1: Title
This Act is the Public Safety (Public Protection Orders) (Drug and Alcohol Testing) Amendment Act 2016.
2: Commencement
1: This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day immediately after the expiry of the 6-month period.
2: The 6-month period
3: Principal Act
This Act amends the Public Safety (Public Protection Orders) Act 2014 principal Act 2017-05-15 Public Safety (Public Protection Orders) Act 2014 May be brought into force earlier by OIC.
4: Section 3 amended (Interpretation)
1: In section 3 controlled drug medical practitioner precursor substance psychoactive substance
2: In section 3 prohibited item
c: any controlled drugs and precursor substances, except for medicines prescribed for the resident under the Medicines Act 1981:
d: any psychoactive substance:
5: New section 92A inserted (Interpretation)
In Part 1
92A: Interpretation
In this subpart, unless the context otherwise requires,— bodily sample
a: a sample of a person’s blood, breath, hair, or urine; or
b: any other sample of a similar kind from the person drug or alcohol monitoring device
a: a controlled drug used by the person:
b: a psychoactive substance used by the person:
c: alcohol consumed by the person drug or alcohol requirement
a: using a controlled drug (other than a medicine prescribed for the person under the Medicines Act 1981):
b: using a psychoactive substance:
c: consuming alcohol medical laboratory technologist medical officer
a: a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist nurse testing
6: New sections 95A to 95E and cross-headings inserted
After section 95 Drug or alcohol requirements
95A: Imposition, and effect, of drug or alcohol requirement
1: This section applies if a court imposes a drug or alcohol requirement on a person subject to a protective supervision order.
2: The court cannot direct, indicate, or require that the person subject to the order undergo or submit to drug or alcohol testing or continuous monitoring, but the requirement means that the person must comply with all directions arising from an authorised person giving the person notice under section 95B(2)
3: The court must advise the person that the person must do any 1 or more of the following things if directed to do so by notice given by an authorised person under section 95B(2)
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol:
b: submit to continuous monitoring of the person's compliance with the drug or alcohol requirement through a drug or alcohol monitoring device connected to the person’s body:
c: contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
95B: Person with drug or alcohol requirement may be directed to undergo testing or submit to continuous monitoring
1: This section applies to a person who is subject to a protective supervision order with a drug or alcohol requirement.
2: An authorised person may, by notice given to a person to whom this section applies, direct the person to do any 1 or more of the following:
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 103C(a)
b: submit, during a reasonable period specified in the notice, to continuous monitoring of the person's compliance with the drug or alcohol requirement through a drug or alcohol monitoring device of a type prescribed in rules made under section 103C(d)
c: contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 103C(a)
3: An authorised person exercising that person’s discretion under subsection (2)—
a: must comply with any rules made under section 103C; and
b: may—
i: select a person to do what is specified in subsection (2)(a), (b), or (c) in any manner (including randomly); and
ii: make a determination in respect of the person with or without evidence that the person has breached the condition; and
c: must, if directing the person to do what is specified in subsection (2)(a) or (c), determine the prescribed testing procedure to be used for the testing the person is directed to do under subsection (2)(a), or required if the person is selected to undergo testing by an automated system that the person is directed to contact under subsection (2)(c).
4: A notice given to a person under subsection (2)(b) may include a direction that the person comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).
5: An automated system specified in a notice given under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 103C(b) (including randomly), whether the person is required to undergo testing.
6: Only a medical practitioner or medical officer may collect a blood sample from a person under this section.
7: In this section and in sections 95C to 95E and 103A authorised person
a: a constable; or
b: an employee of the department authorised by the chief executive to direct persons to whom this section applies to undergo testing or monitoring.
95C: How notice of direction to undergo testing or to submit to continuous monitoring may be given
1: An authorised person may give a person to whom section 95B
a: by giving the notice personally and in writing to the person:
b: by giving the notice personally and orally to the person, then, unless the notice directs the person only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the person:
c: if the notice is given under section 95B(2)(a), by giving the notice to the person by telephone or other means of electronic communication (as defined in section 5 of the Electronic Transactions Act 2002), then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the person.
2: An automated system must, in response to a person contacting it as directed by a notice given under section 95B(2)(c) and subsection (1), give the person a spoken or written response notice specifying whether the person is required to undergo testing.
3: A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a person to undergo testing, must specify the name and location of a testing facility to which the person is required to report to undergo testing, and the time or times when the person is required to report, under section 95D.
95D: Where prescribed testing procedure may be carried out
1: An authorised person may require a person to whom section 95B section 95B(2)
2: Subsection (1)
a: a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
b: a place that is wholly or partly outside a dwelling house, or any other building, at the person’s residential address.
3: However, a person cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) (b)
4: A person given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the person to undergo testing at the place where the person is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the person to undergo testing.
5: A person given a notice under section 95C(1)(c) or (2) that requires the person to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.
95E: Information obtained from drug and alcohol testing or monitoring
1: Information obtained following a direction under section 95B(2)
a: may be used for all or any of the following purposes:
i: verifying compliance by the person with the drug or alcohol requirement:
ii: detecting non-compliance by the person with the drug or alcohol requirement, and providing evidence of that non-compliance:
iii: verifying that the person has not tampered or otherwise interfered with a drug or alcohol monitoring device:
iv: any purpose for which the person has requested to use the information or consented to its use; and
b: must not, except at the request or with the consent of the person, be used—
i: as evidence that the person committed an offence, other than an offence against section 103, 103A 103B
ii: for any other purpose not listed in paragraph (a)
2: A court may, in the absence of evidence that is available to the court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
a: is accurate; and
b: was obtained in the manner required by sections 95B to 95D Variation of requirements
7: New cross-heading above section 99 inserted
After section 98 Review of order
8: New cross-heading above section 103 inserted
After section 102 Offences
9: New sections 103A to 103E and cross-heading inserted
After section 103
103A: Offences related to drug or alcohol requirements
1: A person who is subject to a protective supervision order with a drug or alcohol requirement commits an offence if the person—
a: refuses or fails, without reasonable excuse,—
i: to undergo a testing procedure when directed to do so under section 95B(2)(a)
ii: to submit to continuous monitoring when directed to do so under section 95B(2)(b)
iii: to accompany an authorised person, when required to do so under section 95D(4)
iv: to contact a specified automated system when directed to do so under section 95B(2)(c); or
v: to report, at any time or times when required to do so under section 95D(5), to a specified testing facility to undergo testing; or
vi: to undergo a testing procedure when required to do so under sections 95B(2)(c) and 95D; or
b: does anything with the intention of diluting or contaminating a bodily sample required under section 95B(2)(a) or (c)
c: tampers with a drug or alcohol monitoring device required under section 95B(2)(b)
2: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.
103B: Offence to refuse authorised person entry to residential address
1: This section applies to a person who is—
a: subject to a protective supervision order with a drug or alcohol requirement; and
b: directed, under section 95B(2)(b)
2: A person to whom this section applies commits an offence if the person refuses or fails, without reasonable excuse, to allow an authorised person to enter the person’s residential address for all or any of the following purposes:
a: attaching a drug or alcohol monitoring device to, or removing the device from, the person:
b: servicing or inspecting the device:
c: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device.
3: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.
4: In subsection (2) authorised person
a: an authorised person (as defined in section 95B(7)
b: a person accompanying a person described in paragraph (a)
c: a person who—
i: has produced evidence of that person’s identity to the person to whom this section applies; and
ii: is authorised in writing by an authorised person (as defined in section 95B(7)
A: attaching a drug or alcohol monitoring device to, or removing the device from, the person:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
iii: has produced that written authority to the person to whom this section applies. Rules
103C: Rules about testing and monitoring of persons with drug or alcohol requirements
The chief executive may, by notice in the Gazette
a: prescribing, for the purposes of section 95B(2)(a) and (c) section 95B
b: specifying how often each of the prescribed testing procedures may be carried out:
c: prohibiting authorised persons from directing a person to whom section 95B
d: prescribing, for the purposes of section 95B(2)(b) section 95B
e: specifying restrictions as to how often, and for how long,—
i: continuous monitoring may be carried out:
ii: a person may be required to contact an automated system:
f: prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from a person in order for the sample to be used as evidence that the person has breached a drug or alcohol requirement:
i: controlled drugs:
ii: psychoactive substances:
iii: alcohol.
103D: Further provisions concerning rules made under section 103C
1: Rules made under section 103C(a)
a: include, as part of the procedure, either or both of the following:
i: breath screening:
ii: the collection and analysis of a bodily sample:
b: require a person to be supervised by another person of the same sex during the collection of a bodily sample required for testing:
c: provide for a person to elect, if the person meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.
2: The chief executive may make rules under section 103C
a: prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol requirement; and
b: allow for persons with drug or alcohol requirements to be tested no more often than is reasonably necessary to ensure compliance with the requirement; and
c: ensure that persons liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.
3: Subsection (1)(b) subsection (2)(c)
103E: Availability of rules made under section 103C and status under Legislation Act 2012
1: The chief executive must ensure that any rules made under section 103C
a: on an Internet site that is maintained by or on behalf of the department and that is, so far as practicable, publicly available free of charge; and
b: for public inspection free of charge; and
c: for purchase at a reasonable price.
2: Rules made under section 103C


1: Title
This Act is the Civil Defence Emergency Management Amendment Act 2016.
2: Commencement
1: Section 19(2) and (5)
2: The rest of this Act comes into force on the day and at the time that the Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016 Section 2 replaced 29 November 2016 section 4 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
1: Amendments to principal Act
3: Principal Act
This Act amends the Civil Defence Emergency Management Act 2002 principal Act 2018-06-01 Civil Defence Emergency Management Act 2002 re s2(1): section 19(2) and (5) come into force on 1 June 2018. 2016-11-29 Civil Defence Emergency Management Act 2002 re s2(2): the rest of this Act came into force 29 November 2016 at 9.59 pm.
4: Section 4 amended (Interpretation)
1: In section 4 administering authority appointed under described in
2: In section 4 area area
a: means all the districts of the local authorities that are members of the Group; and
b: extends to—
i: the landward boundary of the territorial authorities in the Group; and
ii: the seaward boundary of the regions of regional councils or unitary authorities in the Group
3: In section 4 civil defence emergency management reduce, recover from,
4: In section 4 emergency services hospital and health services providers of health and disability services
5: In section 4 chief executive officer
a: in relation to a company, the person occupying the position of chief executive of the company, by whatever name called:
b: in relation to a partnership, a partner nominated for the purpose by the partnership:
c: in relation to an individual provider, the provider:
d: in relation to any other provider, including an unincorporated body, a person occupying a position that is comparable with that of chief executive officer of a company, by whatever name called constable
a: has the same meaning as in section 4 of the Policing Act 2008; and
b: in Part 5B, includes any person acting under the authority of a constable Group Recovery Manager section 29 health and disability services Local Recovery Manager section 30 local transition period section 94B National Recovery Manager section 11A national transition period section 94A owner provider of health and disability services recovery Recovery Manager transition period
6: In section 4 hospital and health service
7: In section 4 recovery activities recovery activity
a: the assessment and ongoing monitoring of the needs of a community affected by the emergency; and
b: the co-ordination and integration of planning, decisions, actions, and resources; and
c: measures to support—
i: the regeneration, restoration, and enhancement of communities across the 4 environments (built, natural, social, and economic); and
ii: the cultural and physical well-being of individuals and their communities; and
iii: government and non-government organisations and entities working together; and
d: measures to enable community participation in recovery planning; and
e: new measures—
i: to reduce risks from hazards; and
ii: to build resilience
8: In section 4 Recovery Co-ordinator Section 4(5) owner inserted 29 November 2016 section 5 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
5: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 8 amended (Appointment and functions of Director of Civil Defence Emergency Management)
In section 8(2)(h) state of national emergency or a national transition period
7: Section 9 amended (Powers of Director)
1: In section 9(2)(a) state of national emergency or a national transition period
2: Replace section 9(2)(b)
b: during a state of national emergency, control the performance of the functions and duties and the exercise of the powers of Civil Defence Emergency Management Groups and Group Controllers:
ba: during a national transition period, control the performance of the functions and duties and the exercise of the powers of Civil Defence Emergency Management Groups and Recovery Managers:
3: In section 9(3)(b) responding to the response to, and recovery from,
4: After section 9(3)(b)
ba: the development of strategic recovery planning for emergencies:
5: In section 9(3)(d) recovery co-ordinators, Recovery Managers,
8: New sections 11A and 11B and cross-heading inserted
After section 11 National Recovery Manager
11A: Delegation of certain functions and powers of Director to National Recovery Manager
1: The Director may, in writing, either generally or particularly, delegate to any person the functions and powers of the Director referred to in sections 8(2)(h) and 9(2)(a) for the purposes of dealing with a national transition period.
2: The Director may exercise the power of delegation at any time, whether or not a national transition period is in force or is imminent.
3: A person to whom functions and powers are delegated under this section is, while the delegation is in force, the National Recovery Manager and has all the powers conferred on the National Recovery Manager by this Act.
4: If no delegation has been made under this section, the Director is the National Recovery Manager and has all the powers conferred on the National Recovery Manager by this Act.
11B: Further provisions relating to delegation to National Recovery Manager
1: Subject to any general or special directions given or conditions attached by the Director, a person to whom functions and powers are delegated under section 11A
2: A person purporting to act under any delegation under section 11A
3: A delegation under section 11A
4: A delegation under section 11A
5: A person is not employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 merely because functions and powers are delegated to that person under section 11A
9: Section 12 amended (Local authorities to establish Civil Defence Emergency Management Groups)
1: Replace section 12(1)(b)
b: subject to paragraph (c), a unitary authority must establish a Civil Defence Emergency Management Group for the purposes of this Act as a committee under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002:
2: After section 12(1)
1A: If subsection (1)(b) applies and subsection (1)(c) does not apply, a unitary authority is a Group rather than a member of a Group for the purposes of this Act.
10: Section 17 amended (Functions of Civil Defence Emergency Management Groups)
In section 17(1)(e) carry out plan and
11: Section 20 amended (Appointment and functions of Civil Defence Emergency Management Co-ordinating Executive Groups)
1: Replace section 20(1)(d)
d: the chief executive or a senior member of a provider of health and disability services operating in the area; and
2: After section 20(1)
1A: A person co-opted under subsection (1)(e) may include a senior ambulance service officer.
12: Cross-heading above section 25 replaced
Replace the cross-heading above section 25 Persons authorised to declare state of local emergency or give notice of local transition period
13: Section 25 replaced (Appointment of persons who may declare state of local emergency)
Replace section 25
25: Persons appointed and otherwise authorised to declare state of local emergency or give notice of local transition period
1: A Civil Defence Emergency Management Group must appoint—
a: at least 1 person as a person authorised to declare a state of local emergency for its area; and
b: at least 1 person as a person authorised to give notice of a local transition period for its area.
2: A person appointed under subsection (1) must be chosen from representatives of the members of the Group.
3: If a Group appoints more than 1 person under subsection (1)(a) or (b), it must state in the instrument of appointment—
a: whether the appointees have equal status to make a declaration, or give a notice, or whether any of the appointees is authorised to act only in the absence of another named person; and
b: any other conditions or limitations.
4: If no person appointed under subsection (1) is or is likely to be able to perform or exercise his or her functions, duties, and powers under this Act, a representative of any member of the Group may exercise the power to declare a state of local emergency, or give notice of a local transition period.
5: Despite subsections (1) to (4), the mayor of a territorial authority, or an elected member of that territorial authority designated to act on behalf of the mayor if the mayor is absent, may declare a state of local emergency, or give notice of a local transition period, that covers the district of that territorial authority.
14: Section 26 amended (Appointment of Group Controllers)
In section 26(3) subsection (1) or subsection (2) subsection (1) or (2)
15: Section 27 amended (Appointment of Local Controller)
1: In the heading to section 27 Controller Controllers
2: In section 27(1) that Group’s Group Controller the Group Controller of the Group
3: In section 27(2) the Local a Local
16: Section 28 amended (Functions of Group Controllers)
In section 28(3) exercise any power or function or fulfil any duty perform any function or duty or exercise any power
17: Sections 29 and 30 and cross-heading replaced
Replace sections 29 30 Group Recovery Managers and Local Recovery Managers
29: Appointment of Group Recovery Managers
1: A Civil Defence Emergency Management Group must appoint, either by name or by reference to the holder of an office, a suitably qualified and experienced person to be the Group Recovery Manager for its area.
2: A Group must appoint, either by name or by reference to the holder of an office, at least 1 suitably qualified and experienced person to perform the functions and duties and exercise the powers of the Group Recovery Manager on the occurrence of a vacancy in the office of Group Recovery Manager or in the absence from duty of the Group Recovery Manager for any reason, for the duration of the vacancy or absence.
3: A Group may, at any time, remove from office or replace a Group Recovery Manager appointed under subsection (1) or (2).
4: A Group may—
a: delegate the authority to replace the Group Recovery Manager during a transition period with a person appointed under subsection (2) to 1 or more of the representatives who are authorised under section 25(1)(b)
b: impose conditions or limitations on the circumstances in which the authority under paragraph (a) may be used.
30: Appointment of Local Recovery Managers
1: A Civil Defence Emergency Management Group may appoint, either by name or by reference to the holder of an office, 1 or more suitably qualified and experienced persons to be a Local Recovery Manager, and direct that person or those persons to perform any of the functions and duties of, or delegated to, the Group Recovery Manager of the Group and to exercise the powers of the Group Recovery Manager in the area for which the Group Recovery Manager is appointed, including, but not limited to, the powers in sections 94H, 94I, and 94K to 94N
2: Despite anything in subsection (1), a Local Recovery Manager must follow any directions given by the Group Recovery Manager during a transition period.
30A: Functions of Recovery Managers
1: A Group Recovery Manager must, during a local transition period for the area for which the Group Recovery Manager is appointed, direct and co-ordinate the use of the personnel, material, information, services, and other resources made available by departments, Civil Defence Emergency Management Groups, and other persons for the purpose of carrying out recovery activities.
2: The Group Recovery Manager must also perform any functions or duties delegated to the Group Recovery Manager by the Civil Defence Emergency Management Group or conferred on Group Recovery Managers by this Act or any other enactment, and may exercise any power conferred on the Group Recovery Manager by delegation under this Act.
3: A Group Recovery Manager or a Local Recovery Manager may authorise any suitably qualified and experienced person to perform any function or duty or exercise any power of that Group Recovery Manager or Local Recovery Manager, except the power to authorise another person to perform those functions and duties or to exercise those powers.
4: A Group Recovery Manager or Local Recovery Manager who authorises a person under subsection (3) to perform a function or duty or to exercise a power remains responsible and accountable under this Act for the performance of the function or duty or the exercise of the power.
5: No Group Recovery Manager or Local Recovery Manager, and no person performing the functions or duties or exercising the powers of a Group Recovery Manager or Local Recovery Manager, may exercise any power conferred on Group Recovery Managers by this Act during any national transition period in any manner contrary to any priorities for the use of resources and services that have been determined by the Director or National Recovery Manager. 2012 No 2 s 10(3A)
18: Section 39 amended (National civil defence emergency management plan)
In section 39(2)(d) national emergency or a national transition period
19: Section 49 amended (Proposed plan to be sent to Minister)
1: After section 49(1)
1A: The Civil Defence Emergency Management Group must have regard to any comments made by the Minister.
2: After section 49(2)(c)
ca: the strategic planning for recovery from the hazards and risks referred to in paragraph (b):
3: After section 49(2)(d)
da: the area of the Group:
4: In section 49(2)(f) in the area of the Group
5: After section 49(2)(f)
fa: the arrangements for giving notice of a local transition period:
20: Section 51 amended (Incorporation by reference)
After section 51(3)(a) or and
21: Section 72 amended (Termination of state of emergency)
After section 72(2)
3: In addition, a state of local emergency is terminated when a notice of a local transition period given by the Minister under section 94B(3)
22: Section 75 amended (Power of Director to act on default by others)
1: In section 75(3)
a: replace work is done or a function or duty is exercised or performed a function or duty is performed
b: replace done, exercised, or performed, as the case may be performed
2: In section 75(4) paid in the first instance out of public money authorised in accordance with the Public Finance Act 1989
3: Replace section 75(5)
5: Expenses so incurred, together with reasonable costs for administration, are recoverable as a debt due to the Crown from the Civil Defence Emergency Management Group or the person responsible for performing the function or duty, or may be recovered by deduction from any money payable by the Crown to that Civil Defence Emergency Management Group or the person responsible for performing the function or duty.
4: In section 75(6) departmental bank account Departmental Bank Account in accordance with section 65U of the Public Finance Act 1989
5: Repeal section 75(7)
23: Section 77 amended (Appeal against requirement to give information)
In section 77(1) section 76 (including as applied and modified by section 94I(2)
24: Section 82 amended (Certain information not to be disclosed or seized)
In section 82(1) section 76 (including as applied and modified by section 94I(2)
25: Section 83 replaced (Restriction on disclosure of information)
Replace section 83
83: Restriction on disclosure of information
A person who receives information following a requirement to give information imposed under section 60, 76, 91(2), or 94N(2) Section 25 amended 29 November 2016 section 6 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
26: Section 86 amended (Evacuation of premises and places)
In section 86 require direct
26A: Section 91 amended (Power to give directions)
In section 91
2: While a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, may direct—
a: the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:
b: the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.
3: A person may not give a direction under subsection (2) unless the person has had regard to whether the structure or type of structure may, in the circumstances, pose a risk of injury or a risk to the safety of life or the safety of other property.
4: A direction given under subsection (2) must—
a: state the purpose of the assessment and specify the assessment that is required; and
b: specify a reasonable time within which the assessment must be concluded; and
c: require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.
5: An owner (or owner’s agent) who is given a direction under subsection (2) must—
a: obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
b: give a copy of the assessment to the person who gave the direction.
6: The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.
7: Section 77(2) and (3) applies in relation to an appeal under subsection (6) with any necessary modifications, and section 77(4) does not apply.
8: Any relief that may be granted under subsection (6) is limited to the reasonable costs associated with obtaining the assessment. Section 26A inserted 29 November 2016 section 7 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
26B: New section 91A inserted (Notice requirements)
After section 91
91A: Notice requirements
1: A person who gives a direction under section 91(2)(a) or (b)
a: must use reasonable endeavours, in accordance with section 114, to notify—
i: each owner (or each owner’s agent) and each occupier of the structure of the direction; and
ii: each owner (or each owner’s agent) and each occupier of any adjacent structure or adjoining land of the direction; and
b: must attach a copy of the notice to a prominent place on, or adjacent to, the structure.
2: A person who gives a direction under section 91(2)(b)
3: A notice given under this section must—
a: state the reasons for giving the direction; and
b: describe the matter to which the direction applies; and
c: state when the assessments are to be carried out; and
d: state where any further information may be viewed; and
e: be published in the Gazette Section 26B inserted 29 November 2016 section 7 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
27: New Parts 5A and 5B inserted
After section 94
5A: Transition periods
94A: Minister may give notice of national transition period
1: After a state of emergency has been declared for any area, or after an emergency arises for which a state of emergency has not been declared, the Minister may give notice of a national transition period over the whole of New Zealand or any areas or districts if it appears to the Minister that a national transition period is required.
2: Without limiting subsection (1), the Minister must be satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—
a: in the public interest; and
b: necessary or desirable to ensure a timely and effective recovery.
3: In deciding whether a national transition period is required, the Minister must have regard to—
a: the areas or districts affected by the emergency; and
b: whether the focus of activities in any area or district is moving from response to recovery, including whether a state of emergency is about to expire or be terminated; and
c: the capacity of any Civil Defence Emergency Management Group and any local authority in any area or district affected by the emergency to carry out recovery activities.
4: If the Minister gives notice of a national transition period,—
a: the Minister must advise the House of Representatives as soon as practicable; and
b: any other transition period then in force in any area or district to which the national transition period applies ceases to have effect.
94B: Notice of local transition period
1: A person who is authorised to give notice of a local transition period by being appointed for the purpose under section 25(1)(b) section 25(4) or (5)
2: After an emergency arises, for which a state of emergency has not been declared, a person who is appointed or otherwise authorised under section 25
3: After a state of emergency has been declared for the area of a Civil Defence Emergency Management Group, or after an emergency arises for which a state of emergency has not been declared, the Minister may give notice of a local transition period for the area or for 1 or more districts or wards within the area if—
a: it appears to the Minister that a local transition period is required for the whole or any part of the area; and
b: notice of a local transition period has not been given under subsection (1).
4: Without limiting subsections (1) to (3), the Minister or the appointed or otherwise authorised person must not give notice of a local transition period unless satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—
a: in the public interest; and
b: necessary or desirable to ensure a timely and effective recovery.
5: In deciding whether a local transition period is required, the Minister or the appointed or otherwise authorised person must have regard to—
a: the areas, districts, or wards affected by the emergency; and
b: whether the focus of activities in any area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated.
6: The Minister must also have regard to the capacity of any Civil Defence Emergency Management Group and any local authority in any area, district, or ward affected by the emergency to carry out recovery activities.
7: Before giving notice under subsection (3), the Minister must, in a manner the Minister considers appropriate, seek and consider comment from any affected Civil Defence Emergency Management Group and the Mayor of any affected local authority, unless—
a: it is impracticable in the circumstances; or
b: in the opinion of the Minister, the urgency of the situation requires the notice of transition to be given immediately.
8: If notice of a local transition period is given under this section over—
a: the whole area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more districts or wards within the area ceases to have effect:
b: a district within the area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more wards within the district ceases to have effect.
9: After notice of a local transition period has been given for an area (the first area
10: The fact that a person purporting to be authorised under section 25
11: However, nothing in this section authorises notice of a local transition period to be given for any part of New Zealand while a national transition period is in force for that part.
94C: Commencement and duration of transition periods
1: A transition period for an area, or part of an area, for which a state of emergency has been declared comes into force—
a: on the termination of the state of emergency under section 72(1); or
b: on the expiry of the state of emergency under section 70(3) or 71(4), if the transition notice states that the transition period comes into force on the expiry of the state of emergency.
2: In any other case, a transition period comes into force at the time and on the date the notice of transition is given.
3: A national transition period ends 90 days after the time and date on which the period comes into force, unless extended or terminated earlier.
4: A local transition period ends 28 days after the time and date on which the period comes into force, unless extended or terminated earlier.
94D: Extension of transition periods
1: Before a national transition period ends, the Minister may by notice extend the national transition period if it appears to the Minister that the extension is required.
2: Before a local transition period ends, the person who gave notice of that local transition period (or another person, including the Minister, authorised to give that notice) may by notice extend the local transition period if it appears to the person that the extension is required.
3: In deciding whether an extension of a transition period is required,—
a: the Minister or other person must have regard to the areas, districts, or wards affected by the emergency; and
b: the Minister or other person must be satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—
i: in the public interest; and
ii: necessary or desirable to ensure a timely and effective recovery.
4: In deciding whether an extension is required, the Minister must also have regard to the capacity of any Civil Defence Emergency Management Group and any local authority in any area, district, or ward affected by the emergency to carry out recovery activities.
5: Before giving notice under subsection (2), the Minister must, in a manner the Minister considers appropriate, seek and consider comment from any affected Civil Defence Emergency Management Group and the Mayor of any affected local authority, unless—
a: it is impracticable in the circumstances; or
b: in the opinion of the Minister, the urgency of the situation requires the notice of extension to be given immediately.
6: An extension of a transition period comes into force immediately before the end of the transition period that is extended and ends,—
a: in the case of a national transition period, 90 days after the time and date on which the extension comes into force, unless terminated earlier; or
b: in the case of a local transition period, 28 days after the time and date on which the extension comes into force, unless terminated earlier.
7: A transition period may be extended more than once.
8: If the Minister extends a national transition period, the Minister must advise the House of Representatives as soon as practicable.
9: If a local transition period is extended a third or further time,—
a: the person (other than the Minister) who extends the period must give the Minister a copy of the notice at the same time as notifying the public of that extension under section 94F(4)
b: the Minister must advise the House of Representatives as soon as practicable.
94E: Termination of transition periods
1: The Minister may by notice terminate a national transition period.
2: The person who gave notice of a local transition period (or the Minister or another person appointed or otherwise authorised to give that notice) may by notice terminate the local transition period.
3: A notice terminating a transition period terminates the relevant transition period when given.
4: Before giving notice under subsection (2), the Minister must, in a manner the Minister considers appropriate, seek and consider comment from any affected Civil Defence Emergency Management Group and the Mayor of any affected local authority, unless—
a: it is impracticable in the circumstances; or
b: in the opinion of the Minister, the urgency of the situation requires the notice of termination to be given immediately.
5: A notice terminating a transition period must—
a: specify the time and date on which it is given; and
b: specify the areas, districts, or wards to which the transition period applies; and
c: be in the form prescribed by regulations made under section 115 or a form of similar effect.
6: A person who terminates a transition period must—
a: immediately notify the public by any means of communication that are reasonably practicable in the circumstances of the case; and
b: ensure that the notice of termination is published in the Gazette
7: If a state of emergency is declared over an area (or any part of an area) to which a transition period applies, the transition period ends without a termination notice being given.
94F: Content and publication of transition period notices and their extensions
1: A notice of a transition period must—
a: specify the time and date on which the notice is given; and
b: specify the areas, districts, or wards to which it applies; and
c: be in the form prescribed by regulations made under section 115 or a form of similar effect.
2: A notice of an extension of a transition period must—
a: specify the time and date on which the notice is given; and
b: specify the areas, districts, or wards to which it applies; and
c: be in the form prescribed by regulations made under section 115 or a form of similar effect.
3: The validity of a notice of a transition period or a notice of an extension of a transition period is not affected by the inclusion of any additional information.
4: A person who gives notice of a transition period, or who extends a transition period, must,—
a: as soon as practicable, notify the public of the notice by publishing the notice—
i: in 1 or more newspapers circulating in the areas, districts, or wards to which the notice relates; and
ii: on an Internet site to which the public has free access; and
b: ensure that the notice or extension is published in the Gazette
5B: Powers in relation to transition periods
94G: Application
1: This Part applies if a transition period is in force.
2: In addition, Part 5 (other than those provisions that apply only during a state of emergency) applies if a transition period is in force.
3: A Recovery Manager may exercise the powers conferred on Recovery Managers under this Part if the exercise of the powers—
a: is in respect of those areas, districts, or wards for which the Recovery Manager is responsible; and
b: is, in the opinion of the Recovery Manager,—
i: in the public interest; and
ii: necessary or desirable to ensure a timely and effective recovery; and
iii: proportionate in the circumstances.
4: A constable may exercise the powers conferred on constables under this Part if the exercise of the powers is, in the opinion of the constable,—
a: in the public interest; and
b: necessary or desirable to ensure a timely and effective recovery; and
c: proportionate in the circumstances.
94H: General transition period powers
A Recovery Manager may—
a: carry out or require to be carried out all or any of the following:
i: works:
ii: clearing roads and other public places:
iii: examining and marking any property, animal, or any other thing:
iv: removing or disposing of, or securing or otherwise making safe, dangerous structures and materials wherever they may be:
b: provide for the conservation and supply of food, fuel, and other essential supplies:
c: disseminate information and advice to the public.
94I: Power to require information
1: A Recovery Manager may require any person to give the Recovery Manager information in accordance with section 76, as if a reference in that section to a Civil Defence Emergency Management Group were a reference to the Recovery Manager.
2: The provisions of sections 76, 77, 82, and 83 apply to a requirement under subsection (1) as if it were a requirement by a Civil Defence Emergency Management Group under section 76(1).
94J: Minister's power of direction
1: This section applies if the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).
2: If this section applies, the Minister may direct the Director or any Civil Defence Emergency Management Group or person—
a: to perform any of the functions or duties or exercise any of the powers conferred on the Director, Group, or person under this Part; or
b: to cease to perform any of the functions or duties or to exercise any of the powers conferred on the Director, Group, or person under this Part.
3: If the Minister directs a person or a Civil Defence Emergency Management Group under this section, the Minister may direct that the functions or duties be performed or the powers be exercised under the control and to the satisfaction of the Director.
94K: Evacuation of premises and places
Despite anything in section 94G
a: the evacuation of any premises or place, including any public place:
b: the exclusion of any persons or vehicles from any premises or place, including any public place.
94L: Entry on premises and places
A Recovery Manager or a constable may enter, and if necessary break into, any premises or place if he or she believes on reasonable grounds that the action is necessary for—
a: saving life, preventing injury, or rescuing and removing injured or endangered persons; or
b: permitting or facilitating the carrying out of any urgent measure for the relief of suffering or distress.
94M: Closing roads and public places
A Recovery Manager or constable may, in order to prevent, limit, or reduce the consequences of an emergency, totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place.
94N: Power to give directions
1: A Recovery Manager or a constable may—
a: direct any person to stop any activity that—
i: may cause, or substantially contribute to the consequences of, an emergency; or
ii: may prevent or substantially hinder recovery from an emergency:
b: request any person, either verbally or in writing, to take any action to prevent or limit or reduce the consequences of the emergency.
2: A Recovery Manager or a constable may direct—
a: the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:
b: the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.
3: A person may not give a direction under subsection (2) unless the person has had regard to whether the structure or type of structure may, in the circumstances, pose a risk of injury or a risk to the safety of life or the safety of other property.
4: A direction given under subsection (2) must—
a: state the purpose of the assessment and specify the assessment that is required; and
b: specify a reasonable time within which the assessment must be concluded; and
c: require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.
5: An owner (or owner’s agent) who is given a direction under subsection (2) must—
a: obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
b: give a copy of the assessment to the person who gave the direction.
6: The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.
7: Section 77(2) and (3) applies in relation to an appeal under subsection (6) with any necessary modifications, and section 77(4) does not apply.
8: Any relief that may be granted under subsection (6) is limited to the reasonable costs associated with obtaining the assessment.
94NA: Notice requirements
1: A person who gives a direction under section 94N(2)(a) or (b)
a: must use reasonable endeavours, in accordance with section 114, to notify—
i: each owner (or each owner’s agent) and each occupier of the structure of the direction; and
ii: each owner (or each owner’s agent) and each occupier of any adjacent structure or adjoining land of the direction; and
b: must attach a copy of the notice to a prominent place on, or adjacent to, the structure.
2: A person giving a direction under section 94N(2)(b)
3: A notice given under this section must—
a: state the reasons for giving the direction; and
b: describe the matter to which the direction applies; and
c: state when the assessments are to be carried out; and
d: state where any further information may be viewed; and
e: be published in the Gazette
94O: Person exercising emergency powers to provide proof of identity
A person exercising a power conferred on him or her by this Part must—
a: have with him or her, and produce if requested to do so, evidence of his or her identity; and
b: if requested to do so, produce evidence of or give a general explanation of the authority under which he or she is acting and the power or powers he or she is exercising.
94P: Reporting
1: If a Recovery Manager or a person acting under the authority of a Recovery Manager exercises a power under this Part in relation to a national transition period, the National Recovery Manager must give a written report to the Director.
2: If a Recovery Manager or a person acting under the authority of a Recovery Manager exercises a power under this Part in relation to a local transition period, the Recovery Manager must give—
a: a written report to the Director; and
b: a copy of the report to the Civil Defence Emergency Management Group.
3: A report and a copy of a report under subsection (1) or (2) must be given within 7 days after the date on which the relevant transition period ends.
4: If a power was exercised by a person other than the Recovery Manager giving the report, that Recovery Manager must consult with that person in preparing the report.
5: The report must—
a: identify the power or powers exercised under this Part and the person who exercised the power or powers; and
b: include the reasons for the exercise of that power or those powers.
6: On receiving a report under—
a: subsection (1), the Director must give a copy of the report to the Minister; and
b: subsection (2)(a), the Director may give a copy of the report to the Minister.
7: If the Minister receives a copy of a report under subsection (6), the Minister must present it to the House of Representatives as soon as practicable.
8: If the National Recovery Manager gives a report to the Director under subsection (1), the National Recovery Manager must also publish a copy of the report on an Internet site as soon as practicable.
9: On receiving a copy of a report under subsection (2)(b), a Civil Defence Emergency Management Group must publish it on the Group’s Internet site as soon as practicable.
10: In this section, Recovery Manager section 29 or 30 Section 27 amended 29 November 2016 section 8(1) Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016 Section 27 amended 29 November 2016 section 8(2) Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
28: Section 96 amended (Withholding information or giving false or misleading information)
1: In section 96(1) 76 76, 91, 94I(1), or 94N
2: In section 96(2) section 77 (including as applied and modified by section 94I(2) Section 28(1) replaced 29 November 2016 section 9 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
29: Section 97 amended (Disclosing information)
In section 97 section 83 (including as applied and modified by section 94I(2)
30: Section 98 amended (Obstruction)
In section 98 state of emergency or transition period
31: Section 99 amended (Failure to comply with direction to evacuate premises or place)
1: In section 99(1) section 86 or 94K
2: In section 99(2) Controller Controller, Recovery Manager,
32: Section 100 amended (Failure to comply with prohibition or restriction on access to road or public place)
In section 100 section 88 or 94M
33: Section 102 amended (Failure to comply with direction)
In section 102 91(a) 91 or 94N Section 33 replaced 29 November 2016 section 10 Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016
34: Section 103 amended (Personation)
In section 103 Controller, a Recovery Manager,
35: Section 108 amended (Compensation for loss or damage to personal property)
1: In section 108(1)
a: replace or a Recovery Co-ordinator or a Recovery Manager
b: after state of emergency or a transition period
2: In section 108(5)(a) the Director or the National Controller the Director, the National Controller, or the National Recovery Manager
3: In section 108(5)(b)(iii) Recovery Co-ordinator Recovery Manager
4: In section 108(5)(b)(iv) or Group Controller , the Group Controller, or a Group Recovery Manager appointed by the Group
36: Section 109 amended (Compensation for other matters)
After section 109(3)
3A: A person who has suffered loss or damage as a result of any action or measure duly taken under instructions issued under any of sections 94K to 94N
3B: A person who has suffered loss or damage as a result of any action or measure duly taken under instructions issued under any of sections 94K to 94N
37: Section 110 amended (Protection from liability)
In section 110(1) state of emergency or a transition period
38: Section 111 amended (Restricted application of Resource Management Act 1991)
In section 111 declared , or notice of a transition period is given,
39: New section 115A inserted (Permanent legislative authority for payment of certain expenses)
After section 115
115A: Permanent legislative authority for payment of certain expenses
The Crown may, without further appropriation than this section, incur expenses to reimburse a local authority for, or to pay public money for the purpose of meeting, expenses incurred by a local authority in connection with an emergency if the expenses—
a: are incurred in respect of civil defence emergency management activities; and
b: meet the criteria for being reimbursed or paid in a Government policy that was in force before the emergency occurred.
40: Section 119 amended (Provisions of Civil Defence Act 1983 that continue)
Repeal section 119(4)
41: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule 1
2: Consequential amendments to other enactments
42: Consequential amendments to other Acts
Amend the enactments specified in Schedule 2 2016-11-29 Heritage New Zealand Pouhere Taonga Act 2014 Local Authorities (Members’ Interests) Act 1968 Maritime Security Act 2004 Maritime Transport Act 1994 Public Finance Act 1989 Resource Management Act 1991
43: Consequential amendments to Schedule of National Civil Defence Emergency Management Plan Order 2015
Amend the Schedule Schedule 3 2016-11-29 National Civil Defence Emergency Management Plan Order 2015


1: Title
This Act is the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016.
2: Commencement
1: Part 1
2: Part 2
3: If any provision of Part 2 24 February 2017 Section 2(2) brought into force 24 February 2017 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act amends the Patents Act 2013 principal Act 2016-11-21 Patents Act 2013 Part 1 only; deemed to have come into force on 13 September 2014 (see section 2(1)). OIC LI 2017/2 2017-02-24 Patents Act 2013 Part 2 to be brought into force by OIC (see section 2(2)).
1: Amendment to principal Act relating to opposition to grant of patent
4: Section 92 amended (Opposition to grant of patent)
In section 92(1)(c) subpart 2 (which relates to specification requirements) any provision of subpart 2 (which relates to specification requirements) other than section 39(2)(a) (which requires claims to relate to 1 invention only)
2: Amendments to principal Act including joint registration regime with Australia for patent attorneys
5: New Part 6 inserted
After Part 5
6: Joint registration regime with Australia for patent attorneys
Preliminary provisions
268: Purpose of this Part
The purpose of this Part is to regulate the provision of patent attorney services by giving effect to the joint registration regime in accordance with the Arrangement.
269: Interpretation of this Part
1: In this Part, unless the context otherwise requires,— Appeals Tribunal Arrangement Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys section 272(2) Australian Patents Act Board Code of Conduct
a: the code known as the Code of Conduct for Patent and Trade Marks Attorneys 2013
b: the replacement for that code, or any subsequent code, that is issued by the Board under the joint registration regime company designated manager Disciplinary Tribunal incorporated law firm incorporated patent attorney joint registration regime
a: Part 1 of Chapter 20 of the Australian Patents Act and any regulations made for the purposes of that Part; and
b: this Part; and
c: any other Acts of the Parliament of Australia or New Zealand, and any regulations made under them, that give effect to the Arrangement; and
d: the Arrangement lawyer limited partnership ordinarily resident in New Zealand section 270 patent attorney attorney
a: carries on business in New Zealand or Australia or both; and
b: undertakes patent attorney services patent attorney director patent attorney services
a: applying for or obtaining a patent in Australia or New Zealand or elsewhere on behalf of another person; and
b: preparing or amending specifications or other documents for the purposes of the patent law of Australia, New Zealand, or any other country on behalf of another person; and
c: giving advice (other than of a scientific or technical nature) as to the validity of patents or their infringement— and providing patent attorney services professional misconduct
a: unsatisfactory professional conduct that involves a substantial or consistent failure to reach reasonable standards of competence and diligence; or
b: any other conduct, whether occurring in connection with practice as an attorney or otherwise, that shows that the attorney is not of good fame, integrity, and character; or
c: any contravention of a law that is declared by the joint registration regime to be professional misconduct registered patent attorney unsatisfactory professional conduct
2: Any terms that are used but not defined in this Part, but defined in the joint registration regime, have the meanings given in that regime.
3: A reference in, or in any regulations made under, this Part to a repealed Australian enactment is a reference to an Australian enactment that, with or without modification, replaces, or corresponds to, the Australian enactment repealed.
4: Subsection (3) 2010 No 108 s 5; Patents Act 1990 s 198, Schedule 1 (Aust); Patents Regulations 1990 (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 1
270: Meaning of ordinarily resident in New Zealand
1: For the purposes of this Part, an individual is taken to be ordinarily resident in New Zealand
a: the individual has his or her home in New Zealand; or
b: New Zealand is the country of his or her permanent abode even though he or she is temporarily absent from New Zealand.
2: However, the individual is taken not to be ordinarily resident in New Zealand if he or she resides in New Zealand for a special or temporary purpose only. Joint registration regime applies in New Zealand
271: Patent attorneys must comply with joint registration regime
1: A person providing patent attorney services must be registered under, and comply with, the joint registration regime.
2: Without limiting subsection (1)
a: no person may provide patent attorney services unless the person is a registered patent attorney; and
b: a company may provide patent attorney services as long as the company is an incorporated patent attorney; and
c: a partnership other than a limited partnership may provide patent attorney services as long as at least 1 member of the partnership is a registered patent attorney; and
d: a limited partnership may not provide patent attorney services; and
e: the joint registration regime applies to the person and the person may be registered as a patent attorney under the regime; and
f: a registered patent attorney must co-operate with a request for information from the Board if the Board is investigating whether or not to commence proceedings against a registered patent attorney; and
g: acts or omissions in New Zealand of the person have the same effect for the purposes of the joint registration regime as if they were acts or omissions in Australia; and
h: if the person’s registration as a patent attorney is suspended or cancelled under the Australian Patents Act, the person's registration is suspended or cancelled (as the case may be) for the purposes of this Part; and
i: the person must pay the fees to the designated manager that are prescribed under the joint registration regime. 1953 No 64 s 103(1); 1997 No 60 s 17; Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3
272: Commissioner must provide information about joint registration regime
1: The Commissioner must provide information about the joint registration regime on an Internet site maintained by or on behalf of the Commissioner, including information about—
a: the role of the designated manager (including registration requirements and processes):
b: the role of the Board (including the Code of Conduct):
c: the consequences of professional misconduct and unsatisfactory professional conduct:
d: how a person in New Zealand may make a complaint to the Board about a registered patent attorney in New Zealand:
e: the role and decisions of the Disciplinary Tribunal:
f: how the Trans-Tasman Proceedings Act 2010, the Evidence Act 2006, and the Trans-Tasman Proceedings Act 2010 (Aust) apply to the joint registration regime:
g: the role of the Appeals Tribunal:
h: the application of the Administrative Decisions (Judicial Review) Act 1977 (Aust).
2: The Commissioner must publish, on an Internet site maintained by or on behalf of the Commissioner, a copy of the Arrangement and Internet links to the Acts and regulations that comprise the joint registration regime.
273: Interface with Lawyers and Conveyancers Act 2006
1: Section 271
a: from providing legal services; or
b: from taking part in proceedings under the Patents Act 2013 to the extent that they were entitled to do so before the commencement of this Part.
2: However, this section does not limit sections 277(1) and 279 1953 No 64 ss 101, 103(5) Offences and penalties
274: Offences: unregistered persons practising, etc, as patent attorneys
Individuals
1: An individual commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the individual carries on business, practises, or acts as a patent attorney; and
b: the individual is not a registered patent attorney or a lawyer.
2: An individual commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a patent attorney or an agent for obtaining patents; and
b: the individual is not a registered patent attorney. Companies
3: A company commits an offence, and is liable on conviction to a fine not exceeding $30,000, if—
a: the company carries on business, practises, or acts as a patent attorney; and
b: the company is not a registered patent attorney or an incorporated law firm.
4: A company commits an offence, and is liable on conviction to a fine not exceeding $30,000, if—
a: the company describes itself, or holds itself out, or permits itself to be described or held out, as a patent attorney or an agent for obtaining patents; and
b: the company is not a registered patent attorney. Partnerships other than limited partnerships
5: A partner in a partnership commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the partner carries on business, practises, or acts as a patent attorney; and
b: none of the partners in the partnership is a registered patent attorney or a lawyer.
6: A partner in a partnership commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the partner describes the partnership, or holds the partnership out, or permits the partnership to be described or held out, as a patent attorney or an agent for obtaining patents; and
b: none of the partners in the partnership is a registered patent attorney or a lawyer. Limited partnerships
7: A limited partnership commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the limited partnership carries on business, practises, or acts as a patent attorney.
8: A limited partnership commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the limited partnership describes itself, or holds itself out, or permits itself to be described or held out, as a patent attorney or an agent for obtaining patents. Interpretation
9: For the purposes of this Part, a person is taken to carry on business, practise, or act as a patent attorney if, and only if, the person does, or undertakes to do, patents work in New Zealand.
10: In this Part, patents work
a: applying for or obtaining patents in New Zealand or anywhere else:
b: preparing specifications or other documents for the purposes of this Act or the patent law of another country:
c: giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents. Patents Act 1990 ss 201, 201A (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)
275: Exceptions for legal representatives and employees
Exception: legal representatives of deceased patent attorneys
1: Section 274(1), (3), and (5)
a: is carried on, within 3 years after the death of the patent attorney or any further time allowed by a court, by the legal representative of the deceased registered patent attorney; and
b: is managed by a registered patent attorney on behalf of the legal representative. Exception: employees
2: Section 274(1) and (2)
a: for his or her employer; or
b: if the person's employer is a member of a related company group, for another member of the group.
3: Section 274(3) and (4) Evidential burden
4: The defendant must adduce or point to evidence that suggests a reasonable possibility that a matter in this section exists or does not exist, in order to rely on this section. Whether company is related to another company
5: In this section, related company group Patents Act 1990 s 201 (Aust)
276: Incorporated patent attorney must have patent attorney director
Offence: failing to notify lack of patent attorney director
1: An incorporated patent attorney commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the incorporated patent attorney—
a: does not have a patent attorney director; and
b: does not notify the designated manager of that within 7 days. Offence: acting after 7 days without patent attorney director
2: An incorporated patent attorney commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the incorporated patent attorney—
a: does not have a patent attorney director; and
b: has not had a patent attorney director during the previous 7 days; and
c: carries on business, practises, or acts as a patent attorney. Patents Act 1990 s 201B (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)
277: Documents prepared by lawyers
1: No lawyer may prepare a specification or a document relating to an amendment of a specification (or make a representation, or permit another person to represent, that the lawyer is entitled to do so) unless the lawyer is—
a: also a registered patent attorney; or
b: acting under the instructions of a registered patent attorney; or
c: directed to do so by a court of New Zealand or elsewhere.
2: A person who contravenes subsection (1) Patents Act 1990 s 202 (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)
278: Documents prepared by member of partnership
1: A partner in a partnership (other than a limited partnership) who is not a registered patent attorney must not prepare a specification, or a document relating to an amendment of a specification, unless—
a: the person is acting under the instructions or supervision of a registered patent attorney; or
b: the amendment has been directed by an order under section 89.
2: A partner in a limited partnership who is not a registered patent attorney must not prepare a specification or a document relating to an amendment of a specification.
3: A person who contravenes subsection (1) or (2) Patents Act 1990 s 202A (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)
279: Documents prepared by incorporated patent attorneys and incorporated law firms
An incorporated patent attorney or an incorporated law firm commits an offence, and is liable on conviction to a fine not exceeding $30,000, if—
a: an employee or a member of the incorporated patent attorney or incorporated law firm prepares a specification or a document relating to an amendment of a specification; and
b: the employee or member is not a registered patent attorney; and
c: the specification or document is not prepared—
i: under the instructions or supervision of an individual who is a registered patent attorney; or
ii: as directed by an order under section 89. Patents Act 1990 s 202B (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)
280: Attendance at patent attorney's office
A registered patent attorney commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the registered patent attorney practises, acts, or holds himself, herself, or itself out as practising or acting, as a patent attorney, at an office or place of business where specifications or other documents are prepared for the purposes of this Act; and
b: there is not an individual who is a registered patent attorney—
i: in regular attendance at that office or place; and
ii: in continuous charge of the patents work done at that office or place. Patents Act 1990 s 203 (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)
281: Time limit for filing charging documents for offences
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under this Part ends on the date that is 5 years after the date on which the offence was committed. Patents Act 1990 s 204 (Aust) Provisions that apply if Disciplinary Tribunal and Appeals Tribunal sit in Australia
282: Provisions that apply if Tribunals sit in Australia
1: The purpose of this section is to give the Disciplinary Tribunal and the Appeals Tribunal powers in respect of a person or persons that ordinarily reside in New Zealand to enable proceedings to be conducted in Australia.
2: For that purpose, the Disciplinary Tribunal is deemed to have been declared by the Minister of Justice to be an Australian court under section 152 of the Evidence Act 2006. Examples
Disciplinary Tribunal subpoenas may be served in New Zealand. The Disciplinary Tribunal may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand.
3: The Disciplinary Tribunal and the Appeals Tribunal are declared to be tribunals to which subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010 applies, and all decisions of those Tribunals that are made in connection with proceedings to review decisions made under the joint registration regime are declared to be orders to which that subpart applies. Example
Certain Tribunal orders may be recognised and enforced in New Zealand. Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(c) Provisions that apply if Disciplinary Tribunal sits in New Zealand
283: Provisions that apply if Disciplinary Tribunal sits in New Zealand
1: The Disciplinary Tribunal may, at a sitting of that Tribunal in New Zealand that involves a patent attorney that is ordinarily resident in New Zealand, exercise all the powers of that Tribunal as if it were a sitting in Australia.
2: Without limiting subsection (1)
3: Without limiting subsection (1)
a: direct that the hearing or any part of the hearing be held in private:
b: require any person to leave the Tribunal:
c: prohibit or restrict the publication of evidence or the name of any party or any witness.
4: Nothing in subsection (2) or (3)
a: the prosecution of any person for an offence committed as a witness; or
b: the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the Disciplinary Tribunal.
5: A decision made under subsection (3) 1908 No 89 s 56J; Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(c)
284: Issue of summons by Disciplinary Tribunal
1: This section applies if the Disciplinary Tribunal, by instrument in writing signed by the President of the Disciplinary Tribunal, issues a summons that requires a person in New Zealand to appear before the Tribunal to give evidence and to produce documents or articles for the purposes of a sitting of the Tribunal in New Zealand.
2: The summons may be served on a person in New Zealand by leaving a copy of the summons with that person personally, together with a statement setting out the rights and obligations of that person, including information as to the manner in which application may be made to that Tribunal to have the summons set aside.
3: A person who has been served with the summons under subsection (1) 1908 No 89 s 56K
285: Failure of witness to comply with summons
1: This section applies if the Disciplinary Tribunal, by instrument in writing signed by the President of the Disciplinary Tribunal, issues a certificate stating that a person named in the certificate has failed to comply with a summons referred to in section 284(1)
2: The High Court may issue a warrant requiring any constable to arrest that person and bring that person before the court.
3: The High Court may, on the appearance of that person before the court, impose a fine not exceeding $1,000 unless the court is satisfied that the failure to comply with the summons, the onus of proof of which lies with that person, should be excused.
4: In determining whether the failure to comply with the summons should be excused, the High Court may have regard to—
a: any matters that were not brought to the attention of the Disciplinary Tribunal, if the High Court is satisfied that—
i: the Disciplinary Tribunal would have been likely to have set aside the summons if those matters had been brought to the attention of that Tribunal; and
ii: the failure to bring those matters to the attention of the Disciplinary Tribunal was not due to any fault on the part of the person alleged to have failed to comply with the summons or was because of an omission by that person that should be excused; and
b: any matters to which the High Court would have regard if the summons had been issued by the High Court.
5: For the purposes of this section, but subject to subsection (4)
a: that the summons was issued by that Tribunal:
b: that the witness failed to comply with the summons:
c: the decision of that Tribunal, or any orders or findings of fact made by that Tribunal, in relation to any application made to that Tribunal to have the summons set aside.
6: Subject to subsection (4) 1908 No 89 s 56L
286: Other provisions about proceedings
1: The provisions in subsection (2)
a: references to the Federal Court of Australia must be treated as references to the Disciplinary Tribunal:
b: references to the court must be treated as references to the Disciplinary Tribunal:
c: references to a Judge of the court must be treated as references to a member of the Disciplinary Tribunal:
d: references to an Australian proceeding must be treated as references to a proceeding before the Disciplinary Tribunal in New Zealand.
2: The provisions are the following provisions of the Judicature Act 1908:
a: section 56M(1)(a) and (2) (power to administer oaths in New Zealand):
b: section 56N (orders not subject to review):
c: section 56O (contempt):
d: section 56Q(1), (2)(a), (3)(a), and (4)(a) (privileges and immunities of Judges, counsel, and witnesses). Miscellaneous provisions
287: Territorial scope and jurisdiction
1: A registered patent attorney who is ordinarily resident in New Zealand is within the jurisdiction of the Disciplinary Tribunal and the Appeals Tribunal and must co-operate with an investigation by either Tribunal into his or her conduct.
2: This Part does not apply to a person or company that is part of the patent attorney profession of a country outside New Zealand if—
a: the person or company—
i: is resident or incorporated in a country other than Australia or New Zealand; or
ii: has a principal place of business for undertaking patent attorney services in a country other than Australia or New Zealand; and
b: the patent attorney services provided by the person or company are in respect of the patent law of a country other than New Zealand or Australia. 1961 No 43 s 7; Therapeutic Products and Medicines Bill 2006 cl 29; Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(d)
288: Rights of patent attorney over documents and client property
A registered patent attorney has the same right of lien over documents and property of a client as a lawyer or incorporated law firm, as the case may be, has. Patents Regulations 1991 (Aust) r 20.53
289: Investigations under Australian Acts
A member of the Disciplinary Tribunal who is ordinarily resident in New Zealand must co-operate with an investigation that is undertaken under the Freedom of Information Act 1982 (Aust) or the Privacy Act 1988 (Aust).
290: Regulations under this Part
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing matters that are necessary or desirable for the implementation of the Arrangement:
b: increasing or decreasing the fines for an offence under this Part to an amount that is consistent with the fines that apply under the joint registration regime after any alteration of the amount of penalty units under section 4AA of the Crimes Act 1914 (Aust):
c: prescribing any other matters that are required or permitted by the joint registration regime to be prescribed:
d: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e), (f)
6: New Schedule 1AA inserted
Before the Schedule Schedule 1
7: Repeal of Patents Act 1953
1: The Patents Act 1953
2: However, the Patents Regulations 1954 Part 2 of Schedule 2 section 114 OIC LI 2017/2 2017-02-24 Patents Act 1953 Part 2 to be brought into force by OIC (see section 2(2)).
8: Consequential amendments
The enactments specified in Schedule 2 OIC LI 2017/2 2017-02-24 Evidence Act 2006 Lawyers and Conveyancers Act 2006 Patents Act 2013 Privacy Act 1993 Lawyers and Conveyancers Act (Lawyers: Income sharing with Patent Attorneys) Regulations 2008 Patents Regulations 1954 Trade Marks Regulations 2003 Part 2 to be brought into force by OIC (see section 2(2)).