Appropriation (2010/11 Financial Review) Act 2012

  • repealed
  • Appropriation (2010/11 Financial Review) Act 2012: repealed, on 28 August 2012, by section 12 of the Appropriation (2012/13 Estimates) Act 2012 (2012 No 56).

Reprint
as at 28 August 2012

Coat of Arms of New Zealand

Appropriation (2010/11 Financial Review) Act 2012

Public Act2012 No 35
Date of assent7 May 2012
Commencementsee section 2
  • Appropriation (2010/11 Financial Review) Act 2012: repealed, on 28 August 2012, by section 12 of the Appropriation (2012/13 Estimates) Act 2012 (2012 No 56).


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.


Contents

1 Title

2 Commencement

3 Purposes

4 Interpretation

5 Confirmation of emergency expenses incurred without appropriation and approved by Minister of Finance

6 Confirmation of Order in Council directing transfer of amounts between output expense appropriations

7 Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance

8 Validation of unappropriated expenses incurred with authority

9 Validation of unappropriated expenses and capital expenditure incurred without authority

10 Validation of departmental net asset holding

Schedule 1
Confirmation of emergency expenses incurred without appropriation during year ended 30 June 2011 with approval of Minister of Finance

Schedule 2
Confirmation of expenses incurred in excess of existing appropriation during year ended 30 June 2011 with approval of Minister of Finance

Schedule 3
Validation of expenses incurred in excess of appropriations but with authority of Imprest Supply Act during year ended 30 June 2011

Schedule 4
Validation of expenses incurred without appropriation but with authority of Imprest Supply Act during year ended 30 June 2011

Schedule 5
Validation of expenses and capital expenditure incurred in excess of appropriations and without authority of Imprest Supply Act during year ended 30 June 2011

Schedule 6
Validation of expenses and capital expenditure incurred without appropriation and without authority of Imprest Supply Act during year ended 30 June 2011

Schedule 7
Validation of excess departmental net asset holding during year ended 30 June 2011


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Appropriation (2010/11 Financial Review) Act 2012.

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 2011; and

    • (b) validate other financial matters relating to the financial year ended 30 June 2011.

4 Interpretation
  • In this Act, unless the context otherwise requires, the terms benefit, capital expenditure, department, expenses, financial year, 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 emergency expenses incurred without appropriation and approved by Minister of Finance
  • (1) The incurring of emergency expenses approved by the Minister of Finance under section 25 of the Public Finance Act 1989 for the financial year ended 30 June 2011 and described in subsection (2) is confirmed.

    (2) The emergency expenses are the approved emergency expenses—

    • (b) incurred, without appropriation, against the categories of expenses set out in column 3 of Schedule 1 alongside the approved emergency expenses.

6 Confirmation of Order in Council directing transfer of amounts between output expense appropriations
7 Confirmation of expenses incurred in excess of existing appropriation 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 2011 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 2.

    (3) The approved expenses are shown in column 4 of Schedule 2 alongside the existing appropriation for which the approval was given.

8 Validation of unappropriated expenses incurred with authority
  • (1) The incurring of expenses by a department in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that,—

    • (a) for the financial year ended 30 June 2011, the department incurred—

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

      • (ii) expenses without appropriation against the categories of expenses set out in column 3 of Schedule 4 alongside that department; and

    • (b) the expenses referred to in paragraph (a) were incurred under the authority of an Imprest Supply Act.

    (3) In this section,—

    department means a department set out in column 1 of, as appropriate, Schedule 3 or 4

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

9 Validation of unappropriated expenses and capital expenditure incurred without authority
  • (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,—

    • (a) for the financial year ended 30 June 2011, the department incurred—

      • (i) expenses or capital expenditure in excess of the existing appropriations set out in column 3 of Schedule 5 alongside that department; or

      • (ii) expenses or capital expenditure without appropriation, or other authority, by or under an Act against the categories of expenses or capital expenditure set out in column 3 of Schedule 6 alongside that department; and

    • (b) the expenses and capital expenditure referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

    (3) In this section,—

    capital expenditure means the capital expenditure set out in column 4 of, as appropriate, Schedule 5 or 6 alongside the relevant department

    department means a department set out in column 1 of, as appropriate, Schedule 5 or 6

    expenses means the expenses set out in column 4 of, as appropriate, Schedule 5 or 6 alongside the relevant department.

10 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 assets, as set out in column 3 of Schedule 7, in the department that, during or at the end of the financial year ended 30 June 2011, 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 7

    most recent projected balance of net assets means the most recent projected balance of net assets for a department at the end of the financial year ended 30 June 2011—

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


Schedule 1
Confirmation of emergency expenses incurred without appropriation during year ended 30 June 2011 with approval of Minister of Finance

s 5

Column 1 Column 2 Column 3 Column 4
Administering department Vote Category of expenses 
Approved emergency expenses
$(000)
       
Internal Affairs, Department of Emergency Management Non-departmental other expenses  
   February 2011 Christchurch Earthquake National Controller Costs 19,281
   Emergency Expenses 8,695
       
Treasury Finance Non-departmental other expenses  
   Earthquake Commission Emergency Repairs and Inspections of Uninsured Properties 86
       

Schedule 2
Confirmation of expenses incurred in excess of existing appropriation during year ended 30 June 2011 with approval of Minister of Finance

s 7

Column 1 Column 2 Column 3 Column 4
Administering department Vote Appropriation 
Expenses approved in excess of appropriation
$(000)
       
New Zealand Defence Force Defence Force Departmental output expenses  
   Naval Helicopter Forces 990

Schedule 3
Validation of expenses incurred in excess of appropriations but with authority of Imprest Supply Act during year ended 30 June 2011

s 8(2)(a)(i), (3)

Column 1 Column 2 Column 3 Column 4
Administering department Vote Appropriation 
Expenses in excess of appropriation
$(000)
       
Justice, Ministry of Justice Non-departmental output expenses  
   Producing and Maintaining Electoral Rolls 185
   Provision of Services from the Electoral Commission 550

Schedule 4
Validation of expenses incurred without appropriation but with authority of Imprest Supply Act during year ended 30 June 2011

s 8(2)(a)(ii), (3)

Column 1 Column 2 Column 3 Column 4
Administering department Vote Category of expenses 
Expenses
$(000)
       
Canterbury Earthquake Recovery Authority Canterbury Earthquake Recovery Non-departmental other expenses  
  Acquisition of Canterbury Red Zone Properties 1,038,958

Schedule 5
Validation of expenses and capital expenditure incurred in excess of appropriations and without authority of Imprest Supply Act during year ended 30 June 2011

s 9(2)(a)(i), (3)

Column 1 Column 2 Column 3 Column 4
Administering department Vote Appropriation 
Expenses or capital expenditure in excess of appropriation
$(000)
       
Building and Housing, Department of Housing Benefits and other unrequited expenses  
   KiwiSaver Deposit Subsidy 691
       
    Non-departmental capital expenditure  
    Canterbury Earthquake: Acquisition of Emergency and Temporary Accommodation 1,366
       
Crown Law Office Attorney-General Departmental output expenses  
   Conduct of Criminal Appeals 220
       
Economic Development, Ministry of Commerce Non-departmental capital expenditure  
   Investment in the Financial Markets Authority 1,450
      
 Economic Development Non-departmental other expenses  
   Major Events Development Fund 740
       
Environment, Ministry for the Environment Non-departmental other expenses  
   Waikato River Co-Management 1,219
   Waikato River Clean-up Fund 3,084
      
 Climate Change Non-departmental other expenses  
   Impairment of Debt Relating to the New Zealand Emissions Trading Scheme 2,484
       
Foreign Affairs and Trade, Ministry of Official Development Assistance Non-departmental other expenses  
  International Agency Funding 25,354
       
Health, Ministry of Health Non-departmental capital expenditure  
   Residential Care Loans 344
       
Inland Revenue Department Revenue Benefits and other unrequited expenses  
   KiwiSaver Kickstart Payment 10,797
       
Internal Affairs, Department of Ministerial Services Non-departmental other expenses  
   Travel for Former Governors-General and Prime Ministers 105
       
New Zealand Police Police Departmental output expenses  
   Police Primary Response Management 2,306
New Zealand Security Intelligence Service Security Intelligence Intelligence and security department expenses and capital expenditure  
   Security Intelligence 433
       
Parliamentary Service Parliamentary Service Non-departmental other expenses  
   Party and Member Support—ACT 10
       
Social Development, Ministry of Social Development Benefits and other unrequited expenses  
   Redundancy Assistance 75
   Special Circumstance Assistance 7,562

Schedule 6
Validation of expenses and capital expenditure incurred without appropriation and without authority of Imprest Supply Act during year ended 30 June 2011

s 9(2)(a)(ii), (3)

Column 1 Column 2 Column 3 Column 4
Administering department Vote Category of expenses or capital expenditure 
Expenses or capital expenditure
$(000)
       
Economic Development, Ministry of Economic Development Non-departmental capital expenditure  
   Venture Investment Fund 3,420
       
Education, Ministry of Education Benefits and other unrequited expenses  
   Mapihi Pounamu 156
       
Health, Ministry of Health Non-departmental capital expenditure  
   Refinancing of DHB Private Debt 70,000
       
Inland Revenue Department Revenue Benefits and other unrequited expenses  
   KiwiSaver: Employer Tax Credit 197
       
Labour, Department of ACC Non-departmental capital expenditure  
   Dispute Resolution Services Limited Equity Transfer 1,335
       
Land Information New Zealand Lands Non-departmental other expenses  
   Crown Obligations—Loss on Disposal 246
       
Parliamentary Service Parliamentary Service Non-departmental other expenses  
   Members' Communications 120
       
Treasury Finance Non-departmental capital expenditure  
   Dispute Resolution Services Limited Equity Transfer 1,335

Schedule 7
Validation of excess departmental net asset holding during year ended 30 June 2011

s 10

Column 1 Column 2 Column 3
Department Most recent projected balance of net assets at 30 June 2011 at time when exceeded
$(000)
 Amount of net assets in excess of projected balance
$(000)
 
     
New Zealand Customs Service 55,728 751
     
New Zealand Police 891,275 10
     
State Services Commission 7,225 1,270

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 (2010/11 Financial Review) Act 2012. The reprint incorporates all the amendments to the Act as at 28 August 2012, 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 (2012/13 Estimates) Act 2012 (2012 No 56): section 12