Appropriation (2007/08 Financial Review) Act 2009

  • repealed
  • Appropriation (2007/08 Financial Review) Act 2009: repealed, on 2 September 2009, by section 12 of the Appropriation (2009/10 Estimates) Act 2009 (2009 No 28).

Reprint
as at 2 September 2009

Crest

Appropriation (2007/08 Financial Review) Act 2009

Public Act2009 No 7
Date of assent14 April 2009
Commencementsee section 2
  • Appropriation (2007/08 Financial Review) Act 2009: repealed, on 2 September 2009, by section 12 of the Appropriation (2009/10 Estimates) Act 2009 (2009 No 28).


Note

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

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

This Act is administered by the Treasury.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Appropriation (2007/08 Financial Review) Act 2009.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purposes
  • The purposes of this Act are to—

    • (a) confirm financial matters relating to the financial year ended 30 June 2008; and

    • (b) validate other financial matters relating to the financial year ended 30 June 2008 and the previous financial year.

4 Interpretation
  • In this Act, unless the context otherwise requires, the terms capital expenditure, department, expenses, financial year, Office of Parliament, other expenses, output expenses, and Vote have the meanings given to them by section 2(1) of the Public Finance Act 1989.

5 Confirmation of Order in Council directing transfer of amounts between output expense appropriations
6 Confirmation of expenses and capital expenditure incurred in excess of existing appropriations and approved by Minister of Finance
  • (1) The incurring of expenses and capital expenditure approved by the Minister of Finance under section 26B of the Public Finance Act 1989 for the financial year ended 30 June 2008 and described in subsections (2) and (3) is confirmed.

    (2) The expenses and capital expenditure are the expenses and capital expenditure incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1.

    (3) The approved expenses and capital expenditure are shown in each case in column 4 of Schedule 1 alongside the existing appropriation for which the approval was given.

7 Validation of unappropriated expenses and capital expenditure
  • (1) The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that for the financial year ended 30 June 2008, the department incurred—

    • (a) expenses in excess of the existing appropriations set out in column 3 of Schedule 2 alongside that department; or

    • (b) expenses or capital expenditure without appropriation, or other authority, by or under an Act (as specified in column 4 of Schedule 3 alongside the department) against the categories of expenses or capital expenditure set out in column 3 of Schedule 3 alongside that department.

    (3) In this section,—

    capital expenditure means the capital expenditure set out in column 5 of Schedule 3 alongside the relevant department

    department means a department set out in column 1 of, as appropriate, Schedule 2 or 3

    expenses means the expenses set out in, as appropriate, column 4 of Schedule 2 or column 5 of Schedule 3 alongside the relevant department.

8 Validation of expenses incurred in respect of Vote Courts in financial year ended 30 June 2007
  • (1) The incurring of expenses by the Ministry of Justice in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that for the financial year ended 30 June 2007, the Ministry of Justice incurred expenses of $104,000 outside the scope of the existing appropriation Personal Property Protection Rights Costs in Vote Courts.

9 Validation of departmental net asset holding
  • (1) The excess amount of net asset holding described in subsection (2) in a department is validated.

    (2) The excess amount of net asset holding is the amount of net asset holding, as set out in column 3 of Schedule 4, in the department that, during or at the end of the 2007/08 financial year, exceeded the most recent projected balance of net assets for that department.

    (3) In this section,—

    department means a department set out in column 1 of Schedule 4

    most recent projected balance of net assets means the most recent projected balance of net assets for a department at the end of the 2007/08 financial year—

    • (a) at the time when that projected balance was exceeded; and


Schedule  1
Expenses and capital expenditure incurred in excess of existing appropriation during year ended 30 June 2008 and approved by Minister of Finance confirmed

s 6

Column 1 Column 2 Column 3 Column 4
Administering department or Office of Parliament Vote Appropriation 
Expenses or capital expenditure approved in excess of appropriation
$(000)
       
Building and Housing, Department of Housing Benefits and other unrequited expenses  
   Income Related Rental Subsidy 1,802
       
Corrections, Department of Corrections Departmental output expenses  
   Community-Based Sentences and Orders 584
    Custody of Remand Prisoners 591
    Information Services 194
    Prisoner Employment 84
    Rehabilitative Programmes and Reintegrative Services 273
       
Crown Law Office  Attorney-General Departmental output expenses  
   Supervision and Conduct of Crown Prosecutions 168
       
Government Communications Security Bureau Communications Security and Intelligence Intelligence and security department expenses and capital expenditure  
   Communications Security and Intelligence 788
       
Internal Affairs, Department of  Ministerial Services Other expenses to be incurred by the Crown  
   Ministers' Internal and External Travel 156
       
Labour, Department of Immigration Departmental output expenses  
   Services to Position New Zealand as an International Citizen with Immigration-Related Interests and Obligations 46
       
  Labour Departmental output expenses  
    Services to Promote and Support the Safe Management of Hazardous Substances in the Workplace and Amusement Devices 5
       
Ombudsmen, Office of the Ombudsmen Departmental output expenses  
   Investigation and Resolution of Complaints about Government Administration 56
       
Parliamentary Commissioner for the Environment Parliamentary Commissioner for the Environment Departmental output expenses  
   Reports and Advice 12
       
Social Development, Ministry of Social Development Benefits and other unrequited expenses  
   Orphans'/Unsupported Child's Benefit 6
    Sickness Benefit 511
    Special Benefit 129
    Temporary Additional Support 692
    Unemployment Benefit 986
       
    Capital expenditure to be incurred by the Crown  
    Recoverable Assistance 876
       
  Veterans' Affairs - Social Development Benefits and other unrequited expenses  
   Medical Treatment 340
   War Disablement Pensions 1,076
       

Schedule  2
Expenses incurred in excess of appropriation during year ended 30 June 2008 validated

s 7(2)(a), (3)

Column 1 Column 2 Column 3 Column 4
Administering department Vote Appropriation 
Expenses in excess of appropriation
$(000)
       
Economic Development, Ministry of Energy Non-departmental output expenses  
   Maintenance and Operation of Whirinaki 16,763
       
Education, Ministry of  Education Other expenses to be incurred by the Crown  
   Early Childhood Education 21,647
    Interest Subsidy for Schools 116
       
Health, Ministry of Health Departmental output expenses  
   Administration of Legislation and Regulations 3,012
    Funding and Performance of Crown Entities 1,235
    Information Services 1,139
    Servicing of Ministers and Ministerial Committees 474
       
    Non-departmental output expenses  
    National Maternity Services 15,048
       
Inland Revenue Department Revenue Benefits and other unrequited expenses  
   Kiwi Saver: Kickstart payment 43,662
    KiwiSaver Member Tax Credit 80,731
    KiwiSaver: Fee Subsidy 9,815
    KiwiSaver: Interest 252
    Payroll Subsidy 142
       
    Other expenses to be incurred by the Crown  
    Impairment of Debt Relating to Child Support 62,044
    Impairment of Debt Relating to General Tax and Family Support 95,239
       
Justice, Ministry of Courts Other expenses to be incurred by the Crown  
    Costs in Criminal Cases 301
    Family Court Professional Services 771
    MVDT Adjudicator Remuneration and Assessors Costs 13
       
  Treaty Negotiations Departmental output expenses  
    Policy Advice - Treaty Negotiations 1,391
       
Labour, Department of  Labour Non-departmental output expenses  
   Employment Relations Education Contestable Fund 242
       
New Zealand Defence Force Defence Force Departmental output expenses  
   Fixed Wing Transport Forces 408
    Land Combat Forces 98
    Land Combat Service Support Forces 224
    Maritime Patrol Forces 2,023
    Rotary Wing Transport Forces 302
       
New Zealand Food Safety Authority  Food Safety Departmental output expenses  
   Response to Food Safety Emergencies 288
       
New Zealand Police Police Departmental output expenses  
   Case Resolution and Support to Judicial Process 18,768
    Investigations 9,846
    Policy Advice and Ministerial Servicing  940
       
State Services Commission State Services Departmental output expenses  
   Government Shared Network 8,491
       
Transport, Ministry of Transport Departmental output expenses  
   Next Steps Review Implementation 343
    Sector Leadership and Support 258
       

Schedule  3
Expenses and capital expenditure incurred without appropriation or other authority during year ended 30 June 2008 validated

s 7(2)(b), (3)

Column 1 Column 2 Column 3 Column 4 Column 5
Administering department Vote Category of expenses or capital expenditure Nature of breach 
Expenses or capital expenditure
$(000)
         
Conservation, Department of Conservation Capital expenditure to be incurred by the Crown    
   Crown Land Acquisitions Without appropriation  44,988
         
Inland Revenue Department Revenue Non-departmental output expenses    
   Retirement Commissioner Without appropriation  380
         
    Other expenses to be incurred by the Crown    
    General Tax and Family Support Bad Debt Write-offs Without appropriation  123,897
         
         
Justice, Ministry of Courts Other expenses to be incurred by the Crown    
    Personal Property Protection Rights Costs Outside scope  467
         
  Treaty Negotiations Other expenses to be incurred by the Crown    
    Historical Treaty of Waitangi Settlements Outside scope 1,026
         
Treasury, The Finance Other expenses to be incurred by the Crown    
    Atihau-Whanganui Incorporation Ex-Gratia Payment Without appropriation 23,000
    Write-off of Capital Charge Receivable Without appropriation  3,180
         
         
    Capital expenditure to be incurred by the Crown    
    Landcorp Protected Land Agreement Without appropriation  64,200
         

Schedule 4
Excess departmental net asset holding during year ended 30 June 2008 validated

s 9

Column 1 Column 2 Column 3
Department Most recent projected balance of net assets at 30 June 2008 at time when exceeded
$(000)
 Amount of net assets in excess of projected balance
$(000)
 
     
Agriculture and Forestry, Ministry of 28,733 193
     
Archives New Zealand 64,749 4
     
Clerk of the House of Representatives, Office of the 4,529 237
     
Economic Development, Ministry of 20,939 584
     
Environment, Ministry for the 4,887 371
     
Foreign Affairs and Trade, Ministry of 348,156 2,300
     
Internal Affairs, Department of 42,267 2,425
     
Justice, Ministry of 634,635 183
     
National Library of New Zealand 105,410 397
     

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Appropriation (2007/08 Financial Review) Act 2009. The reprint incorporates all the amendments to the Act as at 2 September 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Appropriation (2009/10 Estimates) Act 2009 (2009 No 28): section 12