Appropriation (2008/09 Financial Review) Act 2010

  • repealed
  • Appropriation (2008/09 Financial Review) Act 2010: repealed, on 6 August 2010, by section 12 of the Appropriation (2010/11 Estimates) Act 2010 (2010 No 96).

Reprint
as at 6 August 2010

Crest

Appropriation (2008/09 Financial Review) Act 2010

Public Act2010 No 4
Date of assent22 March 2010
Commencementsee section 2
  • Appropriation (2008/09 Financial Review) Act 2010: repealed, on 6 August 2010, by section 12 of the Appropriation (2010/11 Estimates) Act 2010 (2010 No 96).


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.


1 Title
  • This Act is the Appropriation (2008/09 Financial Review) Act 2010.

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 2009; and

    • (b) validate other financial matters relating to the financial year ended 30 June 2009 and previous financial years.

4 Interpretation
  • In this Act, unless the context otherwise requires, the terms capital expenditure, department, expenses, financial year, other expenses, output expenses, outputs, 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 incurred in excess of existing appropriations and approved by Minister of Finance
  • (1) The incurring of expenses approved by the Minister of Finance under section 26B of the Public Finance Act 1989 for the financial year ended 30 June 2009 and described in subsections (2) and (3) is confirmed.

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

    (3) The approved expenses 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 2009, 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 Māori Affairs
  • (1) The incurring of expenses by Te Puni Kōkiri in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that for the financial year ended 30 June 2008, Te Puni Kōkiri incurred expenses of $13,000 for the management of land administered under Part 2 of the Maori Affairs Restructuring Act 1989 in respect of Vote Māori Affairs without appropriation, or other authority, by or under an Act.

9 Validation of expenses incurred in respect of Vote Transport
  • (1) The incurring of expenses by the Ministry of Transport in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that—

    • (a) the Ministry of Transport incurred expenses of—

      • (i) $7,000 for the financial year ended 30 June 2005; and

      • (ii) $14,000 for the financial year ended 30 June 2006; and

      • (iii) $14,000 for the financial year ended 30 June 2007; and

      • (iv) $14,000 for the financial year ended 30 June 2008; and

    • (b) each of those amounts was outside the scope of the existing appropriation International Memberships in Vote Transport.

10 Validation of expenses incurred in respect of Vote Treaty Negotiations
  • (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 2008, the Ministry of Justice incurred expenses of $1,026,000 outside the scope of the existing appropriation Historical Treaty of Waitangi Settlements in Vote Treaty Negotiations.

11 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 2008/09 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 2008/09 financial year—

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


Schedule  1
Expenses incurred in excess of existing appropriation during year ended 30 June 2009 and approved by Minister of Finance confirmed

s 6

Column 1 Column 2 Column 3 Column 4
Administering department Vote Appropriation 
Expenses approved in excess of appropriation
$(000)
       
Crown Law Office Attorney-General Departmental output expenses  
   Supervision and Conduct of Crown Prosecutions 556
       
Economic Development, Ministry of Commerce Departmental output expenses   
Administration of Insolvencies 158
       
Education, Ministry of Education Non-departmental output expenses   
   School Transport 892
       
Fisheries, Ministry of Fisheries Non-departmental other expenses   
   Contributions to International Organisations 9
New Zealand Defence Force Defence Force Departmental output expenses   
    Land Combat Forces 3,417
    Land Combat Support Forces 435
    Maritime Patrol Forces 1,830
    Mine Countermeasures (MCM) and MCM Diving Forces 232
    Naval Combat Forces 2,818
    Naval Helicopter Forces 1,341
    Naval Support Forces 1,218
    Rotary Wing Transport Forces 87
    Special Operations Forces 584
       
Social Development, Ministry of Social Development Benefits and other unrequited expenses   
   Independent Youth Benefit 25
    Sickness Benefit 645
    Student Allowances 5,023

Schedule  2
Expenses incurred in excess of appropriation during year ended 30 June 2009 validated

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

Column 1 Column 2 Column 3 Column 4
Administering department Vote Appropriation 
Expenses in excess of appropriation
$(000)
       
Agriculture and Forestry, Ministry of Agriculture and Forestry Non-departmental output expenses  
   Management of Crown Forestry Assets 1,583
       
Defence, Ministry of Defence Departmental output expenses  
   Management of Equipment Procurement 1,116
       
Economic Development, Ministry of Economic Development Non-departmental other expenses  
   Large Budget Screen Production Fund 12,313
       
Environment, Ministry for the Climate Change Non-departmental other expenses  
   Framework Convention on Climate Change 25
       
Foreign Affairs and Trade, Ministry of Foreign Affairs and Trade Departmental output expenses  
   Policy Advice and Representation - International Institutions 929
       
Inland Revenue Department Revenue Benefits and other unrequited expenses  
    KiwiSaver: Interest 1,411
       
    Non-departmental other expenses  
    Impairment of Debt Relating to Child Support 29,258
    Impairment of Debt Relating to General Tax and Family Support 456,319
    Impairment of Debt Relating to Student Loans 392,100
       
Justice, Ministry of Courts Departmental output expenses  
   Higher Court Services 741
    Non-departmental other expenses  
    Costs in Criminal Cases 446
    Family Court Professional Services 1,514
    Witness Fees and Expenses 270
    Youth Court Professional Fees 266
       
  Justice Non-departmental output expenses  
    Legal Aid 5,520
       
Land Information New Zealand Lands Departmental output expenses  
   Land and Seabed Data Capture and Processing 670
       
New Zealand Police Police Departmental output expenses  
   Case Resolution and Support to Judicial Process 1,691
   Specific Crime Prevention Services and Maintenance of Public Order 271
Pacific Island Affairs, Ministry of Pacific Island Affairs Departmental output expenses  
   Communications 1,589
       
Prime Minister and Cabinet, Department of the Prime Minister and Cabinet Non-departmental other expenses  
  Depreciation Expenses on Crown Assets 3,395
       
Social Development, Ministry of Social Development Benefits and other unrequited expenses  
   Family Start/NGO Awards 9
       
Transport, Ministry of Transport Departmental output expenses  
   Land Transport Revenue Forecasting and Strategy 195

Schedule  3
Expenses and capital expenditure incurred without appropriation or other authority during year ended 30 June 2009 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)
         
Agriculture and Forestry, Ministry of Agriculture and Forestry Benefits and other unrequited expenses     
 Rural Veterinarians Bonding Scheme Without appropriation 99
         
Justice, Ministry of Justice Non-departmental other expenses    
   Contribution to Foreshore and Seabed Negotiation Costs Outside scope 250
         
  Treaty Negotiations Non-departmental other expenses    
    Historical Treaty of Waitangi Settlements Outside scope 3,036
    Māori Authorities (FoMA) Appeal Without appropriation 472
         
    Non-departmental capital expenditure    
    Advance Payment Against Notionally Accrued Interest Without appropriation 1,000
         
National Library of New Zealand National Library Departmental other expenses    
   Asset Write-Offs Without appropriation 2,584
         
New Zealand Defence Force Veterans' Affairs - Defence Force Benefits and other unrequited expenses    
   War Disablement Pensions Outside scope 27
         
    Non-departmental other expenses    
    Ex-Gratia Payments Without appropriation 243
         
Te Puni Kōkiri Māori Affairs Non-departmental other expenses    
   Management of Land Administered Under Part 2 of the Maori Affairs Restructuring Act 1989 Without appropriation 7
         
Transport, Ministry of Transport Non-departmental other expenses    
   Motor Vehicle Registration/Licenses and Road User Charges Bad Debt Provision Without appropriation 257
         
    Non-departmental capital expenditure    
    New Zealand Transport Agency Outside scope 6,990

Schedule 4
Excess departmental net asset holding during year ended 30 June 2009 validated

s 11

Column 1 Column 2 Column 3
Department Most recent projected balance of net assets at 30 June 2009 at time when exceeded
$(000)
 Amount of net assets in excess of projected balance
$(000)
 
     
Clerk of the House of Representatives, Office of the  5,527 223
     
Labour, Department of 66,370 1,711

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 (2008/09 Financial Review) Act 2010. The reprint incorporates all the amendments to the Act as at 6 August 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

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 New Zealand 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 (2010/11 Estimates) Act 2010 (2010 No 96): section 12