Public Finance Amendment Act 2013

Coat of Arms of New Zealand

Public Finance Amendment Act 2013

Public Act
 
2013 No 50
Date of assent
 
17 July 2013
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 1A amended (Purpose)
5Section 2 amended (Interpretation)
6New section 2A inserted (Provisions affecting application of amendments to this Act)
2AProvisions affecting application of amendments to this Act
7Section 3A replaced (Power to amend Schedule 4)
3APower to amend Schedule 4
3ABPower to amend Schedule 4A
8Section 4 amended (Expenses or capital expenditure must not be incurred unless in accordance with appropriation or statutory authority)
9New section 4A inserted (Authority to incur expenses or capital expenditure under Imprest Supply Act)
4AAuthority to incur expenses or capital expenditure under Imprest Supply Act
10New section 7C inserted (Responsibility for, and administration and use of, appropriations)
7CResponsibility for, and administration and use of, appropriations
11Section 11 amended (Expenses or payments authorised other than by Appropriation Act)
12Section 19 amended (Power of Secretary to obtain information)
13Section 20 repealed (Departments may incur output expenses for, or on behalf of, other departments)
14Section 25 amended (Expenses or capital expenditure may be incurred in emergencies)
15Section 26Z amended (Power of Secretary to obtain information)
16Section 27 amended (Annual financial statements of Government)
17Section 29A amended (Power of Secretary to obtain information)
18Section 29B amended (Auditor-General to be auditor of Government reporting entity)
19Section 31 amended (Annual financial statements must be presented to House of Representatives)
20Section 31A amended (Monthly financial statements of Government)
21Section 31B repealed (Publication, inspection, and purchase of financial statements of Government reporting entity)
22Part 4 heading amended
23Sections 33 to 36 and cross-heading above section 34 replaced
33Extended meaning of department for purpose of Part 4
34Responsibilities of chief executives: financial management of departmental matters
35Responsibilities of chief executives: financial management of non-departmental matters
36Responsibilities of chief executives: reporting
24Section 37 amended (Power of departmental chief executives to obtain information)
25Sections 43 and 44 replaced
43Departments must prepare annual reports
43ADepartmental agencies must prepare annual reports
44Obligation to present and publish annual reports
26Section 45 amended (Contents of departmental annual report)
27New section 45AA inserted (Contents of departmental agency annual report)
45AAContents of departmental agency annual report
28Section 45H amended (Application of subpart)
29Sections 45I to 45K replaced
45IFirst annual report for newly established entities
45JFinal annual report for disestablished entities
45KFinal annual report for entities that cease to be subject to requirement to provide annual report
30Sections 45M and 45N and subpart 2 heading in Part 5 replaced
45MApplication of Crown Entities Act 2004 to Schedule 4 organisations
45NExemptions from certain sections of Crown Entities Act 2004 for Schedule 4 organisations
31New Part 5AAA inserted
45OAApplication of Crown Entities Act 2004 to non-listed companies in which the Crown is majority or sole shareholder
32Section 49 amended (The Crown not liable for debts of Crown entities, etc)
33Section 65I amended (Investment of public money)
34Section 65K replaced (The Crown must not lend money except under statute)
65KThe Crown must not lend money except under statute
35Section 65N repealed (Authority to lend money includes authority to defer payments)
36Section 65Z amended (Auditor-General may direct Ministers to report to House of Representatives in cases involving unlawful expenses, etc)
37Section 65ZA amended (Auditor-General may stop payments out of Bank Accounts)
38Section 65ZD amended (Minister may give guarantee or indemnity if in public interest)
39Section 65ZE amended (Departments may give guarantee or indemnity specified in regulations if in public interest)
40Section 67 amended (Establishment of bank accounts for trust money)
41Section 71AA amended (Delegation of Secretary’s powers)
42Section 73 amended (Payment of fines to local authorities and other organisations that conduct prosecutions)
43Section 74 amended (Unclaimed money)
44Section 75 amended (Minister may exercise powers relating to bona vacantia)
45Section 76 amended (Offences)
46Section 80 amended (Treasury instructions)
47Section 80A amended (Minister of Finance instructions)
48Section 81 amended (Regulations, Orders in Council, and notices)
49Section 82 amended (Consultation and approval requirements for regulations or instructions relating to reporting standards)
50Section 83 repealed (Abolition of certain accounts)
51Sections 85 to 87 repealed
52Section 88 replaced (Transitional provisions)
88Application, savings, and transitional provisions relating to amendments to Act
53Schedule 1 replaced
54Schedule 2 repealed
55Schedule 4 amended
56New Schedule 4A inserted
57Consequential amendments arising from amendments to Public Finance Act 1989 that come into force on day after Royal assent
58Section 2 amended (Interpretation)
59Section 7 replaced (Separate appropriation required for types of expenses and capital expenditure)
7Expenses and capital expenditure must be allocated to appropriation type
7AAppropriation types
7BRequirements for multi-category appropriations
60Section 9 amended (Appropriation limited by scope)
61Section 12 amended (Timing of first Appropriation Bill for financial year)
62New sections 12A and 12B and cross-heading inserted
12ACapital injections must be authorised
12BAuthority to make capital injections under Imprest Supply Act
63Section 13 amended (Estimates and other supporting information must be presented with first Appropriation Bill)
64Sections 14 and 15 replaced
14Content of Estimates
15Main Appropriation Bill: supporting information relating to Votes
15AMain Appropriation Bill: supporting information relating to appropriations
15BComparative information requirements if no directly corresponding appropriation or category
15CEnd-of-year performance information requirements
15DExemptions from end-of-year performance information requirements for certain categories of expenses and capital expenditure
15EMain Appropriation Bill: supporting information relating to capital injections
15FMinister may present further supporting information
65Section 16 amended (Supplementary Estimates must be presented with Supplementary Appropriation Bill)
66Section 17 replaced (Content of Supplementary Estimates)
17Content of Supplementary Estimates
17ASupplementary Appropriation Bill: supporting information relating to appropriations
17BSupplementary Appropriation Bill: supporting information relating to capital injections
67Section 18 amended (Minister must consult on proposal to change format or content of information presented with Appropriation Bills)
68Section 19 amended (Power of Secretary to obtain information)
69New sections 19A to 19C and cross-heading inserted
19AProvision of end-of-year performance information other than by Ministers
19BProvision of end-of-year performance information by Ministers
19CRequirements for end-of-year performance information
70Section 22 amended (Operating surplus of department)
71Section 23 repealed (Net assets of departments must be confirmed)
72Section 24 amended (Movements within departmental statement of financial position)
73New section 25A inserted (Capital injections may be made in emergencies)
25ACapital injections may be made in emergencies
74Section 26 amended (Minister may determine terms and conditions of capital injections)
75New section 26CA inserted (Capital injections made without authority or approval require validation by Parliament)
26CACapital injections made without authority or approval require validation by Parliament
76Section 26D amended (Reporting requirements in relation to expenses or capital expenditure incurred in excess of, or without, appropriation)
77Section 26E replaced (Application of this Part to Offices of Parliament)
26EApplication of this Part to Offices of Parliament
78Section 27 amended (Annual financial statements of Government)
79Section 32A repealed (Additional reports in relation to non-departmental appropriations)
80Sections 38 to 41 and cross-heading above section 38 replaced
38Departments must provide information on strategic intentions
38AResponsible Minister may require department to provide information on strategic intentions at any time
39Obligation to publish and present information on strategic intentions
40Requirements for information on strategic intentions
41Minister may grant extension of time for, or waive, requirement to provide information on strategic intentions
81Section 42 repealed (Information on future operating intentions must include statement of responsibility)
82Section 45 replaced (Contents of annual report of department)
45Contents of annual report of department
83Section 45AA amended (Contents of departmental agency annual report)
84Section 45A replaced (Statement of service performance)
45AStatements of expenses and capital expenditure
85Section 45B amended (Annual financial statements)
86New section 45BA inserted (Forecast financial statements)
45BAForecast financial statements
87Section 45C replaced (Statement of responsibility)
45CStatement of responsibility
88Section 45D amended (Audit report)
89Section 45E amended (Application of this Part to intelligence and security departments)
90Section 45F replaced (Application of this Part to Offices of Parliament)
45FApplication of this Part to Offices of Parliament
91Section 45G repealed (This Part modified for purpose of applying Part to Offices of Parliament)
92Section 45I amended (First annual report for newly established entities)
93Section 45L amended (Minister may allow certain information to be included in another entity’s annual report if operations transferred)
94Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
95Section 45N amended (Exemptions from certain sections of Crown Entities Act 2004 for Schedule 4 organisations)
96Section 45OA amended (Application of Crown Entities Act 2004 to non-listed companies in which the Crown is majority or sole shareholder)
97Section 61 repealed (Expenses in respect of money borrowed by the Crown)
98Section 65D amended (Payments under public securities)
99Section 65E repealed (Expenses in respect of securities)
100Section 65H amended (Payments relating to derivative transactions of the Crown)
101Section 65J repealed (Payment of expenses relating to investment)
102New subpart 7 of Part 6 inserted
65ZHPermanent legislative authority for payment of certain expenses
103Schedule 4 amended
104Consequential amendments arising from amendments to Public Finance Act 1989 that come into force on 1 July 2014
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: