Schedule 1 Application, savings, and transitional provisions relating to amendments made to Act after 1 January 2013

ss 2A, 88

Schedule 1: replaced, on 18 July 2013, by section 53 of the Public Finance Amendment Act 2013 (2013 No 50).

Part 1 Provisions relating to Public Finance Amendment Act 2013

Schedule 1 Part 1 heading: inserted, on 4 September 2013, by section 13(2) of the Public Finance (Fiscal Responsibility) Amendment Act 2013 (2013 No 67).

1 Interpretation

In this Part,—

2013/14 financial year means the financial year ending with 30 June 2014

2014/15 financial year means the financial year ending with 30 June 2015

amendment Act means the Public Finance Amendment Act 2013

commencement date means the date on which the amendment Act comes into force

new provision means a provision of this Act as amended or inserted by the amendment Act, and new section has a corresponding meaning

old provision means a provision of this Act as in force immediately before its amendment or repeal by the amendment Act, and old section has a corresponding meaning.

Schedule 1 clause 1: amended, on 4 September 2013, by section 13(3) of the Public Finance (Fiscal Responsibility) Amendment Act 2013 (2013 No 67).

General application of provisions relating to financial year

2 Amendments made on 1 July 2014 apply to 2014/15 financial year and subsequent financial years

(1)

This clause applies to any provision of this Act that—

(a)

relates to a financial year; and

(b)

is amended on 1 July 2014 by Part 2 of the amendment Act.

(2)

The provision must,—

(a)

to the extent that it relates to the 2014/15 financial year and subsequent financial years, be treated as if it were amended on the commencement date rather than 1 July 2014; and

(b)

to the extent that it relates to previous financial years, be treated as if it were not amended on 1 July 2014.

(3)

This clause is subject to clause 3.

3 Multi-category appropriations may be used in 2013/14 financial year

Despite clause 2, in the 2013/14 financial year,—

(a)

old section 7(1) must be read as if it included, as a type of appropriation, a multi-category appropriation described in new section 7A(1)(g) (as inserted by section 59 of the amendment Act); and

(b)

any new provision that relates to a multi-category appropriation must, for the purposes of the multi-category appropriation and any expenses or capital expenditure incurred under it, be treated as if it were amended on the commencement date.

4 Annual report for 2013/14 financial year must include forecast financial statements for 2014/15 financial year

Despite clause 2, old section 45 must be read as if it included a requirement for a department’s annual report for the 2013/14 financial year to include forecast financial statements for the 2014/15 financial year that comply with new section 45BA (as inserted by section 86 of the amendment Act).

5 First information on strategic intentions under new section 38 must relate to 2014/15 financial year and subsequent financial years

(1)

A department must provide to its responsible Minister, under new section 38 (as inserted by section 80 of the amendment Act), information on its strategic intentions for the 2014/15 financial year and at least the following 3 financial years.

(2)

A department must comply with subclause (1) not later than the day on which it provides, to its responsible Minister, its annual report for the 2013/14 financial year.

Additional transitional provisions applicable to Schedule 4 organisations and Schedule 4A companies

6 Additional transitional provisions applicable to Schedule 4 organisations and Schedule 4A companies

(1)

Clauses 1 to 3 of Schedule 1AAA of the Crown Entities Act 2004 (the CEA transitional schedule) apply to Schedule 4 organisations and Schedule 4A companies, except that references in clause 1 of the CEA transitional schedule to a Crown entity must be read as if they were references to a Schedule 4 organisation or a Schedule 4A company (as applicable).

(2)

If new section 139 of the Crown Entities Act 2004 applies to a Schedule 4 organisation or a Schedule 4A company, then clause 4 of the CEA transitional schedule also applies to the organisation or company, except that references in that clause to a Crown entity must be read as if they were references to a Schedule 4 organisation or a Schedule 4A company (as applicable).

7 Exception to section 45OA(1)(g) for Crown Fibre Holdings Limited in respect of certain subsidiaries

(1)

Despite section 45OA(1)(g), section 97 of the Crown Entities Act 2004 (which sets out rules that apply to a parent Crown entity in respect of its subsidiaries) does not apply to Crown Fibre Holdings Limited in respect of a specified subsidiary.

(2)

For the purposes of subclause (1), specified subsidiary means a subsidiary that, on the commencement date, is a company with no shareholders other than—

(a)

Crown Fibre Holdings Limited; and

(b)

the Crown; and

(c)

1 of the following:

(i)

Chorus Limited:

(ii)

Enable Services Limited:

(iii)

Northpower Limited:

(iv)

Waikato Networks Limited:

(v)

a wholly owned subsidiary of Chorus Limited, Enable Services Limited, Northpower Limited, or Waikato Networks Limited.

(3)

This clause is repealed on the close of 30 June 2021.

8 Application of Crown Entities Act 2004 to Tāmaki Redevelopment Company Limited’s statement of intent for 2013/14 financial year

(1)

Despite new section 45OA(1)(n),—

(a)

sections 138 to 144, 145(a) and (b), and 146 of the Crown Entities Act 2004 do not apply to TRCL’s first statement of intent; and

(b)

sections 145(c) and 149

(i)

do not apply to TRCL’s first statement of intent; but

(ii)

apply to an amendment to TRCL’s first statement of intent.

(2)

If TRCL’s first statement of intent includes information described in section 141(1)(b), (c), (d), (f), (g), or (h) or section 142(1)(b) (a specified provision) of the Crown Entities Act 2004, section 147 of that Act applies as if the information were included in TRCL’s first statement of intent under the specified provision.

(3)

In this clause, TRCL’s first statement of intent means Tāmaki Redevelopment Company Limited’s statement of intent for the 2013/14 financial year.

Part 2 Provision relating to Public Finance (Fiscal Responsibility) Amendment Act 2013

Schedule 1 Part 2: repealed, on 4 September 2017, by clause 9(4).

9 Transitional provision relating to Public Finance (Fiscal Responsibility) Amendment Act 2013
[Repealed]

Schedule 1 clause 9: repealed, on 4 September 2017, by clause 9(4).