1: Title
This Act is the Policing (Constable's Oaths Validation) Amendment Act 2009.
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 Policing Act 2008 2009-12-08 Policing Act 2008
4: New heading and section 115A inserted
The following heading and section are inserted after section 115 Validation of constable's oaths
115A: Validation of constable's oaths
A Police employee or judicial officer who has administered the constable's oath described in section 22(1) in the period that commenced on 1 October 2008 and ended with the close of 12 October 2009 is to be treated as having been authorised, throughout that period, by the Commissioner to administer the oath and as having administered the oath in accordance with section 22.


1: Title
This Act is the Corrections (Contract Management of Prisons) Amendment Act 2009.
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 Corrections Act 2004 2009-12-08 Corrections Act 2004
1: Amendments to allow contract management of prisons
4: Interpretation
Section 3(1) prison management contract section 198(1) .
5: New sections 198 to 199K substituted
Sections 198 199
198: Management of prisons under contract
1: The chief executive may from time to time, in the name and on behalf of the Crown, enter into a contract with any other person for the management, by that other person, of a corrections prison.
2: The chief executive must not, without the prior written consent of the Minister in each case,—
a: enter into a prison management contract; or
b: agree to an extension of the term of a prison management contract.
3: No prison may be managed by a person other than the Crown except under a prison management contract. 1954 No 51 s 4A
199: Requirements of prison management contracts
1: Every prison management contract must provide for—
a: objectives and performance standards for the contractor in relation to the management of the prison that are no lower than the standards applicable to prisons managed by the department; and
b: objectives and performance standards for the contractor in relation to the management and care of prisoners in the prison that are no lower than the standards applicable to prisoners in prisons managed by the department; and
c: the appointment or engagement by the contractor of—
i: a suitable person as manager of the prison, which appointment or engagement must be subject to approval by the chief executive; and
ii: sufficient suitable staff members to enable the contractor to carry out the contractor's statutory and contractual obligations in relation to the prison; and
d: the training to be provided, at the expense of the contractor, to staff members of the prison, which training must be—
i: to the standard appropriate for the particular position; and
ii: to a standard no lower than the standard of training received by staff members of prisons managed by the department; and
e: the co-ordination of services and processes of the prison with those of prisons managed by the department and by other contractors, including any co-ordination necessary for the operation of any systems established to implement the requirements of sections 47 and 48; and
f: the arranging and maintenance by the contractor of adequate insurance against the contractor's liability for any claims arising out of, or in connection with, the contract; and
g: the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the contractor or any staff member of the prison, of any power, duty, or function conferred or imposed by or under the contract, or by or under this Act or any regulations made under this Act; and
h: the provision by the contractor of programmes designed—
i: to ascertain and address the causes of prisoners' offending; and
ii: to assist the reintegration of prisoners into society; and
i: the respective obligations (including financial obligations) of the parties to the contract in relation to any voluntary organisations that undertake work in the prison; and
j: the management of the prison pending the resolution of any dispute between the chief executive and the contractor in relation to the prison; and
k: the termination of the contract for breach of contract; and
l: the obligations of the contractor, in the event of the termination or expiry of the contract, to co-operate with the chief executive and to comply with any instructions issued by the chief executive in order to ensure the orderly and efficient transfer of the management of the prison.
2: Every prison management contract must impose on the contractor, in relation to the management of the prison, a duty to comply with—
a: the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196, in so far as those requirements are applicable to contract prisons; and
b: the requirements of the New Zealand Bill of Rights Act 1990, as if the prison were a prison managed by the department; and
c: the requirements of the Public Records Act 2005, as if records relating to the prison and to prisoners in the prison were records created or received by the department; and
d: all relevant international obligations and standards; and
e: the requirements of sections 56(1) and (2) and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies), as if the contractor were the chief executive of a department within the meaning of that Act and as if those requirements applied, not only in respect of employees of a contractor, but in respect of all staff members of a contract prison.
3: A prison management contract may contain other provisions, as agreed between the chief executive and the contractor, that are not inconsistent with—
a: this Act; or
b: any regulations made under this Act; or
c: any instructions or guidelines issued by the chief executive under section 196 that are or will be applicable to the prison. 1954 No 51 s 4B
199A: Delegation of powers and functions of contractor
Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, those sections of that Act apply in relation to a contract prison as if—
a: the contractor were the chief executive of the department; and
b: each staff member of the prison were an employee of the department. 1954 No 51 s 3A
199B: Liability of contractor
1: The Crown is entitled to be indemnified by a contractor—
a: against any claim arising out of any act or omission of the contractor, or the contractor's employees or agents, for which the Crown is held liable (in whole or in part); and
b: for any act or omission of the contractor, or the contractor's employees or agents, that results in damage to, or loss of, any property of the Crown.
2: For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a contractor's employees or agents, neither the contractor nor the contractor's employees or agents are to be treated as agents of the Crown.
3: This section does not limit any other right to indemnification that may be provided in a prison management contract. 1954 No 51 s 4C
199C: Subcontractors
1: A contractor may subcontract any of its management responsibilities under a prison management contract only with the prior written approval of the chief executive and only to the extent permitted by an approval of that kind.
2: An approval granted by the chief executive under subsection (1) may be granted subject to any conditions that the chief executive thinks fit.
3: If, with the approval of the chief executive, any management responsibility of a contractor under a prison management contract is subcontracted to any person, the provisions of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196, in so far as those provisions relate to that management responsibility, apply to the subcontractor as if that subcontractor were the contractor. 1954 No 51 s 4E
199D: Reporting responsibilities
1: If there is any variation of the controlling interests in a contractor, that contractor must promptly give notice of that variation to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a).
2: The manager of a contract prison must, at any intervals (not exceeding 4 months) that are determined by the chief executive, arrange for written reports on the following matters to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a):
a: the training provided to staff members of the prison (including the amount and quality of that training), and the level of training achieved by those staff members:
b: the number and nature of complaints made by prisoners at the prison, and how those complaints were resolved:
c: the number and nature of any incidents in the prison involving—
i: violence against any person; or
ii: self-inflicted injuries to prisoners of the prison:
d: the programmes provided for prisoners at the prison, and the extent of attendance at, and completion of, those programmes by prisoners:
e: the employment provided for prisoners by or at the prison:
f: the skills gained by prisoners as a result of employment or education provided by or at the prison:
g: the compliance, by staff members of the prison, with the requirements of sections 83, 84, 85, 87, and 88:
h: the exercise, by officers of the prison, of the powers conferred by sections 98 to 101:
i: the number and nature of—
i: any disciplinary proceedings taken against prisoners at the prison; and
ii: any disciplinary actions taken against staff members of the prison:
j: the reasons for, and outcomes of, disciplinary proceedings or disciplinary actions, including any penalties imposed:
k: the operation of random-testing programmes in the prison:
l: any matters relating to the financial management of the prison that the chief executive from time to time determines, which may include the provision of financial forecasts and audited accounts:
m: any other matters in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under this Act or any other enactment.
3: The manager of a contract prison must, promptly after the occurrence in that prison of any of the events specified in subsection (4), arrange for a written report on that occurrence to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a).
4: The events are—
a: any escape or attempted escape by a prisoner:
b: the death of a prisoner.
5: Nothing in subsections (1) to (4) limits any other duty to report that is imposed by or under any prison management contract or by or under any other provision of this Act or of any other enactment. 1954 No 51 s 4F
199E: Monitors
1: The chief executive—
a: must appoint, under the State Sector Act 1988, 1 monitor in respect of each contract prison; and
b: may appoint, under the State Sector Act 1988, 1 or more additional monitors in respect of a contract prison, to assist the monitor appointed under paragraph (a)
2: The chief executive may appoint, under the State Sector Act 1988, 1 or more monitors for particular purposes specified by the chief executive.
3: The monitor appointed under subsection (1)(a)
a: is responsible to the chief executive for the assessment and review of the management of that prison; and
b: must report to the chief executive, at any intervals (not exceeding 4 months) that are determined by the chief executive, and at any other time that the monitor considers appropriate, on—
i: the management of that prison; and
ii: whether or not the contractor responsible for the management of that prison is complying with that contractor's prison management contract and with the provisions of this Act, and any regulations made under this Act, and any instructions or guidelines issued by the chief executive under section 196 that are applicable to the prison.
4: A monitor appointed under subsection (1)(a)
5: A monitor appointed under subsection (2)
6: The office of monitor may be combined with any other office, appointment, or position if the chief executive is satisfied that the duties of that other office, appointment, or position are not incompatible with the duties of a monitor.
7: The chief executive must ensure a regular change of the monitor or monitors appointed under subsection (1) 1954 No 51 s 4G
199F: Accommodation and access
1: Every contractor must ensure that there is available in the contract prison managed by that contractor suitable office accommodation for use by the monitor or monitors appointed under section 199E(1)
2: Every contractor must ensure that any monitor has free and unfettered access at all times to—
a: every part of the contract prison managed by that contractor; and
b: all prisoners in that prison; and
c: all persons who work in that prison, but only when they are actually in the prison; and
d: all records held by the contractor that relate to—
i: that prison; or
ii: any prisoner or former prisoner; or
iii: any staff member or former staff member of that prison.
3: Despite subsection (2), a monitor must not be given access to the medical records of any person unless that person consents to that access. 1954 No 51 s 4H
199G: Monitors to report on certain matters
1: Without limiting section 199E(3)
a: determinations made under Part 1 of the Parole Act 2002 of—
i: the start date, expiry date, non-parole period, and release date of sentences; and
ii: the parole eligibility date and statutory release date of offenders:
b: calculations made under Part 1 of the Parole Act 2002 of how much time an offender has served under a sentence of imprisonment, including records and determinations of how much time an offender has spent in pre-sentence detention:
c: reports made by the manager of the prison for the purposes of section 43(1) of the Parole Act 2002:
d: in respect of sections 57 to 61 of this Act,—
i: compliance by officers of that prison with the requirements of those sections; and
ii: if any function, duty, or power of the chief executive under those sections has been delegated to any officer or officers of that prison, the performance of that function or duty, or the exercise of that power:
e: work undertaken by prisoners at the direction of the prison manager under section 66:
f: decisions made by the prison manager (whether or not under delegated authority) under—
i: sections 53 and 54 (which relate to the transfer of prisoners); and
ii: sections 62 to 64 (which relate to the temporary release from custody of prisoners and the temporary removal of prisoners from prison):
g: decisions of officers of the prison to apply, under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, for an assessment of a prisoner:
h: the procedures in place to assess—
i: the suitability of persons for appointment or engagement under section 11(2) and (4) in the prison; and
ii: the ongoing suitability of persons so appointed or engaged:
i: the matters in respect of which the monitor is entitled to receive a report under section 199D(2) or (3).
2: Without limiting section 199E(3), a monitor appointed in respect of a contract prison under section 199E(1)(a) may, at the request of the chief executive or on the monitor's own initiative, investigate any matter relating to that prison, or any prisoner in that prison, and report to the chief executive the results of that examination.
3: A monitor appointed in respect of a contract prison under section 199E(1)(b) section 199E(1)(a)
4: A monitor appointed for a particular purpose under section 199E(2) 1954 No 51 s 4I
199H: Control of contract prison in emergency
1: This section applies if the chief executive believes, on reasonable grounds,—
a: that either—
i: there exists in respect of any contract prison an emergency affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; or
ii: there is an imminent threat of such an emergency; and
b: that the contractor responsible for the management of that prison is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the chief executive.
2: If this section applies, the chief executive may take over the management of the contract prison from the contractor for any period that the chief executive considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the chief executive—
a: has and may exercise and perform, in respect of the prison, all the powers, functions, and duties that would otherwise be exercisable or performed by the contractor:
b: has all other powers that are necessary or desirable.
3: If the chief executive takes over the management of a contract prison under this section, the chief executive must immediately give written notice to the contractor of that action, and of the reasons for that action.
4: Without limiting any other remedy available to the chief executive (whether under the prison management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circumstances,—
a: the chief executive is entitled to be reimbursed by the contractor for any costs and expenses incurred in taking that action; and
b: those costs and expenses are recoverable as a debt due to the Crown.
5: This section applies despite anything in any prison management contract, and nothing in this section limits or affects—
a: any other right or remedy available to the chief executive or the Crown, whether under any prison management contract or otherwise; or
b: any liability of the contractor under the prison management contract or otherwise.
6: Neither the chief executive, nor the Crown, nor any other person acting by or under the authority of the chief executive is under any civil or criminal liability for anything the chief executive or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this section, unless it is shown that the chief executive or that other person acted, or failed to act, in bad faith. 1954 No 51 s 4J
199I: Prison management contracts to be presented to House of Representatives
1: Within 12 sitting days after a prison management contract is entered into, the Minister must present a copy of that contract to the House of Representatives.
2: Within 12 sitting days after a prison management contract is varied or renewed, the Minister must present a copy of the terms of that variation or renewal to the House of Representatives. 1954 No 51 s 4L
199J: Release of prisoner information to and by contract prisons
1: For the purposes of enabling the chief executive or any staff member of the department to exercise or perform any of his or her powers, duties, or functions, the chief executive or any staff member of the department may access any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by a contract prison and that relates to that contract prison or to any prisoner.
2: For the purposes of enabling any staff member of a contract prison to exercise or perform any of his or her powers, duties, or functions, any staff member of a contract prison may have access to any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by the department and that relates to any prisoner.
3: If the department is authorised by any enactment to access or to disclose information relating to any prisoner,—
a: a staff member of a contract prison is authorised to access or disclose that information as if the contract prison were a part of the department; and
b: the chief executive may require the contractor to access or disclose that information. 1954 No 51 s 41G
199K: Transferring staff who are contributors to Government Superannuation Fund
1: This subsection applies to any person who—
a: is employed by a contractor to work in a contract prison; and
b: immediately before that employment was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956.
2: A person to whom subsection (1) applies is deemed to continue to be employed in the Government service, for the purposes of the Government Superannuation Fund Act 1956, for so long as that person continues to work in a contract prison.
3: The provisions of the Government Superannuation Fund Act 1956 apply to a person described in subsections (1) and (2)
4: This subsection applies to any person who—
a: is employed by a contractor to work in a contract prison; and
b: immediately before that employment was a contributor to the Government Superannuation Fund under Part 6B of the Government Superannuation Fund Act 1956.
5: A person to whom subsection (4) applies is deemed to continue to be a member of the Prisons Service, for the purposes of the Government Superannuation Fund Act 1956, for so long as that person continues to work in a contract prison.
6: The provisions of the Government Superannuation Fund Act 1956 apply to a person described in subsections (4) and (5)
7: Subject to the Government Superannuation Fund Act 1956, nothing in subsections (1) to (6)
8: For the purposes of applying the Government Superannuation Fund Act 1956 to a person who is a contributor to the Government Superannuation Fund, and who is in the service of a contractor, the term controlling authority
6: Sections 209 to 220 and heading above section 209 repealed
Sections 209 to 220 section 209
2: Transitional provision and consequential amendments
7: Transitional matters
1: Any transfer of the management of a prison between the department and a contractor does not affect the completion of a matter or thing that relates, or the bringing or completion of proceedings that relate, to an existing right, interest, title, immunity, or duty.
2: Despite subsection (1), the contractor and the chief executive, in the name and on behalf of the Crown, may make any arrangements that they consider necessary or desirable to determine the respective liabilities of the Crown and the contractor in relation to any matter referred to in subsection (1).
8: Consequential amendments
1: The principal Act Part 1
2: The enactments specified in Part 2 2009-12-08 Corrections Regulations 2005 District Courts Act 1947 Juries Act 1981


1: Title
This Act is the Corrections (Use of Court Cells) Amendment Act 2009.
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 Corrections Act 2004 2009-12-08 Corrections Act 2004
4: Establishment of prisons
Section 32
2A: Nothing in section 9 of the Resource Management Act 1991 applies to the detention of prisoners in a court cell block that is declared by notice in the Gazette
5: Consequential amendment to Resource Management Act 1991
1: This section consequentially amends the Resource Management Act 1991
2: Section 4
3A: Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette 2009-12-08 Resource Management Act 1991


Customs and Excise Amendment Act 2009

1: Title
This Act is the Customs and Excise Amendment Act 2009.
2: Commencement
1: Section 12
2: Sections 10 11 Part 3 Schedule 2
3: 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 Customs and Excise Act 1996 2010-10-01 Customs and Excise Act 1996 s 12 2010-01-01 Customs and Excise Act 1996 ss 10, 11, part 3 of sch. 1, sch 2 2009-12-08 Customs and Excise Act 1996 Use of future technology
4: Interpretation
1: Paragraph (a) of the definition of Customs-approved secure exports scheme section 2(1) seal or markings seal, marking, substance, or device
2: The definition of Customs seal section 2(1)
a: inserting , marking, substance, or device a seal
b: omitting application use in relation
c: omitting section 53A)— section 53A), to fulfil either or both of the following purposes:
d: omitting ; and :
3: The principal Act is consequentially amended in the manner specified in Part 1 Authorised persons
5: Authorised persons
1: Section 6
4: A person who is authorised under this section must for the purposes of the provisions of this Act (other than section 2, this subsection, and sections 7, 38P, and 175) be treated as a Customs officer when performing or exercising a function or power in accordance with that person's authorisation.
2: The principal Act is consequentially amended in the manner specified in Part 2 Exportation of goods, and revocation of permission to export
6: Entry of goods for export
1: Section 49(1)
b: before the prescribed deadline (if any) or any later deadline the chief executive may allow.
2: The Customs and Excise Regulations 1996 regulation 28
28: Deadline prescribed for entry of goods for export
The deadline before which an entry of goods to which section 49(1) of the Act applies must be made (unless the chief executive under section 49(1)(b) of the Act allows the entry to be made before a later deadline) is 48 hours before the goods are shipped for export. 2009-12-08 Customs and Excise Regulations 1996
3: Section 49
6: Despite an entry being passed in accordance with subsection (5), the chief executive may revoke the goods' permission to export if the chief executive has reasonable cause to suspect the goods endanger, or threaten to endanger,—
a: border security; or
b: New Zealand's trade interests or international obligations; or
c: the life, health, or safety of a person or group of persons; or
d: the safety of the craft that will carry the goods, or of other goods to be carried on that craft.
4: Section 210(1)(a) subsection (1) or subsection (5) subsection (1), (5), or (6) Exemption for alcohol manufactured for personal use
7: New section 68B inserted
1: The following section is inserted after section 68A
68B: Exemption for alcohol manufactured for personal use
Section 68 does not apply to the manufacture of beer, wine, or spirits in an individual's private house or dwelling place, but only if and as long as the beer, wine, or spirits are manufactured exclusively for the individual's personal use and not for sale or other disposition to any other person.
2: Section 10 sections 12(4) and 68A sections 12(4), 68A, and 68B
3: Section 74(2)(c) or 68B
4: The Customs and Excise Regulations 1996 regulation 7 2009-12-08 Customs and Excise Regulations 1996 Excise duty on certain goods manufactured outside manufacturing area
8: New section 76 substituted
1: Section 76
76: Excise duty a Crown debt
1: Excise duty is a debt due to the Crown and is recoverable by action at the suit of the chief executive on behalf of the Crown,—
a: in relation to goods specified in Part A of the Excise and Excise-equivalent Duties Table that are manufactured in a manufacturing area, immediately on removal of the goods for home consumption in accordance with section 72:
b: in relation to goods specified in Part A of the Excise and Excise-equivalent Duties Table that are, except as provided in section 74(2), manufactured outside a manufacturing area, immediately on manufacture.
2: Excise duty owed under subsection (1)
a: the occupier of the place where the goods have been or are manufactured; and
b: every person who is or who becomes the owner of the goods before the excise duty has been fully paid.
3: The liability of the persons referred to in subsection (2)
4: For the purposes of this section, excise duty owed under subsection (1)
2: The heading to section 74 otherwise than in a manufacturing area outside manufacturing area Excise and Excise-equivalent Duties Table replaces Schedule 3
9: New sections 76A to 76B inserted
The following sections are inserted after section 76
76A: Interpretation
In this section and in sections 76B to 76G 2010 Excise and Excise-equivalent Duties Document section 76B(1) Excise and Excise-equivalent Duties Table
a: means the table of excise and excise-equivalent duties as set out in the 2010 Excise and Excise-equivalent Duties Document; but
b: if, and in so far as, the table specified in paragraph (a) paragraph (a) Working Excise and Excise-equivalent Duties Document
76B: Certification of 2010 Excise and Excise-equivalent Duties Document
1: The chief executive must, by the close of 31 December 2009,—
a: certify a copy of the Working Excise and Excise-equivalent Duties Document; and
b: retain that copy.
2: Before certifying a copy of the Working Excise and Excise-equivalent Duties Document under subsection (1)
a: as in force at the close of 31 December 2009; but
b: as amended by any order made under section 79 and that comes into force on 1 January 2010.
3: The chief executive must ensure that—
a: references in the certified copy to Schedule 1 of the Tariff Act 1988 are replaced with references to the Tariff (as defined in section 2(1) of the Tariff Act 1988); and
b: the certified copy indicates clearly that any information in it that is not the contents of Schedule 3 as described in paragraphs (a) and (b) of subsection (2)
10: New sections 76C to 76H inserted
The following sections are inserted after section 76B:
76C: Access to Excise and Excise-equivalent Duties Table
1: The chief executive must—
a: ensure that copies of the documents referred to in subsection (2)
b: ensure that copies of the documents referred to in subsection (2)
2: The documents are—
a: the Excise and Excise-equivalent Duties Table as from time to time amended, modified, or revoked and replaced on or after 1 January 2010; and
b: the 2010 Excise and Excise-equivalent Duties Document; and
c: Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77, 78, 79, or 79A on or after 1 January 2010.
3: Every version of the Excise and Excise-equivalent Duties Table referred to in subsection (2)(a) subsection (1)
a: indicate that it is that Table as in force at the beginning of a stated date; and
b: list all Acts and Orders in Council that are enacted on or after 1 January 2010 and before the stated date and that amend, modify, revoke, or revoke and replace some or all of that Table.
4: Nothing in section 76B
76D: Regulations (Disallowance) Act 1989 and Acts and Regulations Publication Act 1989
Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77, 78, 79, or 79A on or after 1 January 2010—
a: are regulations for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives not later than 16 sitting days after the day on which they are made; but
b: are not regulations for the purposes of the Acts and Regulations Publication Act 1989.
76E: Judicial notice of Table
Judicial notice must be taken by all courts and persons acting judicially of the Excise and Excise-equivalent Duties Table. 1989 No 142 ss 16A, 16B(1)
76F: Evidence of Table
Every copy of the documents referred to in section 76C(2)
a: to be a correct copy of the document; and
b: to have been so published or made available. 1989 No 142 s 16C
76G: Table may be amended, and must be interpreted, as if it were an enactment
1: The Excise and Excise-equivalent Duties Table may be amended, revoked, or revoked and replaced by an Act of Parliament as if it were an Act of Parliament.
2: The Excise and Excise-equivalent Duties Table may be altered or amended by an Order in Council made under section 77, 78, 79, or 79A as if it were a regulation.
3: The Interpretation Act 1999 applies to the Excise and Excise-equivalent Duties Table as if it were an enactment.
4: Nothing in this Act limits or affects the application of—
a: the Acts and Regulations Publication Act 1989 and the Interpretation Act 1999 to an Act amending, revoking, or revoking and replacing the Excise and Excise-equivalent Duties Table, this Act (either alone or with other enactments), or both; or
b: the Interpretation Act 1999 to an Order in Council made under section 77, 78, 79, or 79A.
76H: References to Schedule 3
Every reference in the following to Schedule 3 of this Act must be read as if it were a reference to the Excise and Excise-equivalent Duties Table (as defined by section 76A
a: an enactment not added, amended, inserted, or substituted by the Customs and Excise Amendment Act 2009 and in force at the commencement of this section:
b: a document in operation at that commencement.
11: Schedule 3 consequentially repealed
1: Schedule 3
2: Section 2(1) excise item number
a: means excise items that appear in the Excise and Excise-equivalent Duties Table and are identified by 6 digits and 1 alphabetical check letter; and
b: includes the heading to those excise items that appear in that Table and are identified in that way .
3: The principal Act is consequentially amended in the manner specified in Part 3
4: The enactments specified in Schedule 2 2010-01-01 Alcohol Advisory Council Act 1976 Energy (Fuels, Levies, and References) Act 1989 Injury Prevention, Rehabilitation, and Compensation Act 2001 Land Transport Management Act 2003 Local Government Act 1974 Climate Change (Liquid Fossil Fuels) Regulations 2008 Injury Prevention, Rehabilitation, and Compensation (Motor Vehicles Levies) Regulations 2009 Excise and excise-equivalent duties on motor spirits increased by 3 cents per litre on 1 October 2010
12: Excise and Excise-equivalent Duties Table amended
Each of the items relating to the following excise item numbers and Tariff item numbers in the Excise and Excise-equivalent Duties Table is amended by omitting 45.524¢ 48.524¢
a: 99.75.05F:
b: 99.75.23D:
c: 99.75.29C:
d: 99.75.37D:
e: 99.75.51K:
f: 99.75.59E:
g: 99.75.73L:
h: 99.75.81A:
i: 99.75.93E:
j: 2207.20.23 or 2207.20.35:
k: 2710.19.13 or 2710.19.25:
l: 2710.19.15 or 2710.19.27:
m: 2710.19.21 or 2710.19.39 (item relating to motor spirit with a Research Octane No. (RON) less than 95 (regular grade) which, if manufactured in New Zealand, would be classified within excise item number 99.75.05F or 99.75.23D):
n: 2710.19.21 or 2710.19.39 (item relating to motor spirit with a Research Octane No. (RON) 95 or greater (premium grade) which, if manufactured in New Zealand, would be classified within excise item number 99.75.29C or 99.75.37D):
o: 2710.19.64:
p: 2710.19.70:
q: 3824.90.87 or 3824.90.93:
r: 3824.90.97. Definition of financial year in section 79A(2)
13: Power to alter rates of excise duty and excise-equivalent duty on motor spirits by Order in Council
The definition of financial year in section 79A(2) determined for the entity by the Minister of Finance determined for the purposes of this section by the Minister of Finance and notified in the Gazette Amendment consequential on Land Transport Management Amendment Act 2008
14: Certain Orders in Council subject to confirmation
Section 80
4: The repeal of any Act of Parliament that expressly confirms pursuant to subsection (1A) any Orders in Council does not, unless there is any express provision to the contrary, affect the validity or confirmation of those Orders in Council. Due date for payment of duty
15: Due date for payment of duty
Section 90
1A: However, if the chief executive has reasonable cause to believe that a person will be unable to pay the duty by the due date required by subsection (1), the chief executive may, by notice in writing, require that person to pay the duty by an earlier date.
1B: A notice issued under subsection (1A)
1C: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under subsection (1A) Administrative penalties
16: Imposition of penalty
1: Section 128
1AA: In this Part, entry
a: every declaration, invoice, certificate, written statement, or other document required or authorised by or under this Act to be made or produced by a person making the entry; and
b: every amendment of the entry; and
c: in relation to any goods or class of goods deemed by regulations made under section 40(d) to have been entered under section 39(1), a document that, under those regulations, the chief executive requires to be lodged with the Customs before the goods or class of goods will be deemed to be entered; and
d: in relation to any goods or class of goods deemed by regulations made under section 50(b) to have been entered under section 49(1), a document that, under those regulations, the chief executive requires to be lodged with the Customs before the goods or class of goods will be deemed to be entered.
2: Section 128(1) pursuant to section 39 of this Act
3: Section 128(6) or exportation importation
4: Section 128(7) , in relation to an entry pursuant to section 39, materially incorrect
5: Section 128
7A: For the purposes of this section, materially incorrect
6: Section 128(10) and entered pursuant to section 39 subsection (1) of this section
7: Section 130(c) , exporter, importer Customs computerised entry processing systems
17: Cancellation of registration of registered user
1: The heading to section 135 Cancellation Suspension or cancellation
2: Section 135
1A: Despite subsection (1), the chief executive may by written notice to a registered user (which must state grounds for the suspension) suspend that user's registration until a date or event specified in the notice if satisfied that the user's registration should not be cancelled, but should instead be suspended until that date or event, because the user—
a: has failed to comply with a condition imposed by the chief executive under section 132(3) or 133(3); or
b: has failed to comply with a condition imposed by the chief executive under section 134A(1) within the time frame specified in that section.
1B: The date or event specified in the notice under subsection (1A)
3: Section 135(2) suspended or cancelled Searching vehicles
18: Searching vehicles
Section 144
5: Powers given by any other subsection of this section apply even if the vehicle need not be stopped because it is not moving, and whether or not it is attended, and include the power to use reasonable force, if necessary, to stop, detain, enter in or on, and search the vehicle (or for any of those purposes) as authorised by that other subsection. Arrest of suspected offenders
19: Arrest of offenders
1: The heading to section 174 suspected offenders
2: Section 174
1: A Customs officer who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against this Act punishable by imprisonment, or an offence against section 209, may, while that cause to suspect continues and before the end of the seventh day after the date on which it arose, arrest that person without warrant.
1A: A Customs officer who has reasonable cause to suspect that a person has carried some other person into New Zealand on a craft, and that the carriage of the other person into New Zealand on the craft constituted an offence against section 98C(1) (which makes it an offence to smuggle unauthorised migrants) of the Crimes Act 1961 may, while that cause to suspect continues and before the end of the seventh day after the date on which it arose, and on the craft or elsewhere, arrest the person without warrant.
2: A constable who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against section 176, 188A, 209, or 211 may, while that cause to suspect continues and before the end of the seventh day after the date on which it arose, arrest that person without warrant.
3: Section 168
3C: A Customs officer or constable who has reasonable cause to suspect that a person has by failing to comply with subsection (3A) or (3B) committed an offence against section 188A may under section 174(1) or (2) False allegation or report to Customs officer
20: New section 177A inserted
The following section is inserted after section 177
177A: False allegation or report to Customs officer
1: Every person commits an offence who,—
a: contrary to the fact and without a belief in the truth of the statement, makes or causes to be made to a Customs officer a written or verbal statement alleging that an offence has been committed; or
b: with the intention of causing wasteful deployment, or of diverting deployment, of the Customs personnel or resources, or being reckless as to that result,—
i: makes a statement to any person that gives rise to serious apprehension for the person's own safety or the safety of any person or property, knowing that the statement is false; or
ii: behaves in a manner that is likely to give rise to such apprehension, knowing that such apprehension would be groundless.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000. 1981 No 113 s 24 . Laying of information
21: New section 221 substituted
Section 221
221: Laying of information
1: Every information under the Summary Proceedings Act 1957 for any offence against this Act (other than one for an offence against section 216 of this Act) must be laid by—
a: the chief executive; or
b: any Customs officer nominated by the chief executive; or
c: any person who is not a Customs officer but is an agent or employee of the Customs nominated by the chief executive.
2: Any Customs officer or agent or employee of the Customs purporting to act pursuant to a nomination of the chief executive under subsection (1)(b) or (c)
3: An information under the Summary Proceedings Act 1957 for an offence against section 216 of this Act must be laid by the Registrar of a Customs Appeal Authority.
4: Any information for an offence against this Act may, despite anything to the contrary in the Summary Proceedings Act 1957, be laid at any time within 5 years after the date of the offence. 1966 No 19 ss 259, 260 . Automated electronic systems
22: New sections 274A to 274D inserted
The following sections are inserted before section 275
274A: Use of automated electronic systems by Customs to make decisions, exercise powers, comply with obligations, and take related actions
1: The chief executive may arrange for the use, under the chief executive's control, of automated electronic systems for any purposes for which the chief executive, the Customs, or a Customs officer may, or must, under the designated border processing law,—
a: make a decision; or
b: exercise a power, or comply with an obligation; or
c: do anything else related to making a decision, exercising a power, or complying with an obligation.
2: An arrangement under subsection (1)(a)
3: The chief executive must not under subsection (1)
a: the system has the capacity with reasonable reliability to make the decision, exercise the power, comply with the obligation, or take the related action; and
b: there are also available for the person affected 1 or more alternative ways of making the decision, exercising the power, complying with the obligation, or taking the related action, and each of those alternative ways involves a person.
4: Before concluding for the first time, varying significantly, or revoking and replacing an arrangement under subsection (1)
5: A decision made, power exercised, obligation complied with, or related action taken using an automated electronic system in accordance with an arrangement under subsection (1)
6: An automated electronic system used in accordance with an arrangement under subsection (1)
a: for making decisions, exercising powers, complying with obligations, or taking related actions under other enactments; and
b: in accordance with provisions of those other enactments on use of automated electronic systems.
7: For the purposes of this section and sections 274B and 274C designated border processing law
a: Part 3 (arrival and departure of goods, persons, and craft):
b: Part 12 (powers of Customs officers):
c: Parts 13 to 15 and 17 (offences, forfeiture and seizure, evidence, and miscellaneous provisions):
d: any other provisions of this Act (other than Part 3A) that are declared by regulations under section 286(1)(ii) to be for those purposes part of the designated border processing law. 1987 No 74 s 125AB(5); Australian Citizenship Act 2007 (Aust) s 48; Migration Act 1958 (Aust) s 495A
274B: Publication of details of arrangements for use of automated electronic systems
1: The chief executive must ensure that details of arrangements under section 274A(1)
a: in the Gazette
b: (so far as practicable) on an Internet site that is maintained by, or on behalf of, the chief executive, and that is publicly available free of charge.
2: Those details must include, for every arrangement under section 274A(1)
3: No arrangement, variation, revocation, or revocation and replacement is made invalid by reason only of a failure to publish details of it promptly in accordance with subsection (1)
274C: Variation and substitution of decisions made by automated electronic systems
1: This section applies to a decision—
a: that, under the designated border processing law, may or must be made by the chief executive, the Customs, or a Customs officer (as the case may be); and
b: that is made by an automated electronic system in accordance with an arrangement under section 274A(1)
2: The chief executive, the Customs, or a Customs officer (as the case may be) may, despite section 274A
a: vary or add to terms or conditions of, or imposed in or in relation to, the decision; or
b: substitute a decision (the substituted decision initial decision
3: The chief executive, the Customs, or the Customs officer (as the case may be) does not have a duty to consider whether to exercise all or any of the powers in subsection (2) Migration Act 1958 (Aust) s 495B
274D: Appeals and reviews unaffected
Sections 274A to 274C 2002 No 34 s 33; 2004 No 115 s 21(d); 2005 No 39 s 61(6) . Incorporation of provisions contained in, or prepared under, international trade agreements by reference in Customs and Excise Regulations
23: New sections 287A to 287F inserted
The following sections are inserted after section 287
287A: Incorporation of provisions by reference in regulations
1: Regulations made under this Act (for example, regulations made under section 65) may incorporate by reference any provisions set out in—
a: an international trade agreement to which New Zealand is a party (for example, a free trade agreement); or
b: another document made to give effect to such an agreement.
2: The provisions may be incorporated in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: The incorporated provisions—
a: are the provisions as they exist at the time that the regulations are made; and
b: form part of the regulations for all purposes and have legal effect accordingly.
287B: Effect of amendments to, or replacement of, provisions incorporated by reference
An amendment to, or replacement of, provisions incorporated under section 287A
287C: Proof of provisions incorporated by reference
1: A copy of the provisions incorporated under section 287A
a: certified as a correct copy of the provisions by the chief executive; and
b: retained by the chief executive.
2: The production in proceedings of a certified copy of the provisions is, in the absence of proof to the contrary, sufficient evidence of the incorporation in the regulations of the provisions.
287D: Access to provisions incorporated by reference
1: The chief executive must—
a: ensure that copies of any provisions incorporated under section 287A paragraph (d)
b: ensure that copies of the provisions are published on an Internet site that is, so far as practicable, publicly available free of charge; and
c: ensure that copies of the provisions are available for purchase at a reasonable price at places specified in a notice given under paragraph (d)
d: give notice in the Gazette
i: the provisions are incorporated in particular regulations and the date on which the regulations were made; and
ii: copies of the provisions are available (at all reasonable times) for inspection during working hours, free of charge, at specified places; and
iii: copies of the provisions are available on a specified Internet site; and
iv: copies of the provisions can be purchased at specified places.
2: A failure to comply with this section does not invalidate regulations that incorporate provisions under section 287A
287E: Acts and Regulations Publication Act 1989 not applicable to provisions incorporated by reference
The Acts and Regulations Publication Act 1989 does not apply to provisions incorporated under section 287A
287F: Application of Regulations (Disallowance) Act 1989 to provisions incorporated by reference
1: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires provisions incorporated under section 287A
2: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (1) section 287A Updating of terms relating to Police
24: References to members of Police replaced with references to constables
The principal Act is amended in the manner specified in Part 4


Tariff Amendment Act 2009

1: Title
This Act is the Tariff Amendment Act 2009.
2: Commencement
1: Sections 6(1) 8 9 Schedule
2: Sections 4 5
a: on the day after the date on which this Act receives the Royal assent if the Tariff (AANZFTA) Amendment Act 2009
b: if the Tariff (AANZFTA) Amendment Act 2009 is not in force on that day, then immediately after the commencement of that Act.
3: 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 Tariff Act 1988 2010-01-01 Tariff Act 1988 sections 4, 5, 6(1), 8, 9. Also note section 9(4) — separate history note for this but use same date (1 January 2010). 2009-12-08 Tariff Act 1988 sections 6(2) and 7 Incorporation of provisions contained in, or prepared under, international trade agreements by reference in Tariff Amendment Orders
4: New sections 7C to 7H inserted into Tariff Act 1988
The following sections are inserted after section 7B
7C: Incorporation of provisions by reference in regulations
1: An Order in Council made under section 9 or 10 may incorporate by reference any provisions set out in—
a: an international trade agreement to which New Zealand is a party (for example, a free trade agreement); or
b: another document made to give effect to such an agreement.
2: The provisions may be incorporated in the Order in Council—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: The incorporated provisions—
a: are the provisions as they exist at the time that the Order in Council is made; and
b: form part of the Order in Council for all purposes and have legal effect accordingly.
7D: Effect of amendments to, or replacement of, provisions incorporated by reference
An amendment to, or replacement of, provisions incorporated under section 7C
7E: Proof of provisions incorporated by reference
1: A copy of the provisions incorporated under section 7C
a: certified as a correct copy of the provisions by the chief executive; and
b: retained by the chief executive.
2: The production in proceedings of a certified copy of the provisions is, in the absence of proof to the contrary, sufficient evidence of the incorporation in the Order in Council of the provisions.
7F: Access to provisions incorporated by reference
1: The chief executive must—
a: ensure that copies of any provisions incorporated under section 7C paragraph (d)
b: ensure that copies of the provisions are published on an Internet site that is, so far as practicable, publicly available free of charge; and
c: ensure that copies of the provisions are available for purchase at a reasonable price at places specified in a notice given under paragraph (d)
d: give notice in the Gazette
i: the provisions are incorporated in a particular Order in Council and the date on which the Order in Council was made; and
ii: copies of the provisions are available (at all reasonable times) for inspection during working hours, free of charge, at specified places; and
iii: copies of the provisions are available on a specified Internet site; and
iv: copies of the provisions can be purchased at specified places.
2: A failure to comply with this section does not invalidate an Order in Council that incorporates provisions under section 7C
7G: Acts and Regulations Publication Act 1989 not applicable to provisions incorporated by reference
The Acts and Regulations Publication Act 1989 does not apply to provisions incorporated under section 7C
7H: Application of Regulations (Disallowance) Act 1989 to provisions incorporated by reference
1: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires provisions incorporated under section 7C
2: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (1) section 7C
5: Application of Tariff
Section 7(1)
c: specified in an agreement or document incorporated into an Order in Council in reliance on section 7C Working Tariff Document replaces Schedule 1
6: Interpretation
1: The definition of Tariff section 2(1) Tariff
a: means the Tariff of New Zealand as set out in the 2010 Tariff Document; but
b: if, and in so far as, the Tariff referred to in paragraph (a) paragraph (a) .
2: Section 2(1) 2010 Tariff Document section 9A(1) Working Tariff Document .
7: New section 9A inserted
The following section is inserted after section 9
9A: Certification of 2010 Tariff Document
1: The chief executive must, by the close of 31 December 2009,—
a: certify a copy of the Working Tariff Document; and
b: retain that copy.
2: Before certifying a copy of the Working Tariff Document under subsection (1)
a: as in force at the close of 31 December 2009; but
b: as amended by any order made under section 9 and that comes into force on 1 January 2010, and also as amended by section 10 of the Tariff (AANZFTA) Amendment Act 2009 (which also comes into force on 1 January 2010).
3: The chief executive must ensure that—
a: references in the certified copy to Schedule 3 of the Customs and Excise Act 1996 are replaced with references to the Excise and Excise-equivalent Duties Table; and
b: the certified copy indicates clearly that any information in it that is not the contents of Schedule 1 as described in paragraphs (a) and (b) of subsection (2)
8: New sections 9B to 9G inserted
The following sections are inserted after section 9A
9B: Access to Tariff
1: The chief executive must—
a: ensure that copies of the documents referred to in subsection (2)
b: ensure that copies of the documents referred to in subsection (2)
2: The documents are—
a: the Tariff as from time to time amended, modified, or revoked and replaced on or after 1 January 2010; and
b: the 2010 Tariff Document; and
c: Orders in Council amending or modifying the Tariff and made under section 9 or 10 on or after 1 January 2010.
3: Every version of the Tariff referred to in subsection (2)(a) subsection (1)
a: indicate that it is the Tariff as in force at the beginning of a stated date; and
b: list all Acts and Orders in Council that are enacted on or after 1 January 2010 and before the stated date and that amend, modify, revoke, or revoke and replace some or all of the Tariff.
4: Nothing in section 9A Example
Examples of other information are— the Excise and Excise-equivalent Duties Table (as that term is defined in the Customs and Excise Act 1996): details of prohibited imports: tables explaining the correlation between former and current Tariff items.
9C: Regulations (Disallowance) Act 1989 and Acts and Regulations Publication Act 1989
Orders in Council amending or modifying the Tariff made under section 9 or 10 on or after 1 January 2010—
a: are regulations for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives not later than 16 sitting days after the day on which they are made; but
b: are not regulations for the purposes of the Acts and Regulations Publication Act 1989.
9D: Judicial notice of Tariff
Judicial notice must be taken by all courts and persons acting judicially of the Tariff. 1989 No 142 ss 16A, 16B(1)
9E: Evidence of Tariff
Every copy of the documents referred to in section 9B(2)
a: to be a correct copy of the document; and
b: to have been so published or made available. 1989 No 142 s 16C
9F: Tariff may be amended, and must be interpreted, as if it were an enactment
1: The Tariff may be amended, revoked, or revoked and replaced by an Act of Parliament as if it were an Act of Parliament.
2: The Tariff may be altered or amended by an Order in Council made under section 9 or 10 as if it were a regulation.
3: The Interpretation Act 1999 applies to the Tariff as if it were an enactment.
4: Nothing in this Act limits or affects the application of—
a: the Acts and Regulations Publication Act 1989 and the Interpretation Act 1999 to an Act amending, revoking, or revoking and replacing the Tariff, this Act (either alone or with other enactments), or both; or
b: the Interpretation Act 1999 to an Order in Council made under section 9 or 10.
9G: References to Schedule 1
Every reference in the following to the Tariff or to Schedule 1 of the Tariff Act 1988 must be read as if it were a reference to the Tariff (as defined by section 2 of the Tariff Act 1988 as amended by section 6(1)
a: an enactment not added, amended, inserted, or substituted by the Tariff Amendment Act 2009 and in force at the commencement of this section:
b: a document in operation at that commencement.
9: Schedule 1 consequentially repealed
1: Schedule 1
2: Section 3
3: The Tariff
1: Duties must be levied, collected, and paid in accordance with the Tariff, or with a transitional safeguard measure or a provisional transitional safeguard measure, as the case may require, on goods to which this subsection applies.
2: Subsection (1)
a: imported into New Zealand; or
b: entered therein for home consumption; or
c: entered therein for delivery to a manufacturing area.
3: Subsection (1)
3: If this section commences before the commencement of the Tariff (AANZFTA) Amendment Act 2009 AANZFTA Act
a: section 7(3) section 6 Schedule 1 the Tariff
b: section 10(1) and (2) Schedule 1 Schedule 1 the Tariff
c: section 10(3) Schedule 1 Schedule 1 The Tariff
4: If section 6 section 7(3) Schedule 1 the Tariff
5: If this section commences after the commencement of the AANZFTA Act section 7(3) section 6 Schedule 1 the Tariff
6: The enactments specified in the Schedule 2010-01-01 Customs and Excise Act 1996 Finance Act (No 2) 1993 Finance Act (No 2) 1995 Goods and Services Tax Act 1985