War Pensions Amendment Act 2003

1: Title
1: This Act is the War Pensions Amendment Act 2003.
2: In this Act, the War Pensions Act 1954 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Application of Act
Section 1A of this Act or Part 6
4: Act divided into Parts
Section 3 Part 5 Part 6 Sections 67 to 74W
5: War Pensions Appeal Boards
Section 8 subsection (7)
6: Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
Section 62(2) Parts 5 and 6 Part 5
7: Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
Section 65(2) Parts 4, 5A, and 6 Part 4
8: New
Part 6 The principal Act is amended by inserting, after Part 5
6: Veterans' pensions
67: Interpretation
1: In this Part and in Schedules 11 to 13 Department section 2(1) of the Defence Act 1990 dependent child
a: whose care is primarily the responsibility of that person; and
b: who is being maintained as a member of that person's family; and
c: who is financially dependent on that person; and
d: who is not a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989 employment income
a: includes-
i: subject to paragraph (b) section OB 1 of the Income Tax Act 1994
ii: any benefit of a kind referred to in section CH 2 of the Income Tax Act 1994
iii: in the case of a person who, in the relevant period, has been provided, in respect of any office or position held by the person, with board or lodging, or the use of a house or quarters, or has been paid an allowance instead of being provided with board or lodging, or with the use of a house or quarters, the value of those benefits (and the value of the benefits is to be determined, in the case of a dispute, by the Secretary); but
b: does not include any employer superannuation contribution (within the meaning of section OB 1 of the Income Tax Act 1994 income section 3(1) of the Social Security Act 1964 Income Test 3 New Zealand superannuation New Zealand Superannuation Act 2001 ordinarily resident Secretary spouse
2: Unless the context otherwise requires, any word or expression used in this Part or in Schedules 11 to 13 section 2 of this Act section 3(1) of the Social Security Act 1964 1990 No 26 s 2
68: Administration of veterans' pensions
1: This Part is administered in the Department.
2: Nothing in the other Parts of this Act or the War Pensions Regulations 1956
3: In the application of any of the provisions of the Social Welfare (Transitional Provisions) Act 1990 Social Security Act 1964
4: Nothing in subsection (3) section 11B of the Social Security Act 1964
5: If a requirement is made under section 11 of the Social Security Act 1964 section 11B of that Act
a: to the Secretary as if the Secretary were the chief executive of the department; and
b: to every officer or employee of the Department engaged in the administration of veterans' pensions as if they were officials or employees of the department. 1990 No 26 s 2A
69: Delegation of Secretary's powers
1: The Secretary may, either generally or particularly, delegate to the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
a: sections 70 to 74B
b: any other provision in this Part or the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990
2: The provisions of sections 41 and 42 of the State Sector Act 1988 subsection (1) section 41 of that Act 1990 No 26 s 2B Entitlement
70: Entitlement to veteran's pension
1: Subject to this Part and to the Social Security Act 1964
a: in any war or emergency in which New Zealand forces have served, that person either—
i: served as a member of the forces, a member of the Mercantile Marine, or a member of the Emergency Reserve Corps; or
ii: served as a member of the forces or as a member of the Mercantile Marine of any Commonwealth country (other than New Zealand) outside that Commonwealth country, and was ordinarily resident in New Zealand at the commencement of that war or emergency; and
b: that person either-
i: has attained the age at which he or she is entitled to receive New Zealand superannuation if otherwise qualified to receive it and is qualified to receive a pension under Part 2, Part 4, or Part 5
ii: because of any mental or physical infirmity is, in the Secretary's opinion, prevented from undertaking employment and, because of that infirmity, is likely to be prevented from undertaking employment permanently or for a substantial period.
2: If a person is entitled to receive a veteran's pension on account of his or her own service, or would have been entitled to receive it had he or she been alive, the spouse of that person is entitled to receive a veteran's pension in the spouse's own right if the spouse has attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
3: A person is not entitled to receive a veteran's pension if he or she has at any time been in receipt of New Zealand superannuation unless he or she-
a: is qualified to receive a pension under Part 2, Part 4, or Part 5
b: had elected to receive New Zealand superannuation under section 66M section 4 of the War Pensions Amendment Act 1986
i: before 1 April 1990, sent a written request to the Secretary to forgo national superannuation paid or payable under the Social Security Act 1964
ii: on or after 1 April 1990, sent or sends a written request to the Secretary to forgo New Zealand superannuation and to receive instead a veteran's pension.
4: In subsection (3)
a: New Zealand superannuation paid or payable under the New Zealand Superannuation Act 2001
b: New Zealand superannuation paid or payable under the Social Welfare (Transitional Provisions) Act 1990 New Zealand Superannuation Act 2001
c: national superannuation or guaranteed retirement income paid or payable, before 1 April 1994, under the Social Welfare (Transitional Provisions) Act 1990
d: national superannuation paid or payable, before 1 April 1990, under the Social Security Act 1964 1990 No 26 s 8
70A: Service in connection with any emergency
If any question arises as to whether or not any member of the forces while on service was serving in connection with an emergency for the purposes of this Part, that question must be referred to and be decided by the Minister (as defined in section 2(1)
71: Veteran's ability to earn employment income
1: This section applies to a person who-
a: is in receipt of a veteran's pension; and
b: qualified to receive that pension under either-
i: section 70(1)(b)(ii)
ii: section 8(1)(b)(ii) of the Social Welfare (Transitional Provisions) Act 1990
c: has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: A person to whom this section applies will not cease to be entitled to receive a veteran's pension merely because that person, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.
3: This section applies despite section 70(1)(b)(ii) section 74D
72: Medical examination of applicant for veteran's pension
1: The Secretary, in his or her discretion, may require any applicant for a veteran's pension or any person in receipt of a veteran's pension to submit himself or herself to a medical practitioner nominated by the Secretary for the purpose of a medical examination.
2: The medical practitioner must certify-
a: whether, in his or her opinion, the applicant or person in receipt of a veteran's pension is prevented from undertaking employment as a result of a mental or physical infirmity; and
b: the estimated duration of that condition.
3: The medical practitioner must state the grounds upon which his or her opinion is founded. 1990 No 26 s 9
73: Commencement of veteran's pension
1: A veteran's pension commences on the later of-
a: the date on which the applicant became entitled to receive it; or
b: the date on which the department received the application for it.
2: Despite subsection (1)
a: the person applied or applies for the veteran's pension after 6 March 1995; and
b: the service qualifying that person for a veteran's pension under section 70(1)(a)
3: Nothing in subsection (2) section 70(3) 1990 No 26 s 10
74: Rates of veterans' pensions
1: The rate of a veteran's pension is the appropriate rate specified in Schedule 11
2: A married person whose spouse is not entitled to receive a veteran's pension may elect to receive the appropriate rate specified in either clause 1 or clause 2 of that schedule
3: However, an election to receive a veteran's pension under clause 2 of Schedule 11
a: that married person's spouse is or was in employment under a contract of service; and
b: the combined income of the married person and his or her spouse, during that employment, is or was enough to prevent receipt of a veteran's pension under clause 2 of that schedule
4: A person who has made an election under subsection (2) 1990 No 26 s 11
74A: Lump sum payments on death
On the death of any person who is ordinarily resident in New Zealand on the date of death and who is in receipt of a veteran's pension on that date, or on the death of the spouse of that person, the appropriate amount specified in Schedule 12 1990 No 26 s 12
74B: Persons formerly receiving certain pensions or allowance entitled to veteran's pension
1: Despite section 70(1)
2: Subclause (1) section 70(3) 1990 No 26 s 13
74C: Annual adjustment of rates of veterans' pensions
1: In this section,- CPI earner levy section 219(1) and (2) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 standard tax section NC 8 of the Income Tax Act 1994
2: Subject to subsection (3) clauses 1 and 2(b) of Schedule 11
3: Every Order in Council made under subsection (2) section 74D
a: a married couple who are both qualified to receive a veteran's pension is not less than 65% or more than 72.5% of the average ordinary time weekly earnings (males and females combined) as determined by the last Quarterly Employment Survey of wages published by Statistics New Zealand before 1 March in each year (after the deduction of standard tax and the earner levy payable on those earnings):
b: a single person who has been granted a living alone payment is 65% of the weekly amount of the veteran's pension (before any abatement under section 74D
c: a single person who has not been granted a living alone payment is 60% of the weekly amount of the veteran's pension (before any abatement under section 74D
4: Every Order in Council made under subsection (2) clause 2(b) of Schedule 11 section 74D clause 1 of that schedule
5: An adjustment under this section must not reduce the weekly amounts payable under this section.
6: Section 61H(3) to (6) of the Social Security Act 1964 subsection (2)
7: Every Order in Council made under subsection (2) 1990 No 26 s 13A
74D: Abatement
1: This section applies to any person in receipt of a veteran's pension who has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: Income Test 3 does not apply to any person to whom this section applies.
3: If a person to whom this section applies receives a veteran's pension at a rate specified in clause 1 of Schedule 11
a: 30 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $80 per week, but not in excess of $180 per week; and
b: 70 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $180 per week.
4: If a person to whom this section applies receives a veteran's pension at a rate specified in clause 2 of Schedule 11
a: 30 cents for every $1 of the combined income derived by the person and the person's spouse in excess of $80 per week, but not in excess of $180 per week; and
b: 70 cents for every $1 of the combined income derived by the person and the person's spouse in excess of $180 per week. Payment overseas of veterans' pensions
74E: Effect of absence from New Zealand on veteran's pension
A person is not entitled to a veteran's pension while that person is absent from New Zealand, except as provided in sections 74F to 74M or section 74T section 19 of the Social Welfare (Transitional Provisions) Act 1990 1990 No 26 s 17A(1)
74F: First 26 weeks of certain temporary absences
A veteran's pension that would otherwise be payable to a person is payable in respect of the first 26 weeks of any absence from New Zealand if—
a: the person's absence does not exceed 30 weeks; or
b: the person's absence exceeds 30 weeks and the Secretary is satisfied that the absence beyond 30 weeks is due to circumstances beyond that person's control that he or she could not reasonably have foreseen before departure. 1990 No 26 s 17A(2)
74G: Absences up to 2 years for medical treatment
The Secretary may, in the Secretary's discretion, pay a veteran's pension to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because that person or his or her spouse, dependent child, or sibling is receiving medical treatment overseas for which the Ministry of Health is granting assistance. 1990 No 26 s 17A(3)
74H: Absences up to 52 weeks with aid agencies
1: The Secretary may pay a veteran's pension to any person who-
a: is otherwise entitled to receive it; and
b: is absent from New Zealand for a period not exceeding 52 weeks; and
c: is engaged, while absent from New Zealand, in fulltime voluntary and unpaid humanitarian work for a recognised aid agency that-
i: has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and
ii: has not deprived another person of paid employment to engage the person to do that work on an unpaid basis.
2: The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether an aid agency fulfils the qualifications set out in subsection (1) 1990 No 26 s 17A(3A), (3B)
74I: Date absence commences
If a person who is absent from New Zealand would have become entitled to a veteran's pension during his or her absence but for section 74E 1990 No 26 s 17A(4)
74J: Payment overseas of veteran's pension
1: A person who is entitled to receive a veteran's pension and who leaves New Zealand to reside in a country with which New Zealand has no agreement relating to the portability of veterans' pensions is entitled, while residing in that country, to be paid 50% of the gross rate of veteran's pension (excluding any living alone payment) that he or she would be entitled to receive if he or she resided in New Zealand.
2: However, if a married person whose spouse is not entitled to receive a veteran's pension has made, or is entitled to make, an election under section 74(2) clause 1(c) of Schedule 11
3: The amount of the gross rate must, before the 50% calculation is made, be abated under section 74D
4: A person is not entitled to receive payment overseas under this section unless,-
a: on the date of application for the payment, he or she is ordinarily resident and present in New Zealand and is, on that date, entitled to receive a veteran's pension or will be so entitled before leaving New Zealand; and
b: the applicant intends to reside for more than 26 weeks in the overseas country to which the application relates, being a country with which New Zealand has no agreement relating to the portability of veterans' pensions.
5: Subsection (1) sections 74(a) and 77 of the Social Security Act 1964 sections 74K to 74S 1990 No 26 s 17(1), (2)
74K: Applications after leaving New Zealand
1: This section applies if a person did not make an application for payment under section 74J
2: The Secretary may accept an application for payment in accordance with section 74J
3: If the Secretary has accepted an application under subsection (2) sections 74F to 74I 1990 No 26 s 17(3), (5)
74L: Date of commencement of payment overseas
1: The date of commencement of payment overseas of a veteran's pension under section 74J
2: However, in the case of an application under section 74K 1990 No 26 s 17(4)
74M: Relationship with other benefit provisions
1: If a veteran's pension is payable overseas in accordance with section 74J section 70 of the Social Security Act 1964
2: The amount of the reduced gross rate must, before the 50% calculation is made, be abated under section 74D
3: A person who is receiving a veteran's pension overseas under section 74J Social Security Act 1964 section 124(1)(d) of that Act
4: Despite the provisions of section 80 of the Social Security Act 1964 section 74J
5: Except as otherwise provided in this section, the provisions of the Social Security Act 1964 sections 75, 75A, and 76 section 74J 1990 No 26 s 17(6)-(9)
74N: Specified Pacific country
1: In sections 74O to 74S
a: that is listed in Schedule 13
b: that is not a country with which New Zealand has a reciprocal agreement in force under section 19 of the Social Welfare (Transitional Provisions) Act 1990
2: The Governor-General may, by Order in Council, amend Schedule 13
a: adding the name of any Pacific country or territory; or
b: omitting the former name of a country or territory and substituting its new name.
3: The Order in Council must state the date on which it takes effect, which may be a date before the date on which it is made.
4: The Order in Council applies to payments of the veteran's pension under section 74O
5: Section 61H(3) to (6) of the Social Security Act 1964 subsection (2)(a) 1990 No 26 s 17B
74O: Entitlement to be paid veteran's pension in specified Pacific country
1: A person entitled to receive a veteran's pension is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 74P subsection (2) or subsection (3)
2: This subsection applies to a person-
a: who intends to leave New Zealand to reside for more than 52 weeks in a specified Pacific country; and
b: who is resident and present in New Zealand on the date of his or her application to be paid a veteran's pension in a specified Pacific country; and
c: who-
i: is entitled to receive a veteran's pension on the date of the application; or
ii: will be entitled to receive a veteran's pension before leaving New Zealand; and
d: who is resident in a specified Pacific country when each payment of the veteran's pension is due to be made to him or her.
3: This subsection applies to a person-
a: who was, immediately before this section came into force, being paid a veteran's pension while resident in a specified Pacific country under section 17BA of the Social Welfare (Transitional Provisions) Act 1990
b: who is resident in a specified Pacific country when each payment of the veteran's pension is due to be made to him or her. 1990 No 26 s 17BA
74P: Rates of payment of veteran's pension payable to people resident in specified Pacific countries
1: The rate of veteran's pension payable under section 74O
a: in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate:
b: in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turning 20 years, an amount calculated using the following formula: a × b 20 where—
a: is the base rate
b: is the whole number of years the person has resided in New Zealand since turning 20 years:
c: in the case of a person who is resident in a specified Pacific country and was, immediately before this section came into force, being paid a veteran's pension under section 17BA of the Social Welfare (Transitional Provisions) Act 1990
i: the amount he or she was being paid immediately before that date (subject to abatement under section 74D
ii: the appropriate amount payable under paragraph (a) or paragraph (b)
2: For the purposes of this section, the base rate is,-
a: in the case of a single person, the amount stated in clause (1)(b) of Schedule 11 section 74D
b: in the case of a married person, the amount stated in clause (1)(c) of that schedule section 74D
3: However, if section 70 of the Social Security Act 1964 1990 No 26 s 17C
74Q: Commencement and termination of payments
1: The commencement date of payment of a benefit paid under section 74O
a: in the case of a person to whom section 74O(2)
b: in the case of a person to whom section 74O(3)
2: When a person being paid a benefit under section 74O 1990 No 26 s 17D
74R: Effect on other benefits
A person being paid a benefit under section 74O
a: any supplementary or special benefit, lump sum payment, payment under a welfare programme approved under section 124(1)(d) of the Social Security Act 1964
b: a living alone payment under section 74U 1990 No 26 s 17E
74S: Application of this Act and
Social Security Act 1964
1: Sections 74E to 74M section 74O
2: The Social Security Act 1964 sections 74(a), 75, 75A, 76, 77, and 80 section 74O 1990 No 26 s 17F
74T: Certain former economic pensioners may be paid up to the full rate of veteran's pension overseas
Despite sections 74(a) and 77 of the Social Security Act 1964 sections 74J to 74M of this Act 1990 No 26 s 18
74U: Living alone payments
1: Any unmarried person who receives a veteran's pension and who is living alone in his or her principal place of residence is entitled to receive a living alone payment.
2: The living alone payment is included in the appropriate rate specified in clause 1(a) of Schedule 11
3: A person is considered to be living alone only if he or she-
a: occupies a principal place of residence that is referred to in subsection (4)
b: does not share that residence or household expenses (including accommodation expenses) with any person of, or over the age of, 18 years, other than-
i: a dependent child of or over that age; or
ii: a temporary visitor who stays less than 13 weeks in any period of 26 weeks.
4: The principal places of residence are-
a: a house or flat; or
b: a boat or craft moored within-
i: the territorial sea of New Zealand or any internal waters of New Zealand, whether or not it is from time to time travelling within that sea or any of those waters; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters, whether or not it is from time to time travelling within any of those waters; or
c: a hotel room, motel unit, room in a licensed boarding-house, or unit of accommodation in a caravan park.
5: In this section, territorial sea of New Zealand and internal waters have the same meanings as in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 1990 No 26 s 18A
74V: Commencement of living alone payments
1: Every living alone payment commences on the later of-
a: the date on which the applicant becomes entitled to receive it; or
b: the date on which the application is received.
2: However, if an application for a living alone payment is made as a result of the death of the spouse of the applicant, the living alone payment commences on-
a: the date on which the applicant becomes entitled to receive it if the application is received within 28 days after the date of entitlement; or
b: the date on which the application is received if it is received 28 days or more after the date of entitlement. 1990 No 26 s 18B
74W: Transitional provision for existing veteran's pension entitlements
Every person who, immediately before the commencement of this Part, was entitled to receive a veteran's pension, with or without a living alone payment, under the Social Welfare (Transitional Provisions) Act 1990
9: Rates of pensions and allowances may be increased by Order in Council
1: The heading to section 75C pensions , lump sum payments,
2: Section 75C(1) paragraph (a)
ab: clause 2(a) of Schedule 11 Schedule 12
3: Section 75C(2) apply to pensions , lump sum payments,
4: Section 75C subsection (2)
2A: The Order in Council must, for lump sum payments on death, state that it applies in respect of persons who die on or after the date that is specified in the Order in Council.
10: Death of claimant for pension
Section 83 sections 74 and 85 section 85
11: New Schedules 11 to 13 inserted
The principal Act is amended by adding Schedules 11 to 13 Schedule 1
2: Miscellaneous provisions
12: Consequential amendments
1: The Acts set out in Schedule 2
2: The regulations specified in Schedule 3
13: Consequential repeals
The Acts specified in Schedule 4


1: Title
This Act is the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003; and may also be cited as either—
a: the National Library of New Zealand Act 2003; or
b: Te Puna Mātauranga o Aotearoa Act 2003.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to provide for the preservation, protection, development, and accessibility, as appropriate, for all the people of New Zealand, of the collections of the National Library (which includes the Alexander Turnbull Library) in a manner consistent with their status as documentary heritage and taonga and, to this end, to—
a: maintain and enhance the National Library; and
b: maintain and enhance the Alexander Turnbull Library, as part of the National Library; and
c: continue the mutually supportive roles of the National Librarian and the Chief Librarian; and
d: establish an unincorporated body called the Guardians Kaitiaki of the Alexander Turnbull Library for the purpose, among other things, of providing assurance to the people of New Zealand that the collections of the Alexander Turnbull Library are held in perpetuity; and
e: establish an unincorporated body called the Library and Information Advisory Commission Ngā Kaiwhakamārama i ngā Kohikohinga Kōrero for the purpose of providing advice to the Minister on library and information issues, including mātauranga Māori; and
f: dissolve the incorporated body called the Trustees of the National Library, which was established by the National Library Act 1965
g: enable the Minister to notify requirements that copies of public documents be provided to the National Library, for the purposes of assisting in preserving New Zealand's documentary heritage; and
h: ensure that the power to require public documents referred to in paragraph (g) extends to Internet documents and authorises the National Librarian to copy such documents; and
i: provide for other related matters. Section 3(c) substituted 1 February 2011 section 4 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
4: Interpretation
In this Act, unless the context otherwise requires,— Alexander Turnbull Library section 11 chief executive Chief Librarian section 13 Commission section 22 department document
a: any writing on any material; and
b: information recorded or stored by means of any recording device, computer, or other electronic device, or any other device, and material subsequently derived from information so recorded or stored; and
c: a book, manuscript, newspaper, periodical, pamphlet, magazine, sheet of letterpress, sheet of music, map, plan, chart, painting, picture, etching, print, table, graph, or drawing; and
d: a photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of equipment) of being reproduced; and
e: a second or subsequent edition of any of the above electronic Guardians section 16 information Minister National Librarian section 8 National Library section 6 year Section 4 chief executive inserted 1 February 2011 section 5(3) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 4 department inserted 1 February 2011 section 5(3) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 4 Minister substituted 1 February 2011 section 5(1) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 4 National Library amended 1 February 2011 section 5(2) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
5: Act binds the Crown
This Act binds the Crown.
2: National Library of New Zealand Te Puna Mātauranga o Aotearoa including Alexander Turnbull Library
1: National Library and National Librarian
National Library
6: Continuation of National Library
1: There is a National Library of New Zealand Te Puna Mātauranga o Aotearoa.
2: This is the same library as that established by section 3 of the National Library Act 1965
3: The Alexander Turnbull Library forms part of the National Library.
7: Purpose of National Library
The purpose of the National Library is to enrich the cultural and economic life of New Zealand and its interchanges with other nations by, as appropriate,—
a: collecting, preserving, and protecting documents, particularly those relating to New Zealand, and making them accessible for all the people of New Zealand, in a manner consistent with their status as documentary heritage and taonga; and
b: supplementing and furthering the work of other libraries in New Zealand; and
c: working collaboratively with other institutions having similar purposes, including those forming part of the international library community.
8: National Librarian
1: There is an office of National Librarian.
2: The National Librarian is the person for the time being appointed to that office by the chief executive under the State Sector Act 1988
3: Section 8(2) substituted 1 February 2011 section 6 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 8(3) repealed 1 February 2011 section 6 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
9: Functions and powers of National Librarian
1AA: The National Librarian has all the powers necessary to perform and carry out the functions and duties imposed on the National Librarian by or under this Act.
1: The functions of the National Librarian, in achieving the purpose of the National Library, are—
a: to develop and maintain national collections of documents, including a comprehensive collection of documents relating to New Zealand and the people of New Zealand; and
b: to make the collections and resources of the National Library accessible in a manner and subject to conditions that the Minister determines, in order to provide for the most advantageous use of those collections and resources; and
c: to provide other services, including access to information resources, and bibliographical and school services, as the Minister thinks fit; and
d: to promote co-operation in library matters with authorities and other persons in New Zealand and elsewhere; and
e: to advise and assist the Minister in matters relating to library and information issues; and
f: other functions prescribed by regulations made under this Act.
2: The National Librarian must take reasonable steps to—
a: make the documents in the National Library available to institutions and other persons, subject to any regulations made under this Act and to any conditions the Minister may determine; and
b:
c: provide assistance in the development of libraries to institutions and persons in New Zealand, subject to any regulations made under this Act and to any conditions the Minister may determine.
3: The National Librarian must not transfer the custody or use of any documents held by the National Library to any authority or other person, or remove any documents from the collections, without the approval of the Minister.
4: Subsection (3)—
a: does not limit the Public Records Act 2005
b: applies subject to section 11(2) Section 9(1AA) inserted 1 February 2011 section 7(1) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 9(2)(b) repealed 1 February 2011 section 7(2) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 9(3) substituted 1 February 2011 section 7(3) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 9(4)(a) amended 21 April 2005 section 67(1) Public Records Act 2005
9A: Delegations by National Librarian
1: The National Librarian may, either generally or particularly, delegate to an employee in the department all or any of the National Librarian's functions, duties, or powers under this Act except the power to delegate.
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions the National Librarian thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the National Librarian.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: This section is subject to the limitations specified in sections 13(3) 14 Section 9A inserted 1 February 2011 section 8 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Oral histories
10: Provision of oral histories to National Library
1: In this section,— oral history person State services
2: If an oral history has been provided to the National Library by a person on conditions (for example, conditions relating to access to the information) that have been agreed to in writing by, or on behalf of, the National Librarian, the Crown and its agents (including the National Librarian) must comply with those conditions.
3: This section—
a: applies whether or not the oral history was created or acquired by, or on behalf of, the Crown; and
b: does not limit the Public Records Act 2005 Section 10(3)(b) amended 21 April 2005 section 67(1) Public Records Act 2005
2: Alexander Turnbull Library
11: Continuation of Alexander Turnbull Library
1: There is the library known as the Alexander Turnbull Library, consisting of—
a: the documents bequeathed to the Crown in 1918 by Alexander Horsburgh Turnbull of Wellington by the second codicil to his will set out in Schedule 1
b: bequests, donations, and other additions to, and acquisitions for the purposes of the Alexander Turnbull Library.
2: The Crown must continue to own the collections of the Alexander Turnbull Library in perpetuity.
2A: The chief executive, in consultation with the National Librarian, must provide—
a: separate and suitable accommodation in a national library building for the collections of the Alexander Turnbull Library; and
b: for the development of the research collections and the services of the Alexander Turnbull Library, particularly in the fields of New Zealand and Pacific studies and rare books.
3: Except to the extent provided by section 15
4: Subsection (2) does not limit section 26 Section 11(2A) inserted 1 February 2011 section 9 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 11(4) substituted 21 April 2005 section 67(1) Public Records Act 2005
12: Purposes of Alexander Turnbull Library
The purposes of the Alexander Turnbull Library are—
a: to preserve, protect, develop, and make accessible for all the people of New Zealand the collections of that library in perpetuity and in a manner consistent with their status as documentary heritage and taonga; and
b: to develop the research collections and the services of the Alexander Turnbull Library, particularly in the fields of New Zealand and Pacific studies and rare books; and
c: to develop and maintain a comprehensive collection of documents relating to New Zealand and the people of New Zealand.
13: Chief Librarian of Alexander Turnbull Library
1: There is an office of Chief Librarian of the Alexander Turnbull Library.
2: The Chief Librarian is the person for the time being appointed to that office by the chief executive, on the recommendation of the National Librarian, State Sector Act 1988
3: The Chief Librarian must not, at the same time, hold—
a: the position of National Librarian; or
b: any other position in the department the chief executive, in consultation with the National Librarian, in accordance with section 9A
4: The person holding office as Chief Librarian immediately before the commencement of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 13(2) amended 1 February 2011 section 10(1) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 13(3)(b) amended 1 February 2011 section 10(2)(a) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 13(3)(b) amended 1 February 2011 section 10(2)(b) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 13(3)(b) amended 1 February 2011 section 10(2)(c) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 13(4) substituted 1 February 2011 section 10(3) National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
14: Functions, duties, and powers of Chief Librarian
The Chief Librarian must perform any functions or duties, and exercise any powers, delegated to him or her under section 9A Section 14 substituted 1 February 2011 section 11 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
15: Documents may be made available for public exhibition
1: The Chief Librarian may, to the extent that the power is delegated in accordance with section 9A
2: In determining whether to exercise the power under subsection (1), the Chief Librarian must have regard to the following matters:
a: the purposes of the Alexander Turnbull Library; and
b: the interests of readers visiting the Alexander Turnbull Library; and
c: the physical condition and rarity of the document; and
d: the physical environment in which the document will be exhibited; and
e: any risks to which the document is likely to be exposed while in transit to, or in the custody of, the person or authority responsible for the exhibition of the document; and
f: terms and conditions imposed by the National Librarian in a delegation made under section 9A Section 15(1) amended 1 February 2011 section 12 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 15(2)(f) amended 1 February 2011 section 12 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
3: Guardians of Alexander Turnbull Library
16: Guardians of Alexander Turnbull Library
1: There is an unincorporated body called the Guardians Kaitiaki of the Alexander Turnbull Library, consisting of not more than 5 persons.
2: The Guardians are to be appointed by the Minister, by notice in the Gazette
3: Before making an appointment under subsection (2), the Minister—
a: must consult with the Minister of Māori Affairs; and
b: may consult with such national organisations as he or she thinks fit.
4: A term of appointment of a person as a Guardian must not exceed 3 years, but a person may be reappointed as a Guardian so long as the total of all his or her terms does not exceed 6 years.
5: The Guardians must be persons who, in the opinion of the Minister, have special knowledge or qualifications that are relevant to the purpose and function of the Guardians.
17: Purpose of Guardians
The purpose of the Guardians is to provide assurance to the people of New Zealand that—
a: the collections of the Alexander Turnbull Library are held in perpetuity; and
b: those collections are—
i: provided with separate and suitable accommodation; and
ii: preserved, protected, developed, and made accessible for all the people of New Zealand in a manner consistent with their status as documentary heritage and taonga; and
c: the character of the services distinguishing the Alexander Turnbull Library as a research library is maintained.
18: Function of Guardians
1: The function of the Guardians is to advise the Minister on any of the following matters:
a: the capacity of the Alexander Turnbull Library to acquire documents to be used for the purposes of research, scholarship, or mātauranga Māori, or by other libraries and the people of New Zealand:
b: the provision of services to enable access and research using the collections of the Alexander Turnbull Library:
c: the appropriate and adequate protection of the collections of the Alexander Turnbull Library:
d: a decision made by the Chief Librarian under section 15
e: the means to maintain—
i: the identity and status of the collections of the Alexander Turnbull Library:
ii: the character of the services distinguishing that library as a research library:
f: the adequacy and suitability of the housing and preservation of the collections of the Alexander Turnbull Library:
g: other matters relating to the Alexander Turnbull Library.
2: The National Librarian and the Chief Librarian must use their best endeavours to provide to the Guardians the information that the Guardians reasonably require to perform their function.
19: Reports
1: The Chief Librarian must report to the National Librarian each year on his or her performance of the functions and exercise of the powers delegated in accordance with section 9A
2: The National Librarian must each year—
a: report to the Guardians on the performance of the functions and exercise of the powers delegated to the Chief Librarian in accordance with section 9A
b: attach to that report a copy of the latest report received by him or her from the Chief Librarian under subsection (1).
3: The Guardians must report to the Minister each year, which report must include—
a: a report on the performance of their function during the preceding year; and
b: the reports from the National Librarian and the Chief Librarian referred to in subsection (2).
4: The Minister must, as soon as practicable after receiving a report under subsection (3), present the report to the House of Representatives.
5: This section does not limit section 43 Section 19(1) amended 1 February 2011 section 13 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 19(2)(a) amended 1 February 2011 section 13 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 19(5) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
20: Fees and allowances
The Guardians are entitled to be paid, out of money appropriated by Parliament for the purpose,—
a: fees determined by the Minister in accordance with government policy; and
b: reimbursing allowances or actual and reasonable expenses incurred in undertaking the function of the Guardians.
21: Administration
1: The Guardians must meet at least 3 times in each year.
2: The department Section 21(2) amended 1 February 2011 section 14 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
3: Library and Information Advisory Commission and advisory bodies
22: Establishment of Commission
1: There is an unincorporated body called the Library and Information Advisory Commission Ngā Kaiwhakamārama i ngā Kohikohinga Kōrero.
2: The Commission consists of—
a: up to 6 members; and
b: the National Librarian, as an ex officio
3: The members of the Commission must be appointed by the Minister, by notice in the Gazette
4: A term of appointment of a person as a member of the Commission must not exceed 3 years, but a person may be reappointed as a member as long as the total of all his or her terms does not exceed 6 years.
5: The members of the Commission must be persons who, in the opinion of the Minister, have special knowledge or qualifications that are relevant to the purpose and functions of the Commission.
23: Purpose of Commission
The purpose of the Commission is to provide advice to the Minister on library and information issues, including mātauranga Māori.
24: Function of Commission
1: The function of the Commission is to advise and report to the Minister on—
a: library and information issues in New Zealand, including mātauranga Māori, and access to library and information services; and
b: the role of library and information services, including mātauranga Māori, in the cultural and economic life of New Zealand; and
c: any other matters requested by the Minister.
2: Before giving advice to the Minister, the Commission must, to the extent practicable, have regard to—
a: recent national and international developments in relation to library and information services; and
b: the appropriate means for promoting collaboration among persons and institutions (for example, museums, libraries, and archives) in relation to protecting, preserving, and promoting access to information, including documentary heritage and mātauranga Māori.
25: Advisory bodies
The Minister may establish 1 or more advisory bodies, in addition to the Commission, to advise him or her on matters relating to library and information issues.
26: Reports
The Commission, and any advisory body established under section 25
27: Fees and allowances
The members of the Commission, and the members of any advisory body established under section 25
a: fees determined by the Minister in accordance with government policy; and
b: reimbursing allowances or actual and reasonable expenses incurred in undertaking the functions of the Commission or advisory body, as the case may be.
28: Administration
The department section 25 Section 28 amended 1 February 2011 section 15 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
4: Provision of copies of public documents to National Library
29: Interpretation relating to this Part
1: In this Part, unless the context otherwise requires,— authorisation section 31(3) electronic document Internet document make a copy printer public document
a: of which 1 or more copies (whether or not there is any restriction on members of the public acquiring or accessing the document) are—
i: issued to the public; or
ii: available to the public upon request; or
iii: available to the public on the Internet; and
b: that is printed or produced by any other means in New Zealand, or is commissioned to be printed or otherwise produced outside New Zealand by a person who is resident in New Zealand or whose principal place of business is in New Zealand; and
c: in which copyright exists under the Copyright Act 1994 section 27(1)
d: does not include—
i: a public record within the meaning of section 4
ii: a reprint of a document whose content and form are identical to the content and form of a document already given to the National Librarian under this Act or any previous Act publication publisher
a: in relation to a printed public document, the publisher of that document; and
b: in relation to any other public document other than an Internet document, the person who produced in New Zealand, or commissioned the production outside New Zealand of, the copies of the document issued to, or available on request by, the public; and
c: in relation to an Internet document, the person who has control over the content of the website, or part of the website, on which the document is located requirement section 31(1)
a: an authorisation section 31(3)
b: an amendment section 31(4) restriction
a: means a physical, technical, or mechanical restriction such as a requirement to pay a fee or price, or to use a password or other requirement that prevents or restricts free public access to the document; but
b: does not mean any legal restriction recorded in or claimed for the public document.
2: For the avoidance of doubt, a public document that has been made available on the Internet is the document at a particular time and, if that document is changed in any respect, it becomes a different public document for the purposes of this Part. Section 29(1) authorisation amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(1) public document amended 21 April 2005 section 67(1) Public Records Act 2005 Section 29(1) requirement amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(1) requirement amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(1) requirement amended 28 October 2021 section 3 Secondary Legislation Act 2021
30: Purpose of this Part
The purpose of this Part is to assist in preserving New Zealand's documentary heritage so that it is available, subject to any applicable terms or conditions, for the benefit of New Zealanders.
31: Notice of requirement for public documents
1: The Minister may, by notice
a: the public document in printed form; and
b: if the document is an electronic document, the medium that contains the document.
2: The copies of the public document referred to in subsection (1) must be provided—
a: within 20 working days from the date of first publication of the document (or a longer period, if any, that is specified in the notice); and
b: on, or in accordance with, any terms and conditions as to format, public access, or other matters that are specified in the notice.
3: The Minister may, by notice
4: The Minister may
5: A requirement—
a: is secondary legislation ( see Part 3
b: commences in accordance with section 32 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32: Contents of requirement
1: A requirement must specify—
a: the date on which it comes into force, which, subject to subsection (2), must be at least 3 months after the date on which the notice is published under the Legislation Act 2019
b: whether it applies to all classes of public documents or only to a specified class or classes of public documents; and
c: in the case of a requirement section 31(1)
2: Despite subsection (1)(a), a requirement that relates to books to which section 30A of the National Library Act 1965 Section 32(1)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 32(1)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021
33: Publishers to assist National Librarian to store and use documents
1: If, at any time, the National Librarian makes a written request for assistance, a publisher of an electronic document to which a requirement relates must, at the publisher's own expense, provide reasonable assistance within 20 working days of receiving the request to enable the National Librarian to store and use an identical copy of the document.
2: A written request under subsection (1) may relate to—
a: 1 or more electronic documents; or
b: 1 or more classes of electronic documents.
34: Use of public documents in National Library
1: In this section, deposited document
2: For the purposes of carrying out his or her duties, the National Librarian and any employee, contractor, or agent of the chief executive may possess, copy, store in electronic form (whether offline or online), and use any copy of a deposited document.
3: The National Librarian may provide not more than 3 copies of a deposited document for use by members of the public (whether at the premises of the National Library or elsewhere) but, except as provided in subsection (4) or with the publisher's agreement, must not make the document available on the Internet.
4: If a deposited document is made publicly available on the Internet by the publisher without restriction on its access or use by members of the public, the National Librarian may make the document available for access and use by members of the public on the Internet (as well as in the manner permitted by subsection (3)).
5: Except as provided in subsections (2) to (4), the law relating to copyright applies to every deposited document. Section 34(2) substituted 1 February 2011 section 16 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010
35: Application of Legislation Act 2012 to requirements
Section 35 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
36: Consultation
1: Before the Minister publishes a requirement under section 31 section 31(2)(b) or (3)
2: Subsection (1) does not apply in respect of a requirement that relates to books to which section 30A of the National Library Act 1965 Section 36(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
37: Copies of document
Except as otherwise expressly provided in a requirement, copies of a public document given to the National Librarian in accordance with a requirement
a: identical copies of the document; and
b: of the same standard as the best copy of the document that has been published in New Zealand. Section 37 amended 28 October 2021 section 3 Secondary Legislation Act 2021
38: Exemption from requirement
1: A requirement may authorise the Minister to exempt, by notice
2: The Minister may, by notice
a: the requirement authorises the Minister to grant exemptions from it; and
b: a written application for the exemption has been made to the Minister; and
c: the Minister is satisfied that the criteria for exemptions set out in the requirements are met and that it is appropriate to grant the exemption in the circumstances.
3: An exemption may be granted on the terms and conditions that the Minister thinks fit.
4: An exemption takes effect on the date, and on the terms and conditions, specified in the notice.
5: If a requirement authorises the Minister to grant exemptions,—
a: an exemption granted under that authority is secondary legislation ( see Part 3
b: the requirement must contain a statement to that effect; and
c: the exemption takes effect in accordance with subsection (4), even if it is not yet published. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 38(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 38(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 38(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Obligations to comply with requirement
1: A publisher to whom a requirement applies must comply with that requirement.
2: A publisher to whom a requirement section 31(3)
3: If the name of the publisher does not appear on a printed public document and the printer of that document is resident in New Zealand or has its principal place of business in New Zealand,—
a: the printer is under the same duty to comply with a requirement as the publisher; and
b: if the printer complies with a requirement, the printer is entitled to recover the cost of doing so from the publisher. Section 39(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
40: Offence and penalty
A publisher or printer who, without reasonable excuse, fails to comply with section 39 Section 40 amended 1 July 2013 section 413 Criminal Procedure Act 2011
41: Savings
1: Despite section 46(1) section 30A of that Act
2: Subsection (1) applies in relation to a book whether the 30-day period referred to in section 30A of the National Library Act 1965
42: Transitional provision
Despite section 46(1)
a: its date of publication (as defined in section 30A of that Act
b: no requirement is in force in relation to the book.
43: National Librarian's other powers and rights not limited
This Part does not limit any power or right that the National Librarian has in relation to a public document, other than under this Part.
5: Dissolution of Trustees of National Library and miscellaneous provisions
Dissolution of Trustees of National Library
44: Dissolution of Trustees
1: The body known as the Trustees of the National Library established by section 8 of the National Library Act 1965 Trustees
2: Except as provided in subsection (3), all assets (including entitlements and rights) and liabilities of the Trustees vest in the Crown (acting through the National Library) on the commencement of this Act.
3: If—
a: the Trustees are appointed as an executor or trustee of a will or trust (whether before or after the dissolution of the Trustees), then, unless the will or trust deed concerned expressly provides otherwise, on and from the dissolution of the Trustees, the National Librarian (acting on behalf of the Crown) takes the place of the Trustees as executor or trustee of the will or trust; and
b: the Trustees are a beneficiary under a will or trust (whether executed or created before or after the dissolution of the Trustees), then, unless the will or trust deed concerned expressly provides otherwise, on and from the dissolution of the Trustees, the Crown (acting through the National Library) takes the place of the Trustees as beneficiary under the will or trust.
4: The National Librarian must, as soon as practicable after the commencement of this Act, provide to the Minister a report on the operations of the Trustees during the period from the end of the last year for which such a report has been provided to the Minister to the commencement of this Act.
5: The Minister must present a copy of the report referred to in subsection (4) to the House of Representatives in accordance with section 44A Regulations
45: Regulations
1: The Governor-General may, by Order in Council, make regulations providing for matters that are contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 45(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeal, revocations, and amendments
46: Repeal and revocations
1: The National Library Act 1965
2: The Alexander Turnbull Library Regulations 1966
47: Consequential and related amendments
The Acts specified in Schedule 2