Immigration Amendment Act 2013

1: Title
This Act is the Immigration Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Immigration Act 2009 principal Act 2013-06-19 Immigration Act 2009
1: Substantive amendments
4: Section 4 amended (Interpretation)
1: In section 4 mass arrival group section 9A .
2: In section 4 warrant of commitment warrant of commitment
a: means a warrant of commitment issued under section 317, 318, or 323; and
b: includes—
i: a mass arrival warrant issued under section 317B
ii: a further warrant of commitment issued under section 317E(1)(a) .
5: New section 9A inserted (Meaning of mass arrival group)
After section 9
9A: Meaning of mass arrival group
1: In this Act, mass arrival group
a: on board the same craft; or
b: on board the same group of craft at the same time; or
c: on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group.
2: In subsection (1) craft
6: Section 26 amended (How claims and applications for visas and entry permission processed)
1: After section 26(3)
3A: Subsection (3) applies unless regulations made under section 400 require otherwise.
2: In section 26(10)(b) transit visas ; or
3: After section 26(10)(b)
c: regulations made under section 400.
7: New section 135A inserted (Suspension of determination of claim)
After section 135
135A: Suspension of determination of claim
1: This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400.
2: For the duration of the suspension, a refugee and protection officer must not—
a: determine the claim in accordance with sections 136 and 137; or
b: make a decision on the claim in accordance with section 138.
8: Section 140 amended (Limitation on subsequent claims)
1: In section 140(1) as a refugee or a protected person
2: In section 140(1)(b)(ii) section 129 any of sections 129 to 131
3: Replace section 140(3)(b)
b: repeats any claim previously made (including a subsequent claim).
9: Section 233 replaced (When Tribunal must or may provide oral hearing)
Replace section 233
233: When Tribunal must or may provide oral hearing
1: The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident.
2: The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation.
3: The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless—
a: the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and
b: the Tribunal considers that the appeal or other contention of the person—
i: is prima facie manifestly unfounded or clearly abusive; or
ii: relates to a subsequent claim for refugee or protection status.
4: The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.
10: Section 249 amended (Restriction on review)
Replace section 249(1)
1: No review proceedings may be brought in any court in respect of a decision where the decision (or the effect of the decision) may be subject to an appeal to the Tribunal under this Act unless an appeal is made and the Tribunal issues final determinations on all aspects of the appeal.
1A: No review proceedings may be brought in any court in respect of any matter before the Tribunal unless the Tribunal has issued final determinations in respect of the matter.
1B: Review proceedings may then only be brought in respect of a decision or matter described in subsection (1) or (1A)
1C: In determining whether to grant leave for the purposes of this section, the court to which the application for leave is made must have regard to—
a: whether review proceedings would involve issues that could not be adequately dealt with in an appeal against the final determination of the Tribunal; and
b: if paragraph (a)
11: Section 307 amended (Purpose of Part)
In section 307
2: The purposes of the warrant of commitment regime for members of a mass arrival group under this Part are—
a: to provide a practicable and administratively workable time period within which arrival processing of the mass arrival group can be completed; and
b: to provide a practicable and administratively workable time period within which any threat or risk to security or to the public arising from, or that may arise from, the members of the mass arrival group, whether collectively or individually, may be properly assessed; and
c: to avoid disrupting the efficient functioning of the Department, the courts, or any prison or premises identified in a relevant warrant of commitment.
12: New sections 317A to 317E inserted
After section 317
317A: Application for mass arrival warrant
1: An immigration officer may apply to a District Court Judge for a warrant of commitment authorising the detention, for a period of not more than 6 months, of the members of a mass arrival group (a mass arrival warrant
a: the warrant is necessary—
i: to effectively manage the mass arrival group; or
ii: to manage any threat or risk to security or to the public arising from, or that may arise from, 1 or more members of the mass arrival group; or
iii: to uphold the integrity or efficiency of the immigration system; or
iv: to avoid disrupting the efficient functioning of the District Court, including the warrant of commitment application procedure; and
b: the members of the mass arrival group are detained in custody under this Part; and
c: it becomes apparent that, before the expiry of the period for which detention is authorised, 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply to each member of the mass arrival group.
2: Every application under this section must—
a: be made on oath; and
b: include—
i: the number of persons to whom the warrant is to apply; and
ii: identity information in respect of each of the persons; and
iii: particulars of the craft, or of each of the group of craft, on which the persons arrived (if known); and
iv: a description of the circumstances in which the craft, or the group of craft, arrived; and
c: include a statement of—
i: why the warrant is necessary in terms of subsection (1)(a)
ii: how subsection (1)(c)
3: An application under this section may, but is not required to, include any other supporting evidence or information relating to the members of the mass arrival group.
4: The Judge must determine an application under section 317B
5: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.
6: In subsection (2)(b)(ii) identity information
a: a name of the person (which may be the name that the person is known by or a name assigned to the person):
b: biometric information in relation to the person:
c: a physical description of the person.
317B: Decision on application for mass arrival warrant
1: On an application for a mass arrival warrant under section 317A
a: if satisfied of the matters in subsection (2) subsection (3)
b: if not satisfied of the matters in subsection (2) subsection (4)
2: The matters are that—
a: the application relates to a mass arrival group; and
b: the warrant is necessary for 1 or more of the reasons stated in section 317A(1)(a)
c: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply in respect of each member of the mass arrival group; and
d: the requirements of section 317A(2)(a) to (c)
3: The Judge must issue the warrant in the prescribed form authorising the detention of each member of the mass arrival group in a place or the places named in the warrant—
a: for the period sought in the application; or
b: for a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
i: the reasons for the necessity of the warrant in terms of section 317A(1)(a)
ii: the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each member of the mass arrival group.
4: The Judge must—
a: treat the application as if it were applications made under section 316 in respect of each member of the mass arrival group; and
b: determine the applications in accordance with subsection (3) of that section.
317C: Variation of mass arrival warrant
1: If a mass arrival warrant is issued under section 317B section 317A
2: Every application under this section must—
a: be made on oath; and
b: include—
i: a copy of the original application and warrant; and
ii: identity information (within the meaning of section 317A(6)
iii: a statement of how section 317A(1)(c)
3: On an application under this section, a District Court Judge must,—
a: if satisfied of the matters in subsection (4) subsection (5)
b: if not satisfied of the matters in subsection (4) subsection (6)
4: The matters are that—
a: the persons are members of the mass arrival group; and
b: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply in respect of each of those persons; and
c: the requirements of subsection (2)
5: The Judge must vary the existing warrant to include the persons specified in the application, but must not extend the period of the warrant.
6: The Judge must—
a: treat the application as if it were applications made under section 316 in respect of each person the immigration officer has sought to be included in the mass arrival warrant; and
b: determine the applications in accordance with subsection (3) of that section.
7: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a variation of a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.
317D: District Court may impose reporting requirements
1: When issuing a mass arrival warrant under section 317B section 317C section 317A(1)(a)
2: A District Court Judge may shorten the period of a mass arrival warrant or a varied mass arrival warrant, and vary the warrant accordingly, if, after receiving a report, he or she is satisfied that those reasons will no longer apply after the expiry of the shortened period.
317E: Application for further warrant of commitment in respect of mass arrival group
1: An immigration officer may apply to a District Court Judge for a further warrant of commitment authorising the continued detention of—
a: all or specified members of a mass arrival group, as members of a mass arrival group; or
b: 1 or more members of a mass arrival group as individuals.
2: An application for a further warrant of commitment under subsection (1)(a)
a: comply with section 317A(2)
b: be determined by a District Court Judge in accordance with section 317B
3: An application for a further warrant of commitment under subsection (1)(b)
4: If a member of a mass arrival group is dealt with under subsection (3)
a: he or she—
i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.
5: Subsection (4)(a)
13: Section 324 amended (Review of warrant of commitment or release on conditions)
1: In section 324
1AA: In this section, warrant of commitment
a: a mass arrival warrant issued under section 317B
b: a further warrant of commitment issued under section 317E(1)(a)
2: In section 324(6) in accordance with having regard to
14: New section 324A inserted (Review of mass arrival warrant)
After section 324
324A: Review of mass arrival warrant
1: In this section, warrant of commitment
a: a mass arrival warrant issued under section 317B
b: a further warrant of commitment issued under section 317E(1)(a)
2: At any stage during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant for either or both of the following reasons:
a: to shorten the period that the warrant applies:
b: to provide for 1 or more persons detained under the warrant to be detained in a place or places other than the place or places currently specified in the warrant for those persons.
3: An application made under subsection (2)
a: be made on oath; and
b: include—
i: a copy of the warrant to be varied; and
ii: a statement of the reasons for the application.
4: On an application under subsection (2)(a)
a: to the period sought in the application; or
b: to a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
i: the reasons for the necessity of the warrant in terms of section 317A(1)(a)
ii: the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each person subject to the varied warrant.
5: On an application under subsection (2)(b)
6: At any stage during the currency of a warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for—
a: a warrant of commitment for the individual as an individual; or
b: an order that the individual be released on conditions under section 320; or
c: an order that the individual be released.
7: An application for a warrant of commitment under subsection (6)(a)
8: An application for release on conditions under subsection (6)(b)
9: If a member of a mass arrival group is dealt with under subsection (6)
a: he or she—
i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.
10: Subsection (9)(a)
15: Section 343 amended (Aiding and abetting)
1: In section 343(1)(b) (by arriving in New Zealand in a manner that does not comply with section 103 or by arriving in New Zealand without holding a visa where the other person requires a visa to travel to New Zealand)
2: After section 343(2)
3: For the purposes of subsection (1)(b), a person unlawfully enters New Zealand if the person—
a: arrives in New Zealand in a manner that does not comply with section 103; or
b: arrives in New Zealand without holding a visa, if the person requires a visa to travel to New Zealand; or
c: arrives in New Zealand as the holder of a visa but the visa was—
i: granted in a false identity; or
ii: procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or
d: is granted a visa on arrival in New Zealand but the visa is—
i: granted in a false identity; or
ii: procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or
e: is granted entry permission but the entry permission is—
i: granted on the basis of a visa granted in a false identity; or
ii: procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or
f: enters New Zealand in any other manner and, in doing so, does not comply with the requirements of this Act.
4: To avoid doubt, a person unlawfully enters New Zealand within the meaning of subsection (3)
16: Section 403 amended (Regulations in respect of refugee and protection matters)
1: After section 403(k)
ka: specify, by reference to 1 or both of the following matters, the claims that a refugee and protection officer must not process or determine or make a decision on under sections 136 to 138:
i: common circumstances or common characteristics of the claims:
ii: common circumstances or common characteristics of the claimants making the claims: .
2: In section 403
2: No regulations may be made under section 400 in respect of the matters specified in subsection (1)(ka)
a: has recommended the making of the regulations to the Governor-General; and
b: before doing so, is satisfied that the regulations are necessary for 1 or both of the following reasons:
i: there are problems in accessing information or assessing information that is relevant to determining or making a decision on the claims to be specified in the regulations:
ii: the circumstances to which the claims to be specified in the regulations relate, or the circumstances of the claimants making those claims, are otherwise of a nature, or subject to such a degree of change or uncertainty, that determination or decision of the claims under sections 136 to 138 is unlikely to produce a robust outcome.
3: Regulations made under section 400 in respect of the matters specified in subsection (1)(ka)
a: are deemed to be revoked on the date that is 6 months after their commencement or on any earlier date specified in the regulations; and
b: have no continuing effect after the date on which they expire.
2: Consequential amendments
17: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 1
18: Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010
1: This section amends the Immigration (Certificate and Warrant Forms) Regulations 2010
2: After regulation 6(2)
3: A warrant of commitment issued by a District Court Judge under section 317B(3) or 317E(1)(a) form 5
3: In the Schedule form 4 Schedule 2 2013-06-19 Immigration (Certificate and Warrant Forms) Regulations 2010


Local Electoral Amendment Act 2013

1: Title
This Act is the Local Electoral Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act
This Part amends the Local Electoral Act 2001 principal Act 2013-06-29 Local Electoral Act 2001
4: Section 5 amended (Interpretation)
1: In section 5(1) anonymous
2: In section 5(1) allotment candidate
a: means a person who has been nominated as a candidate in any election; and
b: includes, in Parts 5 and 5A .
3: In section 5(1) nomination day 50th 57th
5: Section 15 amended (General duties of electoral officer)
In section 15(2)(g) electoral donations and
6: Section 19H amended (Review of representation arrangements for elections of territorial authorities)
1: Replace section 19H(2)(b)
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2: After section 19H(2)
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA)
7: Section 19I amended (Review of representation arrangements for elections of regional councils)
1: Replace section 19I(2)(b)
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2: After section 19I(2)
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA)
8: New sections 19JA and 19JB inserted
After section 19J
19JA: Minor alterations to boundaries by territorial authority
1: A territorial authority may, in accordance with this section, determine by resolution new proposed boundaries of wards, communities, or subdivisions of communities of the district of the territorial authority.
2: The territorial authority must be satisfied that,—
a: since the existing boundaries of the wards, communities, or subdivisions of communities took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
b: the proposed boundaries of the wards, communities, or subdivisions constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the wards, communities, or subdivisions coincide with the boundaries of allotments; and
e: so far as is practicable, ward boundaries coincide with community boundaries (if applicable).
3: Every meeting at which the territorial authority deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.
4: The territorial authority must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the district or community, and the proposed wards, communities, or subdivisions, that is held by the territorial authority and is necessary for the purposes of subsection (6).
5: However, the territorial authority must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the wards, communities, or subdivisions.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.
10: Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.
11: A territorial authority must not use this section if the territorial authority—
a: is required to make a resolution under section 19H before the next triennial general election; or
b: has, since the last triennial general election, made a resolution under section 19H; or
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).
19JB: Minor alterations to boundaries by regional council
1: A regional council may, in accordance with this section, determine by resolution new proposed boundaries of constituencies of the region of the regional council.
2: The regional council must be satisfied that,—
a: since the existing boundaries of the constituencies took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
b: the proposed boundaries of the constituencies constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the constituencies coincide with the boundaries of allotments; and
e: so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.
3: Every meeting at which the regional council deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.
4: The regional council must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the region, and the proposed constituencies, that is held by the regional council and is necessary for the purposes of subsection (6).
5: However, the regional council must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the constituencies.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.
10: Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.
11: A regional council must not use this section if the regional council—
a: is required to make a resolution under section 19I before the next triennial general election; or
b: has, since the last triennial general election, made a resolution under section 19I; or
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).
9: Section 19K amended (Requirements for resolution)
Before section 19K(1)
1AA: A resolution under section 19H, 19I, or 19J that affects the next triennial general election of members of a territorial authority, regional council, or community board must be passed no earlier than 1 March of the year before the year of the election.
10: Section 19L amended (Distribution of copies of resolution)
Replace section 19L(a)(iv)
iv: the Remuneration Authority; and .
11: Section 19N amended (Response to submissions)
1: After section 19N(2)(b)
ba: specify the communities of interest considered by the territorial authority (as required by sections 19T and 19V) or regional council (as required by sections 19U and 19V); and
bb: specify the ratio of population to proposed members for each proposed ward, constituency, or subdivision, and the reasons for those proposals in terms of section 19V(2) and, if applicable, section 19V(3); and .
2: Replace section 19N(3)(a)(iv)
iv: the Remuneration Authority; and .
12: Section 19S amended (Determination of Commission)
In section 19S(2)(c) the Higher Salaries Commission or
13: Section 19V amended (Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions)
1: Replace section 19V(3)(a)
a: if the territorial authority or the Commission considers that 1 or more of the following apply, wards and subdivisions of a community may be defined and membership distributed between them in a way that does not comply with subsection (2):
i: non-compliance with subsection (2) is required for effective representation of communities of interest within island communities or isolated communities situated within the district of the territorial authority; or
ii: compliance with subsection (2) would limit effective representation of communities of interest by dividing a community of interest between wards or subdivisions; or
iii: compliance with subsection (2) would limit effective representation of communities of interest by uniting within a ward or subdivision 2 or more communities of interest with few commonalities of interest: .
2: In section 19V(4) (3)(b) (3)
3: In section 19V(4), (5), and (6)(a), before regional council territorial authority or
14: Section 19Y amended (When determinations take effect)
In section 19Y(2)(a)(iv) the Higher Salaries Commission or
15: Section 19ZI amended (Guidelines in relation to reviews of representation)
1: In the heading to section 19ZI representation or minor alterations to boundaries
2: In section 19ZI(1) 19J 19JB
16: Section 55 amended (Nomination of candidates)
1: Replace section 55(2)(e)
e: the electoral officer receives the deposit prescribed for the applicable class of elections; and
f: the electoral officer receives the following together:
i: the nomination paper required by subsection (1):
ii: the consent and certification required by paragraph (a):
iii: the deposit required by paragraph (e).
2: Replace section 55(3)
3: The consent and certification required by subsection (2)(a) may be given in a manner other than in writing that is approved by the electoral officer, if the person nominated is outside New Zealand.
17: Section 59 amended (Forfeiture of deposit and refund of deposit)
1: Replace section 59(2)(a)(i)
i: withdraws his or her nomination before the close of nominations; or
ia: has his or her nomination cancelled because of incapacitation (certified by a medical practitioner) after the close of nominations but before the close of voting; or .
2: Replace section 59(2)(b)
b: the candidate (other than a candidate who dies before the close of voting) complies with section 112A
18: Section 61 amended (Candidate profile statements)
1: Replace section 61(2)(b)
b: must be provided to the electoral officer, together with the nomination paper and other things referred to in section 55(2)(f); and .
2: After section 61(2)(c)
ca: must state whether or not the candidate's principal place of residence, being the address in respect of which the candidate is registered as a parliamentary elector, is in the local government area for which the candidate seeks election (for example, either My principal place of residence is in the Lambton Ward My principal place of residence is not in the Lambton Ward
cb: if the candidate is seeking election to any other positions in elections to which this Act applies (under section 7), must specify each position and state that the candidate is seeking to be elected to the positions; and .
3: After section 61(2)
2A: The information required by subsection (2)(ca) and (cb) does not count for the purposes of the word limit under subsection (2)(a).
19: Section 65 amended (Further notice to electors of election or poll)
Repeal section 65(2)(da)
20: Cross-heading above section 69 replaced
Replace the cross-heading above section 69 Death, incapacity, or invalid or cancelled nominations of candidates .
21: Section 69 replaced (Candidate may retire after close of nominations)
Replace section 69
69: Application for cancellation of nomination if candidate incapacitated after close of nominations
1: An application may be made for the cancellation of the nomination of a candidate if the candidate becomes incapacitated after the close of nominations but before the close of voting.
2: The application must be made to the electoral officer by—
a: the 2 electors who nominated the candidate; or
b: if 1 or both electors are unavailable or unable to act for any reason, a person with authority to act on the candidate's behalf.
3: The application must be made on a form provided by the electoral officer, and must be witnessed by a Justice of the Peace or a solicitor.
4: The application must be accompanied by a certificate signed by a medical practitioner that certifies—
a: as to the candidate's condition; and
b: that, in the practitioner's opinion, the candidate is incapacitated.
5: The application must be submitted to the electoral officer—
a: as soon as practicable after the candidate becomes incapacitated; and
b: before the close of voting.
6: The application may be submitted by hand, post, fax, or electronic transmission.
7: In this section,— incapacitated medical practitioner
69A: How application for cancellation of nomination dealt with
1: On receiving an application under section 69, the electoral officer must promptly determine whether the candidate became incapacitated (as defined by section 69(7)) after the close of nominations but before the close of voting.
2: For the purposes of making the determination, the electoral officer may make any inquiries, and seek any assistance (including expert medical assistance), that the electoral officer considers necessary.
3: If, before the close of voting, the electoral officer determines that the candidate became incapacitated as described in subsection (1), the electoral officer must cancel the candidate's nomination.
4: If the electoral officer has not made a determination before the close of voting, the application is to be treated as having been declined.
5: As soon as practicable after making a determination, the electoral officer must inform the applicant of the determination.
22: Section 71 amended (Retirement, death, incapacity, or invalid nomination of candidate)
1: Replace the heading to section 71 Death, incapacity, or invalid or cancelled nomination of candidate
2: Replace section 71(1)(a)
a: the electoral officer has cancelled under section 69A a candidate's nomination in any election; or .
3: In section 71(2) retirement, death, incapacity, or the invalid nomination death, incapacity, or invalid or cancelled nomination
4: In section 71(3) and (4) retirement, death, incapacity, or invalid nomination death, incapacity, or invalid or cancelled nomination
5: In section 71(5) and (6) retired, deceased, or incapacitated candidate, or for a candidate whose nomination is invalid deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled
23: Section 72 amended (If election becomes unnecessary)
In section 72(1) retirement, death, incapacity, or invalid nomination death, incapacity, or invalid or cancelled nomination
24: New section 73A inserted (Adjournment of electoral processes)
After section 73
73A: Adjournment of electoral processes
1: The Governor-General may, by Order in Council made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of 1 or more local authorities and community boards:
a: the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:
b: the nomination day:
c: the polling day:
d: the date by which anything else may or must be done under this Act or regulations made under this Act.
2: The Order in Council must be made in the year in which the triennial general election is to be held.
3: A date specified by the Order in Council must be no more than 6 weeks after the date that would otherwise have applied.
4: A date may be specified by the Order in Council only if the order commences on or before the date that would otherwise have applied.
5: The Order in Council must be made on the recommendation of the Minister.
6: Before recommending the making of the Order in Council, the Minister—
a: must be satisfied, on reasonable grounds, that the order is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)(a) to (d) do not deny electors a reasonable opportunity to cast a valid vote, nominate a candidate, or accept nomination as a candidate in relation to the election; and
b: must have consulted every local authority and electoral officer that will be affected.
7: Upon the commencement of an Order in Council made under this section,—
a: a date specified in the order has effect in relation to the triennial general election of members of the 1 or more local authorities and community boards to which the order applies; and
b: this Act and any regulations made under this Act apply to the election with any necessary modifications.
8: The electoral officer must, as soon as practicable, give public notice of every change of date made by the Order in Council, and may give any other notice that the electoral officer considers desirable.
25: Section 75 amended (What voting documents for election must contain)
1: In section 75(2)(f) may be ; and
2: After section 75(2)(f)
g: a warning describing the offences that a person may commit under sections 122(1)(a), 123(1)(c), and 124(b).
26: Section 76 amended (What voting documents for polls must contain)
1: In section 76(2)(d) may be ; and
2: After section 76(2)(d)
e: a warning describing the offences that a person may commit under sections 122(1)(a), 123(1)(c), and 124(b).
27: Section 79 repealed (Early processing of votes)
Repeal section 79
28: Section 80 amended (Processing before close of voting)
Replace section 80(1)
1: The electoral officer may, at his or her discretion, process during the voting period and in the prescribed manner any voting documents received before the close of voting for any election or poll.
29: Part 5 heading replaced
Replace the Part 5
5: Electoral donations and expenses
.
30: New subpart 1 of Part 5 and subpart 2 of Part 5 heading inserted
After the Part 5
1: Electoral donations
103A: Interpretation
In this subpart and subpart 3 anonymous
a: does not know the identity of the donor; and
b: could not, in the circumstances, reasonably be expected to know the identity of the donor contribution
a: was given—
i: to the donor; or
ii: to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through 1 or more intermediaries, trustees, or nominees); and
b: would have been a donation if it had been given directly to the candidate; and
c: was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor
a: beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or
b: provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions donor electoral donation donation
a: includes,—
i: where goods or services are provided to a candidate, or to any person on the candidate's behalf, under a contract or an arrangement at a value that is less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and
ii: where goods or services are provided by a candidate under a contract or an arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and
b: excludes—
i: the labour of any person that is provided to a candidate free of charge by that person; and
ii: goods or services provided free of charge to a candidate, or to any person on the candidate's behalf, that have a reasonable market value of $300 or less receive
a: the donor directly; or
b: the donor indirectly, via a transmitter transmitter 1993 No 87 s 207
103B: Donations and contributions include GST
All references to the amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or services donated or contributed. 1993 No 87 s 207A
103C: Donations to be transmitted to candidate
Every person, other than a candidate, to whom an electoral donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. 1993 No 87 s 207B(1)
103D: Contributors to be identified
1: This section applies to a donation (other than an anonymous donation) that is made up of, includes, or is wholly or partly funded from 1 or more contributions.
2: If this section applies to a donation, the donor must, at the time of making the donation, disclose—
a: the fact that the donation is funded from contributions; and
b: the following information about any contribution that, either on its own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
c: the total of all of the amounts disclosed under paragraph (b)(iii)
d: the total of all of the other contributions made in relation to the donation.
3: A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2)
4: For the purpose of section 112A subsection (3) 1993 No 87 s 207C
103E: Offence relating to contravention of section 103D
A donor who fails to comply with section 103D 1993 No 87 s 207D
103F: Identity of donor to be disclosed by transmitter, if known
1: When a transmitter transmits a donation to a candidate on behalf of the donor, the transmitter must disclose to the candidate—
a: the fact that the donation is transmitted on behalf of the donor; and
b: the name and address of the donor; and
c: whether section 103D subsection (2)
2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1) 1993 No 87 s 207E
103G: Offence relating to contravention of section 103F
A transmitter who fails to comply with section 103F(1) 1993 No 87 s 207F
103H: Disclosure of identity of donor
If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous donation exceeding $1,500, the person must disclose the identity of the donor to the candidate. 1993 No 87 s 207G(1)
103I: Offence relating to contravention of section 103H
A person who fails to comply with section 103H 1993 No 87 s 207H
103J: Anonymous donation may not exceed $1,500
1: If an anonymous donation exceeding $1,500 is received by a candidate in relation to an election campaign, the candidate must, within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
2: If an anonymous donation exceeding $1,500 is received by a candidate who is seeking election to more than 1 office, the candidate must—
a: designate 1 election campaign for election to 1 office for which the donation will be used; and
b: within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
3: An electoral officer who receives an amount under subsection (1) or (2)
a: issue a receipt to the candidate; and
b: pay the amount into the general fund of the local authority that appointed the electoral officer. 1993 No 87 s 207I(1)
103K: Offence relating to contravention of section 103J
1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 103J(1) or (2)
2: A candidate who contravenes section 103J(1) or (2) 1993 No 87 s 207J
103L: Records of electoral donations
1: A candidate must keep proper records of all donations received by him or her.
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 207M
2: Electoral expenses
.
31: Section 104 amended (Interpretation)
1: In section 104 In this Part In this subpart and subpart 3
2: In section 104 electoral donation
3: In section 104 electoral expenses person ; and
4: In section 104 electoral expenses
h: does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an advertisement is displayed .
32: Section 105 amended (Periods for claiming and paying expenses)
After section 105(2)
3: A person who makes a payment in breach of this section commits an offence and is liable on conviction to a fine not exceeding $5,000.
33: Sections 109 and 110 repealed
Repeal sections 109 110
34: New section 112AA inserted (Offence to pay electoral expenses in excess of relevant prescribed maximum)
After section 112
112AA: Offence to pay electoral expenses in excess of relevant prescribed maximum
1: This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the relevant maximum amount prescribed by section 111.
2: The candidate or person commits an offence and is liable on conviction—
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she knew the payment was in excess of the relevant prescribed maximum amount; or
b: to a fine not exceeding $5,000 in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the relevant prescribed maximum amount.
35: New subpart 3 of Part 5 inserted
After section 112AA
3: Return of electoral donations and expenses
112A: Return of electoral donations and expenses
1: Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must file a return of electoral donations and expenses.
2: However, in any case where a candidate is outside New Zealand on the day on which the successful candidates are declared to be elected ( election result day
3: The return of electoral donations and expenses must set out—
a: the details specified in subsection (4) paragraph (c)
b: whether any donation is funded from contributions, and if so, and to the extent known or ascertainable from the information supplied under section 103D subsection (5)
c: the details specified in subsection (6)
d: details of the candidate's electoral expenses.
4: The details referred to in subsection (3)(a)
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and
d: the date the donation was received or, in the case of aggregated donations, the date that each donation was received.
5: The details referred to in subsection (3)(b)
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions.
6: The details referred to in subsection (3)(c)
a: the date the donation was received; and
b: the amount of the donation; and
c: the amount paid to the electoral officer under section 103J(1) or (2)
7: Every return filed under this section must be in the form prescribed in Schedule 2
8: It is the duty of every electoral officer to ensure that this section is complied with.
9: In this section, file 1993 No 87 s 209
112B: Nil return
If a candidate considers that there is no relevant information to disclose under section 112A 1993 No 87 s 209A
112C: Failure to file return of electoral donations and expenses
A candidate who fails, without reasonable excuse, to comply with section 112A
a: a fine not exceeding $1,000; and
b: if he or she has been elected to office, a further fine not exceeding $400 for every day that he or she continues to hold office until the return is filed.
112D: Filing a false return of electoral donations and expenses
A candidate who files a return under section 112A
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she filed the return knowing it to be false in any material particular; or
b: to a fine not exceeding $5,000 in any other case, unless the candidate proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure the information in the return was accurate.
112E: Obligation to retain records necessary to verify return
1: A candidate must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a return under section 112A
2: The records, documents, and accounts must be retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or to any matter to which the return relates.
3: A candidate who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 209C
112F: Return of electoral donations and expenses to be open for public inspection
1: The electoral officer must keep every return filed under section 112A public inspection period
2: During the public inspection period the electoral officer must—
a: publish, electronically or in any other manner the electoral officer considers appropriate, every return filed under section 112A
b: make available for public inspection a copy of every return filed under section 112A
c: provide to any person upon request a copy of 1 or more returns filed under section 112A
36: New Part 5A heading inserted
Before section 113
5A: Electoral advertising
.
37: Section 113 amended (Advertisements for candidates)
After section 113(5)
6: A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
38: Section 115 amended (When members come into office)
Replace section 115(1) and (2)
1: Candidates at a triennial general election who are declared to be elected come into office on the day after the day on which the official result of the election is declared by public notice under section 86.
39: Section 132 and cross-heading repealed
Repeal section 132
40: Sections 133 to 136 repealed
Repeal sections 133 to 136
41: Section 138 replaced (Duty to take action in respect of offences)
Replace section 138
138: Duty to take action in respect of offences
1: Subsection (2)
a: receives a written complaint that an offence has been committed under—
i: Part 5; or
ii: this Part; or
b: believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a)
2: If this subsection applies, the electoral officer must—
a: report the complaint or belief to the Police; and
b: provide the Police with the details of any inquiries that he or she considers may be relevant.
3: Subsection (2)
4: Despite subsection (2) section 112A
138AA: Time limit for prosecutions
1: A prosecution under section 112C
2: A prosecution under section 103K or 112D
a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but
b: not later than 3 years after the offence was committed.
42: Schedule 1A amended
In Schedule 1A, clause 1(2)(b)(ii) are to be elected separately ; and
43: Schedule 2 replaced
Replace Schedule 2 Schedule 2 Schedule 1
44: Transitional provision for representation review processes
1: This section applies if a resolution under section 19H 19I 19J 19N section 19R
2: The principal Act applies in relation to the resolution or determination as if section 19V
45: Transitional provision for donations received before commencement of Act
For the purposes of the next triennial general election held after the commencement of this Act,—
a: the following provisions of the principal Act do not apply to anonymous donations received before the commencement of this Act:
i: paragraph (b) of the definition of anonymous section 103A
ii: sections 103C to 103K
iii: section 112A(6)(a) and (c)
b: the following sections of the principal Act do not apply to donations received by a candidate before the commencement of this Act:
i: section 103B
ii: section 103D
iii: section 103F(1)(c)
iv: section 103G
v: section 103L
vi: section 112A(3)(b), (4)(d), and (5)
vii: section 112E
c: the definition of candidate in section 5(1)
2: Amendments to regulations
46: Amendments to Local Electoral Regulations 2001
1: This Part amends the Local Electoral Regulations 2001
2: Amend the Local Electoral Regulations 2001 Schedule 2 2013-06-29 Local Electoral Regulations 2001


1: Title
This Act is the Appropriation (2012/13 Supplementary Estimates) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 9 Schedule 3 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2013.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and an Office of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2013 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and
c: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
d: list appropriations that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— scope shown in the Supplementary Estimates
a: for each multi-class output expense appropriation under section 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 7 8 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 9 Type, Title, Scope and Period of Appropriations Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2013 this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations additional to, or in reduction of, other appropriations
1: The appropriations authorised by sections 7 8 Appropriation (2012/13 Estimates) Act 2012
2: The appropriations authorised by section 9 multi-year appropriations
7: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1)
a: either—
i: the amount authorised by the Appropriation (2012/13 Estimates) Act 2012 column 4 of Schedule 1
ii: if no amount was authorised by the Appropriation (2012/13 Estimates) Act 2012 column 4 of Schedule 1
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1)
a: the amount authorised by the Appropriation (2012/13 Estimates) Act 2012 column 4 of Schedule 2
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for—
a: each of the categories of output expenses set out in column 3 of Schedule 3
b: each of the categories of other expenses set out in column 3 of Schedule 3
c: each of the categories of capital expenditure set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1)
a: the period specified in column 4 of Schedule 3
b: either—
i: the amount authorised by the previous authorities specified in column 6 of Schedule 3 column 5 of Schedule 3
ii: if no previous authority is specified in column 6 of Schedule 3 column 5 of Schedule 3
c: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
4: The authority to incur expenses provided by the appropriation under section 9 Historical Treaty of Waitangi Settlements 2012-2016
5: The authority to incur expenses provided by the appropriation under section 9 Upgrading and Promoting the Consumer Powerswitch Website
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 4
a: column 3
b: column 8
c: column 9
11: Appropriations subject to section 32A of Public Finance Act 1989
The appropriations listed in Schedule 5
a: are appropriations for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A


1: Title
This Act is the Imprest Supply (First for 2013/14) Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Repeal of this Act
1: Sections 6 7 10
2: The rest of this Act is repealed on the close of 30 June 2014. 2013-08-30 Imprest Supply (First for 2013/14) Act 2013 Section 3(1) —This is an approximate date to when (pco 17473) comes into force which repeals section 6,7 and 10 of this Act. If it has you will need to compile this Act. If it hasn't change amends date to 2013–09–30. Spoke to Michelle for us to put a date in so we don't miss the compilation. (PGJ 2–July–2013) 2014-07-01 Imprest Supply (First for 2013/14) Act 2013 Section 3(2) — The rest of this Act is repealed on the close of 30 June 2014. NB: On 1 July 2014, please also check to see if sections 6, 7 and 10 are repealed (as per section 3(1)) (Peter).
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2013/14 year in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2012/13 Supplementary Estimates) Act 2013
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2013/14 year department section 2(1) expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements responsible Minister Vote section 2(1)
6: Authority to incur expenses
Section 6 repealed 13 August 2013 section 3(1)
7: Authority to incur capital expenditure
Section 7 repealed 13 August 2013 section 3(1)
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2013/14 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority under this Act is authority for purposes of sections 4(1) and 26C(1) of Public Finance Act 1989
1: The authority given by this Act to incur expenses or capital expenditure in advance of appropriation is an authority under an Act for the purposes of sections 4(1) 26C(1)
2: However, subsection (1) does not apply to expenses or capital expenditure for which no appropriation is made in accordance with section 8(1)
10: Authority to exceed net assets confirmed in Appropriation Act
Section 10 repealed 13 August 2013 section 3(1)


Legal Services Amendment Act 2013

1: Title
This Act is the Legal Services Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent. Section 2 brought into force 2 September 2013 clause 2 Legal Services Amendment Act 2013 Commencement Order 2013
3: Principal Act amended
This Act amends the Legal Services Act 2011 OIC SR 2013/308 2013-09-02 Legal Services Act 2011 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Interpretation
1: The definition of prescribed repayment amount section 4(1) sections 19(1) and 20 sections 20(1) and 21
2: Section 4(1) specified application
a: under section 47 in respect of certain proceedings before the Waitangi Tribunal; or
b: by a patient or proposed patient in respect of proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
c: by a care recipient or proposed care recipient in respect of proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
d: in respect of proceedings under the Protection of Personal and Property Rights Act 1988; or
e: by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
iii: any victims' claims proceedings; or
f: to enable—
i: a person to apply for a protection order under Part 2 of the Domestic Violence Act 1995, or an order relating to property under Part 3 of that Act; or
ii: a person who has applied for an order described in subparagraph (i) to appeal, or respond to an appeal, against the determination of the person's application; or
g: in respect of a proceeding under Part 2 or 3A of the Children, Young Persons, and Their Families Act 1989; or
h: in respect of a proceeding that is specified in section 7(1)(j) to (n) and that involves, or is connected with, the recognition of a person as a refugee or protected person user charge section 18A
5: Proceedings for which legal aid may be granted: criminal matters
Section 6
c: proceedings before the New Zealand Parole Board that—
i: are held under section 27, 65, or 107 of the Parole Act 2002 (which relate to postponement orders, recall orders, and orders under section 107 of that Act); or
ii: otherwise concern an offender who is entitled, under section 49(3)(c) of the Parole Act 2002, to be represented by counsel in the proceeding:
d: proceedings in the High Court on an application under section 68 of the Parole Act 2002 (which relates to appeals against postponement orders, section 107 orders, and final recall orders).
6: When legal aid may be granted: civil matters
1: Section 10
2: The Commissioner must refuse to grant legal aid to an applicant whose income or disposable capital exceeds the relevant maximum level prescribed in regulations, unless the Commissioner is satisfied that there are special circumstances, having regard to—
a: the likely cost of the proceedings to the applicant; and
b: the applicant’s ability to fund the proceedings if legal aid is not granted.
2A: However, in the case of an application that comes within any of paragraphs (b) to (d) and (f) to (h) of the definition of specified application in section 4(1), it is sufficient, for the purposes of subsection (2), if the Commissioner has regard to either paragraph (a) or (b) of that subsection.
2: Section 10
3A: The Commissioner may, unless the interests of justice require otherwise, refuse to grant legal aid to an applicant if—
a: any amount payable by the applicant in respect of a repayment of a previous grant of legal aid is in arrears; and
b: the application made by the applicant does not come within any of paragraphs (b) to (d) and (f) to (h) of the definition of specified application in section 4(1).
3: Section 10(6)(c
7: Decision on application for legal aid
Section 16
5: This section is subject to section 16A
8: New section 16A inserted
The following section is inserted after section 16
16A: Use of automated electronic systems for certain grants of legal aid
1: The Commissioner may use an automated electronic system to grant legal aid to a natural person if—
a: the person requires the grant for proceedings in respect of an offence punishable by a maximum term of imprisonment of not less than 6 months; and
b: neither the income nor the disposable capital of that person exceeds the relevant maximum level prescribed in the regulations.
2: A grant made in the manner authorised by subsection (1) is, for the purposes of this Act, taken to have been made by the Commissioner.
3: Where an error is made in a grant of legal aid made in the manner authorised by subsection (1), the Commissioner may cancel or correct the grant.
4: Subsection (2) is subject to subsection (3).
5: A grant made in the manner authorised by subsection (1) is not subject to any of the conditions referred to in section 18.
6: Every grant made in the manner authorised by subsection (1) must state a maximum grant, which must be the amount prescribed under subsection (7).
7: The Commissioner may from time to time, by notice in the Gazette
8: A notice under subsection (7) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
9: Conditions on grant of legal aid
Section 18
7: This section does not apply to—
a: applications for legal aid that come within any of paragraphs (a) to (e)(ii) of the definition of specified application in section 4(1); or
b: applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
c: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section; or
d: a grant made in the manner authorised by section 16A(1)
e: applications for legal aid by a person who is charged with or convicted of a prescribed offence and to whom section 9(2) does not apply.
10: New section 18A inserted
The following section is inserted after section 18
18A: User charge payable by aided person
1: Every grant of legal aid for a civil matter, other than a grant to which subsection (4) applies, is subject to the condition that the aided person pay a user charge of the prescribed amount to the lead provider.
2: The condition relating to the user charge is satisfied once the user charge is paid and no further user charges are payable in respect of the grant to which the condition attaches.
3: The lead provider is authorised to receive the user charge from, or on behalf of, the aided person and may—
a: decline to provide any services under the grant of legal aid until the user charge under subsection (1) is paid; or
b: if the user charge has not been paid but any services of that kind have been provided, recover the user charge from the aided person.
4: This section does not apply to—
a: a grant of legal aid made on a specified application; or
b: an application for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
c: an application for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section.
5: A grant of legal aid is also within subsection (4) if it is made on an application for matters referred to in that subsection as well as for other matters.
11: Amount payable by aided person to Commissioner
1: Section 33 under the conditions in respect
2: Section 33 ; and
c: any interest payable under section 40
d: the amount of any expense reasonably incurred by the Commissioner for the purpose of enforcing or securing a debt payable to the Commissioner by the aided person, but only if the expense is of a kind specified by the regulations for the purposes of this paragraph.
12: Amounts payable under conditions of grant are debts due to Commissioner
1: The heading to section 34 under conditions in respect
2: Section 34
1: An amount payable to the Commissioner as a condition of a grant of legal aid (whether as an interim repayment or a repayment) and any other amount payable to the Commissioner in respect of the grant may be recovered in any court or tribunal of competent jurisdiction as a debt due to the Commissioner.
13: New section 40 substituted
Section 40
40: Interest on unpaid legal aid debt
1: Subsection (2) applies to any amount that is payable in respect of a grant of legal aid made on or after the commencement of this section (as substituted by section 13
2: An aided person must pay the Commissioner interest, calculated in accordance with, and at the rate or rates prescribed by, the regulations on any debt that is owed, during any period specified in the regulations, by the aided person to the Commissioner in respect of a grant of legal aid.
3: Subsection (4) applies to a debt (a prior debt
4: The Commissioner may, by written notice, require the aided person to pay interest in respect of the prior debt (whether or not the person is in default), and then, as from the date stated in the notice for the purpose, subsection (2) applies to the person and to the prior debt.
5: Despite subsection (2), interest is not payable—
a: on any interim repayment; or
b: unless the regulations otherwise provide, on any interest.
6: The interest must be calculated and paid in accordance with the regulations.
7: Subsection (4) does not affect any subsisting requirement under section 40(1) (as in force before the commencement of section 13
14: New headings and sections 41A to 41J inserted
The following headings and sections are inserted after section 41 Deduction notices
41A: Interpretation
In this section and in sections 41B to 41J benefit
a: means a benefit within the meaning of the Social Security Act 1964; but
b: does not include—
i: an orphan's benefit payable under section 28 of the Social Security Act 1964; or
ii: an unsupported child's benefit payable under section 29 of that Act; or
iii: a child disability allowance payable under section 39A of that Act; or
iv: a disability allowance payable under section 69C of that Act deduction notice section 41B overdue amount
a: any part of an amount of that kind; and
b: an amount of that kind that may not be recovered by civil action in a court of law because of the Limitation Act 2010 payment
a: salary or wages:
b: a retiring allowance or pension or other payment of a similar nature:
c: a benefit:
d: weekly compensation under the Accident Compensation Act 2001:
e: a bonus or an incentive payment:
f: commission:
g: consideration for work performed under a contract for services:
h: repayment of, or interest on, money held by a bank to the credit of an aided person (within the meaning of section 41E(3) third party 1957 No 87 ss 2(1), 79
41B: Deduction of overdue amounts
1: This section applies whenever the Commissioner has reminded an aided person in writing of the person's obligation to pay an overdue amount or has taken any other action to obtain payment of the overdue amount.
2: The Commissioner may issue, in writing, a deduction notice requiring a third party to deduct an amount specified in the notice due from any payment that is payable or will become payable by the third party to the aided person, whether that payment will be made—
a: on the third party's own account; or
b: in the third party's capacity as an agent or a trustee; or
c: for any other reason.
3: The Commissioner must specify in the deduction notice—
a: whether the deduction is to be made as a lump sum or by instalments; and
b: the time or times by which the amounts deducted must be paid to the Commissioner; and
c: the date on which the deduction notice takes effect, being a date not earlier than the date on which it was issued.
4: The Commissioner must give the aided person a copy of the deduction notice.
5: A deduction notice is revoked when the Commissioner notifies the third party in writing to that effect or issues a new deduction notice.
6: The Commissioner—
a: may revoke a deduction notice at any time:
b: must revoke the deduction notice if satisfied that the overdue amount has been paid.
7: Every deduction notice is subject to sections 41C to 41J 1964 No 136 s 86A
41C: Issue of deduction notice to State sector employer
In any case where an aided person is employed within a department (within the meaning of the State Sector Act 1988), a deduction notice may be issued to the chief executive of that department in respect of any salary or wages payable to the aided person. 1964 No 136 s 86B
41D: Discharge of obligation
In any case where a third party deducts, under a deduction notice, any money payable to an aided person, the aided person is, to the extent of the amount deducted, discharged from his or her obligation to pay the overdue amount. 1964 No 136 s 86C
41E: Deduction notices issued to banks
1: Where the third party is a bank, any money held by the bank to the credit of the aided person is subject to the provisions of section 41B
2: For the purposes of this section, bank
3: For the purposes of this section, money held by the bank to the credit of the aided person
a: the deposit or depositing is on current account:
b: the money is to be at interest at a fixed term or without limitation of time:
c: the aided person has made any application to withdraw or uplift the money.
4: For the purposes of this section, money on deposit with a bank is deemed to be to the credit of the aided person if the money—
a: is held in a joint bank account in the name of the aided person and 1 or more other persons; and
b: can be withdrawn from the account by or on behalf of the aided person without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons. 1964 No 136 s 86D
41F: Making of deductions
1: Any person who makes a deduction under a deduction notice is deemed to be acting—
a: on the authority of the aided person and any other person concerned; and neither the aided person nor that other person has any claim against the third party or the Commissioner or the Crown in respect of that deduction; and
b: on behalf of the Commissioner; and, without prejudice to any other remedies against the aided person or any other person, any amount deducted must be held in trust for the Commissioner and is a debt due to the Commissioner and may be recovered in any court or tribunal of competent jurisdiction.
2: A third party must, on request, give the aided person a statement in writing of any amount deducted, and of the purpose for which the deduction was made. 1964 No 136 s 86E
41G: Offences in relation to deduction notices
1: Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—
a: fails to make any deduction required by a deduction notice; or
b: fails, after making a deduction, to pay the amount deducted to the Commissioner within the time specified in the notice; or
c: permits payment to or on behalf of any person, other than the Commissioner, of any amount deemed to be held in trust for the Commissioner under section 41E or 41F
2: Every employer commits an offence and is liable on conviction to a fine not exceeding $1,000 who dismisses an employee or alters an employee's position in the employer's business or undertaking to the employee's prejudice by reason of a deduction notice having been issued to the employer. 1957 No 87 s 106A; 1964 No 136 s 86F
41H: Protected earnings
1: Despite anything in sections 41B to 41G
2: For the purposes of this section, the aided person's net ordinary weekly pay for a week is the balance left after deducting from the aided person's ordinary weekly pay (as defined in section 8 of the Holidays Act 2003) the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if that ordinary weekly pay were the only salary or wages paid to the aided person by the employer in respect of a week.
3: For the purposes of this section, where deductions are required to be made from a payment of a kind described in any of paragraphs (b) to (d) of the definition of payment in section 41A
a: the payment is deemed to be salary or wages; and
b: the person required to make the payment is deemed to be the employer of the aided person. 1964 No 136 s 86G
41I: Penalty for late deductions
1: A third party is liable to pay to the Commissioner a penalty calculated in accordance with subsection (2) if the third party fails wholly or in part to—
a: deduct the amount required by the notice; or
b: pay any amount deducted under the notice to the Commissioner by the time specified in the notice.
2: The penalty referred to in subsection (1) must be calculated as follows:
a: 10% of the amount in default or $5, whichever is the greater:
b: for each additional month or part of a month in which the amount in default or any part of the amount has not been deducted or, as the case may be, has not been paid to the Commissioner, a further penalty of 2% of that amount or part of the amount or $1, whichever is the greater.
3: The Commissioner may, in his or her discretion, remit the whole or part of a penalty if he or she is satisfied that the failure to make the deduction or the payment was due to circumstances reasonably beyond the third party's control, or that, in all the circumstances, the imposition of that penalty would be inequitable.
4: If the Commissioner decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the Commissioner may refund any excess.
5: An amount payable to the Commissioner under subsection (1) is a debt due to the Commissioner and may be recovered in any court or tribunal of competent jurisdiction. 1964 No 136 s 86I
41J: Notices given to third parties
The provisions of section 115 apply to a deduction notice given to a third party under section 41B 1964 No 136 s 86J Decisions not to recover debt, write-offs, and refunds
15: Commissioner to refund excess payments
Section 44
2: In assessing the cost of services for the purposes of subsection (1)(b), any interest paid under section 40
16: Reconsideration
1: Section 51
1A: A lead provider whose claim has been declined under section 99(5)
2: Section 51(2) The application An application
17: Grounds for review
1: Section 52(2)
da: any decision to depart from, or to refuse to depart from, fees prescribed by regulations under section 114(1)(cc)
2: Section 52
3A: A lead provider may apply to the Tribunal for a review of the Commissioner's reconsideration of a decision referred to in section 51(1A)
a: manifestly unreasonable; or
b: wrong in law.
18: Approval
Section 77(2) any
19: Review Authority established
1: Section 84(2) and may appoint 1 or more Deputy Review Authorities
2: Section 84(3) The person appointed as the Review Authority A person appointed under this section
20: New sections 87A and 87B inserted
The following sections are inserted after section 87
87A: Deputy Review Authority
1: A Deputy Review Authority appointed under section 84(2) has the functions, powers, duties, and immunities of the Review Authority and every reference to the Review Authority in sections 85 to 87 and in Part 3 of Schedule 3 is taken to include a reference to a Deputy Review Authority.
2: This section is subject to section 87B
87B: Scope of functions of Deputy Review Authority
1: A Deputy Review Authority may review decisions only if—
a: the Review Authority is absent from duty for any reason; or
b: there is a vacancy in the office of Review Authority; or
c: the Review Authority has assigned a decision or a class of decision to the Deputy Review Authority in the interests of avoiding—
i: delay; or
ii: the perception of, or any actual, conflict of interest or other impropriety.
2: If there are 2 or more Deputy Review Authorities, the Review Authority must nominate 1 Deputy Review Authority (the nominated deputy
3: A nomination—
a: must be in writing; and
b: is revocable at any time, in writing, by the person who made it or by his or her successor in office; and
c: until revoked, continues in force according to its terms even if the person who made it has ceased to hold the office of Review Authority.
4: Despite subsection (1), if, during the absence of the Review Authority from duty (for any reason) or a vacancy in the office of the Review Authority, there are 2 or more Deputy Review Authorities, a Deputy Review Authority may review a decision in accordance with subsection (1) only if—
a: that Deputy Review Authority is the nominated deputy; or
b: the decision has been, or is part of a class of decision that has been, assigned to that Deputy Review Authority under subsection (1)(c).
5: The fact that a Deputy Review Authority purports to exercise or perform, or to have exercised or performed, any function, duty, or power under this section or under an assignment under subsection (1)(c) or under a nomination under subsection (2) is, in the absence of proof to the contrary, sufficient evidence of the person’s authority to do so.
21: Lead provider to claim for payment
Section 97(2)(a) , less the user charge required to be paid by the aided person provider
22: Secretary to refer claim to Commissioner for decision
Section 99
4: The Commissioner must decline—
a: any claim to the extent that it exceeds the maximum grant specified in the grant; and
b: where a claim or part of a claim is for, or is determined by the Commissioner to be for, work of a kind for which a fee is prescribed by regulations pursuant to section 114(1)(ca)
c: any claim to the extent to which it is for a disbursement of a type not approved for payment by the Commissioner; and
d: any claim or any part of a claim that has been determined to be excessive or inaccurate by an examination under subsection (2); and
e: if the user charge has not been paid by the aided person, an amount of the claim that is the equivalent of that charge.
5: The Commissioner may decline any claim that was not made in accordance with the time frame referred to in section 98.
23: Cancellation
1: Section 103(1)
c: the provider takes an unauthorised payment from or in respect of a person in relation to any legal aid service or specified legal service provided to that person:
2: Section 103(4)(a) or will be deemed to have received it by virtue of section 115(2) receive the notice
3: Section 103
5: In any case where a notice of cancellation is posted to a person at the person's last known place of residence or business in New Zealand and the Secretary knows or believes that the address is no longer current, then—
a: the notice is not invalid merely because of that knowledge or belief; and
b: the fact that the person has not received the notice is, despite section 115(2), only relevant if it is proved that the failure occurred through no fault of the person.
24: Regulations
1: Section 114(1)
ca: prescribing fees, whether by specifying amounts or providing for 1 or more methods of calculating amounts, for items of work undertaken by providers for the purposes of proceedings (other than victims' claims proceedings) described in the regulations, which fees may differ depending on factors stated in the regulations, including, without limitation, 1 or more of the following:
i: the subject matter of the proceeding:
ii: the court or tribunal in which the proceeding or an application or a matter in the proceeding is to be determined:
cb: exempting, in accordance with subsection (8), any class of proceeding from any specified regulation made under paragraph (ca):
cc: providing for the Commissioner to authorise fees that depart from the fees prescribed under paragraph (ca) if, and only if, criteria prescribed under paragraph (cd) apply:
cd: prescribing criteria for the purposes of any authorisation that the Commissioner is empowered to give under paragraph (cc):
2: Section 114(1)
ea: prescribing the amount of the user charge, including different amounts for user charges relating to different classes of proceeding:
3: Section 114(1)
ia: specifying kinds of expenses or payments for the purposes of section 33(d)
4: Section 114(1
k: prescribing the way or ways in which the interest under section 40
5: Section 114(1)(o)(ii) or 18A section 18
6: Section 114(1)
w: prescribing the time frame or time frames in which claims for payment for legal aid services or specified legal services may be made, and different time frames may be prescribed for different classes, stages, or levels of complexity of services provided:
7: Section 114(2) including the calculation of interest, calculating amounts,
8: Section 114(5) to (7)
25: Service of notices, etc
Section 115(1)(b) and (c) or business of residence
26: Schedule 3 amended
Schedule 3
24: Vacation of office
1: The Review Authority may at any time be removed from office by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister.
2: The Review Authority may at any time resign by written notice to the Minister.
3: The Review Authority ceases to hold office if he or she is adjudged bankrupt under the Insolvency Act 2006.
27: Transitional provision
1: In this section, amendment
2: An application for legal aid received by the Commissioner before an amendment to the principal Act by this Act comes into force must be considered and determined as if the amendment had not been made.
3: An amendment to the principal Act by this Act does not affect the administration of a grant of legal aid made before the amendment comes into force and the grant must be administered as if the amendment had not been made.
4: Despite subsection (3), section 10(3A) section 6(2)
5: Until the commencement of section 41 section 16A(8) section 8 Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
6: Despite subsection (3), the amendment made by section 13
28: Liability for fee and expenses incurred in lodging prior caveats
1: This section applies where, in connection with a grant of legal aid made before the commencement of this section, a caveat (a prior caveat section 15(4) section 18(4)
2: The Commissioner may recover the fee for, and any expenses reasonably incurred in, lodging a prior caveat from the aided person as a debt due to the Commissioner, to the extent that the Commissioner or the Legal Services Agency has not previously been reimbursed for the fee and the expenses.
3: No payment made to the Commissioner or the Legal Services Agency in reimbursement of the fee for, and any expenses reasonably incurred in, lodging a prior caveat may be recovered or claimed by way of set-off.


1: Title
This Act is the Accident Compensation Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent. Section 2 brought into force 2Â September 2013 Accident Compensation Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Accident Compensation Act 2001 principal Act OIC SR 2013/307 2013-09-02 Accident Compensation Act 2001
4: Entitlements inalienable
Section 123(2)(j) ; or
k: section 41B


Care of Children Amendment Act 2013

1: Title
This Act is the Care of Children Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Care of Children Act 2004 principal Act 2014-07-15 Care of Children Act 2004 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Costs of court-appointed counsel
Section 131
4: Despite subsection (1), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of any fees and expenses that relate to an appointment under section 130(1) and have been paid under that subsection.
5: Despite subsection (1), where in any proceedings, other than an application under section 105 or 111, a lawyer has been appointed under section 7(1) and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 131A
6: However, no order under section 131A
a: the Crown, whether acting through the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 or otherwise; or
b: a person in whose custody the child concerned has been placed pursuant to an order made under the Children, Young Persons, and Their Families Act 1989.
5: New sections 131A to 131C inserted
The following sections are inserted after section 131
131A: Order requiring refund of payments in respect of lawyer acting for child
1: An order referred to in section 131(5)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child, prescribed proportion serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
131B: Enforcement of orders to refund fees and expenses of court-appointed lawyers
1: The amount that a party is ordered to refund under section 131(4) 131A
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1)
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
131C: Time for payment of orders to refund fees and expenses of court-appointed lawyers may be extended
1: If an amount that a party is ordered to refund under section 131(4) 131A
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Regulations
Section 147(2)
ca: prescribing, for the purposes of section 131A .
7: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 131(4) section 4 section 4
2: This subsection applies to—
a: any order made under section 131(4) section 4
b: any order made, after that commencement, under section 131(4)
3: Despite subsection (1), in relation to any orders to which subsection (2) applies, section 131(4)
4: Sections 131A 131B(1) section 5 section 5
5: Sections 131B(2) and (3) and 131C section 5


Child Support Amendment Act (No 2) 2013

1: Title
This Act is the Child Support Amendment Act (No 2) 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Child Support Act 1991 principal Act 2014-07-15 Child Support Act 1991 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Appointment of barrister or solicitor to assist court or represent children
Section 226(6)
5: New sections 226B to 226E inserted
The following sections are inserted after section 226
226B: Costs of court-appointed barrister or solicitor
1: Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(a), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of those fees and expenses.
2: Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(b), the court must make an order under section 226C
3: However, no order under section 226C
226C: Order requiring refund of payments in respect of barrister or solicitor representing child
1: An order referred to in section 226B(2)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child, prescribed proportion section 131A serious hardship
226D: Enforcement of orders to refund fees and expenses of court-appointed barristers or solicitors
1: The amount that a party is ordered to refund under section 226B(1) 226C
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
226E: Time for payment of orders to refund fees and expenses of court-appointed barristers or solicitors may be extended
1: If an amount that a party is ordered to refund under section 226B(1) 226C
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Costs
Section 232
2: This section is subject to section 226B
7: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 226(6) section 4 section 4
2: Sections 226B to 226D(1) section 5 section 5
3: Sections 226D(2) and (3) and 226E section 5 section 5