Public Finance Act 1989 No 44 (as at 13 September 2009), Public Act

Reprint
as at 13 September 2009

Public Finance Act 1989

Public Act1989 No 44
Date of assent26 July 1989

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Treasury.


Contents

Title

Requirement for appropriations

Information requirements for appropriations

Other provisions relating to appropriations

Application of this Part to Offices of Parliament

Preliminary

Fiscal strategy report

Budget policy statement

Statement on long-term fiscal position

Economic and fiscal updates

Disclosure requirements for economic and fiscal updates

Statement of responsibility

Miscellaneous

Responsibilities of chief executives

Power of chief executives to obtain information

Reporting requirements—information on future operating intentions

Reporting requirements—annual reports

Miscellaneous

Limits on borrowing by the Crown

Appointment of borrowing agents

Terms and conditions of borrowing

Payments relating to borrowings

Limits on the Crown issuing securities

Terms and conditions of securities

Payments relating to securities

Limits on the Crown entering into derivative transactions

Payments relating to derivative transactions

Investment of public money

Limits on lending by the Crown

Crown Bank Accounts

Departmental Bank Accounts

General

Limits on giving by the Crown of guarantees and indemnities

Other provisions relating to guarantees and indemnities

70A Interpretation [Repealed]

Appropriations

70C Estimates [Repealed]

Banking and investment

Reporting


An Act to amend the law governing the use of public financial resources and to that end to—

  • (a) Provide a framework for Parliamentary scrutiny of the Government's management of the Crown's assets and liabilities, including expenditure proposals; and

  • (b) Establish lines of responsibility for the use of public financial resources; and

  • (c) Establish financial management incentives to encourage effective and efficient use of financial resources in departments and Crown entities; and

  • (d) Specify the minimum financial reporting obligations of the Crown, departments, and Crown entities; and

  • (e) Safeguard public assets by providing statutory authority and control for the raising of loans, issuing of securities, giving of guarantees, operation of bank accounts, and investment of funds

  • In the Long Title paragraphs (c) and (d) were amended, as from 21 December 1992, by section 2 Public Finance Amendment Act 1992 (1992 No 142) by substituting in both paragraphs the words Crown entities for the words Crown agencies.

1 Short Title and commencement
  • (1) This Act may be cited as the Public Finance Act 1989.

    (2) Except as provided in this section, this Act shall be deemed to have come into force on the 1st day of July 1989.

    (3) [Repealed]

    (3A) [Repealed]

    (4) The amendment to section 19 of the Goods and Services Tax Act 1985 specified in Schedule 1 to this Act shall come into force on the day this Act receives the Royal assent.

    (5) Where any document is made or thing is done, pursuant to the Public Finance Act 1977, during the period commencing on the 1st day of July 1989 and ending with the day before the day on which this Act receives the Royal assent, such document or thing, if capable of being made or done under the provisions of this Act, shall be deemed to have been made or done pursuant to the provisions of this Act.

    Subsections (2) and (3) were substituted, and subsection (3A) inserted, as from 5 March 1991, by section 2 Public Finance Amendment Act 1991 (1991 No 6).

    Subsections (3) and (3A) were repealed, as from 1 July 1994, by section 2 Public Finance Amendment Act 1994 (1994 No 18).

1A Purpose
  • (1) The purpose of this Act is to consolidate and amend the law governing the use of public financial resources.

    (2) To that end, this Act—

    • (a) provides a framework for parliamentary scrutiny of—

      • (i) the Government's expenditure proposals; and

      • (ii) the Government's management of its assets and liabilities; and

    • (b) establishes lines of responsibility for effective and efficient management of public financial resources; and

    • (c) specifies the principles for responsible fiscal management in the conduct of fiscal policy and requires regular reporting on the extent to which the Government's fiscal policy is consistent with those principles; and

    • (d) specifies the minimum financial and non-financial reporting obligations of Ministers, departments, Offices of Parliament, and organisations named or described in Schedule 4; and

    • (e) provides for the application of financial management incentives and for the accountability of organisations named or described in Schedule 4; and

    • (f) safeguards public assets by providing statutory authority and control for the—

      • (i) borrowing of money; and

      • (ii) issuing of securities; and

      • (iii) use of derivative transactions; and

      • (iv) investment of funds; and

      • (v) operation of bank accounts; and

      • (vi) giving of guarantees and indemnities.

    Section 1A was inserted, as from 25 January 2005, by section 4 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Annual financial statements of the Crown

    [Repealed]

    Annual financial statements of the Crown: this definition was amended, as from 21 December 1992, by section 3(1) Public Finance Amendment Act 1992 (1992 No 142), by omitting the word consolidated.

    Annual financial statements of the Crown: this definition was repealed, as from 25 January 2005, by section 5(1) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    annual financial statements of the Government: this definition was inserted, as from 25 January 2005, by section 5(1) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    asset: this definition was inserted, as from 25 January 2005, by section 5(1) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Audit Office

    [Repealed]

    Audit Office: this definition was amended, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10) by substituting the words means the Controller and Auditor-General for the words has the same meaning as in section 14 of the Public Finance Act 1977.

    Audit Office: this definition was repealed, as from 25 January 2005, by section 5(1) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Auditor-General: this definition was inserted, as from 25 January 2005, by section 5(1) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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

    Bank: this definition in the original section 2 was amended by substituting the Reserve Bank of New Zealand Act 1989 for the repealed Reserve Bank of New Zealand Act 1964.

    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.

    borrow money: this definition was inserted, as from 25 January 2005, by section 5(2) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Borrowing expenses: this definition was amended as from 12 December 2000, by section 3 Public Finance Amendment Act 2000 (2000 No 78), by omitting the words , including any guarantee or indemnity given under any Act.

    Budget means the Minister's statement in moving the second reading of the first Appropriation Bill for a financial year.

    Budget: this definition was inserted, as from 25 January 2005, by section 5(3) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Capital contribution

    [Repealed]

    Capital contribution: this definition was repealed, as from 25 January 2005, by section 5(4) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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)

    capital expenditure: this definition was inserted, as from 25 January 2005, by section 5(4) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    carrying amount: this definition was inserted, as from 25 January 2005, by section 5(4) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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:

    • (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:

    Chief executive: paragraph (b) of this definition in the original section 2 was substituted, as from 21 December 1992, by section 3(2) Public Finance Amendment Act 1992 (1992 No 142).

    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 1955, or the Companies Act 1993, as the case may be

    Company: this definition was inserted, as from 21 December 1992, by section 3(3) Public Finance Amendment Act 1992 (1992 No 142).

    Contingent liability

    [Repealed]

    Contingent liability: this definition was substituted, as from 21 December 1992, by section 3(3) and (4) Public Finance Amendment Act 1992 (1992 No 142).

    Contingent liability: this definition was repealed, as from 25 January 2005, by section 5(5) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Cost

    [Repealed]

    Cost: this definition was repealed, as from 25 January 2005, by section 5(5) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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

    Crown or Her Majesty: this definition was substituted, as from 21 December 1992, by section 3(5) Public Finance Amendment Act 1992 (1992 No 142).

    Crown or Her Majesty: this definition was amended, as from 25 January 2005, by section 5(6)(a) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words the Sovereign for the words Her Majesty in the first place where they appear. See sections 32 to 36 of that Act as to the transitional provisions.

    Crown or Her Majesty: paragraph (a) of this definition was amended, as from 25 January 2005, by section 5(6)(b) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words the Sovereign for the words Her Majesty the Queen. See sections 32 to 36 of that Act as to the transitional provisions.

    Crown agency

    [Repealed]

    Crown agency: this definition was repealed, as from 21 December 1992, by section 3(6) Public Finance Amendment Act 1992 (1992 No 142).

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

    Crown Bank Account: this definition was substituted, as from 25 January 2005, by section 5(7) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Crown entity: this definition in the original section 2 was inserted, as from 21 December 1992, by section 3(7) Public Finance Amendment Act 1992 (1992 No 142).

    Crown entity: this definition was substituted, as from 25 January 2005, by section 5(8) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Crown entity group

    [Repealed]

    Crown entity group: this definition was repealed, as from 25 January 2005, by section 5(8) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    department

    • (a) means—

      • (i) a department or instrument of the Government or any branch or division of the Government; or

      • (ii) the Office of the Clerk of the House of Representatives; or

      • (iii) 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.

    Department: this definition in the original section 2 was amended, as from 22 June 1990, by section 23(1) State Insurance Act 1990 (1990 No 36) by substituting the words or the Public Trust Office for the words the Public Trust office, or the State Insurance office.

    Department: this definition in the original section 2 was amended, as from 28 June 1990 by section 11(1) Export Guarantee Amendment Act (No 2) 1990 (1990 No 81) by inserting the words or the Export Guarantee Office.

    Department: this definition was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by omitting the words or the Public Trust Office,. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

    department: this definition was substituted, as from 25 January 2005, by section 5(9) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Departmental Bank Account: this definition was substituted, as from 25 January 2005, by section 5(10) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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 transaction means—

    • (a) a transaction that is a rate swap transaction, swap option, basis swap, forward rate transaction, interest rate option, foreign exchange transaction, cap transaction, floor transaction, collar transaction, currency swap transaction, cross-currency rate swap transaction, currency option, commodity swap, commodity option, equity or equity index swap, equity or equity index option, bond option, credit protection transaction, credit swap, credit default swap, credit default option, total return swap, credit spread transaction, forward purchase or sale of a security, or commodity or other financial instrument or interest (including an agreement or option that relates to any of these transactions); or

    • (b) a transaction that is similar to any transaction referred to in paragraph (a) that—

      • (i) is currently, or in the future becomes, recurrently entered into in the financial markets; and

      • (ii) is a forward, swap, future, option, or other derivative on 1 or more rates, currencies, commodities, equity securities or other equity instruments, debt securities or other debt instruments, economic indices or measures of economic risk or value, environmental or climatic variable, or other benchmarks against which payments or deliveries are to be made.

    derivative transaction: this definition was inserted, as from 25 January 2005, by section 5(11) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Estimates means a statement in any form that—

    • (a) describes and supports the appropriations being sought in the first Appropriation Bill that relates to a financial year; and

    • (b) contains the information referred to in section 14.

    Estimates: this definition in the original section 2 was amended, as from 21 December 1992, by section 3(8) Public Finance Amendment Act 1992 (1992 No 142) by substituting the word expenses for the word costs.

    Estimates: this definition was substituted, as from 25 January 2005, by section 5(12) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Expenses: this definition in the original section 2 was inserted, as from 21 December 1992, by section 3(9) Public Finance Amendment Act 1992 (1992 No 142).

    Financial year means a period of 12 months commencing on the 1st day of July and ending with the 30th day of 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.

    forecast financial statements: this definition was inserted, as from 25 January 2005, by section 5(13) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Generally accepted accounting practice means—

    • (a) Approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) so far as those standards apply to the Crown or the department or the Office of Parliament or the Crown entity, as the case may be:

    • (b) In relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) and which are not subject to any applicable rule of law, accounting policies that—

      • (i) Are appropriate in relation to the Crown or the department or the Office of Parliament or the Crown entity, as the case may be; and

      • (ii) Have authoritative support within the accounting profession in New Zealand:

    Generally accepted accounting practice: this definition in the original section 2 was repealed, as from 1 July 1994, by section 48(1) Financial Reporting Act 1993 (1993 No 106).

    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

    Government reporting entity: this definition was inserted, as from 25 January 2005, by section 5(14) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    impact means the contribution made to an outcome by a specified set of outputs, or actions, or both

    impact: this definition was inserted, as from 25 January 2005, by section 5(14) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    intelligence and security department means—

    • (a) the New Zealand Security Intelligence Service; or

    • (b) the Government Communications Security Bureau.

    intelligence and security department: this definition was inserted, as from 25 January 2005, by section 5(14) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    liability: this definition was substituted, as from 25 January 2005, by section 5(15) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    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

    Minister: this definition was substituted, as from 25 June 1997, by section 2 Treasurer (Statutory References) Act 1997 (1997 No 20).

    Mode B

    [Repealed]

    Mode B: this definition in the original section 2 was amended, as from 21 December 1992, by section 3(13) Public Finance Amendment Act 1992 (1992 No 142) by inserting para (aa).

    Mode B: paragraph (c) of this definition, in the original section 2, was substituted, as from 1 July 1994, by section 3(14) Public Finance Amendment Act 1992 (1992 No 142).

    Mode B: this definition was repealed, as from 25 January 2005, by section 5(16) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Mode C

    [Repealed]

    Mode C the original definition was amended, as from 21 December 1992, by section 3(15) Public Finance Amendment Act 1992 (1992 No 142) by inserting paragraph (aa).

    Mode C: this definition in the original section 2 was amended, as from 21 December 1992, by section 3(16) Public Finance Amendment Act 1992 (1992 No 142) by substituting paragraph (c).

    Mode C: this definition was repealed, as from 25 January 2005, by section 5(16) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    multi-class output expense appropriation has the meaning given to it by section 7(3)(b).

    multi-class output expense appropriation: this definition was inserted, as from 25 January 2005, by section 5(17) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    Office of Parliament: this definition in the original section 2 was substituted, as from 1 July 1993, by section 129(1) Privacy Act 1993 (1993 No 28).

    Office of Parliament: this definition was amended, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10) by substituting the words Auditor-General as defined in section 4 of the Public Audit Act 2001 for the words Audit Office (including the Audit Department).

    Office of Parliament: this definition was amended, as from 25 January 2005, by section 5(18) Public Finance Amendment Act 2004 (2004 No 113) by omitting the words as defined in section 4 of the Public Audit Act 2001. See sections 32 to 36 of that Act as to the transitional provisions.

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

    Operating surplus: this definition in the original section 2 was substituted, as from 21 December 1992, by section 3(17) Public Finance Amendment Act 1992 (1992 No 142).

    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 other unrequited expenses; or

    • (c) borrowing expenses.

    Other expenses: this definition was substituted, as from 25 January 2005, by section 5(19) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    outcome

    • (a) means a state or condition of society, the economy, or the environment; and

    • (b) includes a change in that state or condition

    outcome: this definition was substituted, as from 25 January 2005, by section 5(20) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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

    output expenses: this definition was inserted, as from 25 January 2005, by section 5(20) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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

    outputs: this definition was substituted, as from 25 January 2005, by section 5(20) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

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

    principles of responsible fiscal management: this definition was inserted, as from 25 January 2005, by section 5(20) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Public money means all money received by 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 or money received and held by Crown entities

    Public money: this definition in the original section 2 was amended, as from 21 December 1992, by section 3(22) Public Finance Amendment Act 1992 (1992 No 142) by substituting the words Crown entity for the words Crown agency.

    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

    Public security: this definition was amended, as from 25 January 2005, by section 5(21) Public Finance Amendment Act 2004 (2004 No 113) by substituting the expression section 63 for the words section 53 of this Act. See sections 32 to 36 of that Act as to the transitional provisions.

    Purchased

    [Repealed]

    Purchased: this definition was inserted, as from 7 May 1999, by section 2 Public Finance Amendment Act 1999 (1999 No 45).

    Purchased: this definition was repealed, as from 25 January 2005, by section 5(22) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Raising a loan

    [Repealed]

    Raising a loan: this definition in the original section 2 was substituted, as from 21 December 1992, by section 3(23) Public Finance Amendment Act 1992 (1992 No 142).

    Raising a loan: this definition was repealed, as from 25 January 2005, by section 5(22) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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.

    remeasurements: this definition was inserted, as from 25 January 2005, by section 5(23) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Responsible Minister means,—

    • (a) In relation to a department, the Minister or Ministers for the time being responsible for the financial performance of the department:

    • (b) in relation to an organisation named or described in Schedule 4, the Minister or Ministers for the time being responsible for the financial performance of that organisation:

    • (c) 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.

    • (d) [Repealed]

    Responsible Minister: this definition in the original section 2 was substituted, as from 21 December 1992, by section 3(24) Public Finance Amendment Act 1992 (1992 No 142).

    Responsible Minister: paragraphs (b) and (c) of this definition were substituted, as from 25 January 2005, by section 5(24) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Responsible Minister: paragraph (d) of this definition was repealed, as from 25 January 2005, by section 5(24) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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 sections 158 and 158A of the Companies Act 1955 or sections 5 and 6 of the Companies Act 1993, as the case may require

    Subsidiary: this definition in the original section 2 was inserted, as from 21 December 1992, by section 3(25) Public Finance Amendment Act 1992 (1992 No 142).

    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.

    Supplementary Estimates: this definition was substituted, as from 25 January 2005, by section 5(25) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Trading revenue

    [Repealed]

    Trading revenue: this definition was repealed, as from 25 January 2005, by section 5(26) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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 of this Act

    Trust Bank Account means a Trust Bank Account established under Part 7 of this Act

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

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

    type: this definition was inserted, as from 25 January 2005, by section 5(27) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    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.

    Vote: this definition in the original section 2 was amended, as from 21 December 1992, by section 3(26) of the Public Finance Amendment Act 1992 (1992 No 142) by omitting from paragraph (a) the words or programmes.

    Vote: this definition was substituted, as from 25 January 2005, by section 5(28) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    working day means any day except—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, Waitangi Day; and

    • (b) the day observed as anniversary day in Wellington; and

    • (c) a day in the period commencing on 25 December in 1 year and ending on 15 January in the next year.

    working day: this definition was inserted, as from 25 January 2005, by section 5(29) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    (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.

    Compare: 1977 No 65 s 2(1)

    Expenses of the Crown: this definition in the original section 2 was inserted, as from 21 December 1992, by section 3(9) Public Finance Amendment Act 1992 (1992 No 142).

    Grant: this definition in the original section 2 was repealed, as from 1 July 1994, by section 3(10) Public Finance Amendment Act 1992 (1992 No 142).

    Mode A: paragraph (a) of this definition in the original section 2 was amended, as from 21 December 1992, by section 3(11) Public Finance Amendment Act 1992 (1992 No 142) by omitting the words or a programme.

    Mode A: paragraph (c) of this definition in the original section 2 was substituted, as from 1 July 1994, by section 3(12) Public Finance Amendment Act 1992 (1992 No 142).

    Other expense: this definition in the original section 2 was inserted, as from 21 December 1992, by section 3(18) Public Finance Amendment Act 1992 (1992 No 142).

    Outputs this definition in the original section 2 was amended, as from 21 December 1992, by section 3(19) Public Finance Amendment Act 1992 (1992 No 142) by substituting the words Crown entity for the words Crown agency.

    Payment on behalf of the Crown: this definition in the original section 2 was inserted, as from 1 July 1994, by section 3(20) Public Finance Amendment Act 1992 (1992 No 142).

    Programme: this definition in the original section 2 was repealed, as from 21 December 1992, by section 3(21) Public Finance Amendment Act 1992 (1992 No 142).

    Subsections (1A) and (1B) were inserted, as from 21 December 1992, by section 3(27) Public Finance Amendment Act 1992 (1992 No 142).

    Section 2 was substituted, as from 1 July 1994, by section 3(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsections (2) to (4) were repealed, as from 25 January 2005, by section 5(30) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

3 Act to bind Crown
  • This Act shall bind the Crown.

    Compare: 1977 No 65 s 3

3A Power to amend Schedule 4
  • (1) The Governor-General may, by Order in Council, amend Schedule 4

    • (a) to add to column 1 any of the following:

      • (i) the name of any body established by or under an Act:

      • (ii) the name of any statutory office (except an Office of Parliament) or statutory officer established by or under an Act:

      • (iii) the name of any trust that is created by the Crown by deed of trust or in respect of which the Crown has appointed, or has power to appoint, a majority of the trustees:

      • (iv) subject to subsection (2), the name of any company:

    • (c) to omit from column 1 any of the following (and to omit from column 2 any provision of the Crown Entities Act 2004 that applies to it):

      • (i) the name of any body, officer, trust, or company in recognition of its dissolution or removal from the register under the Companies Act 1993:

      • (ii) the name of any company subject to subsection (3):

      • (iii) the name of any trust in respect of which the Crown ceases to have the power to appoint a majority of the trustees:

    • (d) to substitute, in column 1, the name of any body, officer, trust, or company in recognition of a change in its name:

    • (e) to omit from column 2 the application of any provision of the Crown Entities Act 2004 to any 1 or more organisations named in column 1.

    (2) An Order in Council may be made under subsection (1)(a)(iv) only if the Governor-General in Council is satisfied, at the time of the making of the Order in Council, that more than 50% of the issued ordinary shares in the capital of the company to which the order relates are held by Ministers of the Crown on behalf of the Crown.

    (3) An Order in Council may be made under subsection (1)(c)(ii) only if the Governor-General in Council is satisfied, at the time of the making of the Order in Council, that at least 50% of the issued ordinary shares in the capital of the company to which the order relates are no longer held by Ministers of the Crown on behalf of the Crown.

    Section 3A was inserted, as from 21 December 1992, by section 4 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1)(a)(i) was substituted, as from 1 July 1994, by section 4 Public Finance Amendment Act 1994 (1994 No 18).

    Section 3A was substituted, as from 25 January 2005, by section 6 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

3AA Meaning of generally accepted accounting practice
  • [Repealed]

    Section 3AA was inserted, as from 1 July 1994, by section 48(2) Financial Reporting Act 1993 (1993 No 106), and repealed, as from 1 July 1994, by section 3(2)(a) Public Finance Amendment Act 1994 (1994 No 18).

Part 1
Appropriations

Requirement for appropriations

  • 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). The heading to the previous Part 1 read Appropriations. See sections 32 to 36 of that Act as to the transitional provisions.

4 Expenses or capital expenditure must not be incurred unless in accordance with appropriation or statutory authority
  • (1) The Crown or an Office of Parliament must not incur expenses or capital expenditure, except as expressly authorised by an appropriation, or other authority, by or under an Act.

    (2) In this section, expense does not include an expense that results from—

    • (a) a remeasurement of an asset or a liability; or

    • (b) an operating loss incurred by—

      • (ii) an organisation named or described in Schedule 4; or

      • (iv) the Reserve Bank of New Zealand; or

      • (v) any other entity whose financial statements must be consolidated into the financial statements of the Government to comply with generally accepted accounting practice.

    Subsections (2) and (3) were substituted, as from 21 December 1992, by section 5(1) Public Finance Amendment Act 1992 (1992 No 142).

    Subsections (4) to (6) were amended, as from 21 December 1992, by section 5(2) Public Finance Amendment Act 1992 (1992 No 142) by substituting the word expenses for the word costs wherever it occurs.

    Section 4 was substituted, as from 1 July 1994, by section 5 Public Finance Amendment Act 1994 (1994 No 18).

    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.

5 Public money must not be spent unless in accordance with statutory authority
  • The Crown or an Office of Parliament must not spend public money, except as expressly authorised by or under an Act (including this Act).

    Section 5 was substituted, as from 21 December 1992, by section 6 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1) was substituted, as from 1 July 1994, by section 6 Public Finance Amendment Act 1994 (1994 No 18).

    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.

6 Authority to spend public money
  • Public money may be spent, without further authority than this section, for the purpose of—

    • (a) meeting expenses or capital expenditure incurred in accordance with an appropriation or other authority by or under an Act; and

    • (b) the payment of goods and services tax in relation to those expenses or capital expenditure; and

    • (c) the repayment of debt of the Crown or an Office of Parliament; and

    • (d) the settlement of liabilities of the Crown or an Office of Parliament.

    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.

7 Separate appropriation required for types of expenses and capital expenditure
  • (1) A separate appropriation must be made for—

    • (a) each category of output expenses; and

    • (b) each category of benefits or other unrequited expenses; and

    • (c) each category of borrowing expenses; and

    • (d) each category of other expenses; and

    • (e) each category of capital expenditure; and

    • (f) expenses and capital expenditure to be incurred by each intelligence and security department.

    (2) All expenses or capital expenditure to be incurred in any financial year must be allocated to 1 of the types of appropriation set out in subsection (1) within a Vote specified in an Appropriation Act.

    (3) An output expense appropriation referred to in subsection (1)(a) must consist of—

    • (a) a class of outputs to be supplied—

      • (i) by a department; or

      • (ii) to or on behalf of the Crown (other than by a department); or

    • (b) if the Minister approves, more than 1 class of outputs (a multi-class output expense appropriation) to be supplied—

      • (i) by a department; or

      • (ii) to or on behalf of the Crown (other than by a department).

    (4) However, if subsection (3)(b) applies, the Estimates or other supporting information that must be presented with the Appropriation Bill in which the multi-class output expense appropriation is sought must,—

    • (a) to the extent required by section 14 or, as the case may be, section 15, relate to each class of outputs in that appropriation; and

    • (b) explain why those classes of outputs have been grouped under that 1 appropriation.

    Section 7 was substituted, as from 21 December 1992, by section 7(1) Public Finance Amendment Act 1992 (1992 No 142).

    Section 7 was further substituted, as from 1 July 1994, by section 7(1) Public Finance Amendment Act 1994 (1994 No 18).

    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.

8 Appropriation limited by amount
  • The authority to incur expenses or capital expenditure provided by an appropriation under an Appropriation Act—

    • (a) is limited to the amount specified for the appropriation by or under that Act; and

    Section 8 was amended, as from 21 December 1992, by section 8 Public Finance Amendment Act 1992 (1992 No 142) by substituting the word expense for the word cost.

    Section 8 was substituted, as from 1 July 1994, by section 8 Public Finance Amendment Act 1994 (1994 No 18).

    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.

9 Appropriation limited by scope
  • (1) The authority to incur expenses or capital expenditure provided by an appropriation—

    • (a) is limited to the scope of the appropriation; and

    • (b) may not be used for any other purpose.

    (2) For the purposes of subsection (1),—

    • (a) the scope of a multi-class output expense appropriation is the scope of each of the individual classes of outputs included in that appropriation; and

    • (b) any variation made by the Minister of the terms and conditions of a capital injection to any entity referred to in section 27(3)(a) to (f) does not change the scope or purpose of that capital injection.

    Subsections (1) and (2) were substituted and subsection (2A) was inserted, as from 1 July 1994, by section 9(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsections (2)(d) to (g) were substituted, as from 21 December 1992, for the original paras (d), (e), (f) and (g), by section 9(1) Public Finance Amendment Act 1992 (1992 No 142).

    In subsection (2)(g) the words category of benefit and each grant were substituted, as from 21 December 1992, for the word payment, and the word they for the word it pursuant to section 9(5) of the same amendment Act.

    Subsection (2A) was inserted, as from 1 July 1994, by section 9(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (2A)(o) and (2A)(p) were inserted, as from 1 July 1994, by section 9(2) Public Finance Amendment Act 1994 (1994 No 18). See also section 9(6) of that Act relating to estimates.

    Subsection (3) was repealed, as from 1 July 1994, by section 9(3) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (4) was inserted, as from 1 July 1994, by section 9(4) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (5) was amended, as from 21 December 1992, by section 9(3) of 1992 No 142 by substituting the word expenses for the word costs.

    Subsections (5) to (7) were repealed, as from 1 July 1994, by section 9(4) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (7) was inserted, as from 21 December 1992, by section 9(4) of 1992 No 142.

    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.

9A Supplementary Estimates
  • [Repealed]

    Section 9A was inserted, as from 21 December 1992, by section 10 Public Finance Amendment Act 1992 (1992 No 142).

    Section 9A was substituted, and section 9B was inserted, as from 1 July 1994, by section 10(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (2)(a) was amended, as from 1 July 1994, by section 11(1)(a) Public Finance Amendment Act 1994 (1994 No 18) by substituting the expression (n), (o), and (p) for the expression and (n). It was further amended by section 11(1)(b) Public Finance Amendment Act 1994 (1994 No 18) by omitting the words and in paragraph (c) of section (9) of this Act.

    Subsection (2)(b) was amended, as from 1 July 1994, by section 11(1)(c) Public Finance Amendment Act 1994 (1994 No 18) by omitting the words or under paragraph (c) of section 9(3) of this Act. See also section 11(2) of that Act relating to supplementary estimates.

    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.

10 Appropriation limited by period
  • (1) The authority to incur expenses or capital expenditure provided by an appropriation under an Appropriation Act lapses at the end of the financial year to which the Act relates.

    (2) However, if an Appropriation Act provides that the authority to incur expenses or capital expenditure applies for more than 1 financial year, that authority—

    • (a) lapses at the end of the period specified in the Act; and

    • (b) continues in force until the end of the period specified despite the repeal of the Act, unless the authority is expressly varied, revoked, or replaced by an authority in another Appropriation Act.

    (3) Despite subsection (2), the authority to incur expenses or capital expenditure must not apply for more than 5 financial years.

    Section 10 was substituted, as from 21 December 1992, by section 11 Public Finance Amendment Act 1992 (1992 No 142).

    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.

11 Expenses or payments authorised other than by Appropriation Act
  • (1) If an Act (other than an Appropriation Act) expressly provides for payments to be appropriated by or under that Act, any expense or capital expenditure incurred that gives rise to the need for those payments may be incurred without further appropriation than this section.

    (2) Each expense or capital expenditure incurred in accordance with an appropriation by or under an Act (other than an Appropriation Act) must be managed and accounted for in the same manner as expenses or capital expenditure incurred in accordance with an Appropriation Act.

    Section 11 was substituted, as from 21 December 1992, by section 12 Public Finance Amendment Act 1992 (1992 No 142).

    Section 11 was further substituted, as from 1 July 1994, by section 12 Public Finance Amendment Act 1994 (1994 No 18).

    The words statement of financial position in the section heading were substituted, as from 1 October 1997, for the words balance sheet pursuant to section 6(1) Financial Reporting Amendment Act 1997 (1997 No 17).

    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.

12 Timing of first Appropriation Bill for financial year
  • Except as otherwise provided by a resolution of the House of Representatives, the first Appropriation Bill that relates to a financial year must be introduced into the House of Representatives before the end of the first month after the start of that financial year.

    Section 12 was substituted, as from 21 December 1992, by section 13 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1)(a)(iii) was amended, as from 21 December 1992, pursuant to section 13(2) Public Finance Amendment Act 1992 (1992 No 142) by substituting the words Grants and benefits for the words Payments on behalf of the Crown.

    Section 12 was substituted, as from 1 July 1994, by section 13 Public Finance Amendment Act 1994 (1994 No 18).

    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.

Information requirements for appropriations

13 Estimates and other supporting information must be presented with first Appropriation Bill
  • (1) The Minister must present to the House of Representatives the Estimates immediately after he or she has delivered the Budget.

    (2) The Minister must also present to the House of Representatives the other supporting information referred to in section 15 at the same time he or she presents the Estimates under subsection (1), unless that other supporting information is already contained in the Estimates.

    21 December 1992, by section 14 Public Finance Amendment Act 1992 (1992 No 142) by substituting the word expenses for the word costs.

    Subsection (1) was amended, as from 1 July 1994, by section 14(1) Public Finance Amendment Act 1994 (1994 No 18) by substituting the words expenses or liabilities for the word expenses.

    Subsection (1)(a) was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.

    Subsection (2) was amended, as from 1 July 1994, by section 14(1) Public Finance Amendment Act 1994 (1994 No 18) by substituting the words expenses or liabilities for the word expenses.

    Subsection (3) was substituted, as from 1 July 1994, by section 14(2) Public Finance Amendment Act 1994 (1994 No 18).

    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.

14 Content of Estimates
  • (1) The Estimates must state,—

    • (a) for each appropriation being sought in the first Appropriation Bill for a financial year,—

      • (i) the Vote to which the appropriation relates; and

      • (ii) the Minister responsible for the appropriation; and

      • (iii) the department that will administer the Vote containing the appropriation; and

      • (iv) the type of the appropriation (in terms of section 7); and

      • (v) the amount of each expense or capital expenditure authorised by the appropriation (in terms of section 8); and

      • (vi) the scope of the appropriation (in terms of section 9); and

      • (vii) the period of the appropriation, but only if the period is more than 1 financial year (in terms of section 10); and

    • (b) for each department, the Responsible Minister for the department; and

    • (c) for each department other than an intelligence and security department, the projected balance of net assets for the department at the end of the financial year (in terms of section 23(1)(c)).

    (2) The Minister may, in addition to the information referred to in this section, include in the Estimates any further information that the Minister considers necessary or desirable.

    Section 14 was substituted, as from 1 July 1994, by section 15 Public Finance Amendment Act 1994 (1994 No 18).

    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.

15 Other supporting information for first Appropriation Bill
  • (1) The other supporting information for the first Appropriation Bill must, for each appropriation, include—

    • (a) a concise explanation of each appropriation (including the intended impacts, outcomes, or objectives of the appropriation); and

    • (b) the performance measures and forecast standards to be achieved for each class of outputs; and

    • (c) the forecast expenses to be incurred for each class of outputs within a multi-class output expense appropriation; and

    • (d) comparative voted and estimated actual expenses or capital expenditure for each appropriation for the previous financial year.

    (2) The other supporting information must, for each Vote, include—

    • (a) comparative voted and estimated actual expenses or capital expenditure for the previous financial year, and comparative actual expenses or capital expenditure for each of the 4 financial years that preceded the previous financial year, for the total of each of the types of appropriation set out in section 7(1); and

    • (b) a summary of the financial activity relating to the Vote for the financial year to which the Appropriation Bill relates, and comparative budgeted and estimated actual figures for the previous financial year.

    (3) The other supporting information must also include, for each category of expense or capital expenditure that is proposed to be incurred in accordance with an appropriation by an Act (other than an Appropriation Act),—

    • (a) the information required, under subsection (1) and section 14 for each appropriation (except that the reference in section 14(1)(a)(v) to the amount of each expense or capital expenditure authorised by the appropriation must be read as a reference to the amount of each expense or capital expenditure forecast to be incurred under the appropriation); and

    • (b) the authority for that expense or capital expenditure.

    (4) The Minister may, in addition to the information referred to in this section, present any further information that the Minister considers necessary or desirable.

    (5) Subsections (1)(a) and (b) and (2)(b) do not apply to an appropriation made in accordance with section 7(1)(f).

    Sections 15 and 16 were substituted, as from 21 December 1992, by section 15 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1) was substituted, as from 1 July 1994, by section 16 Public Finance Amendment Act 1994 (1994 No 18).

    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.

16 Supplementary Estimates must be presented with Supplementary Appropriation Bill
  • The Minister must present to the House of Representatives the Supplementary Estimates on the day of the introduction of an Appropriation Bill that is other than—

    • (a) the first Appropriation Bill for a financial year; or

    • (b) an Appropriation Bill that deals only with matters that relate to a previous financial year.

    Sections 15 and 16 were substituted, as from 21 December 1992, by section 15 Public Finance Amendment Act 1992 (1992 No 142).

    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.

17 Content of Supplementary Estimates
  • (1) The Supplementary Estimates must,—

    • (a) if information about an appropriation or department was provided in the Estimates or previous Supplementary Estimates for the same financial year, state any changes to the information about that appropriation or department that—

      • (ii) is contained in those Estimates; or

    • (b) if information about an appropriation or department was not provided in the Estimates or previous Supplementary Estimates for the same financial year, state the information about that appropriation or department that is required under section 14.

    (2) If subsection (1)(b) applies, the Minister must also present the information about the appropriation that is required under section 15(1)(a) to (c).

    Subsection (1)(a) was amended, as from 1 July 1994, by section 17(1) Public Finance Amendment Act 1994 (1994 No 18) by substituting the word expenses for the word expenditure.

    Subsection (2) was substituted, as from 1 July 1994, by section 17(2) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (4) was amended, as from 1 July 1994, by section 17(3) Public Finance Amendment Act 1994 (1994 No 18) by substituting the expression section 9(2A)(f), (g), (h), (k), and (l) for the expression section 9(2)(g) and (i).

    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.

18 Minister must consult on proposal to change format or content of information presented with Appropriation Bills
  • (1) This section applies if the Minister proposes to significantly change the format or content of—

    • (a) the Estimates; or

    • (b) the other supporting information referred to in section 15; or

    • (c) the Supplementary Estimates.

    (2) Before giving effect to the proposal, the Minister must—

    • (a) submit the proposal to the Speaker (who must then present it to the House of Representatives); and

    • (b) consider any comments that he or she receives from—

      • (i) the Speaker; or

      • (ii) any committee of the House of Representatives that considered the proposal.

    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.

19 Power of Secretary to obtain information
  • (1) The Secretary may request a department or an entity referred to in section 27(3)(a) to (f), or an entity that manages an asset or liability of the Crown, to supply to the Secretary any information that is necessary to enable the preparation of—

    • (a) the Estimates; and

    • (b) the other supporting information referred to in section 15; and

    • (c) the Supplementary Estimates.

    (2) A request under subsection (1)

    • (a) must be in writing; and

    • (b) may state the date by which, and the manner in which, the information requested must be provided.

    (3) If a date is specified under subsection (2)(b), that date must be reasonable having regard to the time limits prescribed by this Act for presenting to the House of Representatives—

    • (a) the Estimates or other supporting information referred to in section 15; and

    • (b) the Supplementary Estimates.

    (4) A department or entity to whom the request is made must comply with the request.

    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.

Other provisions relating to appropriations

20 Departments may incur output expenses for, or on behalf of, other departments
  • (1) This section applies if an output is supplied by a department (A) for, or on behalf of, another department (B) in accordance with an agreement between A and B.

    (2) Output expenses may be incurred by A, without further appropriation than this section, up to the amount of revenue earned from B.

    (3) However, A must return to B any revenue earned by the supply of the output that is not utilised toward the costs of the output.

    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.

21 Expenses restricted by revenue
  • (1) If a class of outputs is supplied by a department, output expenses may be incurred, without further appropriation than this section, up to the amount of revenue expected to be earned by that class of outputs from parties other than the Crown.

    (2) However, subsection (1) applies only if—

    • (a) the appropriation is limited to 1 class of outputs; and

    • (b) the appropriation to which the output expenses are to be charged is specified in an Appropriation Act for that year as being supplied under this section; and

    • (c) the approval of the Minister for the output expenses to be incurred under this section has been given.

    (3) Despite subsections (1) and (2), the Minister may direct that only part of the output expenses may be incurred to a level less than the amount of the revenue earned from parties other than the Crown.

    (4) This section does not authorise output expenses to be incurred, in respect of any class of outputs, that exceed the actual amount of revenue earned by that class of outputs from parties other than the Crown in any year.

    (5) In this section, a reference to the amount of revenue earned by a class of outputs from parties other than the Crown may include a reference to the amount of revenue earned by a class of outputs from another department.

    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.

22 Operating surplus of department
  • (1) Except as agreed between the Minister and the Responsible Minister for a department, the department must not retain any operating surplus that results from its activities.

    (2) The reported net asset holding of a department may increase as a result of a remeasurement without further authority than this section.

    (3) The amount of net asset holding in a department must not exceed the most recent projected balance of net assets for that department at the end of the financial year, as set out in an Appropriation Act in accordance with section 23(1)(c).

    (4) Subsection (3) is subject to subsections (1) and (2).

    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.

23 Net assets of departments must be confirmed
  • (1) Each Appropriation Bill that is introduced before the end of the financial year to which the Bill relates must include a schedule that shows for each department (other than an intelligence and security department)—

    • (a) either of the following:

      • (i) the most recently audited amount of net assets; or

      • (ii) the most recently projected amount of net assets at the start of that financial year to which the appropriations sought in that Bill apply; and

    • (b) projected movements in net assets during that financial year; and

    • (c) the projected balance of net assets at the end of that financial year.

    (2) The projected movements in net assets referred to in subsection (1)(b) must include as separate items—

    • (a) any projected capital injections and withdrawals; and

    • (b) any surpluses projected to be retained in accordance with section 22(1).

    Subsection (1) was amended, as from 1 July 1994, by section 18 Public Finance Amendment Act 1994 (1994 No 18) by inserting the words , without further appropriation than 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.

24 Movements within departmental statement of financial position
  • (1) A department may, without further appropriation than this section, use the proceeds of the sale or disposal of any of its assets, together with any working capital held by it, to purchase or develop assets.

    (2) A department may, without further authority than this section, use the proceeds of the sale or disposal of its assets, together with any working capital held by it, to pay its liabilities.

    Sections 24 and 25 were substituted, as from 21 December 1992, by section 16 Public Finance Amendment Act 1992 (1992 No 142).

    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.

25 Expenses or capital expenditure may be incurred in emergencies
  • (1) This section applies if—

    • (b) a situation occurs that affects the public health or safety of New Zealand or any part of New Zealand that the Government declares to be an emergency.

    (2) The Minister may approve expenses or capital expenditure to be incurred to meet the emergency or disaster and, whether or not there is an appropriation by Parliament available for the purpose and despite sections 4, 8, and 9, the expenses or capital expenditure may be incurred accordingly.

    (3) If expenses or capital expenditure that have not been appropriated are incurred under subsection (2), the Minister must publish a notice in the Gazette, stating that the expenses or capital expenditure have been so incurred.

    (4) Public money may be spent, without further authority than this section, for the purpose of meeting expenses or capital expenditure incurred in accordance with subsection (2) that have not been appropriated.

    (5) A statement about any expenses and capital expenditure incurred under this section in any financial year that have not been appropriated must be included in—

    • (a) the annual financial statements of the Government; and

    • (b) an Appropriation Bill for confirmation by Parliament.

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

    Sections 24 and 25 were substituted, as from 21 December 1992, by section 16 Public Finance Amendment Act 1992 (1992 No 142).

    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.

26 Minister may determine terms and conditions of capital injections
  • (1) The Minister, after consultation with the Minister responsible for an entity, may—

    • (a) determine the terms and conditions under which any capital injection authorised by an appropriation under section 7(1)(e) or any other authority is to be made to that entity; and

    • (b) vary those terms and conditions at any time.

    (2) However, subsection (1)(b) does not apply in respect of a State enterprise named in the Schedule 1 of the State-Owned Enterprises Act 1986.

    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.

26A Transfer of resources between output expense appropriations
  • (1) The Governor-General may, by Order in Council, direct that an amount appropriated for an output expense appropriation in a Vote be transferred, without further appropriation than this section, to another output expense appropriation in that Vote if—

    • (a) the amount transferred does not increase that appropriation for a financial year by more than 5%; and

    • (b) no other transfer under this section to that appropriation has occurred during that financial year; and

    • (c) the total amount appropriated for that financial year for all output expense appropriations in that Vote is unaltered.

    (2) A clause that confirms the making of an Order in Council under subsection (1) in a financial year must be included in an Appropriation Bill that applies to that financial year.

    (3) Subsection (2) does not limit the validity of an Order in Council made under subsection (1) or the validity of any transfer made under that Order in Council.

    Section 26A was inserted, as from 1 July 1994, by section 19 Public Finance Amendment Act 1994 (1994 No 18).

    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.

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

    (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.

26C Expenses or capital expenditure incurred without appropriation or other authority requires validation by Parliament
  • (1) The incurring of any expenses or capital expenditure without appropriation, or other authority, by or under an Act is unlawful, unless it is validated by Parliament in an Appropriation Act.

    (2) The Minister must, on the introduction of any Appropriation Bill that seeks validation by Parliament of any expenses or capital expenditure incurred without appropriation, or other authority, by or under an Act, present to the House of Representatives a report that sets out—

    • (a) the amount of each category of expenses or capital expenditure so incurred; and

    • (b) the explanation of the Minister responsible for the expenses or capital expenditure.

    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.

26D Reporting requirements in relation to expenses or capital expenditure incurred in excess of, or without, appropriation
  • (1) This section applies to any expenses or capital expenditure—

    • (a) that has been incurred without appropriation; or

    • (b) that has been incurred in excess of an existing appropriation.

    (2) A statement that relates to any expenses or capital expenditure to which this section applies must be included in—

    • (a) the annual financial statements of the Government for the financial year; and

    • (b) the annual financial statements of the administering department for the financial year in accordance with section 45B(2)(d).

    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.

Application of this Part to Offices of Parliament

26E Application of this Part to Offices of Parliament
  • (1) Before an appropriation in a Vote administered by an Office of Parliament may be included in an Appropriation Bill for a financial year, the chief executive of the Office concerned must prepare and submit to the House of Representatives the following information:

    • (a) an estimate of expenses and capital expenditure to be incurred for—

      • (i) each proposed appropriation; and

      • (ii) each class of outputs within an appropriation; and

    • (b) the projected balance of net assets (in terms of section 23(1)(c)); and

    • (c) the revenue of the Office (including the revenue associated with each proposed expenses appropriation and each output class).

    (2) The House of Representatives, after considering the information provided under subsection (1), may for each Office of Parliament commend to the Governor-General, by way of an address, the estimates for each of the matters set out in subsection (1)(a) to (c).

    (3) The House of Representatives may, in that address, request that the estimates referred to in subsection (2) be included as a Vote in an Appropriation Bill for that year.

    (4) If that Vote is included in an Appropriation Bill for that year, this Part applies, with all necessary modifications, as if references to a department were references to an Office of Parliament.

    (5) An alteration to a Vote administered by an Office of Parliament during a financial year is subject to the provisions of 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.

Part 2
Fiscal responsibility

Preliminary

  • 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). The heading to the previous Part 2 read Banking and investment. See sections 32 to 36 of that Act as to the transitional provisions.

26F Interpretation
  • If the context requires, references in this Part to total debt, total operating expenses, total operating revenues, and total net worth are references to the total fiscal aggregates of the forecast financial statements prepared in accordance with section 26Q.

    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.

26G Principles of responsible fiscal management
  • (1) The Government must pursue its policy objectives in accordance with the following principles (the principles of responsible fiscal management):

    • (a) reducing total debt to prudent levels so as to provide a buffer against factors that may impact adversely on the level of total debt in the future by ensuring that, until those levels have been achieved, total operating expenses in each financial year are less than total operating revenues in the same financial year; and

    • (b) once prudent levels of total debt have been achieved, maintaining those levels by ensuring that, on average, over a reasonable period of time, total operating expenses do not exceed total operating revenues; and

    • (c) achieving and maintaining levels of total net worth that provide a buffer against factors that may impact adversely on total net worth in the future; and

    • (d) managing prudently the fiscal risks facing the Government; and

    • (e) pursuing policies that are consistent with a reasonable degree of predictability about the level and stability of tax rates for future years.

    (2) However, the Government may depart from the principles of responsible fiscal management if—

    • (a) the departure from those principles is temporary; and

    • (b) the Minister, in accordance with this Act, states—

      • (i) the reasons for the departure from those principles; and

      • (ii) the approach the Government intends to take to return to those principles; and

      • (iii) the period of time that the Government expects to take to return to those principles.

    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.

26H Generally accepted accounting practice
  • All financial statements and forecast financial statements included in reports and updates required under this Part must be prepared in accordance with generally accepted accounting practice.

    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.

Fiscal strategy report

26I Fiscal strategy report
  • (1) The Minister must, in each financial year and in accordance with subsection (2), present to the House of Representatives a report on the Government's fiscal strategy.

    (2) The Minister must present the fiscal strategy report immediately after he or she has delivered the Budget for the financial year to which the report relates.

    (3) Sections 26J to 26L set out the contents of the fiscal strategy report.

    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.

26J Contents of fiscal strategy report: long-term objectives
  • (1) The fiscal strategy report must—

    • (a) state the Government's long-term objectives for fiscal policy and, in particular, for the following variables:

      • (i) total operating expenses:

      • (ii) total operating revenues:

      • (iii) the balance between total operating expenses and total operating revenues:

      • (iv) the level of total debt:

      • (v) the level of total net worth; and

    • (b) explain how those long-term objectives accord with the principles of responsible fiscal management; and

    • (c) state the period to which those long-term objectives relate (which must be a period of 10 or more consecutive financial years commencing with the financial year to which the fiscal strategy report relates).

    (2) The fiscal strategy report must also—

    • (a) assess the consistency of the long-term objectives referred to in subsection (1)(a)

      • (i) with the long-term objectives in the most recent fiscal strategy report; or

      • (ii) if the long-term objectives in the most recent fiscal strategy report were amended in the budget policy statement most recently prepared under section 26M, with the long-term objectives stated in the statement; and

    • (b) if the long-term objectives referred to in subsection (1)(a) are not consistent with the long-term objectives in the most recent fiscal strategy report or in the budget policy statement most recently prepared under section 26M, justify the departure of the long-term objectives referred to in subsection (1)(a) from the long-term objectives in the most recent fiscal strategy report or in the statement.

    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.

26K Contents of fiscal strategy report: short-term intentions
  • (1) The fiscal strategy report must, for the financial year to which the report relates and at least the next 2 financial years, indicate explicitly, by the use of ranges, ratios, or other means, the Government's short-term intentions for each of the variables specified in section 26J(1)(a).

    (2) The fiscal strategy report must—

    • (a) assess the consistency of the short-term intentions referred to in subsection (1) with—

      • (i) the principles of responsible fiscal management; and

      • (ii) the long-term objectives referred to in section 26J(1)(a); and

    • (b) if those short-term intentions are not consistent with the principles of responsible fiscal management or with the long-term objectives referred to in section 26J(1)(a) or with both, state—

      • (i) the reasons for the departure of those short-term intentions from those principles or from those long-term objectives or from both; and

      • (ii) the approach the Government intends to take to ensure that those short-term intentions become consistent with those principles and those long-term objectives; and

      • (iii) the period of time that is expected to elapse before those short-term intentions become consistent with those principles and those long-term objectives.

    (3) The fiscal strategy report must also—

    • (a) assess the consistency of the short-term intentions referred to in subsection (1)

      • (i) with the short-term intentions indicated in the most recent fiscal strategy report; or

      • (ii) if the short-term intentions indicated in the most recent fiscal strategy report were amended in the budget policy statement most recently prepared under section 26M, with the short-term intentions indicated in the statement; and

    • (b) if the short-term intentions referred to in subsection (1) are not consistent with the short-term intentions in the most recent fiscal strategy report or in the budget policy statement most recently prepared under section 26M, justify the departure of the short-term intentions referred to in subsection (1) from the short-term intentions in the most recent fiscal strategy report or in the statement.

    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.

26L Contents of fiscal strategy report: other matters
  • (1) The fiscal strategy report must include—

    • (a) an assessment of the extent to which the economic and fiscal update prepared under section 26O(1) is consistent with the short-term intentions referred to in section 26K(1); and

    • (b) if the economic and fiscal update departs from those short-term intentions, an explanation of the reasons for the departure.

    (2) The fiscal strategy report must also include—

    • (a) scenarios that—

      • (i) contain projections of trends in the variables specified in section 26J(1)(a) (which projections must illustrate, for stated significant assumptions, likely future progress towards achieving the long-term objectives referred to in that section); and

      • (ii) explain the reasons for any significant differences from previous scenarios; and

    • (b) an assessment of the consistency of the scenarios with the long-term objectives referred to in section 26J(1)(a); and

    • (c) if the scenarios depart from the long-term objectives referred to in section 26J(1)(a), an explanation of the reasons for the departure.

    (3) The projections required by subsection (2)(a)(i) must relate to the period to which the long-term objectives referred to in section 26J(1)(a) relate (which must be a period of 10 or more consecutive financial years commencing with the financial year to which the fiscal strategy report relates).

    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.

Budget policy statement

26M Budget policy statement
  • (1) The Minister must present to the House of Representatives a budget policy statement—

    • (a) not later than 31 March in each financial year; or

    • (b) if Parliament is not in session on 31 March and a budget policy statement has not been presented in that financial year, as soon as possible after the commencement of the next session of Parliament.

    (2) The budget policy statement must, for the financial year commencing on 1 July after the statement is presented, state the broad strategic priorities by which the Government will be guided in preparing the Budget for that financial year, including—

    • (a) the overarching policy goals that will guide the Government's Budget decisions; and

    • (b) the policy areas that the Government will focus on in that year; and

    • (c) how the Budget for that year accords with the short-term intentions referred to in the most recent fiscal strategy report or the amended short-term intentions under subsection (3).

    (3) The budget policy statement must,—

    • (a) if the long-term objectives referred to in section 26J(1)(a) have changed from those stated in the most recent fiscal strategy report, indicate those amended long-term objectives and explain how they accord with the principles of responsible fiscal management; and

    • (b) if the short-term intentions referred to in section 26K(1) have changed from those indicated in the most recent fiscal strategy report, indicate those amended short-term intentions and explain how they accord with the principles of responsible fiscal management and the long-term objectives in the most recent fiscal strategy report or the amended long-term objectives under paragraph (a).

    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.

Statement on long-term fiscal position

26N Statement on long-term fiscal position
  • (1) Before the end of the second financial year after the commencement of this section and then at intervals not exceeding 4 years,—

    • (a) the Treasury must prepare a statement on the long-term fiscal position; and

    • (b) the Minister must present each statement to the House of Representatives.

    (2) The statement must—

    • (a) relate to a period of at least 40 consecutive financial years commencing with the financial year in which the statement is prepared; and

    • (b) be accompanied by—

      • (i) a statement of responsibility signed by the Secretary stating that the Treasury has, in preparing the statement under subsection (1), used its best professional judgments about the risks and the outlook; and

      • (ii) a statement of all significant assumptions underlying any projections included in the statement under subsection (1).

    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.

Economic and fiscal updates

26O Economic and fiscal update
  • (1) The Minister must, in accordance with subsection (2), present to the House of Representatives an economic and fiscal update prepared by the Treasury for each financial year.

    (2) The Minister must present the economic and fiscal update immediately after he or she has delivered the Budget for the financial year to which the update relates.

    (3) The update must—

    • (a) contain economic and fiscal forecasts that relate to—

      • (i) the financial year to which the update relates; and

      • (ii) each of the next 2 financial years; and

    • (b) contain a statement of tax policy changes in accordance with section 26R; and

    • (c) be accompanied by a statement of responsibility.

    (4) The update must state—

    • (a) the day on which the contents of the update were finalised; or

    • (b) the days on which the contents of different specified aspects of the update were finalised.

    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.

26P Economic forecasts
  • (1) The economic forecasts contained in the economic and fiscal update prepared under section 26O must, for each of the 3 financial years to which they relate, include forecasts of movements in New Zealand's—

    • (a) gross domestic product (including the major components of gross domestic product):

    • (b) consumer prices:

    • (c) unemployment and employment:

    • (d) current account position of the balance of payments.

    (2) The economic forecasts must also include a statement of all significant assumptions underlying the forecasts.

    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.

26Q Fiscal forecasts
  • (1) The fiscal forecasts contained in the economic and fiscal update prepared under section 26O must, for each of the 3 financial years to which they relate, include forecast financial statements.

    (2) In addition to the forecast financial statements required by subsection (1), the fiscal forecasts must include—

    • (a) a statement of borrowings that reflects the forecast borrowing activities for each of those financial years:

    • (b) any other statements that are necessary to fairly reflect—

      • (i) the forecast financial operations for each of those financial years; and

      • (ii) the forecast financial position at the end of each of those financial years.

    (3) The fiscal forecasts must also include—

    • (a) a statement of commitments from the most recent monthly financial statements of the Government that are required to be prepared under section 31A; and

    • (b) a statement of specific fiscal risks of the Government as at the day on which the forecast financial statements are finalised—

      • (i) that sets out specific fiscal risks that relate to—

        • (A) the Government decisions and other circumstances required by section 26U to be incorporated in the economic and fiscal update prepared under section 26O; and

        • (B) any other contingent liabilities (including any guarantees or indemnities given under any Act); and

      • (ii) that discloses the rules used to determine what is and is not a fiscal risk; and

    • (c) a statement of all significant accounting policies (including any changes from the accounting policies contained in the annual financial statements of the Government most recently presented to the House of Representatives or published under section 31); and

    • (d) in relation to each forecast financial statement required by subsections (1) and (2)(a) and, if appropriate, subsection (2)(b),—

      • (i) comparative budgeted and estimated actual figures for the financial year immediately before the first of the financial years to which the fiscal forecasts relate; and

      • (ii) comparative actual figures for the financial year that is 2 years before the first of the financial years to which the fiscal forecasts relate; and

    • (e) a statement of all significant assumptions underlying the fiscal forecasts; and

    • (f) a statement that shows the sensitivity of the fiscal aggregates to changes in economic conditions.

    (4) The fiscal forecasts must be for the same reporting entity as the annual financial statements of the Government to be prepared under section 27 for the first of the financial years to which the fiscal forecasts relate.

    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.

26R Annual statement of tax policy changes
  • (1) The statement of tax policy changes contained in the economic and fiscal update prepared under section 26O must set out—

    • (a) a summary and quantitative assessment of tax policy changes that have resulted in a material change to the tax revenue forecasts for the financial year to which the update relates and at least the next 2 financial years; and

    • (b) the basis for determining whether or not a particular tax policy change should be included in that summary.

    (2) In this section, tax policy change includes—

    • (a) a change in tax legislation that has been enacted since the most recent statement of tax policy changes prepared under this section; and

    • (b) a proposed change in tax legislation that has been approved by the Government (whether set out in a Bill that has been introduced into the House of Representatives or otherwise).

    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.

26S Half-year economic and fiscal update
  • (1) The Minister must, not earlier than 1 November nor later than 31 December in each financial year,—

    • (a) arrange to be published a half-year economic and fiscal update prepared by the Treasury; and

    • (b) present the update to the House of Representatives.

    (2) However, if a half-year economic and fiscal update has not been presented by 31 December in a financial year because Parliament has not been in session since the date that the update was published, the Minister must present the half-year economic and fiscal update as soon as possible after the next meeting of Parliament.

    (3) The half-year economic and fiscal update must—

    • (a) include the information required by sections 26O(3)(a) and (4), 26P, 26Q, and 26U to be included in the economic and fiscal update prepared under section 26O, except that—

      • (i) the reference to estimated actual figures in section 26Q(3)(d)(i) must be read as if it were a reference to actual figures; and

      • (ii) the actual figures required by section 26Q(3)(d)(ii) are not required; and

    • (b) be accompanied by a statement of responsibility.

    (4) However, the Minister is not required to arrange the publication of the half-year economic and fiscal update in any financial year if, in the period of that financial year beginning on 1 October and ending on 31 December, a pre-election economic and fiscal update—

    • (b) is required to be published under that 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.

26T Pre-election economic and fiscal update
  • (1) The Minister must, not earlier than 30 working days, nor later than 20 working days, before the day appointed as polling day in relation to any general election of members of the House of Representatives, arrange to be published a pre-election economic and fiscal update prepared by the Treasury.

    (2) The pre-election economic and fiscal update must,—

    • (a) except as provided in subsection (3), include the information required by sections 26O(3)(a) and (4), 26P, 26Q, and 26U to be included in the economic and fiscal update prepared under section 26O; and

    • (b) be accompanied by a statement of responsibility.

    (3) If, before the day on which a pre-election economic and fiscal update is required to be published under this section, the annual financial statements of the Government for the financial year immediately before the first of the financial years to which the fiscal forecasts relate have been presented to the House of Representatives or published under section 31,—

    • (a) the reference to estimated actual figures in section 26Q(3)(d)(i) must be read as if it were a reference to actual figures; and

    • (b) the actual figures required by section 26Q(3)(d)(ii) are not required.

    (4) If the day of the dissolution of Parliament is less than 30 working days before the day appointed as polling day in relation to the general election of members of the House of Representatives, the Minister must arrange for the pre-election economic and fiscal update required under this section to be published not later than 10 working days after the day of the dissolution of Parliament.

    (5) The Minister must, as soon as possible after the next meeting of Parliament, present to the House of Representatives a copy of the update published 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.

Disclosure requirements for economic and fiscal updates

26U Disclosure of policy decisions and other circumstances that may influence future fiscal situation
  • (1) An economic and fiscal update prepared under section 26O or section 26S or section 26T must incorporate, to the fullest extent possible that is consistent with section 26V, all Government decisions and all other circumstances that may have a material effect on the fiscal and economic outlook.

    (2) If the fiscal implications of Government decisions and other circumstances referred to in subsection (1) can be quantified for particular years with reasonable certainty by the day on which the forecast financial statements are finalised, the quantified fiscal implications of those Government decisions and other circumstances must be included in the forecast financial statements.

    (3) If the fiscal implications of Government decisions and other circumstances referred to in subsection (1) cannot be quantified for or assigned to particular years with reasonable certainty by the day on which the forecast financial statements are finalised, those Government decisions and other circumstances must be disclosed in the statement of specific fiscal risks of the Government required by section 26Q(3)(b).

    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.

26V Limits on disclosure requirements
  • Sections 26Q(2)(b) and 26U(1) do not apply to a decision, circumstance, or statement if the Minister, together with any other Minister designated for the purpose of this section, determines that—

    • (a) to incorporate that decision, circumstance, or statement in an economic and fiscal update is likely—

      • (i) to prejudice the substantial economic interests of New Zealand; or

      • (ii) to prejudice the security or defence of New Zealand or the international relations of the Government; or

      • (iii) to compromise the Government in a material way in negotiation, litigation, or commercial activity; or

      • (iv) to result in material loss of value to the Government; and

    • (b) there is no reasonable or prudent way the Government can avoid this prejudice, compromise, or material loss,—

      • (i) in the case of a circumstance, by making a decision before the day on which the forecast financial statements are finalised; or

      • (ii) in the case of a decision or circumstance, by incorporating in the update the fiscal implications of that decision or circumstance, or the nature of that decision or circumstance, but without reference to its fiscal implications; or

      • (iii) in the case of a statement, by incorporating that statement in the update.

    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.

Statement of responsibility

26W Requirements for statement of responsibility
  • (1) The statement of responsibility required by section 26O or section 26S or section 26T must be signed by—

    • (a) the Minister; and

    • (b) any other Minister designated for all or any of the purposes of subsection (2)(a) to (c); and

    • (c) the Secretary.

    (2) The statement of responsibility must comprise—

    • (a) a statement by the Minister, and any other Minister designated for the purpose of this paragraph, that the following matters have been communicated to the Secretary:

      • (i) all policy decisions with material economic or fiscal implications that the Government has made before the day on which the contents of an economic and fiscal update or of the relevant aspect of the update were finalised; and

      • (ii) all other circumstances with material economic or fiscal implications of which the Minister and that other Minister (if any) were aware before that day; and

    • (b) a statement by the Secretary that the Treasury has supplied to the Minister, and to any other Minister designated for the purpose of this paragraph, an economic and fiscal update—

      • (i) that incorporates the fiscal and economic implications of the decisions and circumstances referred to in paragraph (a); but

      • (ii) that does not incorporate any decisions, circumstances, or statements that the Minister and any other Minister designated for the purpose of section 26V have determined under that section should not be incorporated in that update; and

    • (c) a statement of the responsibility of the Minister, and of any other Minister designated for all or any of the purposes of this paragraph and paragraphs (a) and (b),—

      • (i) for the integrity of the disclosures contained in the update; and

      • (ii) for the consistency with the requirements of this Part of the information contained in the update; and

      • (iii) for the omission from the update under section 26V of any decision, circumstance, or statement.

    (3) The statement referred to in subsection (2)(b) must be accompanied by a statement that the economic and fiscal update has been prepared by the Treasury—

    • (a) using its best professional judgments; and

    • (b) on the basis of economic and fiscal information available to it before the day on which the contents of the update or the relevant aspect of the update were finalised.

    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.

Miscellaneous

26X Certain statements and updates may be published in advance of presentation to House of Representatives
  • The Minister may arrange for the following to be published in advance of their being presented to the House of Representatives:

    • (a) a budget policy statement under section 26M(1):

    • (b) a half-year economic and fiscal update under section 26S(1):

    • (c) a pre-election economic and fiscal update under section 26T(1).

    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.

26Y Notification and availability of reports, statements, or updates
  • (1) The Minister or, as the case may be, the Secretary must arrange to be published in the Gazette a notice about each of the following:

    • (a) a fiscal strategy report presented to the House of Representatives under section 26I(1):

    • (b) a budget policy statement presented to the House of Representatives under section 26M(1) or published under section 26X:

    • (c) a statement on the long-term fiscal position presented to the House of Representatives under section 26N(1):

    • (d) an economic and fiscal update presented to the House of Representatives under section 26O(1):

    • (e) a half-year economic and fiscal update presented to the House of Representatives under section 26S(1) or published under section 26X:

    • (f) a pre-election economic and fiscal update published under section 26T(1).

    (2) The notice must—

    • (a) indicate where copies of the report, statement, or update are available—

      • (i) for inspection by members of the public free of charge at the place where the notice indicated they would be available; and

      • (ii) for purchase by members of the public at the place where the notice indicated they would be available; and

    • (b) in the case of a statement or update referred to in section 26X, indicate whether the statement or update has been published in advance of being presented to the House of Representatives.

    (3) The Secretary must, for at least 6 months after the date of the publication of the notice, arrange for copies of the report, statement, or update referred to in that notice to be available—

    • (a) for inspection by members of the public free of charge; and

    • (b) for purchase by members of the public.

    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.

26Z Power of Secretary to obtain information
  • (1) The Secretary may request any department or any entity referred to in section 27(3)(a) to (f), or any entity that manages an asset or liability of the Government, to supply to the Secretary any information that is necessary to enable the preparation of any fiscal forecasts and projections referred to in sections 26L, 26N, 26O, 26Q, 26S, and 26T.

    (2) A request under subsection (1)

    • (a) must be in writing; and

    • (b) may state the date by which, and the manner in which, the information requested must be provided.

    (3) If a date is stated under subsection (2)(b), that date must be reasonable having regard to the time limits prescribed by this Act for presenting to the House of Representatives, or for publishing, the report or update for which the information is being requested.

    (4) A department or entity to whom the request is made must comply with the request.

    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.

Part 3
Reporting by Government reporting entity

  • The heading to Part 3 was substituted, as from 25 January 2005, by section 8 Public Finance Amendment Act 2004 (2004 No 113). The previous heading read Reporting by Crown. See sections 32 to 36 of that Act as to the transitional provisions.

27 Annual financial statements of Government
  • (1) The Treasury must, as soon as practicable after the end of each financial year, prepare annual consolidated financial statements for the Government reporting entity for that financial year.

    (2) The annual financial statements of the Government must—

    • (a) be prepared in accordance with generally accepted accounting practice; and

    • (b) include the forecast financial statements prepared under section 26Q, for comparison with the actual financial statements; and

    • (c) include, in addition to those financial statements required by generally accepted accounting practice,—

      • (i) a statement of borrowings that reflects the borrowing activities for that year, including budgeted figures for that year and comparative actual figures for the previous financial year:

      • (ii) a statement of unappropriated expenses and capital expenditure:

      • (iii) a statement of emergency expenses and capital expenditure incurred under section 25:

      • (iv) a statement of trust money administered by departments and Offices of Parliament:

      • (v) any additional information and explanations needed to fairly reflect the consolidated financial operations of the Government reporting entity for the financial year and its consolidated financial position at the end of that year.

    (3) The annual financial statements of the Government must include the Government reporting entity's interests in—

    • (b) all organisations named or described in Schedule 4:

    • (d) all Offices of Parliament:

    • (e) the Reserve Bank of New Zealand:

    • (f) any other entity whose financial statements must be consolidated into the financial statements of the Government reporting entity to comply with generally accepted accounting practice.

    Subsection (1) was amended, as from 21 December 1992, by section 17(1) Public Finance Amendment Act 1992 (1992 No 142) by omitting the word consolidated.

    Subsection (2)(e) was substituted, as from 21 December 1992, by section 17(2) and (4) Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (2)(f) was amended, as from 21 December 1992, by section 17(3) of the same Act by inserting the words or indemnities.

    Subsection (2)(g) and (h) were substituted, as from 21 December 1992, by section 17(2) and (4) Public Finance Amendment Act 1992 (1992 No 142).

    Subsections (2)(g) and (2)(h) were further substituted, as from 1 July 1994, by section 20(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (2)(l) was substituted, and subsection (2)(m) was inserted, as from 1 July 1994, by section 20(2) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (3) was substituted, as from 21 December 1992, by section 17(5) Public Finance Amendment Act 1992 (1992 No 142).

    Section 27 was substituted, as from 25 January 2005, by section 9 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

28 Half-year financial statements of the Crown
  • [Repealed]

    Section 28 was substituted, as from 21 December 1992, by section 18 Public Finance Amendment Act 1992 (1992 No 142).

    Section 28 was further substituted, as from 1 July 1994, by section 21(1) Public Finance Amendment Act 1994 (1994 No 18).

    Section 28 was repealed, as from 12 December 2000, by section 4 Public Finance Amendment Act 2000 (2000 No 78).

29 Responsibility for annual financial statements of Government
  • (1) Every annual financial statement shall be accompanied by a statement of responsibility signed by the Minister, any other Minister designated by the Prime Minister for either or both of the purposes of paragraphs (a) and (d) of subsection (2), and the Secretary.

    (2) The statement of responsibility shall comprise—

    • (a) A statement of the responsibility of the Minister, and of any other Minister designated by the Prime Minister for the purpose of this paragraph, for the integrity of the financial statements; and

    • (b) A statement of the Treasury's responsibility for establishing and maintaining a system of internal control designed to provide reasonable assurance that the transactions recorded are within statutory authority and properly record the use of all public financial resources by the Government reporting entity; and

    • (c) A statement by the Secretary that the Treasury has prepared the financial statements in accordance with generally accepted accounting practice; and

    • (d) a statement that, in the opinion of the Minister, and of any other Minister designated by the Prime Minister for the purpose of this paragraph, the financial statements fairly reflect the consolidated financial position and operations of the Government reporting entity for the reporting period.

    Section 29 was substituted, as from 1 July 1994, by section 22 Public Finance Amendment Act 1994 (1994 No 18).

    The heading to section 29 was amended, as from 25 January 2005, by section 10(1) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words annual financial statements of Government for the words financial statements of the Crown. See sections 32 to 36 of that Act as to the transitional provisions.

    Subsection (1) was substituted, as from 25 June 1997, by section 2 Treasurer (Statutory References) Act 1997 (1997 No 20).

    Subsection (1) was amended as from 12 December 2000, by section 5 Public Finance Amendment Act 2000 (2000 No 78), by omitting the words and half year.

    Subsection (2)(a) and (d) were substituted, as from 25 June 1997, by section 2 Treasurer (Statutory References) Act 1997 (1997 No 20).

    Subsection (2)(b) was amended, as from 25 January 2005, by section 10(2) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words Government reporting entity for the word Crown. See sections 32 to 36 of that Act as to the transitional provisions.

    Subsection (2)(d) was substituted, as from 25 January 2005, by section 10(3) Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

29A Power of Secretary to obtain information
  • (1) The Secretary may request any department or any entity referred to in section 27(3)(a) to (f), or any entity that manages an asset or liability of the Government reporting entity that is included in the annual financial statements referred to in section 27, to supply to the Secretary any information that is necessary to enable—

    • (a) the preparation of those financial statements and the monthly financial statements referred to in section 31A; or

    • (b) the Minister or the Secretary to meet their obligations under section 29.

    (2) A request under subsection (1)

    • (a) must be in writing; and

    • (b) may state the date by which, and the manner in which, the information requested must be provided.

    (3) If a date is stated under subsection (2)(b), that date must be reasonable having regard to the time limits prescribed by this Act for presenting to the House of Representatives, or for publishing, the annual or monthly financial statements of the Government.

    (4) A department or entity to whom the request is made must comply with the request.

    Section 29A was inserted, as from 21 December 1992, by section 19 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1)(a) was substituted, as from 1 July 1994, by section 23 Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (1) was amended as from 12 December 2000, by section 6(1) Public Finance Amendment Act 2000 (2000 No 78), by omitting the words or half-yearly.

    Subsection (1)(a) was amended as from 12 December 2000, by section 6(2) Public Finance Amendment Act 2000 (2000 No 78), by omitting the expression , 28.

    Subsection (1)(b) was substituted, as from 25 June 1997, by section 2 Treasurer (Statutory References) Act 1997 (1997 No 20).

    Section 29A was substituted, as from 25 January 2005, by section 11 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

29B Auditor-General to be auditor of Government reporting entity
  • For the purposes of this Act the Government reporting entity is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

    Section 29B was inserted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

    The heading to section 29B was amended, as from 25 January 2005, by section 12(1) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words Government reporting entity for the word Crown. See sections 32 to 36 of that Act as to the transitional provisions.

    Section 29B was amended, as from 25 January 2005, by section 12(2) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words Government reporting entity for the word Crown. See sections 32 to 36 of that Act as to the transitional provisions.

30 Audit report
  • (1) The Treasury must forward the annual financial statements of the Government to the Auditor-General not later than the end of the second month following the end of the financial year to which those statements relate.

    (2) The Auditor-General must—

    • (a) audit the annual financial statements of the Government; and

    • (b) provide an audit report on those statements to the Treasury within 30 days after receiving them.

    Subsection (1) was amended, as from 21 December 1992, by section 20 Public Finance Amendment Act 1992 (1992 No 142) by omitting the words or half-yearly at both places where they occurred.

    Subsection (2) was repealed, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

    Sections 30 to 31A were substituted, as from 25 January 2005, by section 13 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

31 Annual financial statements must be presented to House of Representatives
  • (1) The Treasury must forward the annual financial statements of the Government and the audit report to the Minister.

    (2) The Minister must present the annual financial statements and the audit report, together with the statement of responsibility, to the House of Representatives—

    • (a) not later than 10 working days after the Treasury receives the audit report; or

    • (b) if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

    (3) The Minister must arrange for the annual financial statements, the audit report, and the statement of responsibility to be published—

    • (a) as soon as practicable after they have been presented to the House of Representatives; but

    • (b) in any case, not later than 15 working days after the audit report is provided to the Treasury.

    Section 31 was substituted, as from 21 December 1992, by section 21 Public Finance Amendment Act 1992 (1992 No 142).

    Section 31 was further substituted, as from 1 July 1994, by section 24(1) Public Finance Amendment Act 1994 (1994 No 18).

    Section 31 was substituted as from 12 December 2000, by section 7 Public Finance Amendment Act 2000 (2000 No 78).

    Sections 30 to 31A were substituted, as from 25 January 2005, by section 13 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

31A Monthly financial statements of Government
  • (1) The Treasury must, as soon as practicable after the end of each month (except the first 2 months and the last month) in each financial year, prepare consolidated financial statements for the Government reporting entity for the period of the financial year to the end of the month concerned.

    (2) The monthly financial statements must—

    • (a) be prepared in accordance with generally accepted accounting practice; and

    • (b) include, in addition to those financial statements required by generally accepted accounting practice,—

      • (i) a statement of borrowings that reflects the borrowing activities for the period of the financial year to the end of the month concerned:

      • (ii) any additional information and explanations needed to fairly reflect the consolidated financial operations of the Government reporting entity for the period of the financial year to the end of the month concerned and the consolidated financial position at the end of that month:

      • (iii) in relation to the financial statements required by generally accepted accounting practice and the statement required by subparagraph (i),—

        • (A) budgeted figures for the period of the financial year to the end of the month concerned:

        • (B) comparative actual figures for the period of the previous financial year to the end of the corresponding month.

    (3) The monthly financial statements prepared under subsection (1) must be for the same Government reporting entity as the annual financial statements prepared under section 27 for the financial year to which the monthly financial statements relate.

    (4) The Minister must arrange for the monthly financial statements to be published not later than,—

    • (a) in the case of the financial statements to the end of November, the last day of January in the following year; and

    • (b) in the case of the financial statements to the end of December, the last day of February in the following year; and

    • (c) in any other case, 6 weeks after the end of the period to which they relate.

    Section 31A was inserted, as from 1 July 1994 by section 25 Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (1) was amended as from 12 December 2000, by section 8(1) Public Finance Amendment Act 2000 (2000 No 78), by inserting the word December after the word November.

    Subsection (4) was amended as from 12 December 2000, by section 8(2) Public Finance Amendment Act 2000 (2000 No 78), by substituting the words months of November and December for the words month of November.

    Subsections (6) and (7) were inserted as from 12 December 2000, by section 8(3) Public Finance Amendment Act 2000 (2000 No 78).

    Sections 30 to 31A were substituted, as from 25 January 2005, by section 13 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

31B Publication, inspection, and purchase of financial statements of Government reporting entity
  • (1) The Minister shall, in respect of the annual and monthly consolidated financial statements for the Government reporting entity required by sections 27 and 31A of this Act, arrange for publication in the Gazette of a notice—

    • (a) Indicating, where the financial statements are published in advance of or without being laid before the House of Representatives, that the financial statements have been published; and

    • (b) Showing where copies of the financial statements are available for inspection free of charge; and

    • (c) Showing where copies of the financial statements are available for purchase.

    (2) The Secretary shall, for at least 6 months after the date of the publication of the notice required by subsection (1) of this section, cause copies of the financial statements of the Government reporting entity referred to in that notice to be available—

    • (a) For inspection by members of the public free of charge; and

    • (b) For purchase by members of the public.

    Section 31B was inserted, as from 1 July 1994, by section 26 Public Finance Amendment Act 1994 (1994 No 18).

    The heading to section 31B was amended, as from 25 January 2005, by section 14(1) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words Government reporting entity for the words the Crown. See sections 32 to 36 of that Act as to the transitional provisions.

    Subsection (1) was amended, as from 12 December 2000, by section 9 Public Finance Amendment Act 2000 (2000 No 78) by omitting the word half year, and by omitting the expression , 28.

    Subsection (1) was amended, as from 25 January 2005, by section 14(2)(a) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words consolidated financial statements for the Government reporting entity for the words financial statements of the Crown. See sections 32 to 36 of that Act as to the transitional provisions.

    Subsection (1)(b) and (c) was amended, as from 25 January 2005, by section 14(2)(c) Public Finance Amendment Act 2004 (2004 No 113) by substituting the word where for the words a place at which. See sections 32 to 36 of that Act as to the transitional provisions.

    Subsection (2) was amended, as from 25 January 2005, by section 14(2)(b) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words Government reporting entity for the word Crown. See sections 32 to 36 of that Act as to the transitional provisions.

32 Monthly cash flow statements
  • [Repealed]

    Section 32 was repealed, as from 21 December 1992, by section 22 Public Finance Amendment Act 1992 (1992 No 142).

32A Additional reports in relation to non-departmental appropriations
  • (1) This section applies if, in any financial year, an Appropriation Act—

    • (a) lists an appropriation or a class of outputs within an appropriation for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and

    • (b) states that the appropriation or class of outputs is, in whole or part, subject to this section.

    (2) The Minister responsible for each appropriation or class of outputs must, within 3 months of the end of that financial year, prepare and present to the House of Representatives a report that complies with subsection (3).

    (3) The report must include—

    • (a) a statement of service performance prepared in accordance with generally accepted accounting practice in relation to that appropriation or class of outputs that compares the service performance that was achieved with the service performance that was forecast to be achieved; or

    • (b) if the type and scope of the appropriation is such that a statement of service performance is inappropriate, a statement of the results produced or achieved in relation to that appropriation that compares those results with the results that were forecast to be produced or achieved from the expenses or capital expenditure.

    (4) The report must also compare the actual expenses or capital expenditure incurred in relation to that appropriation or class of outputs with the expenses or capital expenditure that were appropriated or forecast to be incurred.

    (5) Despite subsection (3), the report does not need to include a statement of service performance in relation to a part of an appropriation or a class of outputs on which another entity is required to report in its statement of service performance if an Appropriation Act that lists the appropriation or class of outputs so provides.

    (6) The Minister responsible for the appropriation or class of outputs must arrange for the report to be published if he or she is requested to do so by the Minister.

    Section 32A was inserted, as from 21 December 1992, by section 23(1) Public Finance Amendment Act 1992 (1992 No 142).

    Section 32A was substituted, as from 1 July 1994, by section 27 Public Finance Amendment Act 1994 (1994 No 18).

    Section 32A was substituted, as from 25 January 2005, by section 15 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Part 4
Reporting by departments

  • Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

33 Interpretation
  • In this Part, any activities, bodies, or statutory offices that are funded by way of appropriation and that are not natural persons or separate legal entities must be taken to be part of a department.

    Subsection (4) was repealed, as from 21 December 1992, by section 24 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Responsibilities of chief executives

34 Responsibilities of departmental chief executives: financial management
  • The chief executive of a department—

    • (a) is responsible to the Responsible Minister for the financial management and financial performance of the department; and

    • (b) must comply with any lawful financial actions required by the Minister or the Responsible Minister.

    Section 34 was substituted, as from 21 December 1992, by section 25 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

34A Forecast financial statements of departments
  • [Repealed]

    Section 34A was inserted, as from 1 July 1994, by section 28(1) Public Finance Amendment Act 1994 (1994 No 18). See also section 28(2) of that Act relating to forecast financial statements of departments.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

35 Responsibilities of departmental chief executives: reporting
  • The chief executive of a department is responsible to the Responsible Minister for ensuring that the department complies with the reporting requirements imposed on the department by or under this or any other Act.

    Subsection (2) was substituted, as from 1 July 1994, by section 29(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (3)(d) and (e) were substituted, as from 1 July 1994, by section 29(2) Public Finance Amendment Act 1994 (1994 No 18). See section 29(6) Public Finance Amendment Act 1994 (1994 No 18) which provides that section 35(3) of the principal Act shall have effect in relation to the financial year commencing on the 1st day of July 1994 as if section 29(2) of that Act had not been enacted.

    Subsection (3)(g) was substituted, as from 1 July 1994, by section 29(3) Public Finance Amendment Act 1994 (1994 No 18).

    Subsections (3)(h) to (k) were substituted, as from 21 December 1992, and paragraph (l) was inserted, as from 21 December 1992, by section 26(1) Public Finance Amendment Act 1992 (1992 No 142).

    Subsections (3)(h) to (l) were substituted, and subsection (m) was inserted, as from 1 July 1994, by section 29(3) Public Finance Amendment Act 1994 (1994 No 18). See section 29(6) Public Finance Amendment Act 1994 (1994 No 18) which provides that section 35(3) of the principal Act shall have effect in relation to the financial year commencing on the 1st day of July 1994 as if section 29(2) of that Act had not been enacted.

    Subsection (4) was amended, as from 21 December 1992, by section 26(2) Public Finance Amendment Act 1992 (1992 No 142) by omitting the words or programmes.

    Subsection (4) was repealed, as from 1 July 1994, by section 29(4) Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

36 Departmental chief executives not responsible for financial performance of other entities
  • The chief executive of a department is not responsible for the outputs or financial performance of a Crown entity named or described in the Crown Entities Act 2004, an organisation named or described in Schedule 4, or a State enterprise named in the Schedule 1 of the State-Owned Enterprises Act 1986, even though the Crown entity, organisation, or State enterprise is wholly or partly funded through a Vote administered by the department.

    Section 36 was repealed, as from 21 December 1992, by section 27 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Power of chief executives to obtain information

37 Power of departmental chief executives to obtain information
  • (1) The chief executive of a department may request any specified person to supply to the chief executive any information that is necessary to enable the chief executive to carry out his or her responsibilities in relation to the department under sections 34 and 35.

    (2) A request under subsection (1)

    • (a) must be in writing; and

    • (b) may state the date by which, and the manner in which, the information requested must be provided.

    (3) If a date is stated under subsection (2)(b), that date must be reasonable, having regard to the time limits prescribed by this Act or any other Act for the department to discharge its reporting obligations.

    (4) A specified person to whom the request is made must comply with the request.

    (5) Nothing in this section limits or affects the privilege against self-incrimination.

    (6) In this section, specified person means a person who is responsible for any activities, bodies, or statutory offices that, under section 33, are taken to be part of a department.

    Subsection (1) was amended, as from 21 December 1992, by section 28 Public Finance Amendment Act 1992 (1992 No 142) by omitting the words or half-yearly.

    Subsection (1) was substituted, as from 1 July 1994, by section 30(1) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (2) was amended, as from 1 July 1994, by section 30(2) Public Finance Amendment Act 1994 (1994 No 18) by substituting the words statement of responsibility for the words management statement.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Reporting requirements—information on future operating intentions

38 Departments must provide information on future operating intentions
  • (1) A department must, before the start of each financial year and not later than the date specified by its Responsible Minister, provide information on the department's future operating intentions.

    (2) The information must relate to the forthcoming financial year and, for the purposes of section 40, to at least the next 2 financial years.

    (3) However, if the Government has announced that the department is to be disestablished or significantly restructured during the period referred to in subsection (2), the department may, with the agreement of its Responsible Minister and the Minister, provide information under subsection (1) for a lesser period.

    (4) The department must provide the information to its Responsible Minister who must forward a copy of it to,—

    • (a) in the case of an intelligence and security department, the members of the Intelligence and Security Committee established under the Intelligence and Security Committee Act 1996 as soon as practicable after the introduction of the first Appropriation Bill that relates to the financial year; or

    • (b) in the case of any other department, the Minister in time for him or her to present the information, as required by section 39.

    Subsection (1) was amended, as from 21 December 1992, by section 29 Public Finance Amendment Act 1992 (1992 No 142) by omitting the words or half-yearly.

    Subsection (2) was amended, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10) by substituting the words the Public Audit Act 2001 for the words Part 2 of the Public Finance Act 1977.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

39 Obligation to present and publish information on future operating intentions
  • (1) The Minister must present the information for each department (other than an intelligence and security department) to the House of Representatives immediately after he or she has delivered the Budget for the financial year to which the information relates.

    (2) The information presented under subsection (1) must—

    • (a) be taken to have been presented by the Responsible Minister concerned; and

    • (b) be accompanied by—

      • (i) a statement signed by the Responsible Minister stating that the information is consistent with the policies and performance expectations of the Government; and

      • (ii) if section 38(3) applies, the explanation of the Responsible Minister as to why the information was not presented for the period referred to in section 38(2).

    (3) As soon as practicable after the information is presented under subsection (1), the department concerned must publish the information in accordance with the manner (if any)—

    • (a) prescribed by regulations made under this Act; or

    • (b) specified in instructions issued under this Act.

    Subsection (1) was amended, as from 1 July 1994, by section 31(1) Public Finance Amendment Act 1994 (1994 No 18) by substituting the words statement of responsibility for the words management statement.

    Subsection (2) was amended, as from 21 December 1992, by section 30(a) Public Finance Amendment Act 1992 (1992 No 142) by substituting the words lay it before for the words table it in.

    Subsection (2A) was inserted, as from 1 July 1994, by section 31(2) Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (3) was repealed, as from 21 December 1992, by section 30(b) Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

40 Requirements for information on future operating intentions
  • The information required under section 38 must set out and explain for the period to which it relates—

    • (a) the nature and scope of the department's functions and intended operations; and

    • (b) the specific impacts, outcomes, or objectives that the department seeks to achieve or to contribute to through its operations; and

    • (c) how the department intends to—

      • (i) perform its functions and conduct its operations to achieve those impacts, outcomes, or objectives; and

      • (ii) effectively manage those functions and operations within a changeable operating environment; and

    • (d) the main measures and standards that the department intends to use to assess and report on matters relating to the department's future performance, including, without limitation, the following matters:

      • (i) the impacts, outcomes, or objectives achieved or contributed to by the department (including possible unintended impacts or negative outcomes):

      • (ii) the cost-effectiveness of the interventions that the department delivers or administers:

      • (iii) the department's organisational health and capability to perform its functions and conduct its operations effectively; and

    • (e) any other matters that—

      • (i) are reasonably necessary to achieve an understanding of the department's operating intentions and direction; or

      • (ii) may be specified by the Minister or the Responsible Minister for the purposes of subparagraph (i).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41 Extra information required for first financial year
  • (1) The information required under section 38 must include, for the first financial year of the period to which it relates,—

    • (a) forecast financial statements for the department that have been prepared in accordance with generally accepted accounting practice; and

    • (b) a statement of all significant assumptions underlying the forecast financial statements; and

    • (c) any other information or explanations needed to fairly reflect the department's forecast financial operations and financial position; and

    • (d) comparative budgeted and estimated actual figures for the previous financial year for the forecast financial statements; and

    • (e) a statement of forecast service performance that—

      • (i) describes each class of outputs the department proposes to supply during the financial year; and

      • (ii) includes measures and forecast standards of output delivery for each class of outputs; and

      • (iii) identifies the expected revenue to be earned and the proposed output expenses to be incurred for each class of outputs; and

      • (iv) has been prepared in accordance with generally accepted accounting practice; and

    • (f) any other measures and standards necessary to assess the department's performance at the end of the financial year.

    (2) The information for each class of outputs that is included in a statement of forecast service performance in accordance with subsection (1)(e) must be agreed by the Minister responsible for the appropriation that includes that class of outputs.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (2)(k) was substituted, and subsection (2)(l) was inserted, as from 1 July 1994, by section 32 Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (3) was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41A Special provisions in relation to annual financial statements of school Board of Trustees
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (2)(a) was substituted, as from 1 July 1994, by section 33 Public Finance Amendment Act 1994 (1994 No 18).

    Section 41A was substituted, as from 25 October 2001, by section 79(1) Education Standards Act 2001 (2001 No 88).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41B Special provisions in relation to annual financial statements of Boards under Reserves Act 1977
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (2)(a) was substituted, as from 1 July 1994, by section 33 Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41C Draft statement of intent
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (2) was substituted, as from 1 July 1994, by section 35 Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41D Contents of statement of intent
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1) was amended, as from 1 July 1994, by section 36(1)(a) Public Finance Amendment Act 1994 (1994 No 18) by substituting the words Crown entity group for the words group comprising the Crown entity and its subsidiaries and any company or subsidiaries of companies that are Crown entities by virtue of paragraph (c) of the definition to the term Crown entity in section 2(1) of this Act.

    Subsection (1)(h) was amended, as from 1 July 1994, by section 36(1)(b) Public Finance Amendment Act 1994 (1994 No 18) by substituting the words statement of output objectives for the words statement of objectives.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41E Completed statement of intent
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41F Laying of statement of intent before House of Representatives
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41G Power of Responsible Minister to require Crown entity to modify statement of intent
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41H Power of Crown entity to modify statement of intent
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

41I Annual report of Crown entities named or described in Schedule 6
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Paragraph (a)(ii) was substituted, as from 1 July 1994, by section 37 Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

42 Information on future operating intentions must include statement of responsibility
  • (1) The information required under section 38 must also include a statement of responsibility that is—

    • (a) signed by the department's chief executive; and

    • (b) countersigned by the department's chief financial officer.

    (2) The statement of responsibility must comprise—

    • (a) a statement of the chief executive's responsibility for the information; and

    • (b) a statement that certifies that the information is consistent with—

      • (i) existing appropriations; and

      • (ii) the appropriations set out in the first Appropriation Bill that relates to the financial year in question.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsections (1) and (2) were amended, as from 1 July 1994, by section 38 Public Finance Amendment Act 1994 (1994 No 18) by substituting the words statement of responsibility for the words management statement.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Reporting requirements—annual reports

43 Departments must prepare annual reports
  • (1) As soon as practicable after the end of each financial year, a department must—

    • (a) prepare a report on the operations of the department for that financial year; and

    • (b) provide the report to its Responsible Minister.

    (2) Subsection (1) does not derogate from any provision in any other Act that requires the chief executive of a department to present an annual report, but it is not necessary for the chief executive to provide a separate report under each enactment.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (2) was repealed, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

44 Obligation to present and publish departmental annual reports
  • (1) A Responsible Minister must present a department's annual report to the House of Representatives—

    • (a) not later than 15 working days after the audit report is provided under section 45D; or

    • (b) if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

    (2) A department must publish its annual report—

    • (a) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 15 working days after the audit report is provided under section 45D; and

    • (b) in accordance with the manner (if any)—

      • (i) prescribed by regulations made under this Act; or

      • (ii) specified in instructions issued under this Act.

    (3) If a department's annual report is published in advance of it being presented to the House of Representatives, the Responsible Minister must arrange for the publication in the Gazette of a notice indicating that the annual report has been published.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Section 44 was amended, as from 1 July 1994, by section 39 Public Finance Amendment Act 1994 (1994 No 18) by substituting the words statement of responsibility for the words management statement.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

44A Laying before House of Representatives of financial statements of Crown entities (other than school Boards of Trustees and Reserves Boards)
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Section 44A was substituted, as from 1 July 1994, by section 40 Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

44B Annual report in relation to schools' sector
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1) was amended, as from 25 October 2001, by section 79(2) Education Standards Act 2001 (2001 No 88), by substituting the expression 30 September for the expression the 30th day of June.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

44C Annual financial statements of school Boards of Trustees
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

44D Annual financial statements of Reserves Boards
  • [Repealed]

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45 Contents of departmental annual report
  • (1) A department's annual report must contain the following information in respect of the financial year to which it relates:

    • (a) information on operations that complies with subsection (2); and

    • (b) a statement of service performance in accordance with section 45A; and

    • (c) the annual financial statements for the department in accordance with section 45B; and

    • (d) the statement of responsibility in accordance with section 45C; and

    • (f) any other matters that relate to or affect the department's operations that the department is required, has undertaken, or wishes to report on in its annual report.

    (2) The annual report must provide the information that is necessary to enable an informed assessment to be made of the department's performance during the financial year (including an assessment against the intentions, measures, and standards set out at the start of the financial year in the information on the department's future operating intentions in accordance with sections 40 and 41).

    (3) The annual report must be dated and signed on behalf of the department by its chief executive.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45A Statement of service performance
  • A department's statement of service performance must—

    • (a) be prepared in accordance with generally accepted accounting practice; and

    • (b) describe each class of outputs supplied by the department during the financial year; and

    • (c) include, for each class of outputs,—

      • (i) the standards of delivery performance achieved by the department, as compared with the forecast standards included in the department's statement of forecast service performance at the start of the financial year; and

      • (ii) the actual revenue earned and output expenses incurred, as compared with the expected revenues and proposed output expenses included in the department's statement of forecast service performance at the start of the financial year.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45B Annual financial statements
  • (1) A department's annual financial statements must be prepared in accordance with generally accepted accounting practice.

    (2) In addition to the financial statements required by generally accepted accounting practice, a department's annual financial statements must include—

    • (a) any other information or explanations needed to fairly reflect the department's financial operations and financial position; and

    • (b) the forecast financial statements prepared at the start of the financial year, for comparison with the actual financial statements; and

    • (c) a statement of actual expenses and capital expenditure incurred against—

      • (i) each appropriation administered by the department; and

      • (ii) each class of outputs included in each output expense appropriation; and

    • (d) a statement of unappropriated expenses and capital expenditure incurred in relation to the activities of, or appropriations administered by, the department, together with an explanation of the reasons for the unappropriated expenses and capital expenditure.

    Part 5 (comprising sections 41 to 45) was substituted by a new Part 5 (comprising sections 41 to 45B), as from 21 December 1992, by section 31 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45C Statement of responsibility
  • (1) The statement of responsibility must include—

    • (a) a statement of the responsibility of the department's chief executive for the preparation of the financial statements and statement of service performance, and for the judgments made in them; and

    • (b) a statement of the responsibility of the department's chief executive for establishing a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting; and

    • (c) a statement that, in the opinion of the department's chief executive, the financial statements and statement of service performance fairly reflect the financial position and operations of the department for the reporting period.

    (2) The statement of responsibility must be—

    • (a) signed by the department's chief executive; and

    • (b) countersigned by the department's chief financial officer.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45D Audit report
  • (1) A department must forward to the Auditor-General—

    • (a) its annual financial statements, statement of service performance, and any other information that the Auditor-General has agreed, or is required, to audit within 2 months after the end of each financial year; and

    • (b) its annual report in a timely manner to enable the Auditor-General to review that report before providing the audit report required under subsection (2)(b).

    (2) The Auditor-General must—

    • (a) audit the statements referred to in subsection (1)(a); and

    • (b) provide an audit report on them to the department within 3 months after the end of each financial year.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Miscellaneous

45E Application of this Part to intelligence and security departments
  • (1) This Part applies to an intelligence and security department, subject to subsection (2) and with the following (and any other necessary) modifications:

    • (a) section 40 must be read as if section 40(e)(ii) did not include a reference to the Minister; and

    • (b) sections 41 and 45B(1) and (2)(a) and (b) must be read as if those sections referred to the forecast or actual financial statements, prepared in accordance with generally accepted accounting practice, that, in the opinion of the Responsible Minister, will fairly reflect the department's forecast or actual financial operations and financial position for that financial year; and

    • (d) sections 45C and 45D must be read as if the references to a statement of service performance were omitted.

    (2) The following provisions do not apply to an intelligence and security department:

    • (a) section 39 (which requires information provided by a department on its future operating intentions to be presented to the House of Representatives and to be published):

    • (b) section 41(1)(e) (which requires the information on future operating intentions to include a statement of forecast service performance):

    • (c) section 41(2) (which provides that the information included in a statement of forecast service performance must be agreed by the Minister responsible for the appropriation):

    • (d) section 45(1)(b) (which requires a department's annual report to contain a statement of service performance):

    • (e) section 45A (which relates to the statement of service performance).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45F Application of this Part to Offices of Parliament
  • (1) This Part applies to an Office of Parliament, subject to subsection (2) and with the following (and any other necessary) modifications:

    • (a) references to a department must be read as references to an Office of Parliament; and

    • (b) references to the Auditor-General must be read as references to an auditor appointed by the House of Representatives to audit the financial statements and statements of service performance of Offices of Parliament; and

    • (d) section 40(e) must be read as if an Office of Parliament were not required to comply with the requirement for the report on future operating intentions to set out and explain any other matters that may be specified by the Minister or Responsible Minister, but were instead required to have regard to those matters in the preparation of that report.

    (2) Section 39(2)(b) (which requires the information on future operating intentions to be accompanied by a statement that the information is consistent with the policy and performance expectations of the Government) does not apply to an Office of Parliament.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45G This Part modified for purpose of applying Part to Offices of Parliament
  • (1) For the purposes of section 45F(1)(c), this Part must be read as if, for section 38(1), there were substituted the following subsection:

    • (1) An Office of Parliament must,—

      • (a) before the start of each financial year and not later than the date on which the Office submits to the House of Representatives the information required under section 26E(l), prepare and provide to the Speaker and the House of Representatives draft information about its future operating intentions; and

      • (b) before the start of each financial year,—

        • (i) have regard to any comments on the draft information that it receives from the Speaker or a committee of the House of Representatives that considered the matter; and

        • (ii) prepare final information about its future operating intentions after complying with subparagraph (i).

    (2) For the purposes of section 45F(1)(c), this Part must be read as if, for section 38(4), there were substituted the following subsection:

    • (4) An Office of Parliament must provide the final information to the Speaker, who must arrange for the final information to be presented to the House of Representatives, as required by section 39.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Part 5
Special reporting requirements

  • Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). The heading to the previous Part 5 read Reporting by Crown entities. See sections 32 to 36 of that Act as to the transitional provisions.

Subpart 1Special annual reporting requirements

45H Application of subpart
  • (1) This subpart applies to—

    • (a) an entity that must provide an annual report that includes audited annual financial statements for presentation to the House of Representatives; and

    • (b) an entity that must provide audited annual financial statements (rather than an annual report) for presentation to the House of Representatives.

    (2) For the purposes of subsection (1)(b), this subpart must be read as if, with all necessary modifications, every reference to an annual report were a reference to audited financial statements.

    (3) In this section and sections 45I to 45K, provide, in relation to a report or set of statements, means to comply with the requirements of an Act (including this Act) for the report or, as the case may be, the set of statements to be—

    • (a) forwarded to an entity's auditor; or

    • (b) provided to a Minister; or

    • (c) presented to the House of Representatives.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45I First annual report for newly established entities
  • (1) The Minister may (at the Minister's discretion) exempt an entity that is established within 4 months before the end of a financial year from the obligation to provide an annual report for that financial year.

    (2) Despite subsection (1), an entity that administers an appropriation must, as soon as practicable after the end of that financial year, provide—

    • (a) the statements required by section 45B(2)(c) and (d) (which comprise the statement of actual expenses and capital expenditure against appropriations and the statement of unappropriated expenses and capital expenditure); and

    • (b) an audit report on those statements.

    (3) An entity that is exempted under subsection (1) must, as soon as practicable after the end of the next financial year, provide an annual report that covers the period from the date on which it is established until the end of that next financial year.

    (4) To avoid doubt, the annual report referred to in subsection (3) must contain the information required to be included in the entity's annual report (except that the information must be in respect of the period referred to in that subsection).

    (5) Subsections (1) to (4) also apply to an entity that, within 4 months before the end of a financial year, becomes subject to the requirement to provide an annual report for presentation to the House of Representatives.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45J Final annual report for disestablished entities
  • (1) An entity that is disestablished before the end of a financial year must, as soon as practicable after the date on which it is disestablished, provide a final report (as if the final report were an annual report) for the period up until that date.

    (2) If the Minister is satisfied that it is necessary or expedient to transfer some or all of the responsibility for completing a final report to another party,—

    • (a) the Minister may approve the transfer of that responsibility; and

    • (b) if the Minister does so, the party to whom that responsibility is transferred must sign the statement of responsibility.

    (3) Subsections (1) and (2) also apply to an entity that, before the end of the financial year, ceases to be subject to the requirement to provide an annual report for presentation to the House of Representatives.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45K Timing of special annual reports, etc
  • (1) An entity that reports under section 45I must provide the statements and reports required under that section within the period specified in legislation for the entity to provide its annual report.

    (2) An entity that reports under section 45J must provide the final report within 20 working days after the end of the period specified in legislation for the entity to provide its annual report (except that the period so specified must start on the date on which the entity is disestablished, rather than at the end of the financial year).

    (3) Despite subsection (2) and section 45J(1), the Minister may allow an entity that ceases to be subject to the requirement to provide an annual report before the end of a financial year, but that is not disestablished, to provide the final report as soon as practicable after the end of the financial year on—

    • (a) the condition that the entity's final report contains the information that the entity is required to include in its annual report for at least the period up until the date on which it ceases to be so subject; and

    • (b) any other conditions that the Minister thinks fit.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45L Minister may allow certain information to be included in another entity's annual report if operations transferred
  • (1) This section applies if—

    • (a) an entity is disestablished during the entity's financial year; and

    • (b) that entity's operations are transferred to 1 or more entities; and

    • (c) those operations are, at the time of the transfer, to be carried out on substantially the same terms by the entity to whom they are transferred.

    (2) The Minister may exempt the entity from whom operations are transferred from the requirement to include in its final report—

    • (a) a statement of service performance; and

    • (b) a full report on its operations.

    (3) The Minister may grant an exemption under subsection (2)

    • (a) on the condition that—

      • (i) the information referred to in subsection (2)(a) and (b) is subsequently included, at the end of that financial year, in the annual report of the entity to whom the operations are transferred; and

      • (ii) the entity to whom those operations are transferred has not been exempted under section 45I; and

    • (b) only if the Minister is satisfied that the inclusion of that information in the other entity's annual report in accordance with paragraph (a)(i) does not unreasonably compromise accountability for the performance of those operations during that financial year.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Subpart 2Application of provisions of Crown Entities Act 2004 to organisations named or described in Schedule 4

  • Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45M Provisions of Crown Entities Act 2004 that apply to all Schedule 4 organisations
  • (1) The following provisions of the Crown Entities Act 2004 apply to an organisation named or described in Schedule 4, as if the organisation were a Crown entity under the Crown Entities Act 2004:

    • (b) sections 154 to 156 and any regulations that apply to the matters referred to in those sections:

    (2) Section 150 of the Crown Entities Act 2004 applies to an organisation that is named or described in Schedule 4 and that is not required to produce an annual report as if the annual financial statements required under subsection (1)(b) were an annual report.

    (3) An organisation named or described in Schedule 4 that is required to produce a statement of service performance must present that statement to the House of Representatives with the annual financial statements required under subsection (1)(b).

    (4) The provisions applied by this section apply to the organisation subject to any negation or modification of the provision in the entity's Act.

    (5) A provision that applies to a parent organisation, and any negation or modification of the provision in the entity's Act, applies also to the subsidiaries of the organisation, except to the extent that the entity's Act provides otherwise.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45N Some provisions of Crown Entities Act 2004 applied to some Schedule 4 organisations
  • (1) A provision of the Crown Entities Act 2004 that is listed in column 2 of Schedule 4 as applying to an organisation named or described in that schedule applies to that organisation as if the organisation were a Crown entity under the Crown Entities Act 2004.

    (2) However, the Minister may exempt an organisation named or described in Schedule 4 from any of the requirements in sections 141, 142, 151, and 152 of the Crown Entities Act 2004.

    (3) The exemption may be granted—

    • (a) if the Minister considers that it is necessary or expedient to grant the exemption; and

    • (b) by notice in writing to the organisation, on any conditions that the Minister thinks fit.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

45O Special provisions relating to Reserves Boards
  • (1) Despite section 45M(2), section 150(3) and (4) of the Crown Entities Act 2004 does not apply to a Reserves Board (as defined by section 2 of the Reserves Act 1977) and accordingly, the Minister of Conservation is not required to present the annual financial statements of a Reserves Board to the House of Representatives.

    (2) The Minister of Conservation must, in each year, send to each member of Parliament copies of the annual financial statements of a Reserves Board that manages a reserve in the member's electoral district.

    (3) The copies must be sent not later than 1 month after the date on which an audit report is provided by the Auditor-General on those financial statements.

    (4) The chief executive of the Department of Conservation must ensure that information about the financial performance of Reserves Boards is, in each year, included in the annual report of the Department of Conservation.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Part 6
Borrowing, securities, derivative transactions, investment, banking, and guarantees

  • Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). The heading to the previous Part 6 read Loans and securities. See sections 32 to 36 of that Act as to the transitional provisions.

Subpart 1Borrowing

Limits on borrowing by the Crown

46 The Crown must not borrow except under statute
  • Except as expressly authorised by any Act, it is not lawful for—

    • (a) the Crown to borrow money; or

    • (b) any person to lend money to the Crown.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

47 Minister may borrow on behalf of the Crown if in public interest
  • (1) The Minister, on behalf of the Crown, may borrow money if it appears to the Minister to be necessary or expedient in the public interest to do so.

    (2) The Minister may borrow money from any person, organisation, or government (either within or outside New Zealand).

    (3) Except as otherwise provided in any Act, all monies received as a result of money being borrowed under subsection (2) must be paid into—

    • (a) a Crown Bank Account; or

    • (b) if the Minister directs, a Departmental Bank Account.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

48 Power to borrow must not be delegated
  • Despite anything in the State Sector Act 1988, the Minister must not delegate the Minister's power to borrow money under section 47.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

49 The Crown not liable for debts of Crown entities, etc
  • (1) The Crown is not liable to contribute towards the payment of any debts or liabilities of—

    • (a) a Crown entity or an organisation named or described in Schedule 4; or

    • (b) a subsidiary of a Crown entity or of an organisation named or described in Schedule 4; or

    • (c) any entity in which a Crown entity has an interest; or

    • (d) any other agency or body corporate that is controlled or wholly owned by the Crown.

    (2) However, this section does not apply in relation to—

    • (a) any sum the Crown is liable to contribute under any Act; or

    • (c) any sum the Crown is liable to pay a creditor of a Crown entity, Crown subsidiary, other agency, or other body corporate, by virtue of a cause of action that the creditor has against the Crown; or

    • (d) any sum the Crown is liable to pay to a creditor of the Reserve Bank of New Zealand.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

    Section 49(2)(b): amended, on 13 September 2009, by section 10(2) of the Crown Retail Deposit Guarantee Scheme Act 2009 (2009 No 30).

Appointment of borrowing agents

50 Minister may appoint agents for purpose of borrowing money
  • (1) The Minister may appoint 2 or more persons to act on the Minister's behalf as joint borrowing agents for any of the following purposes:

    • (a) borrowing money under this Act:

    • (b) issuing securities for money borrowed under this Act:

    • (c) any other purpose that is connected with the matters referred to in paragraphs (a) and (b).

    (2) An appointment under subsection (1)

    • (a) must be made by warrant signed by the Minister; and

    • (b) may be made in respect of—

      • (i) a specified officer or person; or

      • (ii) officers or persons of a specified class; or

      • (iii) the holder for the time being of a specified office or appointment; or

      • (iv) the holders for the time being of a class of offices or appointments.

    (3) The number of persons acting as borrowing agents under this section must not be less than 2.

    (4) The Minister may, at any time, by instrument signed by the Minister,—

    • (a) revoke or amend a warrant of appointment under this section; or

    • (b) reappoint a person as a borrowing agent; or

    • (c) appoint another person to replace a borrowing agent—

      • (i) whose appointment is revoked; or

      • (ii) who resigns or dies.

    (5) The Minister may give notice of an appointment, or revocation of appointment, of a borrowing agent under this section by any means of communication that he or she thinks fit.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

51 Appointment of borrowing agents does not prevent exercise of power by Minister
  • The appointment by the Minister of a borrowing agent under section 50 does not prevent the exercise by the Minister of a power conferred by any Act or rule of law.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

52 Borrowings must be taken to be lawful
  • (1) Any money that appears to have been borrowed by the Crown under this Act must be taken to have been lawfully borrowed within the powers conferred by this Act, and the person from whom the money was borrowed may not question whether, or to what extent, authority has been given or occasion has arisen for the exercise of those powers.

    (2) The fact that a borrowing agent exercises any powers relating to money borrowed by the Crown is, in the absence of proof to the contrary, conclusive evidence of his or her authority to do so.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

52A Crown not to issue securities except under statute
  • [Repealed]

    Section 52A was inserted, as from 1 July 1994, by section 41 Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

53 Borrowing agents may delegate powers
  • (1) A borrowing agent appointed under section 50 may delegate all or any of the powers conferred on the borrowing agent by the Minister under that section subject to—

    • (a) the consent of the Treasury; and

    • (b) the requirement under section 50(3) that the number of persons acting as borrowing agents must not be less than 2.

    (2) The delegation may—

    • (a) be made by a borrowing agent acting jointly or severally with any other borrowing agent; and

    • (b) be made to 1 or more persons; and

    • (c) be subject to any conditions that the delegating agent, or agents, think fit.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Terms and conditions of borrowing

54 Minister may determine terms and conditions of borrowing
  • For the purposes of section 47, the Minister may borrow money on any terms and conditions that the Minister thinks fit.

    Section 54 was substituted, as from 21 December 1992, by section 32 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

55 Charge on public revenues
  • All principal, interest, and other money that is payable in relation to money borrowed by the Crown is a charge on, and payable out of, the revenues of the Crown equally and rateably with all other general borrowing obligations of the Crown.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

56 Power to borrow by issue of series of similar securities
  • The power conferred on the Minister under section 47 includes the power to borrow money—

    • (a) by way of the issue of public securities in 1 or more series (for example, Treasury bills or commercial paper); and

    • (b) under 1 or more agreements between the Crown and 1 or more specified banks, financial institutions, or security dealers.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

57 Power to vary borrowings of the Crown
  • (1) The Minister may, at any time, vary the terms and conditions of borrowings of the Crown with the consent, if necessary, of the person from whom the money was borrowed.

    (2) At the request of the person from whom money was borrowed, the Minister may—

    • (a) direct that the principal, or any interest payable in respect of the principal, be paid at a place in New Zealand or elsewhere that is other than the place otherwise provided; and

    • (b) revoke the direction and give other directions.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

58 Conversion of money borrowed by the Crown
  • (1) The Minister may, at any time, convert any money borrowed by the Crown into any other money borrowed by the Crown.

    (2) In exercising a power under subsection (1), the Minister—

    • (a) may do so on any terms and conditions that the Minister thinks fit; and

    • (b) must, if necessary, do so with the consent of, as the case may be,—

      • (i) the person from whom the money was borrowed; or

      • (ii) the holder of the securities issued in respect of the money borrowed.

    Subsection (5) was amended, as from 1 July 1994, by section 42 Public Finance Amendment Act 1994 (1994 No 18) by substituting the words a capital contribution for the word money.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

58A Authority for the giving by the Crown of guarantees and indemnities
  • [Repealed]

    Sections 58A and 59 were substituted for the original section 59, as from 21 December 1992, by section 33 Public Finance Amendment Act 1992 (1992 No 142).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

59 Minister may appoint underwriters, managers, etc, for borrowings of the Crown
  • (1) The Minister, on behalf of the Crown, may enter into an agreement with a bank, financial institution, or other person for the purpose of appointing the bank, institution, or person to act in any of the following capacities for, or in connection with, the borrowing of money under this Act:

    • (a) an underwriter; or

    • (b) a manager; or

    • (c) a dealer; or

    • (d) a trustee; or

    • (e) a registrar; or

    • (f) a paying, fiscal, or other agent.

    (2) The Minister may enter into the agreement on any terms and conditions that the Minister thinks fit.

    Sections 58A and 59 were substituted for the original section 59, as from 21 December 1992, by section 33 Public Finance Amendment Act 1992 (1992 No 142).

    Subsection (1) was substituted, as from 12 December 2000, by section 10(1) Public Finance Amendment Act 2000 (2000 No 78).

    Subsection (4) was substituted, as from 1 July 1994, by section 43 Public Finance Amendment Act 1994 (1994 No 18).

    Subsections (4) and (5) were substituted, and subsection (6) inserted, as from 12 December 2000, by section 10(2) Public Finance Amendment Act 2000 (2000 No 78).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Payments relating to borrowings

60 Payment of principal and interest on money borrowed by the Crown
  • (1) Subject to the provisions of this Act,—

    • (a) all principal payable in respect of money borrowed by the Crown—

      • (i) must be paid without further authority than this section; and

      • (ii) must be paid from a Crown Bank Account or, if the Minister directs, a Departmental Bank Account, and

    • (b) all borrowing expenses in respect of money borrowed by the Crown may be incurred without further appropriation, and must be paid without further authority, than this section.

    (2) Subsection (1) does not apply to money borrowed by the Crown under—

    • (a) hire purchase agreements or agreements that are of the same or a substantially similar nature; and

    • (b) finance lease arrangements or arrangements that are of the same or a substantially similar nature.

    Section 60 was amended, as from 21 December 1992, by section 33 Public Finance Amendment Act 1992 (1992 No 142) by substituting the words guarantee or indemnity for the words guarantee, indemnity, or security.

    Section 60 was substituted, as from 1 July 1994, by section 44(1) Public Finance Amendment Act 1994 (1994 No 18).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

61 Expenses in respect of money borrowed by the Crown
  • (1) Any expenses incurred in connection with any of the following matters may be incurred without further appropriation, and must be paid without further authority, than this section:

    • (a) negotiating the borrowing of money by the Crown; or

    • (b) undertaking the borrowing; or

    • (c) managing the borrowing; or

    • (d) servicing the borrowing; or

    • (e) converting the borrowing; or

    • (f) repaying the borrowing.

    (2) Subsection (1) does not apply to expenses incurred in connection with money borrowed by the Crown under—

    • (a) hire purchase agreements or agreements that are of the same or a substantially similar nature; and

    • (b) finance lease arrangements or arrangements that are of the same or a substantially similar nature.

    (3) In this section, expenses includes—

    • (a) duties, taxes, premiums, bonuses, fees, interests, and commissions; and

    • (b) any expenses incurred on personnel and equipment necessary for the performance of functions set out in subsection (1).

    Section 61 was substituted, as from 1 July 1994, by section 45 Public Finance Amendment Act 1994 (1994 No 18).

    Subsection (2)(a) was amended, as from 20 May 1999, by section 7 Stamp Duty Abolition Act 1999 (1999 No 61) by substituting the word Duties for the words Stamp duty and other duties.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Subpart 2Securities

  • Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Limits on the Crown issuing securities

62 The Crown must not issue securities except under statute
  • Except as expressly authorised by any Act, the Crown must not issue securities (whether for money borrowed or any other purpose).

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

63 Minister may issue securities for money borrowed by the Crown
  • (1) This section applies if, under any Act, money is borrowed by the Crown for any purpose.

    (2) The Minister, on behalf of the Crown, may issue securities for that money in any manner and form that the Minister thinks fit.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

64 Issue or variation of security taken to be lawful
  • (1) A security that appears to have been issued or varied under this Act must be taken to have been lawfully issued or varied, as the case may be, within the powers conferred by this Act, and neither the lender nor the holder may question whether, or to what extent, authority has been given or occasion has arisen for the exercise of those powers.

    (2) However, subsection (1) applies only if the security has been issued or varied by—

    • (a) the Minister; or

    • (c) borrowing agents appointed for the purpose under section 50.

    (3) The fact that a borrowing agent exercises any powers relating to a security is, in the absence of proof to the contrary, conclusive evidence of his or her authority to do so.

    Parts 4 to 6 (comprising sections 33 to 65A) were substituted by new Parts 4 to 6 (comprising sections 33 to 65ZG), as from 25 January 2005, by section 16 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.

Terms and conditions of securities

65 Securities must be in name of Sovereign
  • (1) This section applies if—

    • (a) either of the following circumstances applies:

      • (i) a security is taken for an advance of money by the Crown; or

      • (ii) a security is given for money borrowed by the Crown; and

    • (b) the Act that authorises the borrowing does not provide otherwise as to in whose name the security must be taken or given.

    (2) If this section applies,—

    • (a) the security must be taken or given in the name of the Sovereign; and

    • (b) the Minister may, on behalf of the Sovereign, do any of the following things in respect of or in connection with the security that could be done by the Sovereign:

      • (i) exercise any powers, functions, and rights (including any power of disposal); and

      • (ii) undertake and perform any liabilities.

    Subsection (2) was substituted, and subsection (3) was inserted, as from 1 July 1994 by section 46 Public Finance Ame