1: Title
This Act is the Residential Care and Disability Support Services Act 2018.
2: Commencement
1: This Act comes into force on 26 November 2018.
2: However, specified provisions, namely sections 53 70 74 to 76
3: A power that is conferred by those specified provisions, and that is exercised on or after the day after the date on which this Act receives the Royal assent and before 26 November 2018, may be exercised only with effect on or after 26 November 2018.
4: If subsections (2) and (3) are to be, or have been, relied on to exercise a power,—
a: all other enactments relevant to the power’s exercise, and that have not yet commenced, must be treated as if they had commenced; and
b: a legal position that would be conferred or imposed by an enactment relevant to the power’s exercise, and that has not yet commenced, must be treated as if it has accrued or been imposed.
5: This section does not affect the application of the Interpretation Act 1999
1: General provisions
3: Purpose of this Act
The purpose of this Act
a: specify the circumstances in which certain older persons are required to pay for their own long-term residential care; and
b: specify the circumstances in which a funder must contribute towards the cost of those persons’ long-term residential care; and
c: provide for those persons to apply for a means assessment to determine if, and how much, a funder must contribute towards the cost of their long-term residential care; and
d: provide that those persons are not required to pay more than the maximum contribution (which amount is specified by written notice published on an Internet site and notified in the Gazette
e: provide for the assessment of the amount a person is required to pay towards the cost of home-based disability support services supplied to that person; and
f: ensure that financial support (that is, a funder’s contribution to the cost of long-term residential care, or towards the cost of home-based disability support services) provided under this Act 1964 No 136 s 136AA
4: Overview of this Act
This Act—
a: sets out the rules relating to liability for the cost of certain long-term residential care:
b: sets out the rules relating to liability for the cost of home-based disability support services. 1964 No 136 s 136AB
5: Interpretation
In this Act and in Schedules 1 to 3 accommodation costs section 65 applicable asset threshold Part 1 assets section 34 clause 4 benefit Schedule 2 child Schedule 2 contracted care provider section 11 contracted care services section 11 cost of LTR contracted care P
a: is the cost of the contracted care services provided by a contracted care provider to meet P’s assessed long-term residential care needs; and
b: is specified in the service agreement or section 88 notice that applies to the contracted care provider as the price payable for those services, whether or not the services provided to P are wholly or partly funded under that agreement or notice date of means assessment section 52 de facto partner de facto relationship sections 29 29A dependent child Schedule 2 exempt assets section 34 clause 4 funder Pae Ora (Healthy Futures) Act 2022 Health New Zealand section 4 hospital section 58(4) income section 37 clause 5 long-term residential care LTR care section 11 maximum contribution section 15(2) Minister MSD
a: means the responsible department; but
b: for a duty, function, or power that MSD must or may perform or exercise, means—
i: the chief executive of the responsible department; or
ii: a public service partner spouse or partner personal allowance section 24(2) qualifying person section 11 resident assessed as requiring care
a: has been positively needs assessed (as defined in section 14
b: is receiving contracted care services (irrespective of whether a funder has any liability to pay for any of the cost of the qualifying person’s care) responsible department
a: the department of State that, with the Prime Minister’s authority, is for the time being responsible for the administration of this Act; or
b: a departmental agency that, under the Public Service Act 2020 rest home
a: within the meaning of section 6
b: that is therefore health care services required by that Act to be provided in accordance with section 9 of that Act section 94 notice
a: given under section 94
b: in respect of the provision of LTR care service agreement
a: entered into between a funder and provider; and
b: in respect of the provision of long-term residential care to a qualifying person or special case person single special case person section 11 spouse 1964 No 136 s 136 Section 5 DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 funder amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 MSD amended 7 August 2020 section 135 Public Service Act 2020 Section 5 responsible department amended 7 August 2020 section 135 Public Service Act 2020 Section 5 section 88 notice repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 section 94 notice inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 service agreement replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
6: Interpretation: references to, and using as guide, old law
1: A reference in an enactment or a document to all or any of the provisions of sections 69FA 132D Part 4 Schedules 27 30 former enactments Schedules 2 3
2: Subsection (1) is subject to the consequential amendments in Schedule 10
3: The provisions of this Act and Schedules 2 3
a: are the provisions of the former enactments in rewritten form; and
b: are intended to have the same effect as the corresponding provisions of the former enactments.
4: Subsection (3) is subject to subsections (5) and (6) and section 7
5: If the meaning of an enactment in this Act or Schedule 2 3 new law section 77(1) old law
6: Subsections (3) to (5) do not apply, if a new law is affected by an amendment made after the beginning of 26 November 2018, to that new law after the amendment commences. 2007 No 97 s ZA 3(2), (3), (4), (5)
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: LTR contracted care
9: This Act determines who pays for LTR contracted care
1: This Act determines who pays for the cost of LTR contracted care.
2: Nothing in this Act affects the liability of a person to pay, under an agreement between that person and a provider, for any services provided to that person that are not contracted care services.
10: What is LTR contracted care
LTR contracted care
a: it is long-term residential care:
b: it is the care of a qualifying person or a special case person:
c: it comprises contracted care services:
d: it is provided by a contracted care provider.
11: Key terms used in definition of LTR contracted care
The following key terms are used in the definition of LTR contracted care (and are also used elsewhere in this Act): contracted care provider
a: has a service agreement with a funder; or
b: accepts payment under a section 88 notice contracted care services long-term residential care LTR care qualifying person section 12 special case person
a: a 50+ single person ( see section 21
b: an exempt person ( see section 23
c: an elderly victim of crime ( see section 25
3: Qualifying persons
Meaning of qualifying person
12: Who is qualifying person
A qualifying person
a: is aged 65 years or over; and
b: is funding eligible; and
c: has been positively needs assessed; and
d: receives contracted care services; and
e: is entitled, under section 32 1964 No 136 s 136
13: Funding eligible
A person is funding eligible if the person belongs to a class of eligible people specified in regulations made under section 102 clause 30 Section 13 replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
14: Positively needs assessed
A person has been positively needs assessed section 28 1964 No 136 s 136 Liability of qualifying person for cost of LTR contracted care: 4 basic rules
15: Rule 1: no qualifying person to pay more than maximum contribution
1: No qualifying person is liable to pay more than the maximum contribution towards the cost of the contracted care services provided to that person.
2: The maximum contribution section 53
3: Subsection (1) applies irrespective of the person’s assets or income.
16: Rule 2: qualifying person whose assets are above asset threshold must contribute maximum contribution
A qualifying person whose assets as determined by a means assessment under section 34 1964 No 136 s 139(1), (2)
17: Rule 3: qualifying person whose assets are equal to or below asset threshold must pay contribution based on income
A qualifying person whose assets as determined by a means assessment under section 34 section 37 1964 No 136 s 139(1)–(3)
18: Rule 4: funder must pay difference between qualifying person’s contribution and cost of LTR contracted care
In relation to each qualifying person, the appropriate funder must pay the difference between—
a: the qualifying person’s contribution (under section 16 17
b: the cost of the qualifying person’s LTR contracted care. 1964 No 136 s 140(2)
19: Liability of person who has not been means assessed
1: This section applies to a person ( P
a: P has not been means assessed; or
b: if P has been means assessed, the result of the means assessment is not yet known.
2: P must pay the maximum contribution until P is means assessed. 1964 No 136 s 140(1)(b), (2)
4: Special case persons
20: Who is special case person
1: There are 3 categories of special case person:
a: a 50+ single person:
b: an exempt person:
c: an elderly victim of crime.
2: The definitions of funding eligible and positively needs assessed in sections 13 14 1964 No 136 s 136 50+ single person
21: Who is 50+ single person
A 50+ single person
a: is aged 50 to 64 years; and
b: is single; and
c: has no dependent children; and
d: is funding eligible; and
e: has been positively needs assessed; and
f: receives contracted care services. 1964 No 136 s 136
22: 50+ single person liable to make income contribution only
1: A 50+ single person ( A income contribution section 37
a: means tested as to assets; and
b: determined to have assets equal to or below the applicable asset threshold.
2: In relation to each 50+ single person, the appropriate funder must pay the difference between that person’s contribution and the cost of that person’s LTR contracted care. 1964 No 136 s 143 Exempt persons
23: Who is exempt person
An exempt person
a: is funding eligible; and
b: has been positively needs assessed; and
c: receives contracted care services; and
d: belongs to a class of exempt persons, as those classes are defined in regulations made under section 74
24: Exempt person liable to contribute benefit only
1: An exempt person is liable to contribute to the cost of that person’s LTR contracted care the amount of any benefit that P receives, less the personal allowance, and a funder must pay the balance of the cost.
2: Personal allowance Schedule 2 section 74 1964 No 136 ss 136 142(1), (1A) Elderly victims of crime
25: Who is elderly victim of crime
An elderly victim of crime is a person who—
a: is funding eligible; and
b: has been positively needs assessed; and
c: receives contracted care services; and
d: has been assessed, in accordance with regulations made under section 74 1964 No 136 s 136
26: Elderly victim of crime not liable to contribute to cost of LTR contracted care
A person who is an elderly victim of crime is not liable to contribute any amount to the cost of that person’s LTR contracted care and a funder must pay the whole of that cost. 1964 No 136 s 142(2)
5: Needs assessment
27: Who initiates needs assessment
1: A person may at any time apply for a needs assessment if the person is—
a: aged 65 years or over; and
b: funding eligible.
2: A person who is a special case person may at any time apply for a needs assessment.
3: Health New Zealand 1964 No 136 s 137(1), (2) Section 27(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
28: Content of needs assessment
A needs assessment must determine whether the person assessed requires LTR care indefinitely. 1964 No 136 s 137(3)
29: Procedure for needs assessment
1: If Health New Zealand receives an application under section 27(1)
2: The date of a person's needs assessment is the date shown as such on the assessment.
3: For the purposes of a needs assessment (and, in particular, consent to a needs assessment), the Code of Health and Disability Services Consumers' Rights (made under section 74
a: the needs assessment were a service; and
b: the person assessed were a consumer of that service; and
c: Health New Zealand 1964 No 136 s 137(4)–(7) Section 29(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 29(3)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
30: Notification of result of needs assessment
1: Health New Zealand
a: the person assessed; and
b: the provider (if any) who is currently providing LTR care to that person.
2: Health New Zealand P
a: the amount of the maximum contribution; and
b: the respective liabilities under this Act of the person assessed and the funder to contribute to the cost of LTR contracted care; and
c: how to apply for a means assessment. 1964 No 136 s 138(2) Section 30(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 30(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
6: Means assessment
31: Types of means assessment
This Act provides for 2 stages of a means assessment, as follows:
a: an assets assessment:
b: if required, an income assessment. 1964 No 136 ss 146(1) 147(1)
32: Who may apply for means assessment
1: A person who has been positively needs assessed may apply to MSD for a means assessment.
2: An application for a means assessment must be made on a form provided for the purpose by MSD and the applicant must supply any supporting evidence or information that is reasonably required by MSD to complete the assessment. 1964 No 136 s 138(1)(c) 144(1), (2)
33: MSD must arrange for means assessment
MSD must arrange for a means assessment to be conducted as soon as practicable after receiving an application. 1964 No 136 s 144(3) First stage: assets assessment
34: Assets assessment
1: The first stage of a means assessment is an assets assessment.
2: An assets assessment must be conducted in accordance with Part 2
3: This section does not apply to a special case person (who, under section 22(1) 24(1) 26 1964 No 136 s 146(1)
35: Content of assets assessment
An assets assessment must assess the value of the non-exempt assets of a person as at the date of means assessment and must determine whether those assets are above, equal to, or below the applicable asset threshold. 1964 No 136 s 146(2) Second stage: income assessment
36: When income assessment required
An income assessment is required if an assets assessment has determined that a person’s assets are equal to or below the applicable asset threshold. 1964 No 136 s 147(2)
37: Income assessment
An income assessment must be conducted in accordance with Part 3 1964 No 136 s 147(1)
38: Content of income assessment
1: An income assessment of a person ( P
a: assess as at the date of means assessment P’s annual income; and
b: determine a weekly contribution, up to the maximum contribution, that P must pay from income towards the cost of contracted care services provided to P; and
c: determine if and when in the 90-day period P’s assets fell below the applicable asset threshold.
2: In subsection (1), 90-day period
3: This section is subject to sections 24(1) 26 1964 No 136 s 147(3), (4) Factors affecting means assessment: deprivation of income or property
39: Deprivation of income or property: means assessment as if deprivation had not occurred
1: This section applies where MSD is satisfied that a person who has applied for a means assessment ( P
2: In conducting P’s means assessment, MSD may include the income or property as if the deprivation had not occurred.
3: In this section, property 1964 No 136 s 147A(1)
40: Deprivation of income or property: inclusion in review of means assessment
1: This section applies where MSD is satisfied that a person who has been means assessed ( P
2: In conducting a review of P’s means assessment, MSD may include the income or property as at the date of the means assessment as if the deprivation had not occurred.
3: In this section, property 1964 No 136 s 147A(2) Notice of means assessment
41: Means assessment must be recorded in writing
MSD must ensure that every means assessment is recorded in writing, whether the means assessment is a first assessment or a subsequent assessment on review, and whether or not the assessment relates only to assets or to assets and income. 1964 No 136 s 148(1)
42: Notice of means assessment
1: MSD must ensure that a copy of the record of the means assessment is provided to the person to whom it relates.
2: MSD must ensure that the provider, the funder, and the Ministry of Health are advised of the following in respect of every person ( P
a: whether P’s assets are above the applicable asset threshold; or
b: if P’s assets are equal to or below the applicable asset threshold, the assessment of P’s weekly contribution from income. 1964 No 136 s 148(1), (2) Change in circumstances
43: Obligation to notify MSD of change in circumstances
1: A person ( A B
a: knows or ought to know of the change in circumstances; and
b: knows or ought to know that the change might mean that the means assessment is no longer accurate.
2: For the purposes of subsection (1), A is any of the following:
a: B, the person who has been means assessed:
b: B’s spouse or partner:
c: the provider who provides contracted care services to B:
d: the holder of an enduring power of attorney (given in accordance with Part 9
3: Subsection (1) does not apply if—
a: B has been found to have assets equal to or below the applicable asset threshold and the change relates to the value of B's assets, or to the value of the assets of B's spouse or partner; or
b: a funder has no liability under this Act in respect of the contracted care services provided to B. 1964 No 136 s 149(1)–(2) Notice of right of review
44: Funder must ensure person assessed advised of right of review
A funder must take all practicable steps to ensure that a person who has undergone a means assessment ( P
a: is advised of the right to apply for a review of P's means assessment; and
b: is notified whenever a change is made to the tests used in means assessments (such as an increase to applicable asset thresholds, or a change to the personal allowance (as defined in section 24(2) 1964 No 136 s 149(3) Relationship status
45: Relationship status for purpose of means assessment: determination that person is single
1: For the purpose of a means assessment under this Act, MSD may make a determination to regard as single a person ( P
a: living apart from P’s spouse or partner; and
b: not in a de facto relationship.
2: However, MSD cannot under subsection (1) determine that P is single by reason only that P or P’s spouse or partner—
a: has been assessed as requiring LTR care indefinitely; or
b: has become unable to affirm P’s marriage or civil union.
3: A determination under subsection (1) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of the determination to have commenced to live apart.
4: Every determination under this section also applies for the purposes of every debt-recovery or offence provision in, under, or for the purposes of, this Act. 1964 No 136 ss 63 151
46: Relationship status for purpose of means assessment: determination that person is in de facto relationship
1: For the purpose of a means assessment under this Act, MSD may make a determination to regard as a party to a de facto relationship any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship.
2: A determination under subsection (1), for the purposes of the assessment, may include either or both of the following dates:
a: a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship:
b: a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended.
3: Every determination under this section also applies for the purposes of every debt-recovery or offence provision in, under, or for the purposes of, this Act. 1964 No 136 ss 63 151 Review of means assessment
47: Review by MSD
MSD must review a means assessment of a person ( P
a: P applies for a review on a form provided for the purpose by MSD; or
b: MSD has reason to believe that there was a mistake in P’s earlier assessment, whether as a result of wrong information being supplied or otherwise; or
c: the circumstances of P’s spouse or partner ( S
i: S has become a qualifying person or a special case person; or
ii: S has died; or
iii: MSD has determined under section 45 1964 No 36 s 150(1)
48: Review if assets subsequently fall below applicable asset threshold
1: This section applies if a person ( P
2: MSD may review P’s means assessment at any time if MSD considers that P’s assets have fallen, or are about to fall, to a level below or equal to the applicable asset threshold. 1964 No 136 s 150(2)
49: Review if assets below applicable asset threshold
1: This section applies if a person ( P
2: MSD—
a: may annually review P’s means assessment; and
b: may at any time review P’s means assessment if MSD considers that P’s annual income has changed or is about to change. 1964 No 136 s 150(2A)
50: Review under section 48 or 49 not obligatory
Nothing in section 48 49 section 24(2) section 47 1964 No 136 s 150(3)
51: Scope and date of review under section 47, 48, or 49
1: A review must review the person’s means assessment as to assets and, if necessary, the person’s means assessment as to income unless subsection (2) applies.
2: A review must review the person’s means assessment as to income only (and not the person’s means assessment as to assets) if the review is conducted under—
a: section 47(a)
b: section 49
3: A review is conducted as at the date of means assessment.
4: Section 38(1)(c) 1964 No 136 s 150(4)–(5) Date of means assessment
52: Date of means assessment
In this Act and Schedule 2 date of means assessment
a: in the case of a first means assessment conducted under this Act, the date on which the application for the means assessment is received:
b: in the case of a review of a means assessment for which the person has applied under section 47(a)
c: in the case of a review under section 47(b)
d: in the case of a review under section 47(c)
e: in the case of a review under section 48
f: in the case of a review under section 49
i: conducted by MSD in the event of a general adjustment of rates of benefits or allowances, the date of that general adjustment; or
ii: conducted as a result of advice received by MSD under section 43(1)
iii: conducted by MSD in any other case, the date on which MSD initiated the review. 1964 No 136 s 145
7: Funding and funder’s liability
Maximum contribution
53: Determination of maximum contribution
1: The Director-General of Health must, by written notice, determine the maximum contribution that applies in each region.
2: By way of explanation, the maximum contribution that applies in a region is the amount agreed at a national level between funder representatives and provider representatives as being the amount that funders in that region are to pay to providers in that region for providing rest-home-level care services.
3: However, if the amount identified under subsection (2) for a region is less than $636, the maximum contribution for that region must be set at $636.
4: A notice given under this section—
a: must, as soon as practicable after it is given, be—
i: published on an Internet site administered by or on behalf of the Ministry of Health; and
ii: notified in the Gazette
b: must, each time it is amended without also being replaced, also as soon as practicable after it is amended, be published—
i: on an Internet site administered by or on behalf of the Ministry of Health; and
ii: current as at a stated date; and
iii: incorporating amendments up to that date; and
c: is not a legislative instrument, but is a disallowable instrument, for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives under section 41 of that Act.
5: A notification in the Gazette 1964 No 136 s 152 Funder’s liability
54: Funder’s liability for cost of LTR contracted care of exempt person
In respect of the cost of an exempt person’s LTR contracted care, the funder must pay the amount determined under the following formula: p = c – (b – a) where— p is the amount the funder must pay c is the cost of the LTR contracted care provided to the exempt person b is the amount of any benefit received by the exempt person a is the personal allowance (as defined in section 24(2) 1964 No 136 s 142(1)
55: Funder’s liability for cost of LTR contracted care of elderly victim of crime
In respect of the cost of an elderly victim of crime’s LTR contracted care, the funder must pay the full cost. 1964 No 136 s 142(2) When funder’s liability arises
56: When funder’s liability arises for cost of LTR contracted care of qualifying person
1: If the assets of a qualifying person ( P section 16
a: on the relevant date of needs assessment, if P is already receiving contracted care services; or
b: on the date from which P receives contracted care services, in any other case.
2: If the assets of a qualifying person ( P section 17
3: In this section, 90-day period 1964 No 136 ss 140(3) 141(3)
57: When funder’s liability arises for cost of LTR contracted care of exempt person or elderly victim of crime
A funder’s liability for the cost of the LTR contracted care of an exempt person or elderly victim of crime arises—
a: on the date on which the person is confirmed under regulations made under section 74
b: in the case of a person to whom section 10 1964 No 136 s 142(3)
58: When funder’s liability arises for cost of LTR contracted care of 50+ single person
A funder’s liability for the cost of the LTR contracted care of a 50+ single person arises on the later of the following dates:
a: the relevant date of needs assessment, if the person is already receiving contracted care services:
b: the date from which the person receives contracted care services. 1964 No 136 s 140(3)
8: Home-based disability support services
59: Application of this Part
1: This Part applies to a person who—
a: has been assessed by or on behalf of Health New Zealand
b: is not a child; and
c: is not entitled to be the holder of—
i: a community services card issued under the Health Entitlement Cards Regulations 1993
ii: a corresponding card issued under corresponding regulations made or deemed to have been under either or both of section 102(1) section 437
2: For the purposes of this Part and Schedules 1 3 home-based disability support services
a: in relation to the person’s domestic affairs (other than medical services, personal care services, attendant care services, and relief care services) that support and allow the person to remain in the person’s home; and
b: of a kind that are funded under the Pae Ora (Healthy Futures) Act 2022
3: For the purposes of this Part and Schedules 1 3 child
a: aged 16 or 17 years; and
b: financially independent health practitioner
a: has the same meaning as in section 5(1)
b: includes a person who is receiving training or gaining experience under the supervision of a health practitioner medical services 1964 No 136 s 69FA(1), (2) Section 59(1)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 59(1)(c)(ii) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 59(2)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
60: MSD may assess person’s financial means and required payments
1: MSD may, from time to time, on application by or on behalf of a person to whom this Part applies, assess in accordance with Schedule 3
2: The person is required to pay that amount in accordance with the assessment.
3: MSD’s information-gathering powers under clauses 1 to 7 clause 3(e)
a: the amount that a person is required to pay towards the cost of the home-based disability support services supplied to that person; and
b: whether a person who has been so assessed is entitled to that assessment. 1964 No 136 ss 11(2)(da) 69FA(3)
61: Cash assets and income
1: For the purposes of this Part and Schedules 1 3 cash assets
a: means—
i: money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution:
ii: money invested in securities, bonds, or debentures, or advanced on mortgage:
iii: money withdrawn from a KiwiSaver scheme registered under subpart 2
iv: money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but
b: does not include any contributions to, or any member’s interest in, any KiwiSaver scheme that is registered under subpart 2
c: does not include any assets or any amount of cash assets excluded by regulations made under section 74(1)(k) or (l) income
a: is income as defined in Schedule 2
i: the Social Security Act 2018
ii: the New Zealand Superannuation and Retirement Income Act 2001
iii: the Veterans’ Support Act 2014
b: is not an amount specified in regulations made under section 74(1)(l)
2: For the purposes of this Part and Schedules 1 3
a: the following are taken to be income of $1 per week:
i: every $100 of cash assets over $5,400 held by a person who is in a relationship:
ii: every $100 of cash assets over $5,400 held by a single person who has 1 or more dependent children:
iii: every $100 of cash assets over $2,700 held by any other person; and
b: the income of a person who is in a relationship includes the income of the person’s spouse or partner. 1964 No 136 s 69FA(1), (4)
62: Unrealised assets available for personal use
1: This section applies to assets that—
a: are available for the personal use of a person to whom this Part applies; and
b: MSD is satisfied have not been realised by that person, or by that person’s spouse or partner.
2: MSD may for the purposes of this Part treat the assets as cash assets. 1964 No 136 s 69FA(5)
63: Deprivation of income or assets
1: This section applies if—
a: a person has applied for, or has received, an assessment under this Part; and
b: MSD is satisfied that the person or the person’s spouse or partner has directly or indirectly deprived the person of any income or assets.
2: MSD may assess, or revise the assessment of, the person’s ability to pay for that person’s home-based disability support services as if that deprivation had not occurred. 1964 No 136 s 69FA(8)
64: Assessment must state date and payments and be given to person
Each assessment made by MSD under this Part—
a: must state the date of the assessment and the amount that the person has been assessed as being required to pay; and
b: must be given by MSD to that person. 1964 No 136 s 69FA(6)
65: MSD may supply assessment to applicable DHB
MSD may supply the details of an assessment under this Part to Health New Zealand 1964 No 136 s 69FA(6) Section 65 amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
66: MSD must review, and may revise, assessment
1: MSD—
a: must from time to time review an assessment under this Part; and
b: may revise that assessment if—
i: MSD is satisfied the assessment is in error; or
ii: the person to whom the assessment relates or that person’s spouse or partner fails to provide any relevant information requested or to answer any relevant question; or
iii: after reviewing the assessment, MSD is satisfied that, owing to a change in circumstances of that person or that person’s spouse or partner, the assessment is no longer an accurate reflection of that person’s ability to pay for that person’s home-based disability support services.
2: A revised assessment under subsection (1)(b)(iii) takes effect from a date MSD determines (being a date that is, or is after, the date on which the change of circumstances concerned may reasonably be held to have occurred). 1964 No 136 s 69FA(7)
67: Person must advise MSD of change in person’s circumstances
A person who has received an assessment under this Part must advise MSD without delay of any change in circumstances that affects that person’s ability to pay for that person’s home-based disability support services. 1964 No 136 s 69FA(9)
9: Miscellaneous
68: Information gathering under Schedule 6 of Social Security Act 2018
1: MSD may, by notice given under clauses 2 to 7
a: determining whether a person who has made a claim for, is receiving, or has received, a benefit or payment under this Act is or was entitled to receive that benefit or payment:
b: conducting or reviewing a means assessment under this Act, or determining whether a means assessment of that kind is correct:
c: determining, under Part 8
d: ascertaining the financial circumstances or whereabouts of a person who is indebted to the Crown under this Act:
e: discharging MSD’s functions under, or under any regulations in force under, this Act.
2: This section is by way of explanation only.
69: Rights of review and appeal in Part 7 of Social Security Act 2018
1: This section applies to decisions or determinations of MSD made under any of the provisions of—
a: this Act; or
b: regulations made under section 74
2: Part 7 see section 391(1) section 397(1)(d)
3: This section is by way of explanation only.
70: Residential care loan scheme
1: A qualifying person ( P section 34
a: P's assets are above the applicable asset threshold; and
b: P meets the criteria for eligibility for the residential care loan scheme specified in a written notice given by the Director-General of Health.
2: A notice given under this section is secondary legislation ( see Part 3
3: 1964 No 136 s 153 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	notify it in the Gazette •	publish it on a website maintained by, or on behalf of, the Ministry of Health •	if it is amended without being replaced, also publish on that website a consolidated version of the notice as at a stated date incorporating the amendments up to that date Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
71: Clothing allowance
Regulations may be made under section 74
a: qualifying persons who have been means assessed and found to have assets equal to or less than the applicable asset threshold:
b: qualifying persons who have entered into a loan agreement with the Crown under the residential care loan scheme. 1964 No 136 s 154
72: Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive advantages
1: A person ( P
a: P makes a statement knowing that it is false in a material particular; and
b: P’s statement—
i: is made for the purpose of receiving or continuing to receive (whether for P or another person) an advantage; or
ii: results in P or another person receiving or continuing to receive an advantage.
2: A person ( P
a: P wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead a person; and
b: P’s act, statement, or omission—
i: is done or made for the purpose of receiving or continuing to receive an advantage (whether for P or another person); or
ii: results in P or another person receiving or continuing to receive an advantage.
3: In this section, advantage
a: any benefit under this Act; or
b: any payment from a Crown Bank Account in accordance with this Act; or
c: a more favourable means assessment under Parts 8 9
d: a more favourable means assessment under Parts 1 to 7
4: A person who commits an offence under this section is liable on conviction to a penalty that is either or both of the following:
a: imprisonment for a term not exceeding 12 months:
b: a fine not exceeding $5,000.
5: This section does not limit sections 290 291 1964 No 136 s 127
73: Time for filing charging document
1: The limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the facts alleged in the charging document are brought to the knowledge of any officer concerned in the administration of this Act.
2: Subsection (1) overrides section 25 1964 No 136 s 128
74: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: identifying a class or classes of exempt persons:
b: prescribing how a person is to be assessed as being, or no longer being, an elderly victim of crime:
c: providing, in accordance with section 71
d: prescribing, for the purpose of section 39
e: prescribing the gifting period and the allowable gifts, or the value of any allowable gifts, for the purpose of paragraph (b) of the definition of assets in Part 2
f: amending the maximum value of pre-paid funerals for the purpose of paragraph (d) of the definition of exempt assets in Part 2
g: prescribing assets, or an amount of assets, that are exempt assets for the purpose of paragraph (g) of the definition of exempt assets in Part 2
h: increasing the applicable asset thresholds, and the income-from-assets exemption, in accordance with section 75
i: prescribing an amount or a type of income, or an amount of a certain type of income, that is not to be included in a means assessment as to income, as provided for in paragraph (i) of the definition of income in Part 3
j: prescribing the amount of personal allowance (as defined in section 24(2)
k: defining terms to be excluded as cash assets for the purpose of Part 8 see section 61(1)
l: specifying that certain amounts of cash assets or income are not to be included within the financial means assessment of a person under Part 8 see section 61
m: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The purpose of exemption regulations made under subsection (1)(a) is to specify a class or classes of persons who, because of their circumstances (for example, a requirement to undergo compulsory treatment), should be liable to contribute to the cost of their LTR care only the amount of any benefit that they receive, less the personal allowance ( see sections 23 24
3: Exemption regulations made under subsection (1)(a) may be made only on the recommendation of the Minister.
4: The Minister must, before making a recommendation that particular exemption regulations be made under subsection (1)(a),—
a: have regard to the purpose of this Act (as set out in section 3 section 24
b: be satisfied that each exemption provided for in them is not broader than is reasonably necessary to address the matters that gave rise to the regulations.
5: Regulations published under the Legislation Act 2019
a: specified in the regulations; and
b: earlier than, the same as, or later than, the date on which the regulations are made.
6: Regulations made under this section are secondary legislation ( see Part 3 1964 No 136 ss 132D 155(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
75: Annual adjustments for increase in Consumers Price Index
1: The applicable asset thresholds set out in Part 1 Consumers Price Index (all groups)
2: The income-from-assets exemption (as defined in Part 3 Consumers Price Index (all groups)
3: The adjustments (by any percentage movement in the index number of the Consumers Price Index (All Groups)) required under subsection (2) as at 1 July in any year from 2019 to 2021 (inclusive) for the income-from-assets exemption must, despite subsection (2), be calculated,—
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the Consumers Price Index (all groups)
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
4: If the adjusted amount of an applicable asset threshold or, as the case requires, of the income-from-assets exemption is not a whole number of dollars,—
a: it must be rounded up to the nearest whole number of dollars; but
b: the adjustment made in the following year must be based on the applicable asset threshold or the income-from-assets exemption as it was before it was rounded up.
5: This section does not limit section 452 Schedule 2
6: In this section, Consumers Price Index (all groups) 1964 No 136 s 155(2)–(3) Section 75 heading amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(1) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(2) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(3)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(3)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(6) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
76: Annual published notice of amount of income-from-assets exemption
1: The Director-General of Health must, as soon as practicable after 1 July in each year, give written notice of the current amount of the income-from-assets exemption.
2: A notice under this section must, as soon as practicable after it is given, be published on an Internet site administered by or on behalf of the Ministry of Health and be notified in the Gazette
3: A notification in the Gazette 1964 No 136 s 155(4) Section 76(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
77: Repeals and revocations
1: Sections 69FA 132D Part 4 Schedules 27 30
2: All regulations made by Order in Council, or other Orders in Council made under those provisions of that Act, and in force on the commencement of this section, are revoked by this subsection.
3: Subsection (2) does not revoke orders saved by Schedule 1 2018-11-26 Social Security Act 1964 See section 77(1)


Artificial Limb Service Act 2018

1: Title
This Act is the Artificial Limb Service Act 2018
2: Commencement
This Act comes into force on 26 November 2018. General provisions
3: Purpose of this Act
The purpose of this Act is to continue, state the functions of, and otherwise provide for, a New Zealand Artificial Limb Service.
4: Interpretation
In this Act, unless the context otherwise requires,— artificial limb
a: an artificial arm, hand, leg, or foot; or
b: a similar device Minister Service section 7 1938 No 7 s 106B; 1963 No 47 s 56; 1964 No 136 s 126 s 42
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in the Schedule
6: Act binds the Crown
This Act binds the Crown. Service’s continuation, functions, and operation
7: New Zealand Artificial Limb Service continued
1: This section continues the New Zealand Artificial Limb Service.
2: The Service is the New Zealand Artificial Limb Board—
a: established on 1 April 1990 by section 43(1) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
b: replacing the Artificial Limb Board (also known as the New Zealand Artificial Limbs Board) that the Rehabilitation Board, purporting to act under section 13 of the Rehabilitation Act 1941
c: renamed, and to be known as, the New Zealand Artificial Limb Service, after the commencement, on 5 December 2013, of the Social Welfare (Transitional Provisions) Amendment Act 2013
3: After 4 December 2013, a reference to the New Zealand Artificial Limb Board (established on 1 April 1990 by section 43(1) of the Social Welfare (Transitional Provisions) Act 1990 1990 No 26 s 43(1), (1A)
8: Functions
The functions of the Service are—
a: to manufacture, import, export, market, distribute, supply, fit, repair, and maintain artificial limbs:
b: to provide rehabilitative and other services to persons in connection with artificial limbs:
c: to carry out research and development in relation to artificial limbs:
d: to advise the Minister on matters relating to artificial limbs. 1990 No 26 s 44
9: Crown entity
1: The Service is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
3: Members of the Service are the board for the purposes of the Crown Entities Act 2004 1990 No 26 ss 43(2), (3) 46(2)
10: Membership
The Service consists of 6 members appointed under section 28(1)(a)
a: 1 member to be appointed by the Minister to represent the interests of war amputees:
b: 1 member to be appointed by the Minister on the nomination of the Amputees Federation of New Zealand Incorporated:
c: 1 member to be appointed by the Minister on the nomination of the New Zealand Orthopaedic Association:
d: 1 member to be appointed by the Minister to represent Health New Zealand
e: 1 member to be appointed by the Minister on the nomination of a majority of the current members of the Service. 1990 No 26 s 46(1) Section 10(d) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11: Deputies of members
1: The Minister may appoint a person to be the deputy of an appointed member of the Service.
2: The person may be appointed under subsection (1) only if eligible to be appointed as an appointed member of the Service.
3: A person appointed as the deputy of an appointed member of the Service may attend a meeting of the Service in the place of that appointed member. 1990 No 26 s 49 Schedule 3
12: Superannuation
1: To help provide a superannuation fund or retiring allowance for officers or employees of the Service, sums by way of subsidy may from time to time be paid into—
a: an existing scheme containing provision for employer subsidy; or
b: an employer-subsidised scheme approved by the Minister of Finance for the purposes of this section.
2: In subsection (1)(a), existing scheme sections 2 34(c) 1990 No 26 s 49 Schedule 3
13: Exemption from income tax
The income of the Service is exempt from income tax. 1990 No 26 s 49 Schedule 3
14: Review of Service’s operation and this Act
As soon as practicable after 5 years after the date of the last review carried out under section 48
a: review the Service’s operation since—
i: the date of the last review carried out under that Act (for the first review carried out under this paragraph); or
ii: the date of the last review carried out under this paragraph (for every later review); and
b: consider—
i: whether the Service should be retained or abolished; and
ii: whether any amendments to this Act
c: report its findings to the Minister. 1990 No 26 s 48 Repeal and consequential amendment
15: Repeal
Repeal Part 3 Schedule 3 2018-11-26 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Repeal Part 3 and Schedule 3 of the above
16: Public Bodies Contracts Act 1959 amended
1: This section amends the Public Bodies Contracts Act 1959
2: In Schedule 1 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (1990 No 26) Artificial Limb Service Act 2018 (2018 No 34) 2018-11-26 Public Bodies Contracts Act 1959 See section 16(2)


1: Title
This Act is the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018.
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 Education Act 1989 principal Act 2018-09-29 Education Act 1989
1: Amendments to principal Act
4: Section 348 amended (Interpretation)
1: In section 348 Education Council
2: In section 348 Teaching Council section 379(1)
5: Section 379 amended (Education Council of Aotearoa New Zealand established)
1: Replace the heading to section 379 Continuation and renaming of Council
2: Replace section 379(1)
1: The body called the Education Council of Aotearoa New Zealand—
a: is continued; and
b: is renamed the Teaching Council of Aotearoa New Zealand.
6: Section 380 replaced (Composition of Education Council)
Replace section 380
380: Composition of Teaching Council
1: The Teaching Council comprises 13 members as follows:
a: 6 members appointed by the Minister in accordance with clause 1 of Schedule 21
b: 7 elected members, being—
i: 1 teacher representing the early childhood education sector, elected by teachers from that sector; and
ii: 1 teacher representing the primary education sector, elected by teachers from that sector; and
iii: 1 teacher representing the secondary education sector, elected by teachers from that sector; and
iv: 1 teacher educator, elected by registered teachers working in the fields of initial and ongoing teacher education; and
v: 1 principal representing the primary education sector, elected by principals from that sector; and
vi: 1 principal representing the secondary education sector, elected by principals from that sector; and
vii: 1 early childhood education service leader, representing leadership in the early childhood education sector, elected by leaders from that sector.
2: Each of the elected members must be a registered teacher holding a current practising certificate, except the teacher educator, who need not hold a current practising certificate but must—
a: be a registered teacher; and
b: have 5 or more years of experience in the field of initial teacher education or ongoing teacher education, or both; and
c: be currently working in one of those fields.
3: The Minister must appoint one of the members appointed or elected under this section as chairperson.
4: The elected members of the Teaching Council must be nominated and elected in accordance with rules made under section 388.
5: However,—
a: elections must be held at least 4 months before members take office; and
b: the Teaching Council must provide confirmation of the election results to the Minister at least 3 months before members take office.
6: The electors specified in subsection (1)(b)(i), (ii), (iii), (v), and (vi)
a: registered teachers with current practising certificates; or
b: currently authorised persons.
7: The electors specified in subsection (1)(b)(vii)
380A: Term of office
1: The term of office of every member is 3 years and—
a: an appointed member may be reappointed for 2 more terms; and
b: an elected member may be re-elected for 2 more terms.
2: The term of office of all members—
a: begins at the same time (when the term of office of their immediate predecessors expires); and
b: ends at the same time (when their term of office expires).
380B: Removal of members
1: The Minister may remove an appointed member of the Teaching Council under clause 3(1) of Schedule 21.
2: The Minister may remove an elected member of the Teaching Council under clause 3(1A) of Schedule 21
7: Section 388 amended (Education Council to make rules)
Before section 388(1)(a)
aaa: the conduct of elections for electing members to the Teaching Council, including the election process; and
8: Schedule 1 amended
In Schedule 1, after Part 5A Part 5B Schedule 1
9: Schedule 21 amended
1: In the Schedule 21 Education Teaching
2: In Schedule 21, replace clause 1 Schedule 2
3: In Schedule 21, after clause 2(f)
g: an elected member of the Teaching Council—
i: who ceases to be registered as a teacher; or
ii: who ceases to hold a current practising certificate; or
iii: whose registration as a teacher is suspended; or
iv: whose practising certificate is suspended.
4: In Schedule 21, after clause 2
2: Subclause (1)(g)(ii) and (iv)
5: In Schedule 21, after clause 3(1)
1A: The Minister may, after consulting the Teaching Council, remove an elected member of the Teaching Council for just cause.
6: In Schedule 21, clause 3(2) revocation or removal
7: In Schedule 21, clause 4(1) is appointed or elected
8: In Schedule 21, after clause 4
4A: Extraordinary vacancies
1: An extraordinary vacancy occurs when a member dies or ceases to hold office.
2: If an extraordinary vacancy occurs within 6 months of the expiry of the vacating member’s term,—
a: the Minister, in the case of an appointed member, may—
i: appoint a replacement; or
ii: leave the vacancy open:
b: the Teaching Council, in the case of an elected member, may—
i: appoint a replacement; or
ii: leave the vacancy open.
3: If an extraordinary vacancy occurs more than 6 months before the expiry of the vacating member’s term,—
a: the Minister, in the case of an appointed member, must appoint a replacement:
b: the Teaching Council, in the case of an elected member, must—
i: appoint a replacement; or
ii: hold an election for a replacement.
4: A person appointed or elected to fill an extraordinary vacancy holds office only for the remainder of the vacating member’s term.
10: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 3
2: Consequential amendments to other enactments
11: Education Council Rules 2016 renamed
From the commencement of this section,—
a: the Education Council Rules 2016
b: every reference in any enactment and in any document to the Education Council Rules 2016
12: Consequential amendments to other enactments
1: Amend the enactments specified in Schedule 4
2: Unless the context otherwise requires, every reference in this Act or any other enactment to—
a: the Education Council must be read as a reference to the Teaching Council:
b: the Education Council of Aotearoa New Zealand must be read as a reference to the Teaching Council of Aotearoa New Zealand. 2018-09-29 Ombudsmen Act 1975 Privacy Act 1993 State Sector Act 1988 Education Council Rules 2016 Education (Early Childhood Services) Regulations 2008 Education (Registration of Early Childhood Services Teachers) Regulations 2004


1: Title
This Act is the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives Royal assent.
1: Amendments to Remuneration Authority Act 1977
3: Amendments to Remuneration Authority Act 1977
This Part amends the Remuneration Authority Act 1977 2018-09-29 Remuneration Authority Act 1977
4: Section 12 amended (Functions of Authority)
After section 12(2B)
2C: The Authority may not make a determination under subsection (1)(b) or (ba) on or after the commencement of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2018 that changes—
a: the maximum amount payable by way of superannuation subsidy in respect of a member of Parliament in the period from 1 July 2018 to 30 June 2019; or
b: the contribution that the member must make to the retirement scheme in the period from 1 July 2018 to 30 June 2019 in order to be entitled to any of the subsidy.
5: Section 19 amended (Frequency of adjustments)
After section 19(5)
6: Despite subsection (5), no determination may be issued in respect of the salaries or allowances of members of Parliament for the period from 1 July 2018 to 30 June 2019.
6: Schedule 1AA amended
In Schedule 1AA, after Part 1 Schedule
2: Amendment to Members of Parliament (Remuneration and Services) Act 2013
7: Amendment to Members of Parliament (Remuneration and Services) Act 2013
This Part amends the Members of Parliament (Remuneration and Services) Act 2013 2018-09-29 Members of Parliament (Remuneration and Services) Act 2013
8: Section 8 amended (Remuneration Authority to determine salaries and allowances)
After section 8(4)
5: The Remuneration Authority may not make a determination under this section in respect of the salaries and allowances to be paid to members of Parliament for the period from 1 July 2018 to 30 June 2019.


Maritime Powers Extension Act 2018

1: Title
This Act is the Maritime Powers Extension Act 2018.
2: Commencement
This Act comes into force on 1 October 2018
1: Main amendments to Customs and Excise Act 2018 and Misuse of Drugs Act 1975
1: Amendments to Customs and Excise Act 2018
3: Amendments to Customs and Excise Act 2018
This subpart amends the Customs and Excise Act 2018 2018-10-01 Customs and Excise Act 2018
4: New section 267A and cross-heading inserted
After section 267 Drugs smuggling outside New Zealand, etc
267A: Powers for dealing with drugs smuggling outside New Zealand, etc
1: Schedule 5A
2: The purpose of Schedule 5A
a: article 108 of the United Nations Convention on the Law of the Sea:
b: article 17 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
5: New Schedule 5A inserted
After Schedule 5 Schedule 5A Schedule
2: Amendment to Misuse of Drugs Act 1975
6: Amendment to Misuse of Drugs Act 1975
This subpart amends the Misuse of Drugs Act 1975 2018-10-01 Misuse of Drugs Act 1975
7: New sections 12D to 12F inserted
After section 12C
12D: Drugs smuggling outside New Zealand, etc: application of sections 12E and 12F, supplementary provisions, and definitions
Application of sections 12E and 12F
1: Sections 12E and 12F
a: New Zealand’s exclusive economic zone:
b: the high seas:
c: the exclusive economic zone of another State. Supplementary provisions relating to offences under sections 12E and 12F
2: For the purposes of sections 12E(1)(b) and (2)(d) and 12F(1)(b) and (2)(d)
a: the other person is not on a ship to which section 12E or 12F
b: D does not know the other person’s identity:
c: D does not know of the other person’s intention to import the controlled drugs or prohibited equipment or material into New Zealand.
3: For the purposes of sections 12E(2)(a) and 12F(2)(a)
4: For the purposes of sections 12E(3)(b) and (4)(a) and 12F(3)(b) and (4)(a)
a: the other person is not on a ship to which section 12E or 12F
b: D does not know the other person’s identity:
c: D does not know of the exportation of, or of the other person’s intention to export, the controlled drugs or prohibited equipment or material from New Zealand.
5: For the purposes of sections 12E and 12F
6: Section 28A applies to proceedings for an offence under section 12E or 12F
7: Section 29C does not apply to an offence under section 12E or 12F Definitions
8: In this section and sections 12E and 12F exclusive economic zone high seas
a: the internal waters, territorial sea, or exclusive economic zone of New Zealand or another State; or
b: the archipelagic waters of an archipelagic State prohibited equipment or material
a: a precursor substance; or
b: any equipment or material, other than a precursor substance, that is capable of being used in, or for, the commission of an offence under section 6(1)(b) ship
12E: Drugs smuggling outside New Zealand, etc: controlled drugs
Offences
1: A person ( D
a: there are controlled drugs on the ship and—
i: the controlled drugs are in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the controlled drugs on the ship; and
b: D or another person intends to import those controlled drugs into New Zealand; and
c: the importation would (if completed) be an offence under section 6(1)(a).
2: A person ( D D’s ship
a: there are controlled drugs on another ship to which this section applies; and
b: there is an arrangement for moving those controlled drugs onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of those controlled drugs onto D’s ship; and
d: D or another person intends to import those controlled drugs into New Zealand; and
e: the importation would (if completed) be an offence under section 6(1)(a).
3: A person ( D
a: there are controlled drugs on the ship and—
i: the controlled drugs are in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the controlled drugs on the ship; and
b: another person exported those controlled drugs from New Zealand; and
c: the exportation was an offence under section 6(1)(a).
4: A person ( D D’s ship
a: another person intends to export, or has exported, controlled drugs from New Zealand; and
b: the exportation would (if completed) be, or was, an offence under section 6(1)(a); and
c: there is an arrangement for moving those controlled drugs onto D’s ship; and
d: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of those controlled drugs onto D’s ship. Penalty
5: A person who commits an offence under this section is liable on conviction in accordance with section 6(2)(a) to (c). Defence
6: It is a defence to a prosecution for an offence under subsection (1) or (3) D
a: as the case may be, that—
i: D was in possession of the controlled drugs solely for the purpose of preventing their use or trafficking:
ii: D was knowingly concerned in the transportation, holding, or handling of the controlled drugs solely for the purpose of preventing their use or trafficking; and
b: that, as soon as possible after D became aware that the controlled drugs were on the ship,—
i: D took all reasonable steps to inform the person in charge of the ship that the controlled drugs were on the ship; or
ii: if D was the person in charge of the ship, D took all reasonable steps to inform at least 1 of the following that the controlled drugs were on the ship:
A: a representative of the company operating the ship (other than a representative who was on the ship):
B: an appropriate governmental authority at the port that, at the time D became aware that the controlled drugs were on the ship, was the next intended port of arrival for the ship.
12F: Drugs smuggling outside New Zealand, etc: prohibited equipment or material
Offences
1: A person ( D
a: there is prohibited equipment or material on the ship and—
i: the prohibited equipment or material is in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material on the ship; and
b: D or another person intends to import that prohibited equipment or material into New Zealand; and
c: D or the other person (as the case may be) knows that, if the importation is completed, that prohibited equipment or material will be used in New Zealand to commit an offence under section 6(1)(b).
2: A person ( D D’s ship
a: there is prohibited equipment or material on another ship to which this section applies; and
b: there is an arrangement for moving that prohibited equipment or material onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of that prohibited equipment or material onto D’s ship; and
d: D or another person intends to import that prohibited equipment or material into New Zealand; and
e: D or the other person (as the case may be) knows that, if the importation is completed, that prohibited equipment or material will be used in New Zealand to commit an offence under section 6(1)(b).
3: A person ( D
a: there is prohibited equipment or material on the ship and—
i: the prohibited equipment or material is in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material on the ship; and
b: another person exported that prohibited equipment or material from New Zealand knowing that it will be used to commit an offence under a provision of the law of the country to which it is being exported that corresponds to an offence under section 6(1)(b).
4: A person ( D D’s ship
a: another person intends to export, or has exported, prohibited equipment or material from New Zealand knowing that it will be used to commit an offence under a provision of the law of the country to which it would be, or is being, exported that corresponds to an offence under section 6(1)(b); and
b: there is an arrangement for moving that prohibited equipment or material onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of that prohibited equipment or material onto D’s ship. Penalty
5: A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 7 years. Defence
6: It is a defence to a prosecution for an offence under subsection (1) or (3) D
a: as the case may be, that—
i: D was in possession of the prohibited equipment or material solely for the purpose of preventing its use or trafficking:
ii: D was knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material solely for the purpose of preventing its use or trafficking; and
b: that, as soon as possible after D became aware that the prohibited equipment or material was on the ship,—
i: D took all reasonable steps to inform the person in charge of the ship that the prohibited equipment or material was on the ship; or
ii: if D was the person in charge of the ship, D took all reasonable steps to inform at least 1 of the following that the prohibited equipment or material was on the ship:
A: a representative of the company operating the ship (other than a representative who was on the ship):
B: an appropriate governmental authority at the port that, at the time D became aware that the prohibited equipment or material was on the ship, was the next intended port of arrival for the ship.
2: Consequential and related amendments
1: Amendments to Customs and Excise Act 2018
8: Amendments to Customs and Excise Act 2018
This subpart amends the Customs and Excise Act 2018 2018-10-01 Customs and Excise Act 2018
9: Section 4 amended (Overview of Act)
In section 4(5) Part 4 (including Schedule 5A
10: Section 176 amended (Goods forfeited)
After section 176(1)(u)
v: a ship treated as forfeited under clause 8(3) of Schedule 5A
11: Section 199 amended (Detention of craft suspected to be involved in offences or smuggling migrants)
Replace section 199(2) and (3)
2: A Customs officer—
a: may detain the craft at the place where it is:
b: may also direct—
i: that the craft proceed to the nearest Customs place or to any other place that the officer considers appropriate; and
ii: that the craft’s detention continue during the craft’s journey to that place, and at that place once the craft arrives there.
2A: A power in subsection (2)
2B: If a direction is given under subsection (2)(b)
a: direct any person on the craft to take any specified action:
b: take charge of the craft:
c: arrange for the craft to be towed by another craft.
3: Subsection (4) applies if the person in charge of the craft attempts, or threatens, to cause the craft to depart, without a certificate of clearance, from a place where it is detained under subsection (2)
2: Amendments to Misuse of Drugs Act 1975
12: Amendments to Misuse of Drugs Act 1975
This subpart amends the Misuse of Drugs Act 1975 2018-10-01 Misuse of Drugs Act 1975
13: Section 28A amended (Consent of Attorney-General required in proceedings under section 12C)
1: In the heading to section 28A 12C , 12E, or 12F
2: In section 28A(1) and (2) 12C , 12E, or 12F
14: Section 29 amended (Mistake as to nature of controlled drug or precursor substance)
In section 29 section 12AC or section 12E or section 12F
15: Section 35A amended (Further provision on crimes to be treated as included in extradition treaties)
In section 35A(1) and 12C 12C, 12E 12F
16: Section 35C amended (Restrictions on surrender of offenders)
In section 35C(1) and 12C 12C, 12E 12F
3: Amendment to Search and Surveillance Act 2012
17: Amendment to Search and Surveillance Act 2012
This subpart amends the Search and Surveillance Act 2012 2018-10-01 Search and Surveillance Act 2012
18: Schedule amended
In the Schedule, after the item relating to section 243 The following table is medium in size and has 4 columns. This table is an amendment to the table in the Schedule of the Search and Surveillance Act 2012 and should be read with that table to provide understanding of the context. clause 9(2) to (5) of Schedule 5A Customs officer may exercise search powers in dealing with drugs smuggling outside New Zealand, etc Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfeited goods)


1: Title
This Act is the Military Justice Legislation Amendment Act 2018.
2: Commencement
This Act comes into force on 30 November 2018
1: Amendments to Armed Forces Discipline Act 1971
3: Principal Act
This Part Armed Forces Discipline Act 1971 principal Act 2018-11-30 Armed Forces Discipline Act 1971
4: Section 3 amended (Special provisions relating to the interpretation, etc, of Part 2)
Repeal section 3(2)
5: New sections 5A and 5B inserted
After section 5
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5B: Act binds the Crown
This Act binds the Crown.
6: Section 101A amended (Judge Advocate General may grant bail pending trial)
1: In section 101A(4)(a) and (4)
2: After section 101A(4)(a)
aa: must take into account any views of a victim to which Part 10A section 198D
7: New section 102A inserted (Commanding officer must determine whether offence is specified offence)
After section 102
102A: Commanding officer must determine whether offence is specified offence
1: If the commanding officer of an accused causes an allegation to be recorded in the form of a charge, the commanding officer must determine whether the alleged offence has 1 or more victims.
2: If the commanding officer of the accused determines that the alleged offence has 1 or more victims, the commanding officer must determine whether the alleged offence is a specified offence.
3: If the commanding officer of the accused determines that the alleged offence is a specified offence,—
a: the commanding officer of the accused must, for each victim,—
i: advise the commanding officer of the victim and the Director of Military Prosecutions of that determination; and
ii: if the victim does not have a commanding officer, appoint a member of the Defence Force to assist the victim; and
b: Part 10A
4: Part 10A subsection (3)(b) section 117ZIA
5: In this section, specified offence victim section 198B 2002 No 39 s 29A
8: New section 117ZIA inserted (Director to determine whether offence is specified offence)
After section 117ZI
117ZIA: Director to determine whether offence is specified offence
1: This section applies to a charge that is referred to the Director of Military Prosecutions under this Part.
2: The Director must determine whether the alleged offence—
a: has 1 or more victims; and
b: is a specified offence.
3: If, and to the extent that, the Director determines that a victim identified by the commanding officer is not a victim or that the alleged offence is not a specified offence, Part 10A section 102A(3)(b)
4: In this section, specified offence victim section 198B 2002 No 39 s 29A
9: Section 155 amended (Procedure for reconsideration)
1: After section 155(1)
1A: The Authority must take all reasonable steps to give every victim of the service prisoner or detainee prior written notice of the reconsideration.
1B: A victim of the service prisoner or detainee may—
a: write to the Authority by a given date, making submissions on, or giving information relevant to, the reconsideration; and
b: if the reconsideration relates to a prisoner who is subject to a long-term sentence, request information on the prisoner.
2: Replace section 155(3)
3: If the service prisoner or detainee requests a hearing under subsection (2)(a),—
a: the Director of Military Prosecutions—
i: must be given reasonable prior written notice of the date and time of the hearing; and
ii: may attend and be heard at the hearing (whether personally or through an agent); and
b: the Authority must make reasonable efforts to ensure that every victim of the service prisoner or detainee is given reasonable prior written notice of the date and time of the hearing.
3A: Every victim of the service prisoner or detainee is entitled—
a: to appear and make oral submissions to the Authority for the purpose of assisting the Authority to reach a decision; and
b: with the leave of the Authority, to be represented by counsel; and
c: to be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Authority), who may, with the leave of the Authority,—
i: speak in support of the victim; and
ii: with the permission of the victim, speak on behalf of the victim.
3: After section 155(4)
5: In this section,— long-term sentence victim section 198I
10: New section 155A inserted (Information for victims)
After section 155
155A: Information for victims
1: If a victim requests information under section 155(1B)(b)
a: a list of any programmes that the service prisoner has attended since commencing the service prisoner’s sentence, and a list of any programmes that the service prisoner has completed:
b: a statement of the service prisoner’s current security classification:
c: a list of any offences that the service prisoner has been convicted of since commencing the service prisoner’s sentence:
d: a statement that the purpose of providing the victim with information about the service prisoner is to assist the victim to make submissions, and that the information is not to be used for any other purpose.
2: The relevant person must prepare the information and send it to the victim and the Authority before every reconsideration hearing for the service prisoner.
3: In this section, relevant person
a: if the service prisoner is detained in a prison, the chief executive of the Department of Corrections; or
b: in every other case, the Director of Military Prosecutions. 2002 No 10 s 44
11: Section 161 amended (Purpose of Discipline Committee)
In section 161 the sentencing practice of the Court Martial sentencing practice
12: Section 187 amended (Interpretation of terms used in this Part)
1: In section 187(1) health assessor
a: a practising psychiatrist who is a medical practitioner; or
b: a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; or
c: in the case of a trial in the Court Martial held overseas, a person approved by the Judge
2: In section 187(1) qualified medical practitioner
13: New section 187A inserted (Court Martial to act through Judge alone)
After section 187
187A: Court Martial to act through Judge alone
1: The Court Martial must act through the Judge alone when exercising any power or performing any function or duty under this Part.
2: Subsection (1) sections 190(2A) and 194(1B)
14: Section 188 amended (When Court may find accused unfit to stand trial)
Repeal section 188(2) to (4) and (6)
15: Section 188A amended (Determining if accused unfit to stand trial)
1: In section 188A(1) If the Court Martial records a finding of the kind specified in section 188(6), the Court must In order to determine whether an accused is unfit to stand trial, the Court Martial must
2: In section 188A(1) 1 qualified medical practitioner 2 health assessors
3: After section 188A(2)
3: If the Court records a finding under subsection (2) that the accused is fit to stand trial, the Court must continue the proceedings.
16: New sections 188C to 188E inserted
After section 188B
188C: Inquiry before trial into accused’s involvement in offence
1: This section applies if, before trial, the accused is found unfit to stand trial.
2: The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
3: A special hearing must be held to ascertain whether the Court Martial is satisfied of the matter specified in subsection (2)
188D: Inquiry during trial into accused’s involvement in offence
1: This section applies if, during a trial, the accused is found unfit to stand trial.
2: The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
3: For the purposes of subsection (2)
a: consider any evidence presented at the trial:
b: hear any new evidence.
188E: Outcome of consideration of accused’s involvement
1: If the Court Martial is not satisfied of the matter specified in section 188C(2) or 188D(2)
a: the Court must record a finding of not guilty on the charge:
b: the finding that the accused is unfit to stand trial is deemed for all legal purposes to have been quashed.
2: If the Court Martial is satisfied of the matter specified in section 188C(2) or 188D(2)
a: record a finding to that effect; and
b: proceed to deal with the accused under section 191.
17: Section 190 amended (Finding of insanity)
After section 190(2)
2A: Section 55 of the Court Martial Act 2007 applies to a finding under this section.
18: Section 191 amended (Order to be made if person unfit to stand trial or insane)
In section 191(2) medical evidence the evidence of 1 or more health assessors
19: Section 194 amended (Power of Court Martial to commit to hospital on conviction)
1: In section 194(1A) by a certificate of 1 qualified medical practitioner on the evidence of 1 or more health assessors
2: After section 194(1A)
1B: A sentence passed or an order made under subsection (1) is a sentence of the Court Martial, and section 61 of the Court Martial Act 2007 applies to both a sentence and an order under that subsection.
20: Section 196 amended (Insanity of certain persons while serving sentences of imprisonment under this Act)
In section 196(2) qualified medical practitioner health assessor
21: New Part 10A inserted
After section 198
10A: Victims’ rights
198A: Application of this Part
1: This Part applies to a victim of a specified offence.
2: Subsection (1) sections 102A(4) and 117ZIA(3)
198B: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— address Director immediate family specified offence support person victim victim support officer section 102A(3)(a)(ii)
198C: Rights to be accorded to victim of specified offence
The victim support officer and the Director must make all reasonable efforts to ensure that a victim of a specified offence is accorded the rights set out in this Part. Victim’s views about release on bail of accused or offender
198D: Victim’s views about release on bail of accused or offender
1: This section applies if—
a: the victim is a victim of a specified offence; and
b: the Judge Advocate General or a Judge of the Court Martial is required to determine whether to grant bail to the person who is accused of the offence.
2: If this section applies, the Director must—
a: make all reasonable efforts to ascertain any views that the victim has about the accused being released on bail; and
b: inform the Judge Advocate General or (as the case requires) a Judge of the Court Martial of any views ascertained under paragraph (a) 2002 No 39 s 30 Right to receive notice of certain matters and to appoint representative
198E: Right to receive notice of certain matters and to appoint representative
1: A victim of a specified offence has a right to receive notice of the matters described in sections 198J to 198N
2: The victim support officer must inform a victim who is a victim of a specified offence—
a: that the victim has the right to receive any notice under sections 198J to 198N
b: that, if the victim wants to receive the notices, the victim (or, if a representative is appointed, the victim’s representative) must request the Director to ensure that the victim is given notice under sections 198J to 198N
i: the victim must give the Director the victim’s address; or
ii: if a representative is appointed to receive the notices, the victim or the victim’s representative must give the Director the representative’s name and address; and
c: that the name and address of the victim (or, if a representative is appointed, the name and address of the victim’s representative)—
i: will be provided to the Judge Advocate General to ensure that the victim receives any notice given under section 20 of the Prisoners’ and Victims’ Claims Act 2005; and
ii: may, if section 198N
3: The Director may provide the name and address of the victim or the victim’s representative to—
a: the Judge Advocate General for the purpose described in subsection (2)(c)(i)
b: the department described in subsection (2)(c)(ii)
4: Subsection (5)
a: asking for, receiving, or understanding a notice under any of sections 198J to 198N
b: appointing a representative.
5: If this subsection applies, the Director must inform a support person of the victim that a representative of the victim may be appointed. 2002 No 39 ss 31, 33C Provisions relating to giving and receiving of notices and appointment of representatives
198F: Change of address of victim or representative
1: A victim may change the address given under section 198E(2)(b)
2: A victim or a victim’s representative may change the representative’s address given under section 198E(2)(b)
3: The Director must confirm receipt of a notification to the person who made the notification. 2002 No 39 s 33A
198G: Victim may opt out of receiving notices
1: A victim may notify the Director in writing that they no longer wish to receive notices under sections 198J to 198N
2: The Director must confirm receipt of a notification to the person who made the notification. 2002 No 39 s 33B
198H: Sections 40 to 46 of Victims’ Rights Act 2002 apply
1: The following provisions of the Victims’ Rights Act 2002, with the modifications specified in subsection (2)
a: sections 40 to 45 (relating to the appointment of a representative to receive notices on behalf of a victim):
b: section 46 (specifying the ways in which notices may be given).
2: The modifications are—
a: a reference to a notice under any of sections 34 to 39 of the Victims’ Rights Act 2002 is to be treated as a reference to a notice under any of sections 198J to 198N
b: any other necessary modifications. Sections 198J to 198N apply only to certain victims who request notice and give address
198I: Application of sections 198J to 198N
Sections 198J to 198N
a: the victim or the victim’s representative has requested the Director to ensure that the victim is given notice under sections 198J to 198N
b: the victim or the victim’s representative has given the Director the victim’s address or the name and address of the victim’s representative. 2002 No 39 s 32B Notice of certain matters to be given to victim
198J: Notice of release on bail of accused or offender
1: The Director must, as soon as practicable, give notice of the matters specified in subsection (2)
2: The matters are—
a: whether the person accused of the offence (or, as the case requires, the offender) has been released on bail; and
b: if the person accused of the offence (or, as the case requires, the offender) has been released on bail, any terms or conditions of release imposed at any time that—
i: relate to the safety and security of the victim, or of 1 or more members of the victim’s immediate family, or of both; or
ii: require the accused or offender not to associate with, or not to contact, the victim, or 1 or more members of the victim’s immediate family, or both; and
c: the details of any order made by the Court Martial or Judge Advocate General that varies, revokes, or substitutes any term or condition of release referred to in paragraph (b)
d: if an application for release on bail has been made and the hearing of that application has been adjourned, the date to which the hearing has been adjourned.
3: In this section, release on bail
a: until the hearing of proceedings:
b: during an adjournment of proceedings:
c: until sentencing:
d: until determination of an appeal against conviction or sentence.
4: However, nothing in this section requires or permits the Director to give notice of a matter contrary to any provision of or contrary to any order made under subpart 3 of Part 5 of the Criminal Procedure Act 2011. 2002 No 39 s 34
198K: Notice of release or escape from custody, or of death, of accused or offender
1: The Director must give a victim to whom this section applies—
a: reasonable prior notice of the accused’s or offender’s impending temporary or permanent release from custody:
b: notice, as soon as practicable, of the accused’s or offender’s—
i: escape from custody, unless the accused or offender sooner returns, or is returned to, the place of custody:
ii: death in custody:
c: notice, as soon as practicable, of the accused’s or offender’s death while on bail.
2: In this section, custody
3: If the release or escape is from, or the death occurs in, a prison, the chief executive of the Department of Corrections must give the Director notice of the matters described in subsection (1) 2002 No 39 s 35
198L: Notice of breach of release or detention conditions
The Director must, as soon as practicable, give a victim to whom this section applies notice of—
a: the breach by the accused or offender of any terms or conditions of release of the type described in section 198J(2)(b)(i) and (ii)
b: the conviction of the accused or offender for an offence against section 45 or 45A:
c: the sentence imposed on the accused or offender in respect of a conviction referred to in paragraph (b) 2002 No 39 s 36
198M: Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
1: This section applies only if the accused or offender is liable to be detained in a hospital or facility in connection with the offence as a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 in accordance with Part 10 of this Act.
2: The Director must give a victim to whom this section applies—
a: reasonable prior notice of an impending discharge of the accused or offender from the hospital or facility; and
b: reasonable prior notice of the first unescorted leave of absence from the hospital or facility granted to the accused or offender under a leave provision; and
c: reasonable prior notice of the first unescorted overnight leave of absence granted to the accused or offender under a leave provision; and
d: notice, as soon as practicable, of every escape by the accused or offender; and
e: notice, as soon as practicable, of the death (whether within or outside a hospital or facility) of the accused or offender; and
f: notice, as soon as practicable, of the accused or offender ceasing to be a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.
3: To avoid doubt, in subsection (2)(b) facility hospital
4: In this section, leave provision
5: The Director-General of Health must give the Director notice of the matters described in subsection (2) 2002 No 39 ss 37, 38
198N: Notice of proposal to cancel or suspend liability for deportation
1: A victim to whom this section applies is entitled to receive a notice in accordance with section 39 of the Victims’ Rights Act 2002 if—
a: the offender is liable for deportation under the Immigration Act 2009 as a result of any criminal offending; and
b: the Minister of Immigration is considering cancelling or suspending the offender’s liability for deportation or the offender appeals against the offender’s liability for deportation to the Immigration and Protection Tribunal.
2: Section 39(2), (3), (5), and (6) of the Victims’ Rights Act 2002 applies in relation to the victim with the following modifications:
a: a reference to a specified person in that section must be treated as a reference to the Director; and
b: any other necessary modifications. 2002 No 39 s 39 Submissions on deportation of offender
198O: Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
A victim to whom this Part applies may make submissions to the Minister of Immigration and to the Immigration and Protection Tribunal, in accordance with sections 173 and 208 of the Immigration Act 2009. 2002 No 39 s 48
22: Section 206 amended (Defence Force Orders)
1: In section 206(1)(b) officers and warrant officers
2: Repeal section 206(1)(c)
23: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
2: Amendments to Court Martial Act 2007
24: Principal Act
This Part Court Martial Act 2007 principal Act 2018-11-30 Court Martial Act 2007
25: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
26: Section 15 repealed (Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges)
Repeal section 15
27: Section 26 amended (Procedure for assigning military members)
1: In section 26(1)(b) proceedings ; and
2: After section 26(1)(b)
c: the Director of Military Prosecutions.
3: In section 26(2)(b) accused or the Director of Military Prosecutions
4: In section 26(3) notice under subsection (1)(b) notices under subsection (1)(b) and (c)
5: In section 26(3)(b) the accused has the accused and the Director of Military Prosecutions have
28: Section 27 amended (Accused may object against assignment of person as military member)
1: In the heading to section 27 Accused may object against Objections against
2: In section 27(1) accused or the Director of Military Prosecutions
3: In section 27(4)(b)(ii) by the accused
4: In section 27(4)(b)(iii) accused ; and
5: After section 27(4)(b)(iii)
iv: the Director of Military Prosecutions.
6: In section 27(6)(b) and the accused , the accused, and the Director of Military Prosecutions
29: Section 28 amended (Substitute military members)
1: In section 28(1) the Registrar may , before the accused has entered a plea to the charge at the trial,
2: In section 28(2)(a) before the beginning, or in the course, of the trial
3: In section 28(3) accused or the Director of Military Prosecutions
4: After section 28(3)
4: If, after the accused has entered a plea to the charge at the trial, a military member is unable to continue for one of the reasons specified in subsection (2), the Judge must discharge all of the military members and refer the charge back to the Director of Military Prosecutions.
5: The Director of Military Prosecutions may—
a: decide not to proceed with the charge; or
b: lay the charge sheet again, or an amended version of the charge sheet, before the Registrar.
6: If subsection (5)(b)
30: Section 49 amended (Judge may grant bail pending trial)
After section 49(4)(a)
aa: must take into account any views of a victim to which Part 10A of the Armed Forces Discipline Act 1971 applies that are conveyed in accordance with section 198D of that Act; and
31: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 2
3: Amendments to Court Martial Appeals Act 1953
32: Principal Act
This Part Court Martial Appeals Act 1953 principal Act 2018-11-30 Court Martial Appeals Act 1953
33: New sections 2A and 2B inserted
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
2B: Act binds the Crown
This Act binds the Crown.
34: Section 9EA amended (Appeal by accused against finding relating to fitness to stand trial)
1: Replace section 9EA(1)
1: A person in relation to whom the Court Martial has made a finding as to fitness to stand trial may appeal against 1 or both of the following findings:
a: that the evidence against the person is sufficient to establish that the person caused the act or omission that forms the basis of the offence with which the person is charged:
b: that the person is, according to the finding, fit or unfit to stand trial.
2: In section 9EA(5) qualified medical practitioners health assessors
35: New section 9EB inserted (Appeal against order for detention, release, etc)
After section 9EA
9EB: Appeal against order for detention, release, etc
1: This section applies to the following orders and decisions made under section 191 of the Armed Forces Discipline Act 1971 in respect of a person tried by the Court Martial:
a: an order for the person’s detention under section 191(1) or (2)(a) of that Act:
b: an order for the person’s release under section 191(2)(b) of that Act:
c: a decision, made under section 191(2)(c) of that Act, not to make an order.
2: The person and the Director of Military Prosecutions have the same right of appeal against the order or decision as they would have if the order or decision were a sentence.
3: The provisions of this Act, to the extent that they are applicable and with any necessary modifications, apply to the appeal.
4: The court may—
a: dismiss the appeal:
b: if the appeal is against an order, vary the order:
c: cancel the order or decision and substitute another order or decision under section 191(1) or (2) of the Armed Forces Discipline Act 1971.
36: New Schedule 1 inserted
Insert the Schedule 1 Schedule 3