New Zealand Legislation: Acts

26B Minister may approve expenses or capital expenditure to be incurred in excess of existing appropriation

• (1) This section applies if the Minister considers that the incurring of expenses or capital expenditure in the last 3 months of any financial year that is in excess, but within the scope, of an existing appropriation by or under an Act should be approved.

  (2) The Minister may, in that financial year or not later than 3 months after the end of that financial year, approve in respect of that appropriation up to the greater of—

  • (a) an amount not exceeding $10,000; or

  • (b) 2% of the total amount appropriated for that appropriation.

  (3) Subsection (2) applies—

  • (a) even though all or part of the expenses or capital expenditure may have been incurred; and

  • (b) despite sections 4 and 8.

  (4) Any expenses or capital expenditure that the Minister approves under this section must be included, for confirmation by Parliament, in an Appropriation Bill that applies to that financial year.

  (5) Subsection (4) does not limit the validity of any expenses or capital expenditure incurred under this section.

  Parts 1 and 2 (sections 4 to 26A) were substituted by new Parts 1 and 2 (sections 4 to 26Z), as from 25 January 2005, by section 7 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.