: The definition of residential property section 2(1) rateable rating


1: Title
This Act is the Local Government (Rating) Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Local Government (Rating) Act 2002
4: Interpretation
1: Section 5 capital project section 117A lump sum contribution section 117A .
2: The definition of rate section 5 ; but
c: does not include a lump sum contribution .
5: Rating information database
Section 27(4) ; and
c: any information required under section 117K(1)
6: Objections to rating information database
Section 29
4: A person may not object under this section to the correctness or otherwise of any information contained in the database that relates to an objection to the valuation of a rating unit under the Rating Valuations Act 1998
5: Subsection (4)
7: Rates records
Section 37 subsection (1)
1: A local authority must keep and maintain a rates record for each rating unit in its district that clearly shows—
a: the amount of the ratepayer's liability for rates in respect of that unit; and
b: any information required under section 117K(2)
8: New section 41A inserted
The following section is inserted after section 41
41A: Amended assessment to give effect to objection to valuation under
Rating Valuations Act 1998
1: A local authority must issue an amended rates assessment for a rating unit if—
a: it has issued a rates assessment in respect of the rating unit for a financial year; and
b: after issuing the assessment, it has—
i: altered the information in relation to the rating unit in its district valuation roll under section 39 of the Rating Valuations Act 1998
ii: consequentially altered the information in relation to the rating unit in its rating information database for that year; and
c: the alteration in the database gives rise to a difference between the amount of rates that was originally assessed and the amount that would have been payable for that year if the information entered in the database had been the information referred to in paragraph (b)(ii)
2: An amended assessment must be issued—
a: no later than 1 month after the alteration concerned was made to the rating information database; or
b: in the case of a regional council to which section 27(7)
3: If the amended assessment is for an amount that is less than the amount originally assessed, the local authority must refund to the person who paid the rates any rates paid in excess of the amount payable on the amended assessment.
4: However, a local authority is not required to make a refund if it does not have the contact details of the person who paid the rates.
5: If the amended assessment is for an amount that is more than the amount originally assessed, the local authority may recover the excess rates payable on the amended assessment.
6: However, a local authority may only recover the amount if the person who paid the original assessment is also the person to whom the amended assessment is issued.
9: Contents of rates assessment
Section 45 subsection (1)
1A: If the ratepayer has elected to make a lump sum contribution to a local authority's capital project, the rates assessment must also identify the targeted rates for the financial year for which, as a result of the election, no liability attaches to the rating unit.
10: New Part 4A inserted
The following Part is inserted after Part 4
4A: Lump sum contributions
117A: Interpretation
In this Part, unless the context otherwise requires,— capital project
a: means a project or work the expenditure for which is not recognised by generally accepted accounting practice as being operating expenditure; and
b: includes a loan in relation to a project or work capital project funding plan funding plan section 117B(3) election section 117H(1) eligible ratepayer invitation section 117F lump sum contribution
117B: Local authority may fund capital project by lump sum contributions
1: A local authority may fund, or partially fund, a capital project by lump sum contributions from its ratepayers.
2: Subsection (1)
3: A funding plan must—
a: commence at the start of a financial year; and
b: contain the matters required under section 117E(1)
c: be adopted as part of the local authority's—
i: annual plan; or
ii: long-term council community plan (or as an amendment to its long-term council community plan).
4: In developing a funding plan, a local authority must give equal weight to the financial interests of those ratepayers who may elect to make a lump sum contribution and those who may decide not to do so.
5: This section is subject to section 117C
117C: Requirement to pay lump sum contribution must not be imposed on ratepayers
No local authority may require a ratepayer to pay a lump sum contribution to a capital project unless—
a: it has invited the ratepayer to do so under section 117F
b: the ratepayer has elected to do so under section 117H
117D: Consequences for local authority if capital project funding plan adopted
1: Once a local authority has adopted a capital project funding plan for a capital project,—
a: it must not fund the project in any way other than in accordance with the funding plan; and
b: the proceeds from any targeted rates collected under the funding plan must not be used for any purpose other than the project.
2: Subsection (1) Capital project funding plans
117E: Contents of capital project funding plan
1: A local authority must include the matters set out in Part 1 of Schedule 3A
2: A local authority may include any other matter in a funding plan—
a: that it sees fit; and
b: that is not inconsistent with this Act or any other enactment. Invitations to make lump sum contribution
117F: Invitations to make lump sum contribution
1: For the purposes of section 117B
2: An invitation must—
a: be in writing; and
b: be delivered to each eligible ratepayer not less than 1 month before the date specified in the invitation as being the final date for the ratepayer to elect to make a lump sum contribution; and
c: contain the matters required under section 117G(1)
3: A local authority must not include any term in an invitation that would have the effect of—
a: offering different terms to individual eligible ratepayers, a class of eligible ratepayers, or classes of eligible ratepayers; or
b: inviting lump sum contributions from its eligible ratepayers on terms that are inconsistent with the funding plan for the capital project concerned.
117G: Contents of invitation
1: An invitation must—
a: contain all the terms that would apply to the eligible ratepayer if the ratepayer elected to make a lump sum contribution in respect of the rating unit; and
b: include any other information that the local authority considers necessary to enable the eligible ratepayer to make an informed choice about making a lump sum contribution to the project.
2: Without limiting subsection (1) Part 2 of Schedule 3A Elections to make lump sum contribution
117H: Eligible ratepayer may elect to make lump sum contribution
1: Having received an invitation, an eligible ratepayer may elect to make a lump sum contribution to the capital project concerned in respect of the rating unit concerned.
2: An election must be—
a: in writing; and
b: signed by the ratepayer or an authorised representative of the ratepayer; and
c: returned to the local authority concerned no later than the date specified in the invitation as being the final date for a ratepayer to elect to make a lump sum contribution.
3: A rating unit in respect of which the eligible ratepayer does not elect to make a lump sum contribution will be liable for the targeted rates specified in the invitation that relate to the category of rating unit to which the unit belongs and—
a: that apply to a rating unit in respect of which the ratepayer has not elected to make a lump sum contribution; and
b: that apply to a rating unit whether or not the ratepayer in respect of the rating unit has elected to make a lump sum contribution.
117I: Lump sum contribution invoice
1: This section applies to a rating unit in respect of which the eligible ratepayer has elected to make a lump sum contribution to a local authority's capital project.
2: The local authority must deliver to the ratepayer in respect of the rating unit—
a: an invoice for the full contribution, if the lump sum contribution is to be paid in one amount; or
b: an invoice for each instalment, if the lump sum contribution is to be paid in instalments.
3: An invoice must be delivered to the ratepayer no later than 1 month before the date on which payment is due (being the date specified in the invitation concerned).
4: An invoice—
a: must be a separate document from any rates invoice delivered to the ratepayer; but
b: may be delivered at the same time as the rates invoice.
117J: Consequences for eligible ratepayer (and any future ratepayers) of election to make lump sum contribution
1: A rating unit in respect of which the eligible ratepayer has elected to make a lump sum contribution for a capital project is not liable for the targeted rates specified in the invitation concerned as being targeted rates that do not apply to the rating unit.
2: The obligations assumed by an eligible ratepayer who elects to make a lump sum contribution in respect of a rating unit—
a: run with the land; and
b: are binding on every person who is for the time being the ratepayer responsible for the rating unit.
3: Subsection (2)
a: the date that the contribution is paid in full; or
b: the date that any recalculation of the contribution is made. Local authority must record certain matters
117K: Local authority must record elections and lump sum contributions in rating information database and rates records
1: A local authority must record the following information in its rating information database for each rating unit in respect of which an eligible ratepayer has elected to make a lump sum contribution:
a: that an election has been made; and
b: that the rating unit is not liable for the targeted rates specified in the invitation concerned as being targeted rates that do not apply to the rating unit.
2: A local authority must record the following information in its rates records for each rating unit in respect of which an eligible ratepayer has elected to make a lump sum contribution:
a: that an election has been made; and
b: the terms of the invitation concerned; and
c: the information relating to due dates and amounts of payment included in any invoice delivered to the ratepayer under section 117I
d: the date and amount of any lump sum contribution payments made in respect of the rating unit. Change of ownership of rating unit
117L: Local authority must notify new ratepayer of liability in respect of rating unit for lump sum contribution
1: This section applies if—
a: a rating unit is liable for a lump sum contribution; and
b: the ratepayer in respect of the rating unit changes because the local authority is notified,—
i: under section 31
ii: under section 32
iii: under section 33
2: A local authority that is notified of a matter described in subsection (1) section 117K(2)
3: The local authority must also provide to the person a copy of the terms of the election made by the eligible ratepayer as set out in the invitation concerned. Recalculation of lump sum contributions
117M: Recalculation of lump sum contributions
1: A local authority may make 1 recalculation of the lump sum contributions to a capital project.
2: A recalculation must be made in accordance with the factors and methodologies specified in the invitation concerned.
3: A recalculation must not be made until the final cost of the project is known.
4: A local authority must, no later than 1 month after a recalculation,—
a: if the liability from the lump sum contributions decreases, refund the excess to the ratepayer for each rating unit in respect of which a contribution was made; or
b: if the liability from the lump sum contributions increases, deliver an invoice to the ratepayer for each rating unit in respect of which a contribution was made.
5: Any invoice to which subsection (4)(b) Late payment or non-payment of lump sum contribution
117N: Late payment or non-payment of lump sum contribution
1: This section applies if—
a: an eligible ratepayer has elected to make a lump sum contribution to a capital project in respect of a rating unit; and
b: the eligible ratepayer (or any other person who is for the time being the ratepayer) in respect of the rating unit does not pay the contribution, or a contribution instalment, by its due date (including any amount due under section 117M(4)(b)
2: The local authority concerned may either—
a: cancel the election; or
b: recover the amount owing in a court of competent jurisdiction as a debt due.
3: If the local authority cancels the election it must amend the entries in its rating information database and rates records in relation to the rating unit, for each year that it has recorded information under section 117K section 117K(1)(b)
4: The local authority must record any amount paid as a lump sum contribution in respect of the rating unit as a payment of the rates referred to in subsection (3)
a: for the first year that the rating unit was liable for those rates; and
b: as being paid at the date that the lump sum contribution was paid.
5: The local authority must record any surplus amount resulting from the operation of subsection (4) subsection (3)
a: for the next year that the rating unit was liable for those rates; and
b: as being paid at the date that the lump sum contribution was made.
6: The local authority must continue to apply any surplus amount in the manner set out in subsection (5)
a: no surplus remains; or
b: no rates remain unpaid.
7: If, after the operation of subsections (5) and (6)
a: a deficit for any financial year concerned is shown in the rates record, the local authority must treat the amount or amounts as unpaid rates for the purposes of sections 46(2)(i), 57, and 58
b: a surplus remains, the local authority must credit the rates record.
8: Subsection (7)(a) section 85
9: The local authority must apply any credit under subsection (7)(b)
a: pay any arrears owing in respect of the rating unit for 1 or more previous financial years:
b: pay any arrears owing in respect of the rating unit for the current financial year:
c: record a credit in the rates record against future rates in respect of the rating unit.
10: If subsection (9)(c)
a: the ratepayer in respect of the rating unit may apply to the local authority, in writing, for a refund of the credited amount; and
b: the local authority must, as soon as practicable, make the refund.
11: The local authority must issue an amended rates assessment for each year in respect of which it has amended the rates records under this section.
11: New Schedule 3A inserted
The Schedule 3A set out in the Schedule Schedule 3 Transitional provisions
12: Transitional provision in relation to amended rates assessments for errors in rating information database or rates record
The amendments made by sections 6 8 section 29
13: Transitional provision in relation to long-term council community plans for period beginning on 1 July 2006
Any amendments made by this Act that have the effect of requiring an amendment to a long-term council community plan (to ensure that it complies with the requirements of the principal Act, as amended by this Act)
a: do not apply to a long-term council community plan to which section 280 Local Government Act 2002
b: do apply to any amendment made to a long-term council community plan to which section 280 Local Government Act 2002 Amendments to other enactments
14: Amendment to
Auckland War Memorial Museum Act 1996 Section 24 Auckland War Memorial Museum Act 1996
15: Amendments to Local Government Act 2002 consequential to insertion of new Part 4A in principal Act
1: Section 5(1) Local Government Act 2002 capital project section 5 of the Local Government (Rating) Act 2002 lump sum contribution section 5 of the Local Government (Rating) Act 2002
2: Section 96 Local Government Act 2002
5: This section applies subject to Part 4A of the Local Government (Rating) Act 2002
3: Section 97 Local Government Act 2002
3: Nothing in this section applies to a decision of a local authority to fund a capital project by lump sum contributions if the local authority has complied with section 117B(3)(c)(i) of the Local Government (Rating) Act 2002
4: Section 103(2) Local Government Act 2002 paragraph (b)
ba: lump sum contributions: .
5: Clause 10(1)(d) Local Government Act 2002
v: whether lump sum contributions will be invited in respect of the targeted rate; and .
6: Clause 13(d) Local Government Act 2002 ; and
v: whether lump sum contributions will be invited in respect of the targeted rate.


1: Title
This Act is the Land Transport Amendment Act (No 2) 2006.
2: Commencement
1:
2: This rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) repealed 29 June 2009 section 35(3) Land Transport Amendment Act 2009
3: Principal Act amended
This Act amends the Land Transport Act 1998
4: Interpretation
1: Section 2(1) enforcement authority enforcement authority
a: the New Zealand Police, in any case:
b: the Authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the Authority or on behalf of the Authority:
c: Transit, in the case of an infringement offence—
i: that relates to the use of a special vehicle lane; and
ii: for which an infringement notice is issued by an employee of Transit or on behalf of Transit:
d: a local authority, in the case of an infringement offence—
i: that relates to the use of a special vehicle lane; and
ii: for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:
e: a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 of the Land Transport Management Act 2003
2: Section 2(1) special vehicle lane clause 1.6 of the Land Transport (Road User) Rule 2004
5: Provisions relating to infringement fees
Section 141 subsection (3)
3A: However, an enforcement authority that is Transit or a local authority may also retain the portion of the infringement fees received by it under this Act—
a: that the Minister of Finance from time to time approves; and
b: that are fees received in respect of an infringement offence in relation to the use of a special vehicle lane.
6: Repeal of amendments made by this Act to sections 2(1) and 141 of principal Act
Section 6 repealed 29 June 2009 section 35(3) Land Transport Amendment Act 2009


1: Title
This Act is the New Zealand Superannuation and Retirement Income Amendment Act 2006.
2: Commencement
This Act comes into force on 1 July 2006.
3: Principal Act amended
This Act amends the New Zealand Superannuation and Retirement Income Act 2001
4: Living alone payments
Section 13(3)(b) or household expenses (including accommodation expenses)
5: Entitlement to benefits for spouses or partners of persons receiving means-tested residential disability services
1: The heading to section 17 receiving means-tested residential disability services in long-term residential care in hospital or rest home
2: Section 17 subsection (1)
1: This section applies to any person who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (within the meaning of section 136 of the Social Security Act 1964
6: Living alone rate of payment for spouses or partners of persons receiving means-tested residential disability services
The heading to section 18 receiving means-tested residential disability services in long-term residential care in hospital or rest home
7: Absences up to 52 weeks with aid agencies
1: The heading to section 24 52 156
2: Section 24(1)(b) 52 156


War Pensions Amendment Act 2006

1: Title
This Act is the War Pensions Amendment Act 2006.
2: Commencement
1: Except as provided in subsection (2)
2: Section 8
3: Principal Act amended
This Act amends the War Pensions Act 1954
4: Interpretation
Section 67(1) partner section 3(1) of the Social Security Act 1964
5: New section 74BA inserted
The following section is inserted after section 74B
74BA: Entitlement to veteran's pension for spouses or partners of persons in long-term residential care in hospital or rest home
1: This section applies to any person—
a: who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (within the meaning of section 136 of the Social Security Act 1964
b: who is in receipt of a veteran's pension, or whose spouse or partner is in receipt of a veteran's pension.
2: A person to whom this section applies is entitled to receive a veteran's pension at the rate payable to a person who is single—
a: stated in clause 1(a) of Schedule 11 section 74U
b: stated in clause 1(b) of Schedule 11 section 74U
3: Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person's spouse or partner under Part 4 of the Social Security Act 1964
6: Absences up to 52 weeks with aid agencies
1: The heading to section 74H 52 156
2: Section 74H(1)(b) 52 156
7: Living alone payments
Section 74U(3)(b) or household expenses (including accommodation expenses)
8: Rates of pensions, lump sum payments, and allowances may be increased by Order in Council
Section 75C(1)(ab) clause 2(a)
9: Amendment to Social Security Act 1964
Section 155(1) Social Security Act 1964 paragraph (a)
10: Amendment to
Social Security (Long-term Residential Care) Regulations 2005 The Social Security (Long-term Residential Care) Regulations 2005 regulation 4
11: Savings provision
1: This section applies to a person who, immediately before section 10 regulation 4 Social Security (Long-term Residential Care) Regulations 2005
2: A person to whom this section applies is to be treated as a person to whom section 74BA of the War Pensions Act 1954 section 5
a: the person's spouse or partner continues to be in long-term residential care in a hospital or rest home; and
b: the person is not himself or herself in long-term residential care.


Historic Places Amendment Act 2006

1: Title
This Act is the Historic Places Amendment Act 2006.
2: Commencement
This Act comes into force on 1 August 2006.
3: Principal Act amended
This Act amends the Historic Places Act 1993
1: Amendments to
Historic Places Act 1993
4: Interpretation
1: Section 2 paragraph (a)(iii) historic place ; or
iv: any combination of land, buildings or structures, and associated buildings or structures (including any part of those buildings or structures, or associated buildings or structures) .
2: Section 2 paragraph (a) historic place a place that is forms
3: Section 2 paragraph (b) regional council
4: Section 2 paragraph (b) working day 15th 10th
5: Rights of appeal
Section 20(6)
f: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga.
6: New section 20A inserted
The following section is inserted after section 20
20A: Commencement of authority
1: An authority granted under this Act by the Trust commences when—
a: the time for lodging appeals under section 20(1)(c), (d), (e), (f), or (g)
b: the Environment Court determines any appeals lodged under section 20(1)(c), (d), (e), (f), or (g)
c: all appellants withdraw their appeals lodged under section 20(1)(c), (d), (e), (f), or (g)
2: Subsection (1) 1991 No 69 s 116(1) .
7: Provisions relating to historic places
Section 24(3)(b)(iii) and regional council authority
8: Provisions relating to wahi tapu
Section 25(3)(b)(ii) and regional council authority
9: Interim registration
1: Section 26(3)(a) section 29 or section 30 section 32B or section 32C
2: Section 26(3)(a) (b) final
10: New section 28 substituted
Section 28
28: Procedure if registration of historic place or wahi tapu proposed
1: The following persons may make written submissions on a proposal under section 24 section 25
a: the owner of the historic place or wahi tapu:
b: any occupier of the historic place or wahi tapu:
c: any person having a registered interest in the historic place or wahi tapu:
d: any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage:
e: the territorial authority and regional council having jurisdiction in the area:
f: the appropriate iwi.
2: Submissions may be made on a proposal or application whether or not interim registration of the historic place that the proposal relates to or of the wahi tapu that the application relates to has been granted.
3: In the case of an interim registration, submissions must be made to the Trust or Council, as the case may require, within 20 working days after the date of the public notification of the grant of interim registration
4: In all other cases, submissions must be made to the Trust or Council, as the case may require, within—
a: 20 working days after the public notification of the proposal or application; or
b: any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
5: The Council may make any inquiries that it sees fit before deciding whether to register a wahi tapu.
6: If the Trust considers that an historic place proposed for registration is of Maori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic place should be registered.
7: When deciding whether to register an historic place, the Trust may reconsider the category of registration proposed of the place concerned and alter the category if it considers this action appropriate.
11: Sections 29 and 30 repealed
Sections 29 30
12: Provisions relating to historic areas
Section 31 subsections (3) to (6)
3: If satisfied that the proposal is supported by sufficient evidence, the Trust must—
a: publicly notify the proposal for registration in the manner that the Trust considers appropriate; and
b: give notice in writing of the proposal to—
i: any person that—
A: is an owner of the historic area or part of the historic area; or
B: has a registered interest in the historic area or part of the historic area; and
ii: the relevant territorial authority and regional council.
4: Despite subsection (3)(b) subsection (3)(b)(i)
a: the person is both—
i: unknown to the Trust; and
ii: unidentifiable by the Trust from publicly available records; or
b: the person's address is both—
i: unknown to the Trust; and
ii: unidentifiable by the Trust from publicly available records.
5: An owner of an historic area or part of an historic area who receives a notice under subsection (3)(b)(i)(A)
6: Failure to give notice under subsection (5)
7: In the case of an application affecting Maori land, the Trust must give notice of the application to the appropriate Registrar of the Maori Land Court, who must record the notice in the Court records.
8: For the purposes of this section, address
a: residence; or
b: business.
13: Provisions relating to wahi tapu areas
Section 32 subsections (3) to (6)
3: If satisfied that the proposal is supported by sufficient evidence, the Council must—
a: publicly notify the proposal for registration in the manner that the Council considers appropriate; and
b: give notice in writing of the proposal to—
i: any person that—
A: is an owner of the wahi tapu area or part of the wahi tapu area; or
B: has a registered interest in the wahi tapu area or part of the wahi tapu area; and
ii: the relevant territorial authority and regional council; and
iii: the appropriate iwi
4: Despite subsection (3)(b) subsection (3)(b)(i)
a: the person is both—
i: unknown to the Council; and
ii: unidentifiable by the Council from publicly available records; or
b: the person's address is both—
i: unknown to the Council; and
ii: unidentifiable by the Council from publicly available records.
5: An owner of a wahi tapu area or part of a wahi tapu area who receives a notice under subsection (3)(b)(i)(A)
6: Failure to give notice under subsection (5)
7: In the case of an application affecting Maori land, the Trust must give notice of the application to the appropriate Registrar of the Maori Land Court, who must record the notice in the Court records.
8: For the purposes of this section, address
a: residence; or
b: business.
14: New sections 32A to 32D inserted
The following sections are inserted after section 32
32A: Procedure if registration of historic area or wahi tapu area proposed
1: The following persons may make written submissions on a proposal under section 31 section 32
a: every owner of the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
b: any occupier of the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
c: every person having a registered interest in the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
d: any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage:
e: the relevant territorial authority and regional council:
f: the appropriate iwi.
2: The submissions must be made to the Trust or Council, as the case may require, within—
a: 20 working days after the public notification of the proposal or application; or
b: any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
3: The Council may make any inquiries that it sees fit before deciding whether to register a wahi tapu area.
4: If the Trust considers that an historic area proposed for registration is of Maori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic area should be registered.
32B: Registration may be confirmed by agreement
The Trust or the Council (as the case may be) may confirm the registration of the historic place, wahi tapu, historic area, or wahi tapu area at any time—
a: after notice of a proposal has been given under section 24(3)(b), section 25(3)(b), section 31(3)(b), or section 32(3)(b)
b: with the agreement of all owners and all persons holding a registered interest.
32C: When registration occurs
1: An historic place, a wahi tapu, an historic area, or a wahi tapu area is registered when—
a: either—
i: the Trust (in the case of an historic place or historic area) or the Council (in the case of a wahi tapu or wahi tapu area) has confirmed its registration; or
ii: its registration has been confirmed by agreement under section 32B
b: every owner of the historic place, wahi tapu, historic area, or wahi tapu area has received a notice under subsection (2)(b)
2: The Trust or the Council (as the case may require) must—
a: publicly notify the registration; and
b: give written notice of the registration to any person that has been given notice under section 24(3)(b), section 25(3)(b), section 31(3)(b), or section 32(3)(b)
32D: Territorial authorities and regional councils must have particular regard to recommendations
1: In respect of any registered historic area, the Trust may make recommendations to the territorial authority and regional council where the historic area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the historic area.
2: In respect of any registered wahi tapu area, the Council may make recommendations to the territorial authority and regional council where the wahi tapu area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the wahi tapu area.
3: A territorial authority or regional council receiving recommendations under subsection (1) or subsection (2)
15: Proposals affecting registered wahi tapu areas
Section 33(2) the relevant regional council, authority,
16: Records to be supplied to territorial authorities
Section 34(2)(b) section 30(2)(b) of this Act section 32C(2)(b) or section 37(7) or section 37A(b)
17: New sections 37 and 37A substituted
Section 37
37: Review, variation, or removal of registration
1: The Trust (in the case of an historic place or historic area) or the Council (in the case of a wahi tapu or wahi tapu area) may, at any time, review the registration of the historic place, historic area, wahi tapu, or wahi tapu area.
2: Any person may—
a: apply to the Trust for a review of the registration of any historic place or historic area:
b: apply to the Council for a review of the registration of any wahi tapu or wahi tapu area.
3: However, no person may apply for a review of a registration within 3 years after the date of—
a: the registration; or
b: the last review of the registration.
4: An application for the review of a registration must be made in the prescribed form (if any) and state the grounds for review.
5: An application for the review of registration must be considered by the Trust or the Council (as the case may be) not later than 1 year after the date of its receipt by the Trust or the Council.
6: However, the Trust or the Council (as the case may be)—
a: may decline to consider any application that does not state any grounds for review or if it considers that the grounds stated are insufficient to justify a review; and
b: must notify the applicant of its decision in writing.
7: If the Trust or the Council decides to review a registration (whether on its own initiative or as a result of an application), the Trust or the Council (as the case may be) must conduct the review in the same manner as if it were a proposal for registration or an application to enter on the Register (as appropriate) under this Act.
8: When its review is completed, the Trust or the Council (as the case may be) may—
a: vary the registration; or
b: remove the registration; or
c: confirm the registration; or
d: in the case of an historic place, change or confirm the category of registration.
9: If the Trust has, as part of its review, publicly notified a proposal to change the category of a registered historic place to Category I,—
a: the Trust may apply section 194 of the Resource Management Act 1991
b: if the Trust applies section 194 of the Resource Management Act 1991 section 195 of that Act
37A: Removal of registration in cases of destruction or demolition
If an historic place, a wahi tapu, an historic area, or a wahi tapu area is destroyed or demolished, the Trust or the Council (as the case may be)—
a: may, after making any inquiries that it sees fit, remove the registration of that historic place, wahi tapu, historic area, or wahi tapu area; and
b: must, as soon as practicable after removing a registration, notify in writing the relevant territorial authority and regional council.
18: Functions of Trust
1: Section 39(a) wahi tapu, conserve
2: Section 39(b) wahi tapu, of
3: Section 39(d) wahi tapu, of
19: New section 42 substituted
Section 42
42: Membership of Board
1: The membership of the Board consists of 9 persons, of whom—
a: 3 are elected by the members of the Trust in accordance with regulations made under section 113(a)
b: 6 are appointed by the Minister.
2: The persons appointed under subsection (1)(b)
3: At least 3 of the persons appointed under subsection (1)(b)
4: One of the persons appointed under subsection (1)(b)
5: The appointments made under subsections (1)(b) and (4) Crown Entities Act 2004
20: Term of office of elected members of Board
Section 43(2) section 42(c) section 42(1)(a)
21: Section 51 repealed
Section 51
22: Powers of Trust
Section 54(2) paragraph (l)
l: appoint and remove Board committees and their members, and establish and disestablish Branch committees: .
23: Rules of Trust
1: Section 60(1)(d) disestablishment, establishment,
2: Section 60(1)(e) and branch committees
3: Section 60(1) paragraph (e)
ea: providing for the election and removal of members of branch committees: .
24: Maori Heritage Council
Section 84 subsection (2)
2: The membership of the Council consists of—
a: 3 members of the Board who have been appointed in accordance with section 42(3)
b: 1 member of the Board who has been either appointed or elected under section 42(1)
c: 4 persons who—
i: are Maori; and
ii: have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council; and
iii: are appointed by the Minister after consultation with the Minister of Maori Affairs and the Board.
25: Strict liability and defences
Section 106(2)(b) either
2: Transitional provisions
26: Transitional provisions
1: A person elected to the Board under the principal Act before the commencement of this Act continues in office until new elections are held under regulations made under section 113(a)
2: Any appointment to the Board under the principal Act before the commencement of this Act expires when this Act comes into force.
3: Any appointment to the Council made—
a: under section 84(2)(a) (b) (c)
b: by the Minister under the principal Act before the commencement of this Act expires when the term of that appointment ends.


1: Title
This Act is the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act amended
This Part amends the Act that was previously called the Housing Restructuring Act 1992
4: Title amended
Paragraph (c) , income-related rents, information matching, and other tenancy matters
5: Name of principal Act changed
1: After the commencement of this Act, the principal Act is called the Housing Restructuring and Tenancy Matters Act 1992.
2: Section 1(1) and Tenancy Matters Restructuring
a: section 19A(1) Housing Act 1955
b: the definition of HNZ section 2 20B(3) (4) 52(2) Housing Corporation Act 1974
c: sections 24(3) 25(2) 3 Housing Corporation Amendment Act 2001
d: the enacting statement, regulation 1 Act 3 Housing Restructuring (Appeals) Regulations 2000
e: section 7(1)(i) Legal Services Act 2000
f: section 3 3 Relationships (Statutory References) Act 2005
g: section 25(3) Residential Tenancies Act 1986
h: paragraph (f)(xvi) income 3(1) 61EA(2A) Social Security Act 1964
i: clause 5(b)(iii) Social Security (Temporary Additional Support) Regulations 2005
j: regulation 9(2)(aa) Student Allowances Regulations 1998
3: Unless the context otherwise requires, any reference to the Housing Restructuring Act 1992
6: New Part 6 inserted
The following Part is inserted after Part 5
6: Information matching
66: Interpretation
In this Part, unless the context otherwise requires,— benefit
a: a benefit as defined in section 3(1) of the Social Security Act 1964
b: a lump sum payable under any of sections 61DB, 61DC, and 61DD of that Act
c: any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 124(1)(d) of that Act
d: an allowance established by regulations made under section 303 of the Education Act 1989 Corporation section 2(1) Corporation housing department Social Security Act 1964 partner spouse or partner A
a: who is A's civil union partner or de facto partner; and
b: who is not, in the Corporation's opinion, living apart from A.
67: Purpose of
section 68 The purpose of section 68
a: verify the entitlement or eligibility of any person to or for any benefit; and
b: verify the amount of any benefit to which any person is or was entitled or to which any person is or was eligible; and
c: recover debts due to the Crown (acting by and through the department) in respect of benefits.
68: Disclosure of tenancy information for benefit purposes
1: For the purpose stated in section 67
a: the biographical information held by the Corporation that is sufficient to identify those persons, including their addresses; and
b: the details of the tenancies of those persons held by the Corporation that are necessary for the purpose stated in section 67
2: A request under subsection (1)
3: On receipt of a request under subsection (1)
a: of the chief executive of the department; and
b: authorised for the purpose by that chief executive.
4: Information supplied under a request under subsection (1)
69: Information and details to be disclosed
Examples of the information and details referred to in section 68(1)(a) and (b)
a: his or her full name, any other names used by him or her, and his or her date of birth; and
b: the full name, any other names used by, and the date of birth of, his or her spouse or partner (if any) and the full names, any other names used by, and the dates of birth of, any dependent children of the tenant or his or her spouse or partner (if any); and
c: the physical address of the Corporation housing that is the subject of the tenancy; and
d: the start date, end date (if any), and weekly rent of the tenancy; and
e: his or her income, and the components of it, as advised by him or her on any form or forms, or in any other information, supplied to the Corporation for the purposes of enabling it to determine his or her rental, and the period or periods to which that income, or a component of it, relates; and
f: any address or other details supplied to the Corporation for the purposes of enabling it to contact him or her after the tenancy has ended.
2: Consequential amendments to
Privacy Act 1993
7: Principal Act amended
This Part amends the Privacy Act 1993
8: Interpretation
1: The definition of specified agency section 97 paragraph (b)
ba: the company within the meaning of section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992 .
2: The definition of specified agency section 97 paragraph (f)
fa: the Housing New Zealand Corporation established (as the Housing Corporation of New Zealand) by section 3(1) of the Housing Corporation Act 1974 .
9: Schedule 3 amended
Schedule 3 Housing Restructuring and Tenancy Matters Act 1992 Section 68


1: Title
This Act is the Appropriation (2006/07 Estimates) Act 2006. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
3: Application
This Act (except section 9 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2007 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
5: Interpretation
1: In this Act, unless the context otherwise requires,— shown in a Vote in the Estimates 2006/07 Vote Annual the Estimates this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department, multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1) Public Finance Act 1989 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
6: Appropriations for expenses to be incurred
1: Expenses may be incurred by the Crown or an Office of Parliament in relation to—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
2: The expenses to which subsection (1)
3: The expenses to which subsection (1) Schedule 1 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
7: Appropriations for capital expenditure to be incurred
1: Capital expenditure may be incurred by the Crown in relation to the categories of capital expenditure set out in column 3 of Schedule 1
2: The capital expenditure to which subsection (1)
3: The capital expenditure to which subsection (1) Schedule 1 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
8: Appropriations administered by intelligence and security departments
1: Expenses and capital expenditure may be incurred by an intelligence and security department in relation to the categories of expenses and capital expenditure set out in column 3 of Schedule 2
2: The expenses and capital expenditure to which subsection (1)
3: The expenses and capital expenditure to which subsection (1) Schedule 2 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
9: Appropriations applying to more than 1 financial year
1: Expenses may be incurred by the Crown in relation to the categories of other expenses set out in column 3 of Schedule 3
2: Capital expenditure may be incurred by the Crown in relation to the category of capital expenditure set out in column 3 of Schedule 3
3: The expenses and capital expenditure to which subsections (1) (2)
4: The expenses to which subsection (1)
a: for the categories of other expenses against which the amount of each expense is shown in column 5 of Schedule 3
b: during the period specified in column 4 of that schedule against each category of other expenses.
5: The capital expenditure to which subsection (2)
a: for the category of capital expenditure against which the amount of that capital expenditure is shown in column 6 of Schedule 3
b: during the period specified in column 4 of that schedule against that category of capital expenditure. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
10: Scope of appropriations for purposes of section 9 of Public Finance Act 1989
For the purposes of section 9 Public Finance Act 1989
a: each multi-class output expense appropriation under section 6
i: under the column headed Scope of 2006/07 Appropriations
ii: alongside each of the individual classes of out-puts, set out under the column headed Appropriations
b: each appropriation under section 6 7 8
i: under the column headed Scope of 2006/07 Appropriations
ii: alongside the category of output expenses, category of benefits or other unrequited expenses, category of other expenses, category of capital expenditure, or category of expenses and capital expenditure, set out under the column headed Appropriations
c: each appropriation under section 9
i: under the column headed either Scope of Appropriations Description of Appropriations
ii: alongside the category of other expenses or category of capital expenditure, set out under the column headed Appropriations This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
11: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Public Finance Act 1989 Schedule 4 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
12: Confirmation of net assets
For the purposes of section 22 Public Finance Act 1989 sections 23 26E(1)(b) Schedule 5
a: column 3 shows the most recently projected amount of net assets at the start of this year; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
13: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs listed in Schedule 6 section 32A Public Finance Act 1989 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
14: Repeals
1: The Acts specified in Schedule 7
2: Sections 6 to 10 12 1 2 Appropriation (2004/05 Supplementary Estimates) Act 2005 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007