2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

annual financial statements of the Government means the annual consolidated financial statements for the Government reporting entity prepared under section 27

appropriation administrator,—

(a)

in relation to an appropriation made to the Crown, means the department that administers the appropriation on behalf of the appropriation Minister; and

(b)

in relation to an appropriation made to an Office of Parliament, means that Office of Parliament

appropriation Minister,—

(a)

in relation to an appropriation made to an Office of Parliament, means the Speaker; and

(b)

in relation to an appropriation administered by the Office of the Clerk of the House of Representatives or the Parliamentary Service, means the Speaker; and

(c)

in relation to any other appropriation, means the Minister responsible for that appropriation

asset means an asset that is defined, recognised, and measured in accordance with generally accepted accounting practice

Auditor-General has the meaning given to it by section 4 of the Public Audit Act 2001

bank, in relation to a bank operating within New Zealand, means the Reserve Bank of New Zealand or a registered bank under the Reserve Bank of New Zealand Act 1989

benefit means an amount of public money provided by the Crown for the benefit of some person

borrow money

(a)

includes—

(i)

entering into hire purchase agreements or agreements that are of the same or a substantially similar nature; and

(ii)

entering into finance lease arrangements or arrangements that are of the same or a substantially similar nature; and

(iii)

accepting debt on assignment from other persons; but

(b)

does not include the purchase of goods or services on credit, or the obtaining of an advance, through the use of a credit card or by a supplier supplying credit for the purchase of goods or services, for a period of 90 days or less from the date the credit card is used or the credit is supplied

borrowing expenses means any interest or other financing expenses in respect of any loan or under any public security

Budget means the Minister’s statement in moving the second reading of the main Appropriation Bill for a financial year

capital expenditure means the costs of assets acquired or developed (including tangible, intangible, or financial assets and any ownership interest in entities, but excluding inventories)

carrying amount has the meaning given to it under generally accepted accounting practice

category,—

(a)

in relation to expenses, means a grouping of similar or related expenses; and

(b)

in relation to capital expenditure, means a grouping of similar or related items of capital expenditure

chief executive means,—

(a)

in the case of a department, the head of the department and includes a chief executive appointed under the State Sector Act 1988:

(aa)

in the case of a departmental agency, the person holding office under section 31 of the State Sector Act 1988 as the chief executive of the departmental agency:

(b)

in the case of a Crown entity, the chief executive officer of the Crown entity:

(c)

in the case of an Office of Parliament, the head of the Office concerned

class of outputs or class means a grouping of similar outputs

commitment means future expenses and liabilities to be incurred on contracts that have been entered into at balance date

company means a company within the meaning of the Companies Act 1993

Crown or the Sovereign

(a)

means the Sovereign in right of New Zealand; and

(b)

includes all Ministers of the Crown and all departments; but

(c)

does not include—

(i)

an Office of Parliament; or

(ii)

a Crown entity; or

(iii)

a State enterprise named in Schedule 1 of the State-Owned Enterprises Act 1986; or

(iv)

a Schedule 4 organisation; or

(v)

a Schedule 4A company; or

(vi)

a mixed ownership model company; or

(vii)

an entity named or described in Schedule 6

Crown Bank Account means any of the bank accounts opened and maintained under section 65R

Crown entity has the meaning given to it by section 7(1) of the Crown Entities Act 2004

department

(a)

means—

(i)

a department (as defined in section 27A(1) and (2) of the State Sector Act 1988); or

(ii)

the New Zealand Defence Force; or

(iii)

the New Zealand Police; or

(iv)
[Repealed]

(v)

the Parliamentary Counsel Office; or

(vi)

the Office of the Clerk of the House of Representatives; or

(vii)

the Parliamentary Service; but

(b)

does not include—

(i)

a body corporate or other legal entity that has the power to contract; or

(ii)

an Office of Parliament

departmental,—

(a)

in relation to expenses, means expenses incurred by a department or an Office of Parliament; and

(b)

in relation to capital expenditure, means capital expenditure incurred by a department or an Office of Parliament

departmental agency has the meaning given in section 27A of the State Sector Act 1988 (see also section 27B of that Act)

Departmental Bank Account means any of the bank accounts opened, maintained, and operated under section 65S

departmental revenue means revenue generated by a department or an Office of Parliament resulting from the supply by the department or Office of goods, services, rights, or money to other parties, including the Crown

derivative

(a)

has the same meaning as in section 8 of the Financial Markets Conduct Act 2013; and

(b)

includes a foreign exchange transaction

Estimates means a statement in any form that—

(a)

describes and supports the appropriations being sought in the main Appropriation Bill for a financial year; and

(b)

contains the information referred to in section 14

expenses means expenses measured in accordance with generally accepted accounting practice; and includes costs

financial year means a period of 12 months commencing on 1 July and ending with 30 June

forecast financial statements means a set of statements that consists of—

(a)

a forecast statement of financial performance; and

(b)

a forecast statement of financial position; and

(c)

a forecast statement of cash flows; and

(d)

any other forecast financial statement required by generally accepted accounting practice; and

(e)

any other forecast financial statement required for a reporting entity by any regulations made, or instructions issued, under this or any other Act

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

Government means the Executive Government of New Zealand

Government reporting entity means—

(a)

the Sovereign in right of New Zealand; and

(b)

the legislative, executive, and judicial branches of the Government of New Zealand

host department, in relation to a departmental agency, has the meaning given in section 27A(1) and (2) of the State Sector Act 1988

intelligence and security department means—

(a)

the New Zealand Security Intelligence Service; or

(b)

the Government Communications Security Bureau

lend money

(a)

includes—

(i)

deferring payment for any goods or services supplied or works constructed for any person, organisation, or government; and

(ii)

entering into hire purchase agreements or agreements that are of the same or a substantially similar nature; and

(iii)

entering into finance lease arrangements or arrangements that are of the same or a substantially similar nature; but

(b)

does not include selling or supplying goods or services on credit for a period of 90 days or less from the date the credit is supplied

liability means a liability that is defined, recognised, and measured in accordance with generally accepted accounting practice

local authority means a local authority within the meaning of the Local Government Act 2002

main Appropriation Bill, in respect of a financial year, means the first Appropriation Bill that relates to that financial year, and main Appropriation Act has a corresponding meaning

Minister means the Treasurer, or other Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or particular provisions of this Act

mixed ownership model company has the meaning set out in section 45P

multi-category appropriation means an appropriation described in section 7A(1)(g)

non-departmental,—

(a)

in relation to expenses, means expenses incurred on behalf of the Crown, other than by a department or an Office of Parliament; and

(b)

in relation to capital expenditure, means capital expenditure incurred on behalf of the Crown, other than by a department or an Office of Parliament

Office of Parliament means the Parliamentary Commissioner for the Environment (and that Commissioner’s office), the Office of Ombudsmen, and the Auditor-General

operating surplus means the amount by which departmental revenue exceeds the expenses of a department

other expenses means any expenses incurred by the Crown, a department, or an Office of Parliament that are other than—

(a)

output expenses; or

(b)

benefits or related expenses; or

(c)

borrowing expenses

output expenses

(a)

includes the full cost of producing and supplying outputs measured in accrual accounting terms; and

(b)

includes the full allocation of overhead costs

outputs

(a)

means goods or services that are supplied by a department, Crown entity, Office of Parliament, or other person or body; and

(b)

includes goods or services that a department, Crown entity, Office of Parliament, or other person or body has agreed or contracted to supply on a contingent basis, but that have not been supplied

permanent legislative authority,—

(a)

in relation to incurring expenses or capital expenditure, means an express authority given by or under an Act other than an Appropriation Act to incur expenses or capital expenditure without further appropriation (see, for example, section 65ZH, which relates to certain finance expenses, and section 9 of the Ombudsmen Act 1975, which relates to salaries and allowances of Ombudsmen); and

(b)

in relation to spending public money, means an express authority given by or under an Act to spend public money without further authority (see, for example, section 6)

principles of responsible fiscal management has the meaning given to it by section 26G(1)

public money means all money received by or on behalf of the Crown, including the proceeds of all loans raised on behalf of the Crown, and any other money that the Minister or the Secretary directs to be paid into a Crown Bank Account or Departmental Bank Account and any money held by an Office of Parliament; but does not include money held in trust as trust money

public security means any security issued under section 63 or any provision of any other Act; and includes any loan or credit agreement, guarantee, indemnity, bond, note, debenture, bill of exchange, Treasury bill, Government stock, and any other security representing part of the public debt of New Zealand

remeasurements

(a)

means revisions of prices or estimates that result from revised expectations of future economic benefits or obligations that change the carrying amounts of assets or liabilities; but

(b)

does not include—

(i)

revisions that result from transactions or events that give rise to the initial recognition of assets or liabilities in the reporting period; or

(ii)

revisions that result from transactions or events directly attributable to actions or decisions taken by the Crown; or

(iii)

expenses that arise from the consumption of assets during the reporting period; or

(iv)

interest income or interest expenses

responsible Minister means,—

(a)

in relation to an Office of Parliament, to the Office of the Clerk of the House of Representatives, or to the Parliamentary Service, the Speaker:

(b)

in relation to any other department, the Minister for the time being responsible for the financial performance of the department:

(c)

in relation to a Schedule 4 organisation, the Minister for the time being responsible for the financial performance of the organisation:

(d)

in relation to a Schedule 4A company, the Minister and the other shareholding Minister or Ministers

Schedule 4 organisation means an organisation named or described in Schedule 4

Schedule 4A company means a company named in Schedule 4A

Secretary means the Secretary to the Treasury, being the chief executive of the Treasury

Speaker means—

(a)

the Speaker of the House of Representatives; or

(b)

on the dissolution or expiration of Parliament until the first meeting of the new Parliament, the person holding the office of Speaker of the House of Representatives at the time of the dissolution or expiration, or, if there was at that time a vacancy in the office of Speaker of the House of Representatives or if the person holding that office at that time dies, the person holding the office of Deputy Speaker at the time of the dissolution or expiration

subsidiary has the same meaning as in section 5 of the Companies Act 1993

Supplementary Estimates means a statement in any form that—

(a)

is presented to the House of Representatives in accordance with section 16; and

(b)

contains the information referred to in section 17

Treasury means the department of that name and, in relation to any particular function, duty, or power, means the Secretary; and includes any person for the time being authorised, by the Secretary or otherwise, to exercise that function, duty, or power

Treasury instructions means Treasury instructions issued under section 80

Trust Bank Account means a Trust Bank Account established under Part 7

trust money means trust money within the meaning of section 66(1)

type, in relation to an appropriation, means any of the types of appropriations specified in section 7A(1)

Vote means an appropriation or a grouping of appropriations that is—

(a)

the responsibility of a designated Minister or Ministers and administered by 1 department; or

(b)

the responsibility of the Speaker and administered by—

(i)

an Office of Parliament; or

(ii)

the Office of the Clerk of the House of Representatives; or

(iii)

the Parliamentary Service

working day means any day except—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

the day observed as anniversary day in Wellington; and

(c)

a day in the period commencing on 25 December in one year and ending on 15 January in the next year.

(2)

[Repealed]

(3)

[Repealed]

(4)

[Repealed]

(5)

Notwithstanding any other provision of this Act, where this Act provides that a power may be exercised by both the Minister and the Secretary, the power may be exercised by the Secretary only in so far as the Minister has not otherwise directed.

Section 2: substituted, on 1 July 1994, by section 3(1) of the Public Finance Amendment Act 1994 (1994 No 18).

Section 2(1) annual financial statements of the Crown: repealed, on 25 January 2005, by section 5(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) annual financial statements of the Government: inserted, on 25 January 2005, by section 5(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) appropriation administrator: inserted, on 18 July 2013, by section 5(1) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) appropriation Minister: inserted, on 18 July 2013, by section 5(1) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) asset: inserted, on 25 January 2005, by section 5(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Audit Office: repealed, on 25 January 2005, by section 5(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Auditor-General: inserted, on 25 January 2005, by section 5(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) borrow money: inserted, on 25 January 2005, by section 5(2) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) borrowing expenses: amended, on 12 December 2000, by section 3 of the Public Finance Amendment Act 2000 (2000 No 78).

Section 2(1) Budget: inserted, on 25 January 2005, by section 5(3) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Budget: amended, on 1 July 2014, by section 58(1) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) capital contribution: repealed, on 25 January 2005, by section 5(4) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) capital expenditure: inserted, on 25 January 2005, by section 5(4) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) carrying amount: inserted, on 25 January 2005, by section 5(4) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) category: inserted, on 18 July 2013, by section 5(1) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) chief executive paragraph (aa): inserted, on 18 July 2013, by section 5(2) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) company: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) contingent liability: repealed, on 25 January 2005, by section 5(5) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) cost: repealed, on 25 January 2005, by section 5(5) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Crown or Her Majesty: repealed, on 25 January 2005, by section 5(6)(a) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Crown or the Sovereign: inserted, on 25 January 2005, by section 5(6)(a) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Crown or the Sovereign paragraph (a): amended, on 25 January 2005, by section 5(6)(b) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Crown or the Sovereign paragraph (c)(iii): amended, on 18 July 2013, by section 5(3) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Crown or the Sovereign paragraph (c)(iv): inserted, on 18 July 2013, by section 5(4) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Crown or the Sovereign paragraph (c)(v): inserted, on 18 July 2013, by section 5(4) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Crown or the Sovereign paragraph (c)(vi): inserted, on 18 July 2013, by section 5(4) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Crown or the Sovereign paragraph (c)(vi): amended, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).

Section 2(1) Crown or the Sovereign paragraph (c)(vii): inserted, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).

Section 2(1) Crown Bank Account: substituted, on 25 January 2005, by section 5(7) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Crown entity: substituted, on 25 January 2005, by section 5(8) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Crown entity group: repealed, on 25 January 2005, by section 5(8) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) department: substituted, on 25 January 2005, by section 5(9) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) department paragraph (a): replaced, on 18 July 2013, by section 5(5) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) department paragraph (a)(iv): repealed, on 28 September 2017, by section 322 of the Intelligence and Security Act 2017 (2017 No 10).

Section 2(1) departmental: inserted, on 18 July 2013, by section 5(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) departmental agency: inserted, on 18 July 2013, by section 5(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Departmental Bank Account: substituted, on 25 January 2005, by section 5(10) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) derivative: inserted, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 2(1) derivative transaction: repealed, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 2(1) Estimates: substituted, on 25 January 2005, by section 5(12) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Estimates paragraph (a): amended, on 1 July 2014, by section 58(2) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) forecast financial statements: inserted, on 25 January 2005, by section 5(13) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) generally accepted accounting practice: replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) Government reporting entity: inserted, on 25 January 2005, by section 5(14) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) host department: inserted, on 18 July 2013, by section 5(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) impact: repealed, on 1 July 2014, by section 58(3) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) intelligence and security department: inserted, on 25 January 2005, by section 5(14) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) lend money: inserted, on 18 July 2013, by section 5(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) liability: substituted, on 25 January 2005, by section 5(15) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) main Appropriation Bill: inserted, on 1 July 2014, by section 58(8) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Minister: substituted, on 25 June 1997, by section 2 of the Treasurer (Statutory References) Act 1997 (1997 No 20).

Section 2(1) mixed ownership model company: inserted, on 30 June 2012, by section 5 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).

Section 2(1) Mode B: repealed, on 25 January 2005, by section 5(16) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Mode C: repealed, on 25 January 2005, by section 5(16) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) multi-category appropriation: inserted, on 1 July 2014, by section 58(8) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) multi-class output expense appropriation: repealed, on 1 July 2014, by section 58(4) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) non-departmental: inserted, on 18 July 2013, by section 5(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Office of Parliament: amended, on 25 January 2005, by section 5(18) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Office of Parliament: amended, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

Section 2(1) other expenses: substituted, on 25 January 2005, by section 5(19) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) other expenses paragraph (b): replaced, on 1 July 2014, by section 58(5) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) outcome: repealed, on 1 July 2014, by section 58(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) output expenses: inserted, on 25 January 2005, by section 5(20) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) outputs: substituted, on 25 January 2005, by section 5(20) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) permanent legislative authority: inserted, on 18 July 2013, by section 5(6) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) permanent legislative authority: amended, on 1 July 2014, by section 58(9) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) principles of responsible fiscal management: inserted, on 25 January 2005, by section 5(20) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) public money: amended, on 18 July 2013, by section 5(7)(a) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) public money: amended, on 18 July 2013, by section 5(7)(b) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) public security: amended, on 25 January 2005, by section 5(21) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) purchased: repealed, on 25 January 2005, by section 5(22) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) raising a loan: repealed, on 25 January 2005, by section 5(22) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) remeasurements: inserted, on 25 January 2005, by section 5(23) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) responsible Minister: replaced, on 18 July 2013, by section 5(8) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Schedule 4 organisation: inserted, on 18 July 2013, by section 5(9) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Schedule 4A company: inserted, on 18 July 2013, by section 5(9) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) subsidiary: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) Supplementary Estimates: substituted, on 25 January 2005, by section 5(25) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) trading revenue: repealed, on 25 January 2005, by section 5(26) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) type: inserted, on 25 January 2005, by section 5(27) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) type: amended, on 1 July 2014, by section 58(7) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 2(1) Vote: substituted, on 25 January 2005, by section 5(28) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) working day: added, on 25 January 2005, by section 5(29) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(2): repealed, on 25 January 2005, by section 5(30) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(3): repealed, on 25 January 2005, by section 5(30) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(4): repealed, on 25 January 2005, by section 5(30) of the Public Finance Amendment Act 2004 (2004 No 113).