1: Title
1: This Act is the Social Security (Long-term Residential Care) Amendment Act 2004.
2: In this Act, the Social Security Act 1964 the principal Act
1: Preliminary
2: Commencement
This Act comes into force on 1 July 2005.
3: Purpose
The purpose of this Act is to amend, consolidate, and clarify provisions relating to long-term residential care provided to older people, and in particular—
a: to progressively increase the value of assets that people may retain before being required to use their assets to pay for the cost of contracted care services provided to them; and
b: to provide that people aged 50 to 64 who are single
c: to clarify the obligations of people receiving long-term residential care in a hospital or rest home to pay for that care; and
d: to clarify the funder's obligations to pay for contracted care services associated with long-term residential care; and
e: to limit the amount that residents who are assessed as requiring long-term residential care indefinitely are required to pay for that care; and
f: to clarify the procedures associated with needs assessment; and
g: to amend the means assessment and clarify the procedures associated with it. Paragraph (b) amended 1 July 2005 7 Social Security Amendment Act 2005 by substituting the word single unmarried
2: Amendments to principal Act
4: Minor amendments to principal Act relating to new Part 4
1: Section 61EA(4) paragraph (c)
c: is a resident assessed as requiring care (as defined in section 136 section 141 or section 142
2: Section 69C(5)(b) subparagraph (ii)
ii: a resident assessed as requiring care (as defined in section 136 section 141 or section 142
3: Section 75(3) a person who is a patient in a hospital receiving residential care disability services that are wholly or partly funded under the New Zealand Public Health and Disability Act 2000 section 69F of this Act a person who is a resident assessed as requiring care (as defined in section 136 section 141 or section 142 Long-term residential care
5: New Part 4 inserted
The principal Act is amended by inserting, after section 135
4: Long-term residential care in hospital or rest home
136: Interpretation
In this Part, unless the context otherwise requires,— applicable asset threshold Part 1 of Schedule 27 contracted care
a: services that are provided to a resident assessed as requiring care that are—
i: provided in a hospital or rest home; and
ii: provided and paid for in accordance with an agreement made under the New Zealand Public Health and Disability Act 2000 section 88 of that Act
b: in relation to a person, the kinds of services referred to in paragraph (a) cost of contracted care services New Zealand Public Health and Disability Act 2000 section 88 of that Act date of means assessment section 145 DHB section 19 of the New Zealand Public Health and Disability Act 2000 elderly victim of crime section 155 eligible person
a: is either—
i: aged 65 or over; or
ii: aged between 50 and 64, and is single
b: is eligible for publicly funded health and disability services under an Eligibility Direction issued under section 32 section 112, of the New Zealand Public Health and Disability Act 2000 exempt person section 155 funder New Zealand Public Health and Disability Act 2000 maximum contribution Gazette section 152 needs assessment section 137 provider region resident assessed as requiring care
a: has been needs assessed as requiring long-term residential care in a hospital or rest home indefinitely; and
b: is receiving contracted care services from a provider. Needs assessment
137: Needs assessment
1: A DHB may conduct a needs assessment of an eligible person at any time.
2: An eligible person may apply at any time to a DHB for a needs assessment.
3: A needs assessment of an eligible person must ascertain whether the person requires long-term residential care in a hospital or rest home indefinitely.
4: A DHB that receives a request under subsection (2)
5: The date of a person's needs assessment is the date shown as such on the assessment.
6: A copy of the assessment must be provided to—
a: the person to whom it applies; and
b: the provider (if any) who is currently providing long-term residential care to the person.
7: For the purposes of a needs assessment (and, in particular, consent to a needs assessment), the Code of Health and Disability Services Consumers' Rights (made under section 74 of the Health and Disability Commissioner Act 1994
a: the needs assessment were a service; and
b: the person assessed were a consumer of that service; and
c: the DHB or its delegate were a provider of that service.
138: Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely
1: An eligible person who has been needs assessed as requiring long-term residential care in a hospital or rest home indefinitely—
a: is or becomes a resident assessed as requiring care if he or she receives contracted care services from a provider, and sections 139 to 142
b: is entitled, under section 144 Schedule 27
2: When a person is notified of the results of a needs assessment, the DHB must advise the person to whom it relates—
a: of the amount of the maximum contribution; and
b: of the person's and the funder's respective liabilities under sections 139 to 142
c: about how to apply for a means assessment. Liability to pay
139: Personal obligation to pay for care
1: A resident assessed as requiring care is liable to pay the cost of contracted care services provided to him or her.
2: The most that a resident assessed as requiring care may be required to pay towards the cost of contracted care services provided to him or her is the maximum contribution.
3: The amount that a resident assessed as requiring care is liable to pay under subsection (1) sections 140, 141, or 142
4: Nothing in this section affects the liability of a resident assessed as requiring care to pay, under an agreement between the resident and a provider, for any services provided to the resident that are not contracted care services.
140: Funder's liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed
1: This section applies to—
a: a resident assessed as requiring care who has been means assessed and found to have assets above the applicable asset threshold; and
b: a resident assessed as requiring care who has not been means assessed, or for whom the result of a means assessment is not yet known.
2: If the cost of contracted care services provided to a person to whom this section applies exceeds the maximum contribution, the funder must pay the difference between the maximum contribution and the cost of contracted care services provided to the person.
3: The funder's liability under subsection (2)
a: the date on which the person is needs assessed as requiring long-term residential care in a hospital or rest home indefinitely; or
b: the date on which the person commences receiving contracted care services from a provider.
141: Funder's liability in respect of persons whose assets are equal to or below applicable asset threshold
1: This section applies to a resident assessed as requiring care who—
a: has been means assessed as to assets under Part 2 of Schedule 27
b: has had a contribution determined following a means assessment as to income under Part 3 of Schedule 27
2: In the case of a person to whom this section applies, the funder must pay the difference between the cost of contracted care services provided to the person and the person's contribution determined following a means assessment as to income.
3: The funder's liability under subsection (2) subsection (4)
4: If the person's assets are equal to or less than the applicable asset threshold more than 28 days before the date of means assessment that establishes that fact, the funder's liability arises on the date that is 28 days before the date of means assessment.
142: Funder's liability in respect of exempt persons and elderly victims of crime
1: In the case of an exempt person, the funder must pay the difference between the cost of contracted care services provided to the person and the amount of any benefit received by the person under this Act.
2: In the case of an elderly victim of crime, the funder must pay the full cost of contracted care services provided to the person.
3: The funder's liability under subsection (1) or subsection (2)
a: on the date on which the person, being a resident assessed as requiring care, is confirmed under regulations made under section 155
b: in the case of a person to whom section 10 of the Social Security (Long-term Residential Care) Amendment Act 2004
143: Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
1: This section applies to every resident assessed as requiring care who is aged 50 to 64 years, is single
2: Every person to whom this section applies must be treated for the purposes of section 141
3: By way of explanation, the effect of subsection (2)
a: may not be means tested as to assets, and, if the person has already been means tested as to assets, the result of that test is to be disregarded; and
b: is not required to pay for contracted care services out of assets, but is required to pay only the contribution (as determined by a means test as to income under Part 3 of Schedule 27 Means assessment
144: Application for means assessment
1: An eligible person who has been needs assessed as requiring long-term residential care in a hospital or rest home indefinitely may apply at any time for a means assessment.
2: An application for a means assessment must be made on a form provided for the purpose by the chief executive.
3: The chief executive must arrange for a means assessment to be conducted as soon as practicable after receiving an application.
145: Date of means assessment
In this Part, date of means assessment
a: in the case of a first means assessment conducted under this Part, the date on which the application for the means assessment is received:
b: in the case of a review of a means assessment for which the person has applied under section 150(1)(a)
c: in the case of a review under section 150(1)(b)
d: in the case of a review under section 150(1)(c)
e: in the case of a review under section 150(2)
146: Means assessment as to assets
1: The first stage of a means assessment is a means assessment as to assets, conducted under Part 2 of Schedule 27
2: The means assessment as to assets must assess the value of the non-exempt assets of the person as at the date of means assessment and must determine whether those assets are above, equal to, or less than the applicable asset threshold.
3: By way of explanation, if a person's assets are assessed as being above the applicable asset threshold, the person must (in accordance with section 139 section 140
147: Means assessment as to income
1: The second stage of a means assessment is a means assessment as to income, conducted under Part 3 of Schedule 27
2: A means assessment as to income must be conducted if the person's assets, as assessed by a means assessment as to assets, are equal to or less than the applicable asset threshold.
3: The means assessment as to income must assess the annual income of the person as at the date of means assessment and must determine a weekly contribution, up to the maximum contribution, that the person must pay from income towards the cost of contracted care services provided to the person.
4: A means assessment as to income must also determine—
a: whether the assets of the person became equal to or less than the applicable asset threshold more than 28 days before the date of means assessment; or
b: the date, being a date during the 28 days before the date of means assessment, on which the person's assets became equal to or less than the applicable asset threshold.
5: The purpose of subsection (4) section 141
148: Notice of means assessment (including reviews)
1: Every means assessment (including a reviewed means assessment), whether it relates only to assets or to both assets and income, must be in writing and a copy must be provided to the person to whom it relates.
2: The provider, the funder, and the Ministry of Health must be advised, with respect to every person who is means assessed or whose means assessment is reviewed, whether the person has assets above the applicable threshold or, if the person's assets are equal to or less than the applicable threshold, what the person's weekly contribution from income is assessed as being.
149: Obligation to advise change of circumstances and right to apply for review
1: Every person listed in subsection (2) or partner
a: knows or ought to know of the change of circumstances; and
b: knows or ought to know that the change might mean that the means assessment is no longer accurate.
2: The people with the obligation under subsection (1)
a: the person who has been means assessed:
b: the spouse or partner
c: the holder of an enduring power of attorney (given in accordance with Part 9 of the Protection of Personal and Property Rights Act 1988 or partner
d: the provider who provides services to the person who has been means assessed.
3: Every funder is obliged to take all practicable steps to ensure that every resident assessed as requiring care—
a: is advised of the right, under section 150(1)(a)
b: is notified whenever a change is made to the tests used in means assessments (such as an increase to applicable asset thresholds, or a change to the personal allowance) that might mean that, if the person's means assessment were reviewed, the result would be different from the result of the person's latest means assessment.
150: Review of means assessment
1: The chief executive must review a person's means assessment in each of the following circumstances:
a: the person applies for a review on a form provided for the purpose by the chief executive:
b: the chief executive has reason to believe that there was a mistake in the earlier assessment, whether as a result of wrong information being supplied or otherwise:
c: in the case of a person who has a spouse or partner
i: the spouse or partner
ii: the death of the spouse or partner
iii: the chief executive determining under section 63 or partner
2: In the case only of a person who has been means assessed and been found to have assets above the applicable threshold, the chief executive may review the person's means assessment at any time if the chief executive considers that the person's assets have fallen, or are about to fall, to a level where they are equal to or less than the applicable asset threshold.
3: Nothing in subsection (2) subsection (1)(a)
4: A review must assess the assets and, if necessary, the income of the person as at the date of means assessment.
5: Section 147(4)
151: Conjugal status for purpose of means assessment
1: The chief executive's discretion under section 63 single
2: The chief executive may not determine that, for the purposes of this Part, a person is single or partner
a: is a resident assessed as requiring care; or
b: has become unable to affirm his or her marriage or civil union Miscellaneous
152: Maximum contributions set by
Gazette
1: The Director-General of Health must, by notice in the Gazette
2: The amount of maximum contribution set for each region is the lowest amount that a funder in the region must pay (in accordance with agreements made under the New Zealand Public Health and Disability Act 2000 section 88 of that Act
3: However, if the amount identified under subsection (2)
153: Residential care loan scheme
A person who has been means assessed as to assets may apply for a loan under the residential care loan scheme operated by the Ministry of Health if—
a: the person's assets are above the applicable asset threshold; and
b: the person meets the criteria for eligibility for the residential care loan scheme as notified by the Director-General of Health in the Gazette
154: Clothing allowance
1: Regulations may be made under section 155
a: residents assessed as requiring care who have been means assessed and found to have assets equal to or less than the applicable asset threshold:
b: residents assessed as requiring care who have entered into a loan agreement with the Crown under the residential care loan scheme.
2: The amount of the clothing allowance must be set by regulations made under section 155
155: Regulations relating to this Part
1: The Governor-General may, by Order in Council, make regulations for all or any of the following matters:
a: prescribing the benefit entitlements and rates of benefit payable to the spouse or partner
b: identifying a class or classes of exempt persons:
c: prescribing how a person is to be assessed as being, or no longer being, an elderly victim of crime:
d: providing, in accordance with section 154
e: prescribing, for the purpose of means assessment, rules relating to deprivation of property, income, or both, and the circumstances in which those rules apply:
f: prescribing the gifting period and the allowable gifts, or the value of any allowable gifts, for the purpose of Part 2 of Schedule 27
g: amending the maximum value of pre-paid funerals for the purposes of paragraph (d) exempt assets Part 2 of Schedule 27
h: prescribing assets, or an amount of assets, that are exempt assets for the purpose of paragraph (f) exempt assets Part 2 of Schedule 27
i: increasing the income-from-assets exemption in accordance with subsection (2)
j: prescribing an amount or type of income, or an amount of a certain type of income, that is not to be included in a means assessment as to income, as provided for in paragraph (k) income Part 3 of Schedule 27
k: prescribing the amount of personal allowance, as defined in Part 3 of Schedule 27
l: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: The income-from-assets exemption (as defined in Part 3 of Schedule 27
3: If the adjusted amount of income-from-assets exemption is not a whole number of dollars—
a: it must be rounded up to the nearest whole number of dollars; but
b: the adjustment made in the following year must be based on the income-from-assets exemption as it was before it was rounded up.
4: The Director-General of Health must, as soon as practicable after 1 July in each year, give notice in the Gazette
5: This section does not limit any other power given in this Act to make regulations. eligible person: paragraph (a)(ii) in the new section 136 was amended 1 July 2005 7 Social Security Amendment Act 2005 by substituting the word single unmarried Subsection (1) amended 1 July 2005 7 Social Security Amendment Act 2005 by substituting the word single unmarried Subsections (1) (2)(b) (c) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting the words or partner spouse Subsection (1)(c) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting the words or partner spouse Subsections (1) (2) amended 1 July 2005 7 Social Security Amendment Act 2005 by substituting the word single unmarried Subsection (2) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting the words or partner spouse Subsection (2)(b) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting the words or civil union Subsection (1)(a) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting the words or partner spouse
6: New Schedule 27 substituted for Twenty-seventh Schedule
The principal Act is amended by repealing Schedule 27 Schedule 1 Transitional provisions
7: Definitions used for purpose of transitional provisions
In this section and sections 8 to 11 commencement date financial means assessment section 69F section 69F section 69F
8: Assessment as needing residential care disability services indefinitely to be treated as needs assessment under section 137
1: Every person who, immediately before the commencement date, had been notified as being, or had been treated as having been, assessed as requiring residential care disability services indefinitely (as referred to in section 69F(1) section 137
2: If an assessment has been conducted for the purposes of section 69F section 137
9: Financial means assessment under section 69F to be treated as means assessment under Part 4 of principal Act
1: The result of a financial means assessment conducted under section 69F Part 4
2: A copy of every financial means assessment under section 69F section 148
3: A financial means assessment conducted under section 69F section 150 Part 4 sections 146 147 Part 4 27
10: Exempt persons and elderly victims of crime
1: Until regulations are made under section 155
2: If, as a result of regulations referred to in subsection (1)
3: If, as a result of regulations referred to in subsection (1)
11: No refunds in respect of periods before commencement date
1: No person is entitled, as a result of this Act coming into force, to a refund of any amount that the person has paid, or to a rebate of any amount that the person is liable to pay, for residential care disability services provided before the commencement date.
2: No provider is entitled, as a result of this Act coming into force, to payment from a funder in respect of services provided to a person, or class of persons, before the commencement date.
3: However, nothing in subsection (1) (2) Related amendments
12: Related amendments to
New Zealand Superannuation and Retirement Income Act 2001
1: Section 17 New Zealand Superannuation and Retirement Income Act 2001 subsection (1)
1: This section applies to any person who is not a resident assessed as requiring care (as defined in section 136 of the Social Security Act 1964 or partner section 141 or section 142 of that Act
2: Section 17 New Zealand Superannuation and Retirement Income Act 2001 subsection (3)
3: Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person's spouse or partner Part 4 of that Act
3: Section 19 New Zealand Superannuation and Retirement Income Act 2001 subsection (5)
5: Subsection (3) section 136 of the Social Security Act 1964 section 141 or section 142 of that Act
4: Section 20(1)(b) New Zealand Superannuation and Retirement Income Act 2001 subparagraph (ii)
ii: a resident assessed as requiring care (as defined in section 136 of the Social Security Act 1964 section 141 or section 142 of that Act The heading to section 12 amended 1 July 2005 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 by substituting the words New Zealand Superannuation and Retirement Income Act 2001 New Zealand Superannuation Act 2001 Subsection (1) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting in the new s 17(1) the words or partner spouse Subsection (2) amended 1 July 2005 7 Social Security Amendment Act 2005 by inserting in the new s 17(3) the words or partner spouse Section 12 amended 1 July 2005 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 by substituting the words New Zealand Superannuation and Retirement Income Act 2001 New Zealand Superannuation Act 2001 Consequential amendments
13: Consequential amendments to principal Act and other Acts
1: The principal Act is consequentially amended in the manner set out in Schedule 2
2: The Acts specified in Schedule 3
14: Consequential revocations
The following regulations are revoked:
a: Social Security (Asset Limits) Order 1998 (SR 1998/309)
b: Social Security (Disability Services-Financial Assessment) Regulations 1994 (SR 1994/32)


Civil Union Act 2004

1: Title
This Act is the Civil Union Act 2004.
2: Commencement
1: This Act, other than the sections referred to in subsection (2), comes into force on 26 April 2005.
2: Sections 35 36 37
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— civil union celebrant section 26 exempt body Schedule 1 guardian section 15 licence section 12 Minister New Zealand prohibited degrees of civil union Schedule 2 Registrar Registrar-General section 4 1955 No 92 s 2 Section 3 guardian amended 1 July 2005 section 151 Care of Children Act 2004 Section 3 Registrar Registrar-General amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
4: Overview of civil union
1: Two people, whether they are of different or the same sex, may enter into a civil union under this Act if—
a: they are both aged 16 or over (but people aged 16 or 17 must obtain consent— see section 19
b: they are not within the prohibited degrees of civil union as set out in Schedule 2 see section 10
c: they are not currently married or in a civil union with someone else (but married couples may enter into a civil union with each other— see section 18
2: A civil union may be solemnised by a Registrar or, if a Registrar has issued a licence, by a civil union celebrant or an exempt body.
3: After a civil union is solemnised, it is registered as a civil union under subpart 5 of Part 2
4: The dissolution of a civil union is governed by the Family Proceedings Act 1980
5: This section is by way of explanation only. If a provision of this or any other Act is inconsistent with this section, the other provision prevails. Section 4(3) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
5: Reference to civil union in any other enactment
In any other enactment, unless the context otherwise requires, a reference to a civil union refers to—
a: a civil union entered into under and in accordance with this Act; and
b: a relationship that is entered into overseas and—
i: is of a type identified by regulations made under section 35(1)(a)
ii: is between 2 people who are at least 18 years old or, if either party is younger than 18, was entered into with the consent of that party's guardians.
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5A inserted 14 August 2018 section 13 Minors (Court Consent to Relationships) Legislation Act 2018
6: Act binds the Crown
This Act binds the Crown.
2: Civil unions
1: Entering into civil union
Capacity
7: Age of eligibility
A person who has not reached the age of 16 is prohibited from entering into a civil union. 1955 No 92 s 17
8: Partners not to be already married or in civil union
A person who is in a civil union is prohibited from entering into a civil union with another person; and a person who is married is prohibited from entering into a civil union with either their spouse (except by changing the form of their relationship in accordance with section 18
9: Partners not to be within prohibited degrees of civil union
Two people who are within the prohibited degrees of civil union, as set out in Schedule 2 section 10 1955 No 92 s 15(1)
10: Order dispensing with prohibition on civil union within prohibited degrees of affinity
1: Two people who are within the prohibited degrees of affinity, but who are not within the prohibited degrees of consanguinity, may apply to the Family Court for an order under this section.
2: On an application under subsection (1), the court may make an order dispensing with the prohibition in section 9
3: The Registrar of any court where an order under this section is made must send a copy of the order to the Registrar-General. 1955 No 92 s 15(2), (3) Formalities
11: Notice of civil union
1: If 2 people intend to enter into a civil union, one of them must give notice to the Registrar of the intended civil union in a manner specified by the Registrar-General
2: The person giving notice must verify that—
a: the particulars in the notice are true; and
b: the person believes that the parties are not within the prohibited degrees of civil union or, if they are, an order has been made under section 10
c: there is no other lawful impediment to the intended civil union.
2A: The information in subsection (2) may be verified—
a: electronically in a manner specified by the Registrar-General ( see also section 128
b: by the person giving notice appearing personally before the Registrar and making a statutory declaration.
3: However, if the 2 parties to an intended civil union are ordinarily resident outside New Zealand, the requirements of subsections (1) and (2A)(b)
a: one of the parties gives notice to the Registrar of the intended civil union in a manner specified by the Registrar-General
b: one of the parties, at any time before the licence is issued or (if the Registrar is to solemnise the civil union) the civil union is solemnised, makes a statutory declaration as to the matters in subsection (2)(a) to (c).
4: A person giving notice under this section must pay the prescribed notice fee. 1955 No 92 s 23(1), (2) Section 11 heading amended 16 December 2017 section 14(1) Electronic Interactions Reform Act 2017 Section 11(1) amended 16 December 2017 section 14(2) Electronic Interactions Reform Act 2017 Section 11(2) replaced 16 December 2017 section 14(3) Electronic Interactions Reform Act 2017 Section 11(2A) inserted 16 December 2017 section 14(3) Electronic Interactions Reform Act 2017 Section 11(2A)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 11(3) amended 16 December 2017 section 14(4) Electronic Interactions Reform Act 2017 Section 11(3)(a) amended 16 December 2017 section 14(5) Electronic Interactions Reform Act 2017
12: Issue of licence and forms where solemnisation by civil union celebrant or exempt body
1: After notice has been given under section 11 section 15 section 16 section 14
2: Despite subsection (1), a Registrar must not issue a licence and information return forms if—
a: he or she has reasonable cause to believe that the civil union is prohibited by this Act, or that any of the requirements of this Act have not been complied with; or
b: a notice of objection to the civil union of either party has been lodged under section 21
c: the prescribed notice fee has not been paid.
3: The Registrar may not issue the licence and information return forms sooner than the third day after the notice was given, unless the Registrar is satisfied that parties to the intended civil union would be inconvenienced by the delay.
4: The licence must be in the prescribed form, and must authorise the civil union of the 2 people specified in the licence at the place, or at one of the 2 places, in New Zealand, specified in the licence.
5: A Registrar other than the Registrar to whom the notice was given may issue the licence and information return forms, in which case the Registrar to whom the notice was given does not need to do so. 1955 No 92 ss 24 28
13: Licence authorises but does not oblige
A licence authorises, but does not oblige, a civil union celebrant or an exempt body to solemnise the civil union to which the licence relates. 1955 No 92 s 29
14: Solemnisation by Registrar
1: A Registrar may solemnise a civil union if—
a: the Registrar is satisfied that the civil union is not prohibited by this Act; and
b: the Registrar is satisfied that the requirements of this Act have been complied with; and
c: the Registrar is satisfied that—
i: no notice of objection to the civil union has been lodged under section 21
ii: if a notice of objection has been lodged, it has been withdrawn or discharged; and
d: the solemnisation does not take place—
i: before the third day after notice of the intended civil union has been given under section 11
ii: more than 3 months after the date on which notice of the intended civil union was given (or, where a notice of objection has been lodged, more than 3 months after the date on which the notice of objection was withdrawn or discharged).
2: During the solemnisation, in the presence of the Registrar and at least 2 witnesses, each party must make a clear statement to the other that—
a: names both parties; and
b: acknowledges that they are freely joining in a civil union with each other.
3: No Registrar is obliged to solemnise a civil union on a day that is not a working day. 1955 No 92 ss 28 30 33
15: Solemnisation by civil union celebrant
1: A civil union celebrant may solemnise a civil union between 2 parties if—
a: the civil union celebrant is in possession of a licence in respect of the 2 parties; and
b: the solemnisation takes place at the place (or at one of the 2 places) named in the licence; and
c: the solemnisation does not take place more than 3 months after the date of issue of the licence.
2: During the solemnisation, in the presence of the civil union celebrant and at least 2 witnesses, each party must make a clear statement to the other that—
a: names both parties; and
b: acknowledges that they are freely joining in a civil union with each other.
3: The celebrant must, under section 53 1955 No 92 s 31(1), (2), (3) Section 15(3) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
16: Solemnisation by exempt body
1: A civil union may be solemnised by an exempt body if it is solemnised in accordance with the rules and procedures of the body as most recently notified to the Registrar-General in accordance with Schedule 1
2: When a civil union is solemnised by an exempt body, the obligations imposed on civil union celebrants by section 53 Schedule 1 1955 No 92 ss 31(4), (5) 32 32A Section 16(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Changing form of relationship
17: Purpose of section 18
The purpose of section 18
18: Changing form of relationship
1: A married couple may enter into a civil union with each other; and 2 people in a civil union with each other, and who are otherwise eligible to marry, may marry each other.
2: Before changing the form of their relationship under this section, the party who gives the notice required by section 11 section 23
3: The solemnisation of the marriage of 2 people who are in a civil union with each other changes the relationship from a civil union into a marriage; but in any situation in which the duration of the resulting marriage is in issue, the duration of the earlier civil union is to be treated as part of the duration of the marriage.
4: The solemnisation of a civil union between 2 people who are married to each other changes the relationship from a marriage into a civil union; but in any situation in which the duration of the resulting civil union is in issue, the duration of the earlier marriage is to be treated as part of the duration of the civil union. Consent for persons aged 16 or 17
19: Consent to civil union of persons aged 16 or 17
1: This section applies if, on the date on which notice of the intended union is given under section 11
a: either party to the intended civil union is aged 16 or 17 years; or
b: both parties to the intended civil union are aged 16 or 17 years.
2: If this section applies, a Registrar must not issue a licence authorising the intended civil union, or solemnise the civil union, unless a Family Court Judge has, under this section, consented to the intended civil union.
3: A party to an intended civil union who is aged 16 or 17 years must apply to the Family Court for a Family Court Judge’s consent to the intended civil union, and a joint application may be made if both parties to the intended civil union are aged 16 or 17 years.
4: A Family Court Judge may, on receipt of an application made under subsection (3), consent to the intended civil union only if the Judge is satisfied that, for each party to the intended civil union aged 16 or 17 years,—
a: the party has made the application voluntarily, free of undue influence or coercion; and
b: the party understands the consequences of the application and wants the Judge to consent to the intended civil union; and
c: the intended civil union is in the party’s interests.
5: In determining whether the intended civil union is in a party’s interests, the matters the Judge must take into account include, without limitation,—
a: the age and maturity of the party; and
b: the party’s views; and
c: any views of the party’s parents and guardians that can reasonably be ascertained; and
d: any other information available to the court relevant to the party’s application. Section 19 replaced 14 August 2018 section 14 Minors (Court Consent to Relationships) Legislation Act 2018
20: Court may appoint lawyers in proceedings under section 19
1: In any proceedings under section 19
2: In any proceedings under section 19
a: appoint a lawyer to assist the court; or
b: direct a Registrar of the court to appoint a lawyer to assist the court.
3: The fees and expenses of a lawyer appointed under subsection (1) or (2) must—
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
4: An invoice for fees and expenses rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
5: If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision, and the Judge may make any order varying or confirming the decision that the Judge considers fair and reasonable. Section 20 replaced 14 August 2018 section 14 Minors (Court Consent to Relationships) Legislation Act 2018
20A: Judge may obtain cultural report
1: In any proceedings under section 19
a: requesting a person whom the Judge considers qualified for the purpose to prepare one; or
b: directing the Registrar to request a person whom the Registrar considers qualified for the purpose to prepare one.
2: The court may act under subsection (1) only if satisfied that—
a: the information that the report will provide is essential for determining the application; and
b: the report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and
c: the proceedings will not be unduly delayed by the time taken to prepare the report; and
d: any delay in the proceedings will not have an unacceptable effect on the applicant.
3: If the court is entitled by subsection (2) to act under subsection (1) and if the court knows the applicant’s wishes about the obtaining of a report or can speedily ascertain them, the court must have regard to the applicant’s wishes before deciding whether or not to act under subsection (1).
4: Fees for the preparation of reports obtained under this section, and reasonable expenses incurred, must—
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
5: In this section, cultural report Section 20A inserted 14 August 2018 section 14 Minors (Court Consent to Relationships) Legislation Act 2018 Notice of objection to civil union
21: Notice of objection to proposed civil union
1: A person may lodge with any Registrar a notice of objection to the civil union of any person named in the notice on the grounds that the civil union is one for which a licence should not be issued.
2: Every notice of objection must be in writing signed by or on behalf of the person who lodged the notice of objection, and must state the person's full name, residential address, and the particulars of the grounds of objection on which the notice of objection is founded.
3: A copy of a notice of objection may be given to any Registrar other than the Registrar with whom it was lodged, in which case the copy must also show the date and place of lodgement of the notice of objection.
4: A notice of objection lapses 1 year from the date on which it was lodged unless, within that time, a notice has been given under section 11
5: A notice of objection lodged under this section is for all purposes to be treated as also being a caveat lodged under section 25 1955 No 92 ss 25 26(2)
22: Judge to deal with notice of objection
1: If a Registrar receives notice under section 11
2: The Judge to whom the notice of objection is submitted must immediately inquire into the grounds of objection stated in the notice of objection, and, if the Judge is of the opinion that those grounds should not prevent the solemnisation of the civil union, he or she must discharge the notice of objection.
3: If a Judge refuses to discharge a notice of objection under this section, any person may make an application to a Family Court Judge for the discharge of the notice of objection, and the Family Court Judge, if he or she is of the opinion that there is no longer any reason why the intended civil union should not be solemnised, must discharge the notice of objection.
4: A person who lodges a notice of objection is liable for damages if the court considers that the grounds on which the notice of objection was lodged were vexatious and unreasonable. 1955 No 92 ss 26 27 When civil union is or may be declared void
23: When civil union is or may be declared void
1: The grounds on which a civil union is void ab initio section 31
2:
3: 1955 No 92 ss 15(4) 17(2) 18(7) Section 23(2) repealed 14 August 2018 section 15 Minors (Court Consent to Relationships) Legislation Act 2018 Section 23(3) repealed 14 August 2018 section 15 Minors (Court Consent to Relationships) Legislation Act 2018
24: Effect of defects in formalities or procedures
1: A defect in compliance with the formalities or procedures required under this Act does not, in itself, render a civil union void.
2: However, nothing in this section exempts a Registrar or civil union celebrant who, or an exempt body that, does anything contrary to the provisions of this Act from any penalty for an offence under this Act. 1955 No 92 s 22 Certificate of no impediment
25: Registrar-General
1: A person who wishes to enter into a civil union outside New Zealand in accordance with the law of another country or jurisdiction may apply to the Registrar-General, in a form that complies with any relevant regulations, for a certificate of no impediment.
2: Every application must be accompanied by the prescribed fee.
3: On receipt of an application, the Registrar-General must make whatever searches and inquiries he or she considers appropriate.
4: The Registrar-General may issue a certificate of no impediment to the applicant if he or she is satisfied that no lawful impediment to the civil union has been shown to exist. 1955 No 92 s 41 Section 25 heading amended 20 September 2007 section 4 Civil Union Amendment Act 2007
2: Civil union celebrants
26: Appointment of civil union celebrants
1: Any person may apply to the Registrar-General to be appointed as a civil union celebrant.
2: The Registrar-General may appoint a person as a civil union celebrant if the person has paid any prescribed application fee and the Registrar-General is satisfied that—
a: the person is of good character; and
b: the person will conscientiously perform the duties of a civil union celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 2021
c: it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be appointed as a civil union celebrant.
3: The Registrar-General must give notice in the Gazette
4: A person named in a notice given under subsection (3) is entitled to act as a civil union celebrant on and from the date specified in the notice, and ceases to be entitled to act as a civil union celebrant when his or her appointment ceases under section 28(1) Section 26(2)(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 26(2)(b) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008
27: Expiry of appointment and reappointment
1: A person who wishes to continue to act as a civil union celebrant after 31 January in the year after the year of his or her appointment or reappointment must apply to the Registrar-General for reappointment during November of the year in which the person was appointed or reappointed.
2: The Registrar-General may reappoint a civil union celebrant only if the civil union celebrant has paid any prescribed reapplication fee and the Registrar-General is satisfied as to the matters set out in section 26(2)
3: A reappointment takes effect on 1 February in the year following the application for reappointment.
4: A person who is appointed as a civil union celebrant in November or December of any year is deemed to be reappointed on the following 1 February and need not apply for reappointment until November of that following year.
5: If a person does not apply for reappointment as required by subsection (1), or if his or her application is refused, then his or her appointment is cancelled on 31 January following his or her appointment or reappointment (except where subsection (4) applies).
28: Ceasing to be civil union celebrant
1: A person ceases to be a civil union celebrant,—
a: in the case of a person who fails to be reappointed under section 27
b: in the case of a person who resigns in writing, on the date on which the Registrar-General receives the resignation; or
c: in the case of a person whose appointment is cancelled by the Registrar-General under this section, on the date referred to in subsection (5).
2: The Registrar-General may cancel a person's appointment as a civil union celebrant if the Registrar-General is not satisfied, with respect to the person, of the matters set out in section 26(2)
3: The Registrar-General may not cancel a person's appointment as a civil union celebrant without first—
a: giving the person notice that the Registrar-General is considering cancelling the appointment; and
b: giving the person a reasonable opportunity to make submissions on the proposal; and
c: considering any submissions made by the person within that time.
4: The Registrar-General must give notice in writing to the person concerned of a decision to cancel the person's appointment as a civil union celebrant, and also of any decision not to proceed with a proposed cancellation.
5: If a person's appointment as a civil union celebrant is cancelled, the notice from the Registrar-General must specify the date on which the cancellation takes effect, which must be a date not sooner than 5 days after the date on which the notice is sent.
29: List of civil union celebrants
1: The Registrar-General must, at least once every year, publish a list in the Gazette section 26(3)
2: The Registrar-General may at any time publish in the Gazette
3: Offences and miscellaneous provisions
Offences
30: Offence to issue licence or solemnise civil union contrary to Act
1: A Registrar who knowingly and wilfully issues a licence contrary to this Act commits an offence.
2: A Registrar or civil union celebrant who knowingly and wilfully solemnises a civil union contrary to section 14 section 15
3: A person is liable, on conviction
4: An exempt body that knowingly and wilfully solemnises a civil union otherwise than in accordance with its rules and procedures as most recently notified to the Registrar-General commits an offence and is liable on conviction 1955 No 92 s 58 Section 30(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 30(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Offence to purport to solemnise civil union
Every person commits an offence, and is liable on conviction 1955 No 92 s 59 Section 31 amended 1 July 2013 section 413 Criminal Procedure Act 2011
32: Offences in connection with false statements relating to civil union
Every person commits an offence and is liable on conviction
a: makes or causes to be made any false declaration or verification
b: makes or causes to be made, for the purpose of being inserted in any register, a false statement of any particular required to be known and registered; or
c: gives a Registrar a document that purports to be a copy of a notice of objection when it is not in fact a copy of a notice of objection. 1955 No 92 s 60 Section 32 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 32(a) amended 16 December 2017 section 15 Electronic Interactions Reform Act 2017
33: Limitation on prosecutions
A prosecution under this Act may not be commenced more than 3 years from the date on which the offence was committed. 1955 No 92 s 63 Miscellaneous
34: Registrar-General
1: The Registrar-General is charged with the general administration of this Act.
2: The Registrar-General may specify—
a: the manner in which a notice may be given for the purposes of section 11 Schedule 1
i: when and how a notice may be given or an application may be made; and
ii: forms (including electronic forms) requiring information or setting out information that must be provided in the notice or application; and
iii: requirements in connection with the use of specified forms; and
b: the manner in which information may be verified electronically for the purposes of section 11 Schedule 1
i: when and how information may be verified; and
ii: what evidence must be provided to verify the information; and
iii: requirements with which evidence must comply.
3: Information required by a form specified under subsection (2)(a)(ii) must be required by this Act or prescribed by regulations. 1955 No 92 s 4 Section 34(2) inserted 16 December 2017 section 16 Electronic Interactions Reform Act 2017 Section 34(3) inserted 16 December 2017 section 16 Electronic Interactions Reform Act 2017
35: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for one or more of the following purposes:
a: prescribing types of overseas relationships that are recognised in New Zealand as civil unions:
b: prescribing fees for any of the following:
i: giving notice of an intended civil union; and different fees (and different rules for the refund of any part of such fees) may be prescribed for notices given in different circumstances:
ii: the solemnisation of civil unions (which may prescribe different fees for solemnisation at different times or in different circumstances):
iii: the lodging of a notice of objection, or a copy of a notice of objection:
iv: applying for a certificate of no impediment:
v: applying to be a civil union celebrant:
vi: applying for reappointment as a civil union celebrant:
vii: applying to be an exempt body:
c: prescribing forms to be used for the purposes of this Act:
d: prescribing the matters that must be included in forms (other than prescribed forms) used in connection with civil unions:
e: providing for any other matter contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: No regulations under subsection (1)(a) that recognise a type of overseas relationship may be made unless the Minister of Justice is satisfied that that type of overseas relationship is established or recognised under the law of another country or jurisdiction, and that the law of that country or jurisdiction—
a: does not permit or recognise the relationship unless both parties to it are at least 16 years old; and
b: does not permit or recognise the relationship if the parties are related as—
i: parent and child; or
ii: siblings or half-siblings; or
iii: grandparent and grandchild; and
c: requires that the parties explicitly consent to entering into the relationship; and
d: provides that the relationship ends only on the death of a party or by a judicial or other process that would be recognised in the courts of New Zealand as a dissolution; and
e: requires that, during the relationship, the parties may not enter into that sort of relationship with anyone else, and may not marry anyone else.
3: Regulations under this section are secondary legislation ( see Part 3 1955 No 92 s 64 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 35(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
36: Rules of procedure
1: Rules may be made under section 16A Family Court Act 1980 of the Family Court sections 10 19 22
2: Rules made under the Family Court Act 1980 section 22 1955 No 92 s 64A Section 36(1) amended 14 August 2018 section 16(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 36(1) amended 1 March 2017 section 261 District Court Act 2016 Section 36(2) replaced 14 August 2018 section 16(2) Minors (Court Consent to Relationships) Legislation Act 2018
37: Appointment of civil union celebrants before section 26 comes into force
1: The Registrar-General may, before section 26
2: The Registrar-General may give the Gazette section 26(3)
4: Amendments to other enactments
Amendments to Births, Deaths, and Marriages Registration Act 1995
38: Amendments to section 2 of Births, Deaths, and Marriages Registration Act 1995
Amendment(s) incorporated in the Act(s)
39: New Part 7A inserted in Births, Deaths, and Marriages Registration Act 1995
Amendment(s) incorporated in the Act(s) Amendments to other enactments
40: Sections 16 and 23 of Adoption Act 1955 amended
Amendment(s) incorporated in the Act(s)
41: Section 205 of Crimes Act 1961 amended
Amendment(s) incorporated in the Act(s)
42: Section 206 of Crimes Act 1961 amended
Amendment(s) incorporated in the Act(s)
43: New section 207 of Crimes Act 1961 substituted
Amendment(s) incorporated in the Act(s)
44: Amendments to Family Proceedings Act 1980
Amendment(s) incorporated in the Act(s)
45: Amendments to Family Proceedings Act 1980 made by Care of Children Act 2004 amended
Amendment(s) incorporated in the Act(s)
46: Consequential amendments to other enactments
The enactments listed in Schedule 5


1: Title
1: This Act is the Resource Management Amendment Act (No 2) 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
2: Commencement
This Act comes into force on 1 January 2005.
3: Purpose
The purpose of this Act is—
a: to enable improved planning for aquaculture activities in the coastal marine area by—
i: requiring aquaculture activities in the coastal marine area to take place in aquaculture management areas defined in regional coastal plans; and
ii: providing regional councils with additional tools relating to the allocation of coastal space; and
iii: enabling regional councils to consider the effects of aquaculture activities on fishing and fisheries resources; and
iv: providing for the allocation of authorisations to apply for coastal permits to undertake aquaculture activities by tender unless the regional coastal plan provides otherwise; and
v: enabling regional councils to grant preferential authorisations to persons who privately initiate plan changes that establish aquaculture management areas; and
vi: providing for existing permit holders to have their applications for new consents considered before any other applications for the same area; and
b: to empower the Minister of Conservation to direct regional councils in relation to the allocation of space in the coastal marine area.
4: Interpretation
1: Section 2(1) marine farming spat spat catching taking
2: Section 2(1) aquaculture activities aquaculture management area aquaculture activities
a: means the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest if the breeding, hatching, cultivating, rearing, or ongrowing involves the occupation of a coastal marine area; and
b: includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but
c: does not include an activity specified in paragraph (a)
i: are not in the exclusive and continuous possession or control of the person undertaking the activity; or
ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed aquaculture management area
a: means a coastal marine area described as an aquaculture management area and included in a regional coastal plan or proposed regional coastal plan in accordance with section 165C
b: includes—
i: an interim aquaculture management area that becomes an aquaculture management area under section 44 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
ii: part of an aquaculture management area .
3: Section 2(1) aquatic life section 2(1) of the Fisheries Act 1996 commercial fishing section 2(1) of the Fisheries Act 1996 determination section 2(1) of the Fisheries Act 1996 fish section 2(1) of the Fisheries Act 1996 fisheries resources section 2(1) of the Fisheries Act 1996 fishing section 2(1) of the Fisheries Act 1996 harvestable spat section 2(1) of the Fisheries Act 1996 occupy
a: where the occupation is reasonably necessary for another activity; and
b: where it is to the exclusion of all or any class of persons who are not expressly allowed to occupy that part of the coastal marine area by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent; and
c: for a period of time and in a way that, but for a rule in the regional coastal plan and in any relevant proposed regional coastal plan or the holding of a resource consent under this Act, a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense reservation section 2(1) of the Fisheries Act 1996 seaweed section 2(1) of the Fisheries Act 1996 space .
4: Section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002
5: Restrictions on use of coastal marine area
Section 12(4)(a)
6: New
sections 12A 12B The principal Act is amended by inserting, after section 12
12A: Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
1: No person may occupy a coastal marine area for the purpose of an aquaculture activity—
a: except in an aquaculture management area in a regional coastal plan; and
b: if the coastal marine area is vested in the Crown or a regional council, unless expressly authorised by a coastal permit.
2: In an aquaculture management area, any other activity requiring occupation may be undertaken only as—
a: a restricted discretionary activity; or
b: a discretionary activity; or
c: a non-complying activity.
3: However, an activity that is not an aquaculture activity may not be undertaken in an aquaculture management area, except to the extent that the activity is compatible with aquaculture activities.
12B: Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
To avoid doubt, a coastal permit for aquaculture activities does not expire because the area or part of the area that the permit relates to subsequently ceases to be in an aquaculture management area.
7: Functions of regional councils under this Act
Section 30 subsection (2)
2: A regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d)
a: the effects on fishing and fisheries resources of occupying a coastal marine area for the purpose of aquaculture activities:
b: the effects on fishing and fisheries resources of aquaculture activities.
3: However, a regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), or (vii) Fisheries Act 1996
8: Administrative charges
Section 36(1) paragraph (c)
ca: charges payable by persons seeking authorisations under Part 7A .
9: Preparation and change of regional coastal plans
1: Section 64(1) and Schedule 1A
2: Section 64(4) and Schedule 1A
10: Contents of regional plans
1: Section 67(2)(b) ; or
2: Section 67(2)
c: a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996
11: Section 68A
1: Section 68A
2: Section 6 Resource Management (Aquaculture Moratorium) Amendment Act 2002 section 30 Resource Management Amendment Act 2003
12: Sections 150D 150E Sections 150D 150E
13: New
section 151AA The principal Act is amended by inserting, before section 151
151AA: Part not to apply to applications to occupy coastal marine area
This Part does not apply to applications for coastal permits to authorise the occupation of a coastal marine area.
14: Order in Council may be made requiring holding of authorisation
1: Section 152(1)
a: repealing paragraph (a)
b: omitting the expression occupation,
2: Section 152(3) subsection (1)(a) or (c) subsection (1)(c)
15: Application of Order in Council
1: Section 153(b)(ii) section 152(1)(a) to (c) section 152(1)(b) or (c)
2: Section 153(c) 395, and 397 and 395
16: Effect of Order in Council
Section 156
a: repealing paragraph (a)
b: omitting the expression occupation,
17: Calling of public tenders for authorisations
Section 157(3) paragraph (a)
18: Requirements of tender
Section 158 subsections (1)(b) (d)(ii) (1A)
19: Authorisation not to confer right to coastal permit, etc
Section 162(2) paragraphs (a) to (c)
a: in the case of an activity to which section 152(1)(b)
i: must not be granted for a period greater than the period specified in the authorisation; and
ii: must not authorise the removal of any material at a rate, or of a total quantity, greater than that specified in the authorisation; and
b: is subject to section 112
20: New
Part 7A The principal Act is amended by inserting, after Part 7
7A: Occupation of coastal marine area
1: Aquaculture management areas and authorisations
165A: Interpretation
In this subpart and subpart 2, unless the context otherwise requires,— aquaculture agreement section 186ZD of the Fisheries Act 1996 authorisation available space
a: means space vested in the Crown or a regional council that is not the subject of—
i: a coastal permit to occupy space in a coastal marine area for aquaculture activities; or
ii: an authorisation; or
iii: a deemed coastal permit under the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
iv: an application for a coastal permit to occupy space in a coastal marine area for aquaculture activities; or
v: a lease or licence under the Marine Farming Act 1971 section 10 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
vi: a coastal permit, or an application for a coastal permit, to occupy space in an aquaculture management area for activities that are not aquaculture activities; and
b: does not include an actual space (as defined in section 53(12) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 chief executive Minister public notice section 151 trustee section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004
165B: Power of consent authorities to refuse to receive applications for coastal permits
For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit for activities within 1 year after a consent authority has refused to grant an application for a permit for an activity of the same or a similar type in respect of the same space or in respect of space in close proximity to the space concerned. Aquaculture management areas and occupation of coastal marine area
165C: Provisions about aquaculture management areas
1: A regional coastal plan or proposed regional coastal plan—
a: may provide for 1 or more aquaculture management areas in a coastal marine area; and
b: may provide for 1 or more aquaculture management areas in a coastal marine area for the express purpose of providing for the allocation of space to the trustee under section 9 of the Maori Commercial Aquaculture Claims Settlement Act 2004
c: in relation to an aquaculture management area, may—
i: specify the aquaculture activities that may be undertaken; and
ii: specify other activities involving occupation that may be undertaken; and
iii: specify that no application (other than under an authorisation) can be made for a coastal permit to occupy space in an aquaculture management area before a date to be specified in a public notice; and
iv: provide that the consent authority may process and hear together applications for coastal permits for the occupation of—
A: the same space in a coastal marine area; or
B: different spaces in a coastal marine area that are in close proximity to each other; and
v: specify limits on—
A: the character, intensity, or scale of activities associated with occupation of space or the aquaculture management area generally; and
B: the size of space that may be the subject of a coastal permit granted for the purposes of section 12(2)
vi: provide for the management of competition for the occupation of space vested in the Crown or a regional council in an aquaculture management area.
2: A regional coastal plan or proposed regional coastal plan that provides for an aquaculture management area must include provisions to ensure that an aquaculture management area is principally for aquaculture activities.
3: A regional coastal plan or proposed regional coastal plan that provides for an aquaculture management area under subsection (1)(b) section 9 of the Maori Commercial Aquaculture Claims Settlement Act 2004
4: A regional coastal plan or proposed regional coastal plan that provides for aquaculture management areas must be prepared in the manner set out in Schedule 1A
5: To avoid doubt,—
a: subsections (2) and (4)
i: do not apply to a proposed regional coastal plan notified under clause 5 of Schedule 1
ii: do apply to a variation to a proposed regional coastal plan referred to in subparagraph (i)
b: this section applies subject to section 12A
165D: Provisions about occupation of coastal marine area
1: This section applies only in relation to areas in a coastal marine area that are not aquaculture management areas.
2: A regional coastal plan or proposed regional coastal plan may include provisions to address the effects of occupation of a coastal marine area and to manage competition for the occupation of space, including rules specifying—
a: that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice:
b: that the consent authority may process and hear together applications for coastal permits for the occupation of—
i: the same space in a coastal marine area; or
ii: different spaces in a coastal marine area that are in close proximity to each other:
c: limits on—
i: the character, intensity, or scale of activities associated with the occupation of space:
ii: the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.
3: However, a rule made for the purposes of subsection (2)(a) Allocation of space in coastal marine area
165E: Offer of authorisations for available space in aquaculture management area
1: If a regional coastal plan provides for an aquaculture management area, the regional council may, by public notice, offer authorisations for available space in the area for 1 or more aquaculture activities for which the area may be occupied—
a: by public tender, if paragraph (b)
b: by another method, if the plan provides for allocation by another method.
2: Subsection (1) section 165O
3: A regional council must not offer authorisations for available space in an aquaculture management area (for activities that are not aquaculture activities) by public tender or another method unless the regional coastal plan provides for the allocation of authorisations for available space by public tender or the other method.
165F: Offer of authorisations for activities other than aquaculture activities
A regional council may, by. public notice and in accordance with its regional coastal plan, offer authorisations for coastal permits for the occupation of space in the coastal marine area for activities other than aquaculture activities.
165G: Chief executive to be notified of proposed allocation
1: This section applies only in relation to space that is the subject of .a reservation relating to commercial fishing.
2: A regional council must give the chief executive not less than 6 months' notice of—
a: an offer of authorisations under section 165E
b: the date on and from which applications for coastal permits for the occupation of space for aquaculture activities may be made in accordance with the regional coastal plan or this Act:
c: the operative date of the regional coastal plan or a change to a regional coastal plan that provides for an aquaculture management area.
3: A regional council must also give not less than 6 months' public notice of the matters referred to in subsection (2)(a) to (c)
165H: Plan may specify allocation methods
A regional coastal plan or proposed regional coastal plan may provide for a method of allocating space vested in the Crown or a regional council in a coastal marine area.
165I: Duty to adopt most efficient and effective allocation mechanism
1: Before adopting a rule in relation to the method of allocation of space in a coastal marine area, other than as provided for in this Act, a regional council must—
a: have regard to—
i: the reasons for and against adopting the proposed method; and
ii: the principal alternative means available; and
b: be satisfied that the adoption of the proposed method is—
i: necessary in the circumstances of the region; and
ii: the most appropriate for allocation in the circumstances of the region, having regard to its efficiency and effectiveness compared with other methods.
2: Section 32(1) to (3) subsection (1)
3: Subsection (1) section 165O
165J: Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing
1: This section applies to an aquaculture management area to the extent that the area is subject to a reservation relating to commercial fishing.
2: A regional council must not allocate authorisations relating to aquaculture activities in an area subject to a reservation, except to a person specified in a notice given by the chief executive under section 186ZK of the Fisheries Act 1996
3: No person may apply for or be granted a coastal permit to occupy space for aquaculture activities in an aquaculture management area that is subject to a reservation in relation to commercial fishing, except a person specified in a notice given by the chief executive under section 186ZK of the Fisheries Act 1996
4: Before allocating an authorisation referred to in subsection (2)
a: the time for registering aquaculture agreements has expired; and
b: at least 1 aquaculture agreement has been registered.
5: If a coastal permit is granted for the area that is subject to the reservation, the regional council must delete from the regional coastal plan the reservation in relation to the area to which the coastal permit relates.
6: If the chief executive advises the regional council that no aquaculture agreement has been registered in respect of the area or part of the area, the regional council must amend its regional coastal plan by deleting the area or part of the area from the aquaculture management area.
7: If an authorisation lapses under section 165N
8: Schedule 1 and Schedule 1A subsections (5), (6), or (7)
9: This section applies subject to section 14 of the Maori Commercial Aquaculture Claims Settlement Act 2004
165K: Applications not to be made or granted unless applicant holds authorisation
If this Act or a regional coastal plan provides for space in the coastal marine area to be allocated by tender of authorisations or other allocation of authorisations, a person must not apply for, and a consent authority must not grant, a coastal permit authorising occupation of a space in a coastal marine area unless the person is the holder of an authorisation for the space.
165L: Authorisation not to confer right to coastal permit
1: The granting of an authorisation does not confer any right to the grant of a coastal permit in respect of the space that the authorisation relates to.
2: However, if a coastal permit is granted to the holder of an authorisation, the permit must not be granted for a period greater than the period specified in the authorisation.
165M: Authorisation transferable
An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
165N: Authorisation lapses in certain circumstances
1: An authorisation lapses at the close of 2 years after the day on which it is granted unless subsection (3)
2: Subsection (3)
a: before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit in respect of the activity that the authorisation relates to; and
b: on the second anniversary date—
i: no decision has been made by the consent authority on the application; or
ii: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the Court on the appeal.
3: The authorisation does not lapse until—
a: the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
b: an appeal has been lodged and the Court has given its decision on the appeal.
165O: Power of Minister of Conservation to give directions relating to allocation of space
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council—
a: not to proceed with a proposed allocation of space in a coastal marine area; or
b: in proceeding with a proposed allocation of space in a coastal marine area, to give effect to the matters specified in the Order in Council.
2: The Minister may make a recommendation under subsection (1)
a: to give effect to Government policy in the coastal marine area:
b: to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Maori claimants or representative of any group of Maori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992.
3: The matters referred to in subsection (1)(b)
a: the allocation method to be used:
b: the maximum with of a coastal permit available for allocation:
c: the allocation of authorisations relating to specific spaces within a coastal marine area to the Crown.
4: If an Order in Council contains a direction under subsection (3)(a)
a: the relevant proposed plan is notified under clause 5 or clause 26 of Schedule 1
b: the Minister approves the relevant regional coastal plan under clause 19 of Schedule 1
5: If an Order in Council contains a direction under subsection (3)(b) or (c) section 165E(1) or section 165F
6: A regional council must give the Minister of Conservation not less than 4 months' notice of an offer of authorisations under section 165E or section 165F
7: The Minister must not make a recommendation except within 3 months after receiving notification from the regional council under subsection (6)
8: The Order in Council does not affect any allocation of authorisations advertised or a plan approved under clause 19 of Schedule 1 Allocation by offer of authorisations
165P: Public notice of offer of authorisations
1: A notice given under section 165E(1) or section 165F
a: specify the range of activities that the authorisation will apply to after it is issued; and
b: describe the space in the coastal marine area that the authorisation will apply to after it is issued, including the size, shape, and location of the space; and
c: specify the maximum term of the coastal permit; and
d: note whether or not the space is subject to a reservation relating to commercial fishing and, if so, the details of the reservation; and
e: if the space is subject to a reservation relating to commercial fishing, note that only a person who holds a registered aquaculture agreement as specified in a notice given by the chief executive under section 186ZK of the Fisheries Act 1996
f: specify the closing date for offers; and
g: specify the criteria that the regional council will apply in selecting the successful offer; and
h: include details of any direction given under section 165O
i: specify the manner in which offers must be submitted; and
j: specify any charge payable under section 36(ca)
k: specify any other matter that the regional council considers appropriate in the circumstances.
2: If an offer of authorisations is to be by tender, the notice must also—
a: specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
b: specify whether or not there is a reserve price.
3: This section applies subject to an Order in Council made under section 165O
165Q: Requirements for offers
1: An offer for an authorisation must specify—
a: the activity or range of activities in respect of which the authorisation is sought; and
b: the site it applies to.
2: In the case of a tender for authorisations, the tender must also specify—
a: the total remuneration offered (including any annual rental component); and
b: the form of payment of the remuneration.
3: A tender must be accompanied by—
a: a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
b: any additional information specified in the notice calling for tenders.
4: An offer or a tender must be accompanied by any charge payable under section 36(ca)
5: If a tender is accepted under section 165S subsection (2) section 64A
165R: Preferential rights of iwi
1: In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the authorisations.
2: Subsection (1)
a: section 316 of the Ngai Tahu Claims Settlement Act 1998
b: section 119 of the Ngati Ruanui Claims Settlement Act 2003
c: section 79 of the Ngati Tama Claims Settlement Act 2003
3: For the purposes of subsection (1) subsection (2)
4: This section applies subject to section 165J
165S: Acceptance of offer
1: After considering the offers in accordance with the criteria specified under section 165P
a: accept any offer; or
b: reject all offers; or
c: reject all offers and call for new offers; or
d: negotiate with any person who made an offer with a view to reaching an agreement.
2: If the offer is a tender, the regional council may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
3: As soon as practicable after deciding to accept an offer or to reject all offers or after reaching an agreement, the regional council must give written notice of the decision and the reasons for it to every person who made an offer.
4: If an offer is accepted or an agreement is reached, the notice under subsection (3)
165T: Grant of authorisation
If the regional council accepts an offer or reaches an agreement with a person who made an offer under section 165S
165U: Tender money
1: If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity in respect of which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender.
2: The Minister must cause the money to be paid into the Crown Bank Account in accordance with the Public Finance Act 1989
3: If an authorisation granted to a successful tenderer has lapsed under section 165N
4: If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 165Q(3)
5: This section applies subject to section 26 of the Maori Commercial Aquaculture Claims Settlement Act 2004
165V: Use of tender money
The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region.
2: Privately initiated plan changes
165W: Excluded areas
1: A regional council may, by public notice, identify areas in the coastal marine area in its region as excluded areas.
2: Before identifying an excluded area, the regional council must comply with the consultative requirements in clause 3 of Schedule 1
3: To avoid doubt, any consultation under subsection (2) section 186D of the Fisheries Act 1996
165X: Aquaculture management areas may not be established in excluded areas as result of requests for changes
A regional council must not seek nor accept, under this subpart, a request for a change to a regional coastal plan or proposed regional coastal plan from a person wishing to undertake aquaculture activities in any part of the coastal marine area that is an excluded area.
165Y: Request for change may be made only in response to regional council seeking requests
A person may not make a request for change under this subpart except in response to a regional council seeking requests under section 165Z
165Z: Invitation to request change to regional coastal plan or proposed regional coastal plan
1: A regional council may, by public notice, invite any person to request a change to a regional coastal plan or a proposed regional coastal plan to establish an aquaculture management area.
2: Part 2 of Schedule 1 Schedule 1A subsection (1) sections 165ZA to 165ZF
3: If the request relates to a proposed regional coastal plan, then Part 2 of Schedule 1 Schedule 1A
4: For the purpose of carrying out its functions under subsection (1) and clause 25(1) of Schedule 1
165ZA: Adoption of request or part of request for change, and combining requests
1: When considering a request under clause 25 of Schedule 1 clause 25(2)(a) of Schedule 1
a: in allocating space of an economic size to the trustee under section 9 of the Maori Commercial Aquaculture Claims Settlement Act 2004
b: to address more effectively the cumulative effects of aquaculture activities in the areas the requests relate to; or
c: in planning more effectively for aquaculture activities.
2: A regional council may amend a request adopted under subsection (1)
3: If the regional council adopts a request and combines it with any other request or amends the request under subsection (2)
a: the council must specify that part of the available space in the aquaculture management area out of which a person who requested a change is to receive an authorisation under section 165ZF
b: the council may fix a charge under section 36(a)
165ZB: Acceptance of request or part of request for change
1: If the regional council accepts the request under clause 25(2)(b) of Schedule 1 section 165ZF
2: Schedule 1A section 165ZA and clause 25(2)(a) of Schedule 1 clause 25(2)(b) clause 2 of Schedule 1A
3: Sections 186D and 186E of the Fisheries Act 1996 section 165ZA and clause 25(2)(a) of Schedule 1 clause 25(2)(b) of Schedule 1
165ZC: Regional council to notify chief executive of acceptance or adoption of request
As soon as practicable after accepting or adopting a request under clause 25 of Schedule 1
a: the name of the person who requested the change; and
b: a description of the space that the request relates to.
165ZD: Notification of change
When a change is notified under clause 5 or clause 26 of Schedule 1
a: the name of the person who requested the change; and
b: a description of the space in the aquaculture management area out of which the person who requested the change is to receive an authorisation under section 165ZF
165ZE: Rejection of request for change
The regional council may reject a request for a change if—
a: clause 25(4)(a), (b), (c), or (d) of Schedule 1
b: the regional council is preparing a change to establish an aquaculture management area in the same area of its region; or
c: more than 1 person has requested a change to establish an aquaculture management area in the same area of the region and the council has adopted another request.
165ZF: Allocation of authorisations from privately initiated changes
1: This section applies if an aquaculture management area has been included in a regional coastal plan or proposed regional coastal plan as a result of a request for a change made in response to an invitation under section 165Z(1)
2: The regional council must comply with section 9 of the Maori Commercial Aquaculture Claims Settlement Act 2004
3: As soon as practicable after complying with subsection (2)
a: allocate authorisations for the remaining space to the person who requested the change in response to an invitation under section 165Z(1)
b: publicly notify the allocation.
4: To avoid doubt, section 165J(1), (3), and (5) to (9) and sections 165K to 165O section 165Z(1)
3: Order in which applications by existing consent holders are to be processed
165ZG: Application
1: This subpart applies—
a: only to applications and coastal permits for aquaculture activities, that relate to an aquaculture management area; and
b: in relation to such applications made on or after 23 August 2004.
2: However, this subpart does not apply to an application if the relevant plan provides for a method of allocating space used for aquaculture activities at the time of an application for resource consent for aquaculture activities.
165ZH: Processing applications for existing permit holders
1: This section applies if—
a: a person holds—
i: a deemed coastal permit under section 10 or 20 or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
ii: a coastal permit to occupy space for the purpose of aquaculture activities, granted after the commencement of this Part; and
b: the permit referred to in paragraph (a)(i) or paragraph (a)(ii)
i: is in force at the time of any application under subsection (2)
ii: applies in relation to an area located in an aquaculture management area.
2: If the holder of a permit ( existing permit holder section 124
a: the application must be processed and determined before any other application for a coastal permit for the space that the permit applies to; and
b: no other application may be accepted for the space that the application relates to before the determination of the application.
165ZI: Applications for space already used for aquaculture activities
1: This section applies to an application for a coastal permit to carry out aquaculture activities if—
a: the application relates to space that is subject to a permit referred to in section 165ZH
b: the application is made by a person who is not the existing permit holder.
2: The application must be held by the consent authority without processing until 3 months before the expiry of the permit.
3: While the application is being held under subsection (2) subsection (2)
4: After receiving an application referred to in subsection (1)
a: of the application; and
b: that the holder can make an application in accordance with section 124
5: If an application to which section 165ZH(2) section 124 subsection (1)
6: If the application to which section 165ZH(2) subsection (1)
7: If no application to which section 165ZH(2) subsection (2)
8: However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) section 124
165ZJ: Additional criteria for considering applications for permits for space already used for aquaculture activities
1: When considering an application to which section 165ZH(2) or section 165ZI(7) or (8)
a: compliance with the relevant regional coastal plan; and
b: compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant; and
c: the use of current industry good practice for any current aquaculture activities.
2: In making an assessment under subsection (1)(a) and (b) Part 12
a: the number of any breaches that have occurred; and
b: the seriousness of the breach; and
c: how recently the breach occurred; and
d: the subsequent behaviour of the applicant after enforcement action.
21: Existing permissions to become coastal permits
Section 384
5: This section applies subject to section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
22: Right of port companies to occupy coastal marine area
Section 384A(11) occupy
23: Applications for marine farming in coastal marine area
Section 396
24: Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
Section 396A
25: Notification of rule change affecting marine farming
Section 396B
26: Existing applications for marine farming leases
Section 397
27: Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries
Section 398
28: Transitional coastal occupation charges
1: Section 401A(1) 30 June 1999 30 June 2007
2: Section 401A(3) 1 July 1999 1 July 2007
3: Section 401A(4)
a: by omitting the expression 1 July 1999 1 July 2007
b: by omitting the expression 30 June 1999 30 June 2007
29: Obligation to pay coastal occupation charge deemed condition of consent
Section 401B(a) , within the meaning of section 12(4)
30: Certain existing permitted uses may continue
1: Section 418(6)(a)(ii) or any lease or licence described in section 426(1)
2: Section 67(2) (3) Resource Management Amendment Act 1997
31: Leases, licences, and other authorities under
Harbours Act 1950 Section 425
4: This section applies subject to section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
32: Section 426 Section 426
33: New
Schedule 1A The principal Act is amended by inserting, after Schedule 1
34: Resource Management (Forms, Fees, and Procedure) Regulations 2003 Regulation 10(2) Resource Management (Forms, Fees, and Procedure) Regulations 2003 paragraph (f)
f: the Minister of Fisheries, the Minister of Conservation, and the relevant Fish and Game Council, if an application relates to fish farming (as defined in the Fisheries Act 1996 .