Maritime Powers Act 2022

1: Title
This Act is the Maritime Powers Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: provide clear powers for the enforcement of New Zealand’s criminal law in international waters; and
b: uphold New Zealand’s rights and obligations under international law, particularly the United Nations Convention on the Law of the Sea, consistent with international human rights law.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Armed Forces section 2(1) biometric information
a: 1 or more of the following kinds of information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching coastal State section 14(a) constable section 4 contiguous zone section 8A continental shelf section 2(1) Crown entity section 7(1) Customs officer section 5(1) Customs place section 5(1) enforcement officer
a: a constable:
b: a Customs officer:
c: a member of the Armed Forces:
d: an Endangered Species Officer within the meaning of section 35(1) section 35(2)
e: a ranger appointed under section 38(1)
f: a warranted officer appointed under section 59(1) exclusive economic zone section 9 extraterritorial offence section 5 flag State foreign ship
a: that is not a New Zealand ship; and
b: that—
i: is registered in a State other than New Zealand; or
ii: is entitled to fly the flag, or to display the marks of registry, of a State other than New Zealand foreign waters 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 internal waters section 4 international waters New Zealand section 3 New Zealand ship section 2 person in charge of the ship person in charge of a ship personal information section 7(1) presence requirement
a: is present in New Zealand; or
b: has been found in New Zealand and has not been extradited; or
c: arrives in New Zealand on board a ship in the course or at the end of a journey during which the act or omission that is an offence against New Zealand law was done or omitted pursued without interruption section 6 ship section 2 ship without nationality
a: is not registered in, or otherwise entitled to fly the flag or display the marks of registry of, any State; or
b: sails under the flags of 2 or more States or relevant territories, or under the flags of a State and a relevant territory, using them according to convenience specified offence territorial sea section 3 unique identifier Search and Surveillance Act 2012
2: For the purposes of this Act, a ship is involved in an extraterritorial offence
a: an extraterritorial offence has been, is being, or will be committed on the ship; or
b: the ship has been, is, or is likely to be otherwise involved in the commission, or in facilitating the commission, of an extraterritorial offence.
5: Meaning of extraterritorial offence
1: In this Act, extraterritorial offence
a: an act or omission done by the person outside New Zealand or in any particular place outside New Zealand for which the person is liable on conviction under New Zealand law to imprisonment for life or to 2 or more years’ imprisonment; or
b: an offence against New Zealand law for which the person is liable on conviction to imprisonment for life or to 2 or more years’ imprisonment because of an enactment providing that an act or omission of the person or any other person that occurred outside New Zealand is deemed to have occurred in New Zealand. Examples
Example 1 Proceedings may be brought in New Zealand against a New Zealand citizen for acts or omissions outside New Zealand that constitute the offence of migrant smuggling under section 98C section 98D see section 7A Example 2 A New Zealand citizen may be liable for an act done or omitted outside New Zealand that, if done or omitted in New Zealand, would be the offence of dealing with controlled drugs under section 6 see section 12C Example 3 A person may be convicted of piracy under section 92 Example 4 A person may be liable for an act done or omitted on board a New Zealand ship outside New Zealand that, if done or omitted in New Zealand, would be an offence punishable by 2 or more years’ imprisonment ( see section 8 Effect of presence requirement
2: For the purpose of exercising powers under this Act, an offence that has a presence requirement in relation to a person may be treated as an extraterritorial offence under subsection (1) Effect of requirement for flag State consent for extraterritorial jurisdiction
3: If an enactment other than this Act has the effect that an act or omission done outside New Zealand by a person is an extraterritorial offence as described in subsection (1)
a: the requirement for the consent of the flag State may be satisfied under this Act; and
b: if that requirement is satisfied under this Act, it is treated as having been satisfied at all times in relation to the other enactment.
6: Meaning of pursued without interruption
1: A ship is pursued without interruption
a: the person in charge of the ship is required by an enforcement officer, or other person having lawful authority to do so, to stop the ship or facilitate boarding of the ship; and
b: the enforcement officer or other person communicates the requirement by the giving of a visual or an auditory signal to stop (which, without limitation, may consist of hailing the ship by radio) using reasonable efforts to ensure that the person in charge of the ship understands and is aware of the communication; and
c: the requirement is not complied with; and
d: the ship is pursued from that place; and
e: the pursuit is not interrupted.
2: A requirement communicated in accordance with subsection (1)(b)
3: For the purpose of subsection (1)(e)
a: it is continued by an enforcement officer, or other person having lawful authority to do so, other than the person who communicated the requirement referred to in subsection (1)(a)
b: it is begun, or taken over, by a ship or an aircraft (including a ship or an aircraft of another State) other than the ship or aircraft from which the requirement was communicated; or
c: if the pursuit is continued by a ship or aircraft of another State, there is no enforcement officer on board the ship or aircraft; or
d: the ship being pursued is out of sight of any or all of the enforcement officers, or officers of a foreign State, involved in the pursuit; or
e: the ship cannot be tracked by radio, radar, satellite, sonar, or any other remote means.
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
9: Act does not limit other functions, duties, or powers
1: Unless otherwise provided in this Act, this Act does not limit or affect the functions, duties, or powers of any person under any other enactment or rule of law.
2: Without limiting subsection (1)
a: limits powers exercisable in accordance with New Zealand’s rights and obligations under international law under any enactment or otherwise in internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, or with respect to the continental shelf; or
b: extinguishes any power or authority exercisable by virtue of the prerogative of the Crown.
10: Immunities of warships, etc, not affected
Nothing in this Act limits the immunities of the following:
a: any foreign warship:
b: any other foreign governmental ship operated for non-commercial purposes:
c: any foreign military aircraft:
d: members of the crew of a ship or an aircraft to which any of paragraphs (a) to (c)
2: Powers
Geographical application of powers in this Part
11: Geographical application of powers in this Part
1: This Act applies to any ship that is in any of the following:
a: international waters:
b: foreign waters.
2: This section is subject to section 33 Restriction on exercise of powers in relation to foreign ship
12: Restriction on exercise of powers in relation to foreign ship
1: In relation to a foreign ship, the powers under this Act are exercisable—
a: only if, and to the extent that, the flag State has consented to the exercise of the powers; and
b: subject to any conditions that the flag State attaches to its consent.
2: Consent is not required under subsection (1)
a: in respect of an offence dealt with in—
i: sections 92 to 97
ii: section 98
b: in the exclusive economic zone in respect of an offence against—
i: the Marine Mammals Protection Act 1978
ii: the Wildlife Act 1953
c: after a ship has been pursued without interruption from New Zealand in respect of a contravention of New Zealand law; or
d: after a ship has been pursued without interruption from within the contiguous zone to investigate or prevent a contravention of New Zealand’s customs, fiscal, immigration, or sanitary laws in New Zealand; or
e: after a ship has been pursued without interruption from within the exclusive economic zone to investigate or prevent an offence against—
i: the Marine Mammals Protection Act 1978
ii: the Wildlife Act 1953
f: after a ship has been pursued without interruption from the sea above the continental shelf in respect of a contravention of New Zealand law over which New Zealand has jurisdiction under section 7(1)
3: For the purpose of subsection (2)(c)
a: that ship and 1 or more other ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is in New Zealand at the time the pursuit begins.
4: For the purpose of subsection (2)(d)
a: 2 or more ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is within the contiguous zone at the time the pursuit begins.
5: For the purpose of subsection (2)(e)
a: 2 or more ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is within the exclusive economic zone at the time the pursuit begins.
6: For the purpose of subsection (2)(f)
a: 2 or more ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is in the sea above the continental shelf at the time the pursuit begins. Exercise of powers to verify nationality of ship
13: Power to verify nationality of ship without consent of flag State
1: This section applies in relation to a ship that an enforcement officer suspects on reasonable grounds is a ship without nationality.
2: An enforcement officer may exercise the powers described in section 16(2)
3: If, after exercising all or any of the powers described in section 16(2) section 12 Restriction on exercise of powers in foreign waters
14: Restriction on exercise of powers in foreign waters
The powers under this Act may be exercised in foreign waters—
a: only if, and to the extent that, the State in whose waters the powers would be exercised has consented to the exercise of the powers; and
b: subject to any conditions that the State attaches to its consent. Effect of requirement for Attorney-General to consent to prosecution on exercise of powers
15: Effect of requirement for Attorney-General to consent to prosecution on exercise of powers
If an enactment provides that proceedings may be brought against a person for an extraterritorial offence only with the consent of the Attorney-General, powers may be exercised under this Act even before that consent has been sought or obtained. Grounds for exercising powers
16: Grounds for exercising powers
1: An enforcement officer may exercise the powers in this Part only if—
a: the enforcement officer—
i: has reasonable grounds to suspect that a person has committed, is committing, or will commit an offence that is an extraterritorial offence; and
ii: has reasonable grounds to believe that the person is on a ship; or
b: the enforcement officer has reasonable grounds to believe there is evidence on a ship of the commission of an extraterritorial offence; or
c: the enforcement officer has reasonable grounds to suspect a ship is involved in an extraterritorial offence; or
d: the enforcement officer —
i: has reasonable grounds to suspect that a person has committed a specified offence in New Zealand; and
ii: has reasonable grounds to believe that the person is on a ship; or
e: the enforcement officer has reasonable grounds to believe that there is evidence on a ship of the commission of a specified offence in New Zealand.
2: Despite subsection (1) sections 17 18, 20(2)
3: If, after exercising all or any of the powers described in subsection (2)
4: No warrant is needed for the exercise of powers under this Part. Powers
17: Stopping
1: An enforcement officer may require the person in charge of a ship to stop the ship.
2: The enforcement officer must communicate the requirement by the giving of a visual or an auditory signal to stop (which, without limitation, may consist of hailing the ship by radio) using reasonable efforts to ensure that the person in charge of the ship understands and is aware of the communication.
3: A requirement communicated in accordance with subsection (2)
4: If the person in charge of the ship does not comply with a requirement under subsection (1)
a: chase the ship:
b: if the ship continues to fail to stop, do 1 or more of the following:
i: use any reasonable means to obstruct the passage of the ship:
ii: use any reasonable means to halt or slow the passage of the ship, including by fouling the propellers of the ship:
iii: fire a warning shot:
c: as a last resort, after having fired a warning shot, fire at or onto the ship to compel it to stop.
5: When exercising powers under this section, an enforcement officer must have regard to—
a: the safety and welfare of those on board the ship that is being stopped; and
b: the safety and welfare of those on board the pursuing ship; and
c: the protection of the marine environment.
18: Boarding
1: An enforcement officer may board a ship.
2: An enforcement officer may require the person in charge of a ship to take reasonable steps to facilitate the boarding of the ship.
3: The requirement may be communicated by any reasonable means.
19: Requirement to identify
An enforcement officer who exercises the power to board a ship or, if more than 1 enforcement officer boards the ship, the enforcement officer in charge of the boarding of the ship must, before or after boarding the ship,—
a: identify himself or herself to the person in charge of the ship, either by name or by unique identifier; and
b: state that the power to board the ship is being exercised under this Act and the reason for it unless it is impracticable to do so in the circumstances; and
c: if the enforcement officer is not in uniform, produce evidence of the officer’s identity.
20: Searching
1: An enforcement officer may—
a: search a ship for a person who the enforcement officer has reasonable grounds to suspect has committed, is committing, or will commit an extraterritorial offence:
b: search a ship and any person on the ship for evidence that an extraterritorial offence has been committed, is being committed, or will be committed:
c: search a ship for a person who the enforcement officer has reasonable grounds to suspect has committed a specified offence in New Zealand:
d: search a ship and any person on the ship for evidence of the commission of a specified offence in New Zealand.
2: If an enforcement officer suspects on reasonable grounds that a ship is a ship without nationality, an enforcement officer may search the ship for any evidence relevant to the nationality of the ship.
3: For the purpose of subsections (1) and (2)
4: Subparts 1 4 section 121 subparts 5 6 section 160 Part 4
5: Subsection (3) Search and Surveillance Act 2012 subsection (4)
6: The power to search a person or thing under this section may be exercised on the ship or elsewhere.
21: Internal search of person
1: In the circumstances set out in subsection (2)
a: an X-ray machine or other similar device; or
b: a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
2: The circumstances are that—
a: the person is under arrest for an offence against section 6 11 12C 12E 12F
b: the enforcement officer has reasonable grounds to believe that the person has secreted within his or her body any property—
i: that may be evidence of the offence with which the person is charged; or
ii: the possession of which by the person constitutes any other offence against section 6 11 12C 12E 12F
3: A medical practitioner must not conduct an internal examination if he or she—
a: considers that to do so may be prejudicial to the person’s health; or
b: is satisfied that the person is not prepared to permit an internal examination to be conducted.
4: The power under this section may be exercised on the ship or elsewhere.
22: Requiring production of document or other thing
1: An enforcement officer may require a person on board a ship to produce any document or other thing.
2: If anything required to be produced under subsection (1)
3: Section 60 subsection (1)
23: Detention of ship
1: A power in subsection (2)
2: An enforcement officer—
a: may detain the ship at the place where it is stopped under section 17
b: may direct—
i: that the ship proceed to the nearest Customs place or to any other place (in New Zealand or elsewhere) that the officer considers appropriate; and
ii: that the ship’s detention continue during the ship’s journey to that place, and at that place once the ship arrives there.
3: If a direction is given under subsection (2)(b)
a: direct any person on the ship to take any specified action:
b: take charge of the ship:
c: arrange for the ship to be towed by another ship.
4: If a ship is detained under this section, an enforcement officer must give written notice of the detention to the person in charge of the ship.
5: The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further written notice by an enforcement officer.
24: Powers in relation to persons on detained ship
1: This section applies to a person—
a: on a ship detained under section 23
b: who an enforcement officer reasonably suspects was on the ship when it was detained; or
c: present near the ship, who an enforcement officer reasonably suspects was on the ship before it was detained.
2: The person is detained under this section until this section ceases to apply to the person in accordance with subsection (5)
3: An enforcement officer may take 1 or more of the actions in subsection (4)
a: it is necessary to do so to facilitate the conduct of a search; or
b: it is necessary to mitigate a risk to the safety of any person (including an enforcement officer) on board a ship; or
c: it is necessary to avoid evidence being destroyed, concealed, altered, damaged, or removed; or
d: there is no other reasonably practicable option in the circumstances, given the nature of the powers being exercised; or
e: it is necessary to protect the health of any person or public health in New Zealand or elsewhere.
4: The enforcement officer may—
a: require the person to supply the person’s—
i: full legal name and any other name by which they are commonly known; and
ii: date of birth; and
iii: residential address; and
iv: nationality; or
b: require the person to remain in the ship or in a particular place on the ship; or
c: transfer the person to another ship; or
d: return the person to the ship.
5: This section ceases to apply to a person when the earliest of the following occurs:
a: if the person is on the ship referred to in subsection (1)
b: if the person is not, or is no longer, on the ship referred to in subsection (1)
i: enable the powers in this Part to be exercised in relation to the person; or
ii: bring the person to a place of safety:
c: the person is arrested under this Part.
6: Subsection (5)
7: Nothing in this section limits section 116
25: Power of arrest
1: An enforcement officer may arrest a person if the enforcement officer has reasonable grounds to believe that the person—
a: is committing or has committed an extraterritorial offence; or
b: has committed a specified offence in New Zealand.
2: If an enforcement officer who is not a constable arrests a person under this section, the enforcement officer must, as soon as practicable after the person arrested arrives in the internal waters of New Zealand or reaches land in New Zealand (unless the person is sooner released), deliver the arrested person into the custody of a constable.
3: Nothing in this section limits the application of section 315 of the Crimes Act 1961.
26: Power to execute warrant of arrest
1: An enforcement officer who is a constable may execute a warrant of arrest that is in force under New Zealand law for a failure to appear in court, or a failure to answer bail, in respect of a charge for—
a: an extraterritorial offence; or
b: a specified offence alleged to have been committed in New Zealand.
2: In executing the warrant, the enforcement officer must comply with any requirements in the warrant that would have to be complied with by a person executing the warrant if it were executed in New Zealand.
3: The requirement in section 316(5)
4: Nothing in this section limits the power in section 25
27: Application of certain provisions in relation to power of arrest
1: The following provisions apply in relation to the use of the power of arrest under this Part:
a: sections 30 to 41 316(1)
b: sections 82 85 to 88
2: The provisions specified in subsection (1)
3: The requirement in section 316(5)
28: Lifting person or thing from the sea
An enforcement officer may for any purpose connected with the exercise of powers under this Part cause a person or thing to be lifted from the sea.
29: Requiring biometric information
1: The following persons may be required by an enforcement officer to allow any biometric information to be taken for 1 or more of the purposes in subsection (2)
a: a person who is detained under section 24
b: a person who has been arrested under section 25
2: Biometric information may be taken and used to establish or verify the identity of the person referred to in subsection (1) Other provisions concerning powers under this Part
30: Use of force
An enforcement officer may use reasonable force for the purpose of exercising a power under this Part.
31: No interference with communication with flag State
If a ship is a foreign ship, an enforcement officer must not interfere with any attempt by the person in charge of the ship to communicate with the authorities of the flag State at any time while powers under this Part are being exercised.
32: Disposal of unlawful items
1: This section applies if an enforcement officer finds on board a ship any item the enforcement officer believes on reasonable grounds is an item—
a: the possession of which is unlawful under New Zealand law; or
b: the importation or exportation of which, or trade in which, is unlawful under New Zealand law.
2: The item is forfeited to the Crown and must be seized by an enforcement officer and dealt with in accordance with this section.
3: The enforcement officer may, subject to any requirement of the Biosecurity Act 1993
4: Despite subsection (3)
a: hold the specimen on board the ship pending an assessment by an inspector under the Biosecurity Act 1993; or
b: deliver the specimen to an inspector.
5: If an inspector removes or is delivered a specimen in accordance with subsection (4)
a: must consult the Director-General of Conservation; and
b: may deliver the specimen to the Director-General of Conservation.
6: If an inspector delivers a specimen to the Director-General of Conservation as described in subsection (5)(b)
a: that the specimen has been given a biosecurity clearance:
b: that the specimen—
i: has not been given a biosecurity clearance; and
ii: must be held, handled, or managed in the manner specified in the notice.
7: In this section,— inspector section 2 specimen
a: wildlife within the meaning of that term in the Wildlife Act 1953
b: an endangered species, a threatened species, or an exploited species within the meaning of those terms in section 3(1) Continuation of powers under this Part in relation to ship, person, or item coming to New Zealand
33: Continuation of powers under this Part in relation to ship, person, or thing coming to New Zealand
1: The powers under this Part may be exercised in the following places in relation to a ship, a person, or a thing if exercised as part of the continuous exercise of powers begun under this Part in international waters or foreign waters:
a: New Zealand’s territorial sea or internal waters:
b: a port in New Zealand:
c: any place in New Zealand where a ship in respect of which powers have been exercised under this Part reaches land.
2: For the purposes of this section, the continuous exercise of powers does not end only because—
a: there is a period of time between the exercise of 1 or more of those powers; or
b: a ship arrives at a place to which it is directed under section 23
3: In this section, port section 2(1)
3: Offences, consent of flag State, immunities, and other matters
Offences
34: Threatening, obstructing, or failing to comply with enforcement officer
1: A person commits an offence if the person—
a: threatens or intentionally obstructs an enforcement officer in the execution of the enforcement officer’s powers under Part 2
b: fails without reasonable excuse to comply with a requirement imposed by an enforcement officer under Part 2
2: A person who provides information in response to a requirement imposed by an enforcement officer under Part 2
a: the information is false or misleading in any material respect and the person either knows it is or is reckless as to whether it is; or
b: the person intentionally fails to disclose any material particular.
3: A person who commits an offence against subsection (1)(a)
4: A person who commits an offence against subsection (1)(b)
5: A person who commits an offence against subsection (2)
6: An enforcement officer may exercise powers under Part 2
35: Application and further provision regarding offence
1: Section 34
a: whether or not the act or omission constituting the offence occurred in or outside New Zealand; and
b: regardless of whether the person is a New Zealand citizen or ordinarily resident in New Zealand or the act or omission was done on a New Zealand ship.
2: Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships and aircraft beyond New Zealand) applies with respect to any proceedings brought under section 34
36: Consent of Attorney-General to prosecution
1: No proceedings for the trial and punishment of a person charged with an offence against section 34
2: However, a person charged with an offence against section 34 subsection (1) Obtaining consent of flag State or other State or relevant territory
37: Secretary of Foreign Affairs and Trade responsible for seeking consent
1: An enforcement officer must seek the authorisation of the Secretary of Foreign Affairs and Trade before powers are exercised under Part 2
a: the consent of a flag State is required under section 12
b: the consent of a coastal State is required under section 14
2: The Secretary of Foreign Affairs and Trade is responsible for seeking any consent referred to in subsection (1)(a) or (b)
3: The Secretary of Foreign Affairs and Trade may disclose personal information to the flag State if the Secretary of Foreign Affairs and Trade is satisfied that it is reasonably necessary for the purpose of enabling the flag State to deal with the request for consent.
4: A certificate given by the Secretary of Foreign Affairs and Trade of the terms of an authorisation referred to in subsection (1) Immunities
38: Immunities
1: A person is immune from civil and criminal liability for good faith actions or omissions in pursuance or intended pursuance of the person’s duties, functions, or powers under this Act if—
a: the actions or omissions are reasonable; and
b: the person believes on reasonable grounds that the preconditions for the performance or exercise of the duty, function, or power have been satisfied.
2: A person is immune from civil and criminal liability for good faith and reasonable actions or omissions to assist another with the other’s pursuance or intended pursuance of duties, functions, or powers under this Act.
3: In any civil proceeding in which a person asserts that they have an immunity under this section, the onus is on them to prove those facts necessary to establish the basis of the claim. 2012 No 24 s 166
39: Immunity of the Crown
1: If a person is immune from civil liability under section 38
2: For the purposes of this section, the Crown 2012 No 24 s 167
40: No entitlement to compensation
No compensation is payable to the owner of a ship or any other person for the cost (for fuel or other provisions) of complying with a lawful direction under section 23 Application of presence requirement to person arriving in New Zealand after powers exercised under this Act
41: Application of presence requirement to person arriving in New Zealand after powers exercised under this Act
For the purpose of any proceedings for an offence against a person who is in New Zealand, a presence requirement may be satisfied in respect of the person even though the person was brought to New Zealand on a ship detained under this Act or in the course of any other action taken under this Act. Disclosure of personal information by enforcement officer
42: Disclosure of personal information by enforcement officer
An enforcement officer may disclose personal information obtained in the exercise of powers under this Act to a public sector agency in New Zealand as if the information had been obtained in New Zealand by the officer in the capacity in which the officer is included in the definition of enforcement officer in section 4 Forfeiture of ship in certain cases
43: Forfeiture of ship in certain cases
1: A ship is forfeited to the Crown if it arrives in New Zealand under a direction given under section 23(2)(b)(i)
a: a drugs smuggling offence has been, or is being, committed on the ship:
b: the ship has been, or is, otherwise involved in the commission, or in facilitating the commission, of a drugs smuggling offence:
c: any of the following offences has been or is being committed on the ship:
i: an offence against sections 92 to 97
ii: an offence against section 98
iii: an offence against section 98AA
iv: any offence against sections 98B to 98F
d: an offence relating to the unlawful importation of goods into New Zealand has been, or is being committed on the ship.
2: If a ship is treated as forfeited under this section, sections 176(3) 177 to 189
3: In this section, drugs smuggling offence
a: under section 6(2) or (2A) section 6(1)(a)
b: under section 12AB(1)
c: under section 12C
i: under section 6(2) or (2A) section 6(1)(a)
ii: under section 12AB(1)
d: under section 12E 12F Reporting of exercise of powers under this Act
44: Reporting of exercise of powers under this Act
1: An enforcement officer who exercises any power under this Act must provide a written report on the exercise of that power as soon as practicable after the exercise of the power.
2: The report must be made,—
a: if the enforcement officer is a constable, to the Commissioner of Police or a Police employee designated to receive reports of that kind by the Commissioner; and
b: if the enforcement officer is other than a constable, to a person designated by the relevant person described in subsection (5)
c: to the Secretary of Foreign Affairs and Trade.
3: The report must—
a: contain a short summary of the circumstances of the exercise of the power, and the reason or reasons why the power needed to be exercised; and
b: state whether any evidential material was seized or obtained as a result of the exercise of the power; and
c: state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.
4: This section does not require a report in respect of a rub-down search of a person under section 85 88 section 27
5: For the purpose of subsection (2)(b) relevant person
a: the chief executive of the New Zealand Customs Service (if the enforcement officer is a Customs officer):
b: the Chief of Defence Force (if the enforcement officer is a member of the Armed Forces):
c: the chief executive of the Department of Conservation (if the enforcement officer is a person described in any of paragraphs (d) to (f) section 4(1) 2012 No 24 s 169
45: Reporting of exercise of powers to flag State or coastal State
When reporting to a flag State or coastal State on the exercise of powers under this Act, the Secretary of Foreign Affairs and Trade may disclose personal information if satisfied that it is reasonably necessary for the purpose of complying with any of New Zealand’s international obligations. Application to Tokelau
46: Application to Tokelau
1: This Act is in force in Tokelau for the purpose of the offences in sections 4 to 6
2: In the application of this Act to Tokelau, unless the context otherwise requires,—
a: a reference in this Act to New Zealand (when used as a territorial description) is a reference to Tokelau:
b: a reference to New Zealand’s internal waters, territorial sea, or exclusive economic zone is a reference to Tokelau’s internal waters, territorial sea, or exclusive economic zone within the meaning of the Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977 Amendment to Arms Act 1983
47: Principal Act
Section 48 Arms Act 1983 2022-05-21 Arms Act 1983
48: Section 3 amended (Act to bind the Crown)
After section 3(2)(ab), insert:
ac: by a member of the New Zealand Defence Force or a constable who is an enforcement officer as defined in section 4(1) of the Maritime Powers Act 2022 Amendments to Customs and Excise Act 2018
49: Principal Act
Sections 50 52 Customs and Excise Act 2018 2022-05-21 Customs and Excise Act 2018
50: Section 4 amended (Overview of Act)
In section 4(5) (including Schedule 5A)
51: Section 176 amended (Goods forfeited)
Repeal section 176(1)(v)
52: Repeal of section 267A and Schedule 5A (Powers for dealing with drugs smuggling outside New Zealand, etc)
1: Repeal section 267A
2: Repeal Schedule 5A Amendment to Fisheries Act 1996
53: Principal Act
Section 54 Fisheries Act 1996 2022-05-21 Fisheries Act 1996
54: Section 215 amended (General powers)
After section 215(3), insert:
4: In this section, freshly pursued pursued without interruption section 6 of the Maritime Powers Act 2022 fresh pursuit Amendments to Maritime Crimes Act 1999
55: Principal Act
Sections 56 57 Maritime Crimes Act 1999 2022-05-21 Maritime Crimes Act 1999
56: Section 2 amended (Interpretation)
In section 2 enforcement officer
57: Repeal of heading and sections 10A to 10G
Repeal sections 10A to 10G Amendment to Search and Surveillance Act 2012
58: Principal Act
Section 59 Search and Surveillance Act 2012 2022-05-21 Search and Surveillance Act 2012
59: Schedule amended (Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies)
In the Schedule, insert in its appropriate alphabetical order the item set out in Schedule 2


1: Title
This Act is the Local Government (Pecuniary Interests Register) Amendment Act 2022.
2: Commencement
This Act comes into force on the day that is 6 months after the date on which it receives Royal assent.
3: Principal Act
This Act amends the Local Government Act 2002 2022-11-20 Local Government Act 2002
1: Register of members’ pecuniary interests
4: New subpart 3 of Part 4 inserted
After section 54
3: Register of members’ pecuniary interests
54A: Register of members’ pecuniary interests
1: A local authority must keep a register of the pecuniary interests of—
a: members of the local authority; and
b: members who have been elected under the Local Electoral Act 2001 to a community board that is part of the local authority; and
c: members who have been elected under the Local Electoral Act 2001 to a local board that is part of the local authority.
2: The register must comprise the pecuniary interest returns that—
a: are made by members under section 54C
b: contain all information in any pecuniary interest return that is required to be disclosed under sections 54E 54F section 54D
3: The local authority must—
a: make a summary of the information contained in the register publicly available; and
b: ensure that information contained in the register—
i: is only used or disclosed in accordance with the purpose of the register; and
ii: is retained for 7 years after the date on which a member provides the information, and is then removed from the register.
54B: Purpose of register
The purpose of the register of members’ pecuniary interests is to record members’ interests so as to provide transparency and to strengthen public trust and confidence in local government processes and decision-making.
54C: Members to make pecuniary interest returns
1: A member described in section 54A(1)(a), (b), or (c) sections 54E 54F subsection (2)
2: The member must make the pecuniary interest return by the following dates:
a: the day that is 120 days after the date on which the member comes into office under section 115 of the Local Electoral Act 2001:
b: the last day of February in each subsequent year.
3: The member must make the return by providing it to the Registrar.
54D: Accuracy of information included in pecuniary interest return
1: When making a pecuniary interest return under section 54C
2: However, if a member becomes aware of an error or omission in any return that the member has made, the member must advise the Registrar of that error or omission as soon as practicable after becoming aware of it.
3: When advised of an error or omission in a pecuniary interest return, the Registrar must correct the register of members’ pecuniary interests accordingly.
54E: Contents of pecuniary interest return relating to member’s position
1: Every pecuniary interest return must contain the following information:
a: the name of each company of which the member is a director or holds or controls more than 10% of the voting rights and a description of the main business activities of each of those companies:
b: the name of every other company or business entity in which the member has a pecuniary interest, other than as an investor in a managed investment scheme, and a description of the main business activities of each of those companies or business entities:
c: if the member is employed, the name of each employer of the member and a description of the main business activities of each of those employers:
d: the name of each trust in which the member has a beneficial interest:
e: the name of any organisation or trust and a description of the main activities of that organisation or trust if—
i: the member is a member of the organisation, a member of the governing body of the organisation, or a trustee of the trust (as applicable); and
ii: the organisation or trust receives funding from, or has applied to receive funding from, the local authority, local board, or community board to which the member has been elected:
f: the title and description of any organisation in which the member holds an appointment by virtue of being an elected member:
g: the location of real property in which the member has a legal interest, other than an interest as a trustee, and a description of the nature of the real property:
h: the location of real property, and a description of the nature of the real property, held by a trust to which the following apply:
i: the member is a beneficiary of the trust; and
ii: the member knows or ought reasonably to know that the member is a beneficiary of the trust; and
iii: it is not a unit trust whose name is disclosed under subclause (1)(d)
iv: it is not a retirement scheme whose membership is open to the public.
2: For the purposes of subsection (1)(b) entity A
3: For the purposes of subsection (1)(e)
4: For the purposes of subsection (1)(g) and (h)
5: For the purposes of this section,— business entity company
a: a body corporate that is incorporated outside of New Zealand:
b: a society incorporated under the Industrial and Provident Societies Act 1908 or any former Industrial and Provident Societies Act employed
a: means employed under a contract of service; but
b: does not include holding—
i: the position of an elected member of a local authority, local board, or community board (as applicable); or
ii: any other position for which the person in question would not be qualified unless he or she had been elected a member of a local authority, local board, or community board (as applicable) managed investment scheme
54F: Contents of pecuniary interest return relating to member’s activities
1: Every pecuniary interest return must also contain the following information:
a: for each country (other than New Zealand) that the member travelled to,—
i: the name of the country; and
ii: the purpose of travelling to the country; and
iii: the name of each person who contributed (in whole or in part) to the costs of the travel to and from the country; and
iv: the name of each person who contributed (in whole or in part) to the accommodation costs incurred by the member while in the country:
b: a description of each gift (including hospitality and donations in cash or kind but excluding any donation made to cover expenses in an electoral campaign) received by the member and the name of the donor of each of those gifts (if known or reasonably ascertainable by the member) if—
i: the gift has an estimated market value in New Zealand of more than $500; or
ii: the combined estimated market value in New Zealand of all gifts from the donor is more than $500:
c: a description of each payment received by the member for activities in which the member is involved other than—
i: the salary or allowances paid to that person under the Remuneration Authority Act 1977 or this Act; and
ii: any payment the member received from an interest required to be disclosed under section 54E
iii: any payment made in respect of any activity the member ceased to be involved in before becoming a member.
2: The information referred to in subsection (1)(a)
a: the member:
b: a member of the member’s family.
3: The information referred to in subsection (1)(b) see section 54B
4: For the purposes of this section, member of the member’s family
54G: Registrar
1: A local authority must appoint a Registrar to—
a: compile and maintain the register of members’ pecuniary interests; and
b: provide advice and guidance to members in connection with their obligations under this subpart.
2: The chief executive of a local authority may be the Registrar under subsection (1)
54H: Responsibility of members
1: It is the responsibility of each member to ensure that they fulfil the obligations imposed on them under this subpart.
2: A Registrar is not required to—
a: notify any member of—
i: that member’s failure to make a pecuniary interest return by the due date; or
ii: any error or omission in that member’s pecuniary interest return; or
b: obtain any pecuniary interest return for a member.
3: To avoid doubt,—
a: a member’s obligations under this subpart are in addition to any obligations under, and do not affect the application of, the Local Authorities (Members’ Interests) Act 1968; and
b: a pecuniary interest that a member has declared under this subpart is not necessarily an interest for the purposes of the Local Authorities (Members’ Interests) Act 1968.
54I: Definition of Registrar
In this subpart, Registrar section 54G
2: Other amendments
5: Section 5 amended (Interpretation)
In section 5(1) pecuniary interest pecuniary interest return section 54C
6: Section 235 amended (Offences by members of local authorities and local boards)
1: In section 235(1) contravenes section 54C or 54D(1) or (2)
2: In section 235(2) instituted under section 54C or 54D(1) or (2)


1: Title
This Act is the Income Insurance Scheme (Enabling Development) Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Repeal of this Act
This Act is repealed on the close of 31 March 2025. 2025-04-01 Income Insurance Scheme (Enabling Development) Act 2022
4: Purpose
The purpose of this Act is to enable the Corporation to prepare for the delivery of an income insurance scheme.
5: Treaty of Waitangi/te Tiriti o Waitangi
In order to recognise and respect the Crown’s responsibility under the Treaty of Waitangi/te Tiriti o Waitangi, section 9(3)
6: Interpretation
1: In this Act, unless the context otherwise requires,— authorised purpose section 10 chief executive Corporation section 6(1) income insurance scheme scheme non-personal information personal information section 7(1) responsible Minister specified government agency Schedule 2 workers
2: In this Act, unless the context otherwise requires, any term or expression that is defined in the Accident Compensation Act 2001 Accident Compensation Act 2001
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: Preparatory work for income insurance scheme
9: Corporation’s function and duties in relation to preparation for delivery of scheme
1: In addition to the functions specified in section 262
2: Without limiting subsection (1), the Corporation may—
a: design new systems and procedures (including, but not limited to, service delivery, organisational infrastructure, and technologies) to enable a scheme to be implemented; and
b: put in place the systems and establish the procedures described in paragraph (a); and
c: take any other action ancillary to and consistent with the function described in paragraphs (a) and (b).
3: In performing this function, the Corporation must ensure that, as far as is reasonably practicable,—
a: the views of Māori are taken into account in the design of the systems and processes for the income insurance scheme to ensure that the scheme is accessible to Māori and responsive to Māori perspectives; and
b: when the scheme commences, the Corporation will have the capability in the context of the scheme to contribute to improved Māori economic and labour market outcomes.
4: The Corporation must engage with Māori in good faith in meeting the requirements of subsection (3).
5: The Corporation must also engage with representatives of workers and employers in the design of the systems and processes for the income insurance scheme to ensure that the perspectives of workers and employers are taken into account.
6: The responsible Minister may direct the Corporation to perform additional functions consistent with the purpose of this Act, in accordance with section 112 Information sharing
10: Purpose of sections 11 to 14
1: The purpose of sections 11 to 14
2: In subsection (1) and sections 11 to 14 authorised purpose
a: set up the systems and processes needed for the Corporation to implement the income insurance scheme; and
b: test the systems and processes set up to implement the scheme; and
c: take all other incidental steps or actions reasonably required to implement the scheme.
11: Requests for information
1: The chief executive may request a specified government agency to provide non-personal information to the Corporation if the chief executive reasonably believes that the provision of the information is necessary for the authorised purpose.
2: The chief executive may request a specified government agency to provide personal information if—
a: the information is in one of the categories described in Schedule 3
b: the chief executive reasonably believes that the provision of the information is necessary for the authorised purpose; and
c: the authorised purpose could not be met by using non-personal information; and
d: the chief executive has first consulted the Privacy Commissioner in relation to the information to be requested.
3: The chief executive may request a specified government agency to provide personal information that is not within one of the categories described in Schedule 3
4: A request under this section must—
a: be made in writing to the chief executive of the specified government agency (or the person occupying an equivalent position); and
b: specify the section of this Act under which it is sought; and
c: specify the reason for which the information is required; and
d: specify the time within which the information sought is to be provided (which must be no less than 10 working days after the date on which the request is made).
12: Provision of requested information
1: A specified government agency that receives a request under section 11
a: it is reasonable and practicable to communicate the information; and
b: the information is readily available; and
c: it is not undesirable to disclose the information.
2: Subsection (1) applies—
a: despite the requirements of the Privacy Act 2020
b: regardless of the terms of any approved information sharing agreement under the Privacy Act 2020
3: The specified government agency may impose any conditions on the provision and use of the information that the chief executive of the agency (or person occupying an equivalent position) thinks fit.
4: The Corporation must comply with any conditions imposed under subsection (3).
13: Use of information provided
The Corporation may, for the authorised purpose, use information (including personal information) provided to it by a specified government agency under section 12
14: Corporation may use information available under Accident Compensation Act 2001
1: This section applies to information that the Corporation holds or has access to under the Accident Compensation Act 2001
2: The Corporation may, for the authorised purpose,—
a: use non-personal information if the chief executive reasonably believes that the use of the information is necessary for that purpose:
b: use personal information that is within one of the categories set out in Schedule 3
i: the chief executive reasonably believes that the information is necessary for the authorised purpose; and
ii: that purpose cannot be met by using non-personal information; and
iii: the chief executive has first consulted the Privacy Commissioner in relation to the information to be used:
c: use personal information that is not within one of the categories set out in Schedule 3 paragraph (b)(i) to (iii)
3: Subsection (2) section 22
15: Status of sections 13 and 14 for purposes of application of information privacy principles
Sections 13 14 sections 24 137 Privacy Act 2020
16: Requirements for disclosure to Privacy Commissioner
1: When a specified government agency provides information under section 12
a: a copy of the request for the information; and
b: a summary of the information provided by the agency.
2: When the Corporation uses information under section 14 Accident Compensation Act 2001 Miscellaneous provisions
17: Relationship between this Act and Accident Compensation Act 2001
Nothing in the Accident Compensation Act 2001 sections 262 265
18: Power to amend Schedule 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
2: Before making a recommendation under subsection (1)
a: consult the Privacy Commissioner about the proposed use, for the authorised purpose, of information that may be held by the government agency; and
b: be satisfied that—
i: the provision of information by the agency is necessary for the authorised purpose; and
ii: if the information may include personal information, the authorised purpose could not be met by using non-personal information.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Consequential amendment to Tax Administration Act 1994
19: Principal Act
Section 20 Tax Administration Act 1994 2022-05-25 Tax Administration Act 1994
20: Schedule 7 amended
In Schedule 7, Part C, subpart 2, after clause 42
42B: Accident Compensation Corporation: income insurance scheme
1: Section 18 does not prevent the Commissioner communicating information to a person who is an officer, employee, or agent of the Accident Compensation Corporation if—
a: the person is authorised by the Corporation to receive the information; and
b: the Corporation has reasonable grounds to believe that the disclosure of the information is necessary for the development of systems and processes for the implementation of the income insurance scheme; and
c: the Commissioner considers that—
i: it is reasonable and practicable to communicate the information; and
ii: the information is readily available; and
iii: it is not undesirable to disclose the information.
2: For the purposes of this clause, income insurance scheme


1: Title
This Act is the Coroners (Coronial Cap) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Coroners Act 2006 2022-05-25 Coroners Act 2006
4: Section 109 amended (Maximum number of coroners)
Substantive amendment
1: In section 109(1) 20 22 Consequential amendment
2: In section 109(2)(e) 13.5 21.5


1: Title
This Act is the Customs and Excise (Tobacco Products) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Customs and Excise Act 2018
3: Principal Act
This Part amends the Customs and Excise Act 2018 2022-05-25 Customs and Excise Act 2018
4: Section 95A amended (Prohibition on importation of tobacco and certain tobacco products)
Repeal section 95A(2)(c)
5: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
6: Schedule 3 amended
1: In Schedule 3, clause 21(6) tobacco product 99.60 or 99.65 99.60, 99.65, or 99.67
2: In Schedule 3, clause 21(6) tobacco product 24.02 or 24.03 24.02, 24.03, or 24.04
2: Amendments to Excise and Excise-equivalent Duties Table
7: Principal legislation
This Part amends the Excise and Excise-equivalent Duties Table made under clause 16(1)
8: Excise items in Part A replaced
In Part A, replace excise items 99.65.09C and 99.65.19L with: The following table is small in size and has 4 columns. This table is an amendment to the Excise and Excise-equivalent Duties Table in Schedule 3 of the Customs and Excise Act 2018 and should be read with that table to provide understanding of the context. 99.65.11E – – Water pipe tobacco per kg $234.77 99.65.21B – – Other per KTC $1,565.18
9: Excise-equivalent heading and tariff items in Part B amended
1: In Part B, tariff heading 24.03, replace 99.65.09C, 99.65.19L 99.65.11E, 99.65.21B
2: In Part B, tariff item 2403.11.90,—
a: replace per KTC per kg
b: replace $1,565.18 $234.77


1: Title
This Act is the Companies Office Registers Funding Validation Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Acts
3: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
1: Amendment to Auditor Regulation Act 2011
4: Principal Act
This subpart amends the Auditor Regulation Act 2011 2022-05-25 Auditor Regulation Act 2011
5: New section 84A and cross-heading inserted
After section 84 Validation of fees
84A: Validation of fees used to recover costs of unrelated Companies Office registers
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers or in exercising or performing any powers, functions, and duties under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Building Societies Act 1965:
b: the Companies Act 1993:
c: the Financial Markets Conduct Act 2013:
d: the Financial Reporting Act 1993:
e: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
f: the Friendly Societies and Credit Unions Act 1982:
g: the Incorporated Societies Act 1908:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Building Societies Act 1965:
b: the Charitable Trusts Act 1957:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Reporting Act 2013:
g: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
h: the Friendly Societies and Credit Unions Act 1982:
i: the Incorporated Societies Act 1908:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
2: Amendment to Building Societies Act 1965
6: Principal Act
This subpart amends the Building Societies Act 1965 2022-05-25 Building Societies Act 1965
7: New section 137A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 137
137A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Companies Act 1993:
c: the Financial Markets Conduct Act 2013:
d: the Financial Reporting Act 1993:
e: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
f: the Friendly Societies and Credit Unions Act 1982:
g: the Incorporated Societies Act 1908:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Charitable Trusts Act 1957:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Reporting Act 2013:
g: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
h: the Friendly Societies and Credit Unions Act 1982:
i: the Incorporated Societies Act 1908:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
3: Amendment to Companies Act 1993
8: Principal Act
This subpart amends the Companies Act 1993 2022-05-25 Companies Act 1993
9: New section 403 inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 402
403: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Financial Markets Conduct Act 2013:
d: the Financial Reporting Act 1993:
e: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
f: the Friendly Societies and Credit Unions Act 1982:
g: the Incorporated Societies Act 1908:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Reporting Act 2013:
g: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
h: the Friendly Societies and Credit Unions Act 1982:
i: the Incorporated Societies Act 1908:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
4: Amendment to Financial Markets Conduct Act 2013
10: Principal Act
This subpart amends the Financial Markets Conduct Act 2013 2022-05-25 Financial Markets Conduct Act 2013
11: New section 552A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 552
552A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Reporting Act 1993:
e: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
f: the Friendly Societies and Credit Unions Act 1982:
g: the Incorporated Societies Act 1908:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Reporting Act 1993:
f: the Financial Reporting Act 2013:
g: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
h: the Friendly Societies and Credit Unions Act 1982:
i: the Incorporated Societies Act 1908:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
5: Amendment to Financial Service Providers (Registration and Dispute Resolution) Act 2008
12: Principal Act
This subpart amends the Financial Service Providers (Registration and Dispute Resolution) Act 2008 2022-05-25 Financial Service Providers (Registration and Dispute Resolution) Act 2008
13: New section 44AA inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 44A
44AA: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Friendly Societies and Credit Unions Act 1982:
g: the Incorporated Societies Act 1908:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Friendly Societies and Credit Unions Act 1982:
i: the Incorporated Societies Act 1908:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
6: Amendment to Friendly Societies and Credit Unions Act 1982
14: Principal Act
This subpart amends the Friendly Societies and Credit Unions Act 1982 2022-05-25 Friendly Societies and Credit Unions Act 1982
15: New section 152A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 152
152A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
g: the Incorporated Societies Act 1908:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
i: the Incorporated Societies Act 1908:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
7: Amendment to Incorporated Societies Act 1908
16: Principal Act
This subpart amends the Incorporated Societies Act 1908 2022-05-25 Incorporated Societies Act 1908
17: New section 37 inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 36
37: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
g: the Friendly Societies and Credit Unions Act 1982:
h: the Insolvency Practitioners Regulation Act 2019:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
i: the Friendly Societies and Credit Unions Act 1982:
j: the Incorporated Societies Act 2022:
k: the Industrial and Provident Societies Act 1908:
l: the Insolvency Practitioners Regulation Act 2019:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
8: Amendment to Insolvency Practitioners Regulation Act 2019
18: Principal Act
This subpart amends the Insolvency Practitioners Regulation Act 2019 2022-05-25 Insolvency Practitioners Regulation Act 2019
19: New section 80A and cross-heading inserted
After section 80 Validation of fees
80A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to cover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
g: the Friendly Societies and Credit Unions Act 1982:
h: the Incorporated Societies Act 1908:
i: the Limited Partnerships Act 2008:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
i: the Friendly Societies and Credit Unions Act 1982:
j: the Incorporated Societies Act 1908:
k: the Incorporated Societies Act 2022:
l: the Industrial and Provident Societies Act 1908:
m: the Limited Partnerships Act 2008:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
9: Amendment to Limited Partnerships Act 2008
20: Principal Act
This subpart amends the Limited Partnerships Act 2008 2022-05-25 Limited Partnerships Act 2008
21: New section 116A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
After section 116
116A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
g: the Friendly Societies and Credit Unions Act 1982:
h: the Incorporated Societies Act 1908:
i: the Insolvency Practitioners Regulation Act 2019:
j: the Personal Property Securities Act 1999:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
i: the Friendly Societies and Credit Unions Act 1982:
j: the Incorporated Societies Act 1908:
k: the Incorporated Societies Act 2022:
l: the Industrial and Provident Societies Act 1908:
m: the Insolvency Practitioners Regulation Act 2019:
n: the New Zealand Business Number Act 2016:
o: the Personal Property Securities Act 1999:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
10: Amendment to Personal Property Securities Act 1999
22: Principal Act
This subpart amends the Personal Property Securities Act 1999 2022-05-25 Personal Property Securities Act 1999
23: New section 190A and cross-heading inserted
After section 190 Validation of fees
190A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
g: the Friendly Societies and Credit Unions Act 1982:
h: the Incorporated Societies Act 1908:
i: the Insolvency Practitioners Regulation Act 2019:
j: the Limited Partnerships Act 2008:
k: the Retirement Villages Act 2003:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
i: the Friendly Societies and Credit Unions Act 1982:
j: the Incorporated Societies Act 1908:
k: the Incorporated Societies Act 2022:
l: the Industrial and Provident Societies Act 1908:
m: the Insolvency Practitioners Regulation Act 2019:
n: the Limited Partnerships Act 2008:
o: the New Zealand Business Number Act 2016:
p: the Retirement Villages Act 2003:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
11: Amendment to Retirement Villages Act 2003
24: Principal Act
This subpart amends the Retirement Villages Act 2003 2022-05-25 Retirement Villages Act 2003
25: New section 102A and cross-heading inserted
After section 102 Validation of fees
102A: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Companies Act 1993:
d: the Financial Markets Conduct Act 2013:
e: the Financial Reporting Act 1993:
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
g: the Friendly Societies and Credit Unions Act 1982:
h: the Incorporated Societies Act 1908:
i: the Insolvency Practitioners Regulation Act 2019:
j: the Limited Partnerships Act 2008:
k: the Personal Property Securities Act 1999:
l: the Securities Act 1978.
5: The Acts are—
a: the Auditor Regulation Act 2011:
b: the Building Societies Act 1965:
c: the Charitable Trusts Act 1957:
d: the Companies Act 1993:
e: the Financial Markets Conduct Act 2013:
f: the Financial Reporting Act 1993:
g: the Financial Reporting Act 2013:
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
i: the Friendly Societies and Credit Unions Act 1982:
j: the Incorporated Societies Act 1908:
k: the Incorporated Societies Act 2022:
l: the Industrial and Provident Societies Act 1908:
m: the Insolvency Practitioners Regulation Act 2019:
n: the Limited Partnerships Act 2008:
o: the New Zealand Business Number Act 2016:
p: the Personal Property Securities Act 1999:
q: the Securities Act 1978.
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.
2: Provisions relating to repealed Acts
1: Provision relating to Financial Reporting Act 1993 (repealed but preserved in part for certain purposes)
26: Validation of fees used to recover costs of other Companies Office registers
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under the Financial Reporting Act 1993
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under the Financial Reporting Act 1993
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: has always been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011
b: the Building Societies Act 1965
c: the Companies Act 1993
d: the Financial Markets Conduct Act 2013
e: the Financial Service Providers (Registration and Dispute Resolution) Act 2008
f: the Friendly Societies and Credit Unions Act 1982
g: the Incorporated Societies Act 1908
h: the Insolvency Practitioners Regulation Act 2019
i: the Limited Partnerships Act 2008
j: the Personal Property Securities Act 1999
k: the Retirement Villages Act 2003
l: the Securities Act 1978
5: The Acts are—
a: the Auditor Regulation Act 2011
b: the Building Societies Act 1965
c: the Charitable Trusts Act 1957
d: the Companies Act 1993
e: the Financial Markets Conduct Act 2013
f: the Financial Reporting Act 2013
g: the Financial Service Providers (Registration and Dispute Resolution) Act 2008
h: the Friendly Societies and Credit Unions Act 1982
i: the Incorporated Societies Act 1908
j: the Incorporated Societies Act 2022
k: the Industrial and Provident Societies Act 1908
l: the Insolvency Practitioners Regulation Act 2019
m: the Limited Partnerships Act 2008
n: the New Zealand Business Number Act 2016
o: the Personal Property Securities Act 1999
p: the Retirement Villages Act 2003
q: the Securities Act 1978
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019 section 81
2: Provision relating to Securities Act 1978 (repealed but preserved in part for certain purposes)
27: Validation of fees used to recover costs of other Companies Office registers
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 1 June 2022 under any of the Acts listed in subsection (4)
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under the Securities Act 1978
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under the Securities Act 1978
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5)
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: has always been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(b)(ii)
4: The Acts are—
a: the Auditor Regulation Act 2011
b: the Building Societies Act 1965
c: the Companies Act 1993
d: the Financial Markets Conduct Act 2013
e: the Financial Reporting Act 1993
f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008
g: the Friendly Societies and Credit Unions Act 1982
h: the Incorporated Societies Act 1908
i: the Insolvency Practitioners Regulation Act 2019
j: the Limited Partnerships Act 2008
k: the Personal Property Securities Act 1999
l: the Retirement Villages Act 2003
5: The Acts are—
a: the Auditor Regulation Act 2011
b: the Building Societies Act 1965
c: the Charitable Trusts Act 1957
d: the Companies Act 1993
e: the Financial Markets Conduct Act 2013
f: the Financial Reporting Act 1993
g: the Financial Reporting Act 2013
h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008
i: the Friendly Societies and Credit Unions Act 1982
j: the Incorporated Societies Act 1908
k: the Incorporated Societies Act 2022
l: the Industrial and Provident Societies Act 1908
m: the Insolvency Practitioners Regulation Act 2019
n: the Limited Partnerships Act 2008
o: the New Zealand Business Number Act 2016
p: the Personal Property Securities Act 1999
q: the Retirement Villages Act 2003
6: In this section,— Companies Office subsections (4) and (5)
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019 section 81