Statutes Amendment Act 2016

Coat of Arms of New Zealand

Statutes Amendment Act 2016

Public Act
 
2016 No 104
Date of assent
 
16 December 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 139 amended (Corporation’s duties to secure independence of reviewer)
5Principal Act
6Section 9 amended (Bylaws)
7Principal Act
8Section 14 amended (Exercise of discretion when considering bail pending appeal)
9Section 53 amended (Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge)
10Section 54 amended (Granting of bail to appellant in custody or on home detention pending appeal to High Court)
11Section 55 amended (Granting of bail to appellant in custody or on home detention pending appeal to Court of Appeal or Supreme Court)
12Principal Act
13Section 113B amended (Effect of special guardianship order)
14Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)
15Section 145 amended (Agreement not to be made without approval of family group conference)
16Principal Act
17New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
18Section 13 replaced (Levy orders to expire after 6 years)
13Levy orders in force no more than 6 years unless extended
19New Schedule 1AA inserted
20Principal Act
21Section 11 amended (Regional identity of community trusts)
22New section 16A inserted (Adjustment to areas or regions of adjoining community trusts)
16AAdjustment to areas or regions of adjoining community trusts
23Principal Act
24New section 209C inserted (Alternative obligations for FMC reporting entities)
209CAlternative obligations for FMC reporting entities
25Principal Act
26Section 38 amended (Hunting, etc)
27Principal Act
28Section 3 amended (Interpretation)
29Section 8 amended (Powers and functions of chief executive)
30Cross-heading above section 24 amended
31Section 25 amended (Functions of probation officers)
32Section 34 amended (Detention of prisoners)
33Section 47 amended (Security classifications)
34Section 103 amended (Detention pending investigation by Police)
35Section 156 amended (Investigation of complaints by inspector of corrections)
36Section 182A amended (Information sharing about child sex offenders)
37Section 182B amended (Definition of child sex offender)
38Principal Act
39Section 107 amended (Directions to support whole of government approach)
40Section 110 replaced (Obligation to give effect to direction)
110Obligation to give effect to direction
41Section 139B amended (Minister may grant extension of time for, or waive, requirement to provide statement of intent)
42Section 149L amended (Obligation to publish and present statement of performance expectations)
43Principal Act
44Section 103 amended (Personal grievance)
45Principal Act
46New section 6A inserted (Transitional, savings, and related provisions)
6ATransitional, savings, and related provisions
47Section 186A amended (Temporary closure of fishing area or restriction on fishing methods)
48Section 186B amended (Temporary closure of fisheries)
49Section 197 amended (Appointment of honorary fishery officers)
50New Schedule 1AA inserted
51Principal Act
52Section 48 amended (Powers of Minister over roads under Minister’s control)
53Section 61 amended (Powers and duties of Agency in relation to State highways)
54Principal Act
55Section 42 amended (Rules of court)
56Principal Act
57Section 54 amended (Application for, and conferral of, protection on quality assurance activity)
58Principal Act
59Section 30ZH amended (Duties regarding logbooks)
60Section 98 amended (Release of vehicle after 28 days)
61Section 119 amended (Powers of entry)
62Section 165 amended (Incorporation by reference)
63Principal Act
64Section 52 amended (Who is liable to pay toll)
65Principal Act
66Section 23 amended (Services and funding subject to Speaker’s directions)
67Principal Act
68Section 23 amended (Powers of Minister to prohibit prescribing, etc)
69Principal Act
70Schedule 4 amended
71Principal Act
72Section 22 amended (By whom oath of allegiance and judicial oath to be taken)
73Schedule 2 amended
74Principal Act
75Section 14 amended (Functions of Parliamentary Service Commission)
76Principal Act
77Section 94A amended (Creation of enduring power of attorney)
78New section 95A inserted (Notice revoking earlier enduring power of attorney)
95ANotice revoking earlier enduring power of attorney
79Section 99A amended (Attorney’s duty to consult)
80Section 99D amended (Medical certification of incapacity)
81Section 106 amended (Circumstances in which enduring power of attorney shall cease to have effect)
82New section 106A inserted (Revocation of appointment of attorneys with several authority)
106ARevocation of appointment of attorneys with several authority
83Section 112 amended (Regulations)
84Principal Act
85Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
86Principal Act
87Section 22 amended (Special licences)
88Section 102 amended (Objections to applications)
89Section 103 amended (Police, Medical Officer of Health, and inspector must inquire into applications)
90Section 141 amended (Inquiry into applications by Police, inspector, and Medical Officer of Health)
91Section 360 amended (Existing community trust continues in existence)
92New section 415A inserted (Application of amendments to section 360 and Schedule 1)
415AApplication of amendments to section 360 and Schedule 1
93Schedule 1 amended
94Principal Act
95Section 30 amended (No sentence of imprisonment to be imposed without opportunity for legal representation)
96Section 69I amended (Variation or cancellation of sentence of community detention)
97Section 80F amended (Application for variation or cancellation of sentence of home detention)
98Section 80FA amended (Chief executive of Department of Corrections may vary offender’s home detention address)
99Section 80N amended (Imposition of post-detention conditions on offender)
100Section 80ZGD amended (Effect of appeal on resumption of sentence of home detention)
101Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)
102Section 123C amended (Provisions applying to protection order made under section 123B)
103Section 123D amended (Explanation of protection order)
104Section 123G amended (Protection order treated as if made by Family Court)
105Principal Act
106Section 2 amended (Interpretation)
107Section 43 amended (Review of performance of chief executive)
108Principal Act
109Section 36 amended (Application for exemption)
110Schedule 2 amended
111Principal Act
112Section 7A amended (Noxious animals)
113Schedule 6 heading replaced
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Statutes Amendment Act 2016.

2 Commencement

(1)

Part 23 comes into force 90 days after the date on which this Act receives the Royal assent.

(2)

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Accident Compensation Act 2001

3 Principal Act

This Part amends the Accident Compensation Act 2001 (the principal Act).

4 Section 139 amended (Corporation’s duties to secure independence of reviewer)

(1)

Replace section 139(1) with:

(1)

The Corporation must not engage as a reviewer a person who is currently—

(a)

employed by the Corporation; or

(b)

engaged by the Corporation to make decisions on claims in a capacity other than that of reviewer; or

(c)

employed or engaged by a subsidiary of the Corporation.

(2)

(3)

In section 139(3), replace “the reviewer’s contract” with “a contract with a reviewer”.

Part 2 Airport Authorities Act 1966

5 Principal Act

This Part amends the Airport Authorities Act 1966 (the principal Act).

6 Section 9 amended (Bylaws)

In section 9(1)(ff), replace “the insertion of suitable advertisements in a newspaper circulating in the district where the airport is situated” with “publicising the sale in what the authority considers to be a fair and reasonable manner”.

Part 3 Bail Act 2000

7 Principal Act

This Part amends the Bail Act 2000 (the principal Act).

8 Section 14 amended (Exercise of discretion when considering bail pending appeal)

(1)

Replace section 14(1) with:

(1)

This section applies if an appellant—

(a)

is appealing his or her conviction or sentence, or both; and

(b)

is—

(i)

in custody; or

(ii)

in a home detention residence subject to a sentence of home detention.

(1A)

The court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.

(2)

In section 14(3), replace “subsection (1)” with “subsection (1A)”.

9 Section 53 amended (Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge)

Replace section 53(1) with:

(1)

This section applies if an appellant—

(a)

is appealing his or her conviction or sentence, or both, to the District Court presided over by a District Court Judge; and

(b)

is—

(i)

in custody; or

(ii)

in a home detention residence subject to a sentence of home detention.

10 Section 54 amended (Granting of bail to appellant in custody or on home detention pending appeal to High Court)

Replace section 54(1) with:

(1)

This section applies if an appellant—

(a)

is appealing his or her conviction or sentence, or both, to the High Court; and

(b)

is—

(i)

in custody; or

(ii)

in a home detention residence subject to a sentence of home detention.

11 Section 55 amended (Granting of bail to appellant in custody or on home detention pending appeal to Court of Appeal or Supreme Court)

Replace section 55(1) with:

(1)

This section applies if an appellant—

(a)

is appealing his or her conviction or sentence, or both, to the Court of Appeal or the Supreme Court; and

(b)

is—

(i)

in custody; or

(ii)

in a home detention residence subject to a sentence of home detention.

Part 4 Children, Young Persons, and Their Families Act 1989

12 Principal Act

This Part amends the Children, Young Persons, and Their Families Act 1989 (the principal Act).

13 Section 113B amended (Effect of special guardianship order)

In section 113B(2)(a) (as inserted by section 22 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014), replace “section 121(2)(c) or (d)” with “section 121(2)(d) or (e)”.

14 Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)

In section 140(3) (as inserted by section 27(4) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014), delete “convened for the purpose”.

15 Section 145 amended (Agreement not to be made without approval of family group conference)

(1)

In the heading to section 145, after made, insert , extended, or terminated.

(2)

Replace section 145(2) (as amended by section 29(2) and (3) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014) and (3) with:

(2)

A care and protection co-ordinator must convene or reconvene a family group conference if it is proposed that—

(a)

an agreement be entered into under section 140(1), 141(2), or 142(2); or

(b)

an agreement entered into under section 140(1)(d), 141(2), or 142(2) be extended; or

(c)

an agreement entered into under section 140(1)(d), 141(2), or 142(2) be terminated other than in the manner specified in the agreement in accordance with section 146(1)(c).

(3)

If a family group conference has been convened or reconvened other than under subsection (2) in relation to a child or young person, the conference may consider a proposal referred to in subsection (2) concerning the child or young person as if the conference had been convened or reconvened under that subsection.

(4)

To the extent that they are relevant, sections 20 to 36, with all necessary modifications, apply to the convening or reconvening of a family group conference under subsection (2).

Part 5 Commodity Levies Act 1990

16 Principal Act

This Part amends the Commodity Levies Act 1990 (the principal Act).

17 New section 2A inserted (Transitional, savings, and related provisions)

After section 2, insert:

2A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

18 Section 13 replaced (Levy orders to expire after 6 years)

Replace section 13 with:

13 Levy orders in force no more than 6 years unless extended

(1)

A levy order is in force for a period of 6 years and, unless extended under subsection (2) or sooner revoked, is revoked at the end of that 6-year period.

(2)

The Governor-General may extend the period for which a levy order is in force by a specified period of not more than 5 years by Order in Council made—

(a)

on the recommendation of a Minister, given after complying with the requirements of section 5 (except section 5(1)(b)); and

(b)

at least 12 months before the levy order would otherwise be revoked.

(3)

The Governor-General may make multiple Orders in Council under subsection (2) in respect of the same levy order.

(4)

Section 12 applies to a levy order that is extended under subsection (2) as if the extension is the making of the order.

19 New Schedule 1AA inserted

After section 26, insert the Schedule 1AA set out in Schedule 1 of this Act.

Part 6 Community Trusts Act 1999

20 Principal Act

This Part amends the Community Trusts Act 1999 (the principal Act).

21 Section 11 amended (Regional identity of community trusts)

In section 11(2), replace “sections 17” with “sections 16A, 17,”.

22 New section 16A inserted (Adjustment to areas or regions of adjoining community trusts)

Before section 17, insert:

16A Adjustment to areas or regions of adjoining community trusts

(1)

The trustees of 2 or more adjoining community trusts may, in accordance with a resolution passed by not less than 75% of the trustees of each trust, submit to the Minister a scheme to adjust the areas or regions of the community trusts by adjusting the adjoining boundaries of those community trusts.

(2)

A scheme submitted under subsection (1) must—

(a)

state the names of the community trusts:

(b)

state the names of the trustees of the community trusts:

(c)

state the proposed adjustment to the areas or regions of the community trusts:

(d)

have annexed to it the trust deeds establishing the community trusts:

(e)

have annexed to it the proposed changes to the trust deeds establishing the community trusts:

(f)

have annexed to it any proposed transfer of property, rights, assets, or liabilities between the community trusts to reflect the proposed adjustment to the areas or regions:

(g)

contain a summary of any submissions made under subsection (4):

(h)

contain such other matters as may be appropriate:

(i)

be dated.

(3)

The trustees of the community trusts must supply to the Minister any additional information relating to the scheme required by the Minister.

(4)

Before submitting a scheme to the Minister under subsection (1), the trustees of each community trust must—

(a)

give notice in the Gazette and in 1 or more principal newspapers circulating in the area or region of the trust—

(i)

stating that the trustees of the trust intend to submit the scheme to the Minister; and

(ii)

specifying details of the scheme; and

(iii)

stating that any person residing in the area or region of the trust may, within 28 days after the last publication of the notice, make written submissions to the trustees regarding the scheme; and

(b)

have regard to any submissions made within that period.

(5)

The Governor-General may, on the advice of the Minister, by Order in Council, approve a scheme to adjust the adjoining boundaries of the trusts so that the areas or regions of 2 or more adjoining community trusts are adjusted to areas or regions described in the order.

(6)

On a date specified in the order,—

(a)

the areas or regions of the community trusts are adjusted to the areas or regions described in the proposed changes to the trust deeds submitted to the Minister under subsection (2)(e); and

(b)

property, rights, assets, or liabilities proposed to be transferred under the scheme vest in the trustees of the community trusts in any manner proposed in subsection (2)(f), and are held by them on and subject to the trusts contained in the trust deeds.

Part 7 Companies Act 1993

23 Principal Act

This Part amends the Companies Act 1993 (the principal Act).

24 New section 209C inserted (Alternative obligations for FMC reporting entities)

After section 209B, insert:

209C Alternative obligations for FMC reporting entities

(1)

This section applies, in respect of a company (company A) that is an FMC reporting entity, on and after the date on which FMC regulations impose obligations on any company in relation to the way in which it must make its annual report available (including by electronic means).

(2)

If company A is an issuer of regulated products within the meaning of the FMC Act that is required to comply with those FMC regulations, sections 209 to 209B do not apply to an annual report to which the FMC regulations apply.

(3)

If company A is not an issuer of regulated products within the meaning of the FMC Act that is required to comply with those FMC regulations, the board of the company may elect, in respect of an annual report, to comply with the FMC regulations instead of with sections 209 to 209B (as if company A were an issuer of that type).

(4)

If subsection (3) applies,—

(a)

if the board complies with the FMC regulations, there is no liability for breach of sections 209 to 209B; and

(b)

if the board fails to comply with the FMC regulations, every director is liable for a breach of sections 209 to 209B (except to the extent that the board complies with those sections), but is not liable under the FMC Act.

(5)

In this section,—

annual report

(a)

means a report prepared under section 208; and

(b)

includes a concise annual report (if any)

FMC Act means the Financial Markets Conduct Act 2013

FMC regulations means regulations made under section 543(1)(e) of the FMC Act that impose obligations on any FMC reporting entities in relation to the way in which an entity must make its annual report available under either or both of sections 96 and 97 of the FMC Act (including by electronic means)

FMC reporting entity has the same meaning as in section 451 of the FMC Act.

(6)

Regulations may be made under section 543(1)(e) of the FMC Act for the purpose of this section.

Part 8 Conservation Act 1987

25 Principal Act

This Part amends the Conservation Act 1987 (the principal Act).

26 Section 38 amended (Hunting, etc)

In section 38(4)(e) and (g), after “net,”, insert “trap,”.

Part 9 Corrections Act 2004

27 Principal Act

This Part amends the Corrections Act 2004 (the principal Act).

28 Section 3 amended (Interpretation)

(1)

In section 3(1), definition of authorised property, replace “may be issued to a prisoner” with “prisoners may be issued with or allowed to keep”.

(2)

In section 3(1), definition of person under control or supervision, repeal paragraph (d).

29 Section 8 amended (Powers and functions of chief executive)

In section 8(1)(c), delete “serving a sentence of imprisonment on home detention, or”.

30 Cross-heading above section 24 amended

In the cross-heading above section 24, replace parole, or sentences of imprisonment served on home detention with or parole.

31 Section 25 amended (Functions of probation officers)

In section 25(1)(a), delete “or while serving a sentence of imprisonment on home detention,”.

32 Section 34 amended (Detention of prisoners)

In section 34(1), delete “(other than a person who is serving a sentence of imprisonment on home detention)”.

33 Section 47 amended (Security classifications)

34 Section 103 amended (Detention pending investigation by Police)

Replace section 103(2) with:

(2)

An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled in the circumstances to exercise any statutory search power.

35 Section 156 amended (Investigation of complaints by inspector of corrections)
36 Section 182A amended (Information sharing about child sex offenders)

In section 182A(3)(a), delete “detention conditions (if the offender is serving a sentence of imprisonment on home detention),”.

37 Section 182B amended (Definition of child sex offender)

(1)

In section 182B(1), after “means a person”, delete “who”.

(2)

In section 182B(1)(a), before “has”, insert “who”.

(3)

In section 182B(1)(c), delete “detention conditions (if the offender is serving a sentence of imprisonment on home detention),”.

Part 10 Crown Entities Act 2004

38 Principal Act

This Part amends the Crown Entities Act 2004 (the principal Act).

39 Section 107 amended (Directions to support whole of government approach)

In section 107(2A), replace “subsection (2)(a)” with “subsection (2)(a) and (c)”.

40 Section 110 replaced (Obligation to give effect to direction)

Replace section 110 with:

110 Obligation to give effect to direction

(1)

Every Crown entity within the category or type or group of Crown entities to which a direction is given under section 107 must give effect to the direction on—

(a)

the date on which the direction comes into force under section 109; or

(b)

any later date specified in the direction in relation to that Crown entity or to the category or type or group of Crown entities to which the Crown entity belongs.

(2)

If a Crown entity is established on or after the date on which a direction is given under section 107 (a new Crown entity) and the direction was given to a category or type of Crown entities to which the new Crown entity belongs, the new Crown entity must give effect to the direction on—

(a)

the date on which the new Crown entity is established; or

(b)

any later date on which a Crown entity within that category or type of Crown entity must give effect to the direction in accordance with subsection (1).

41 Section 139B amended (Minister may grant extension of time for, or waive, requirement to provide statement of intent)

In section 139B(4)(c), replace “exemption” with “extension”.

42 Section 149L amended (Obligation to publish and present statement of performance expectations)

In section 149L(3), delete “entity’s responsible”.

Part 11 Employment Relations Act 2000

43 Principal Act

This Part amends the Employment Relations Act 2000 (the principal Act).

44 Section 103 amended (Personal grievance)

In section 103(1)(i), replace “67G(4)” with “67G(3)”.

Part 12 Fisheries Act 1996

45 Principal Act

This Part amends the Fisheries Act 1996 (the principal Act).

46 New section 6A inserted (Transitional, savings, and related provisions)

After section 6, insert:

6A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

47 Section 186A amended (Temporary closure of fishing area or restriction on fishing methods)

Replace section 186A(5)(a) with:

(a)

may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:

48 Section 186B amended (Temporary closure of fisheries)

Replace section 186B(4)(a) with:

(a)

may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:

49 Section 197 amended (Appointment of honorary fishery officers)

In section 197(3)(a), replace “not exceeding $1,000 in any one year” with “at a rate determined by the chief executive”.

50 New Schedule 1AA inserted

After section 370, insert the Schedule 1AA set out in Schedule 2 of this Act.

Part 13 Government Roading Powers Act 1989

51 Principal Act

This Part amends the Government Roading Powers Act 1989 (the principal Act).

52 Section 48 amended (Powers of Minister over roads under Minister’s control)

In section 48(2), replace “paragraphs (13) to (20) and (38) to (41A) of section 684(1) of the Local Government Act 1974” with “section 22AB(1) of the Land Transport Act 1998”.

53 Section 61 amended (Powers and duties of Agency in relation to State highways)

In section 61(3), replace “paragraphs (13) to (20), and (38) to (41A) of section 684(1) of the Local Government Act 1974” with “section 22AB(1) of the Land Transport Act 1998”.

Part 14 Harassment Act 1997

54 Principal Act

This Part amends the Harassment Act 1997 (the principal Act).

55 Section 42 amended (Rules of court)

(1)

In section 42(2)(h), replace “District Courts Rules 2009” with “District Courts Rules 2014”.

(2)

In section 42(3), replace “District Courts Rules 2009” with “District Courts Rules 2014”.

Part 15 Health Practitioners Competence Assurance Act 2003

56 Principal Act

This Part amends the Health Practitioners Competence Assurance Act 2003 (the principal Act).

57 Section 54 amended (Application for, and conferral of, protection on quality assurance activity)

Replace section 54(4) with:

(4)

Every notice issued under subsection (3), unless sooner revoked, remains in force for a period of 5 years and is revoked at the end of that 5-year period.

(4A)

Subsection (4) does not prevent the Minister from issuing another notice in respect of the same quality assurance activity.

Part 16 Land Transport Act 1998

58 Principal Act

This Part amends the Land Transport Act 1998 (the principal Act).

59 Section 30ZH amended (Duties regarding logbooks)

In section 30ZH(1)(a) and (b), replace “36 months” with “12 months”.

60 Section 98 amended (Release of vehicle after 28 days)

(1)

In section 98(1), replace “the person in respect of the vehicle, or a person authorised for the purpose by the person” with “the owner of the vehicle, or a person authorised for the purpose by the owner”.

(2)

In section 98(1)(a)(i), replace “the person in respect of the vehicle” with “the owner of the vehicle”.

61 Section 119 amended (Powers of entry)

(1)

In section 119(3)(a)(iii), replace “a crime” with “an imprisonable offence (within the meaning of section 5 of the Criminal Procedure Act 2011)”.

(2)

In section 119(5), replace “Judge” with “issuing officer”.

62 Section 165 amended (Incorporation by reference)

In section 165(1)(d), after “Agency”, insert “(as the case may be)”.

Part 17 Land Transport Management Act 2003

63 Principal Act

This Part amends the Land Transport Management Act 2003 (the principal Act).

64 Section 52 amended (Who is liable to pay toll)

Replace section 52(3A)(a) with:

(a)

sending it, or a copy of it, by post addressed to the registered person at that person’s last known place of residence or business or postal address; or

Part 18 Members of Parliament (Remuneration and Services) Act 2013

65 Principal Act

This Part amends the Members of Parliament (Remuneration and Services) Act 2013 (the principal Act).

66 Section 23 amended (Services and funding subject to Speaker’s directions)

Replace section 23(1)(a) with:

(a)

the entitlements of members of Parliament and qualifying electoral candidates to travel services, including the extent (if at all) to which travel services may continue to be provided after a member of Parliament vacates his or her seat for the purpose of enabling the member to attend to matters associated with leaving Parliament; and

Part 19 Misuse of Drugs Act 1975

67 Principal Act

This Part amends the Misuse of Drugs Act 1975 (the principal Act).

68 Section 23 amended (Powers of Minister to prohibit prescribing, etc)

In section 23(2)(ca), replace “the Nursing Council of New Zealand” with “the Midwifery Council”.

Part 20 New Zealand Superannuation and Retirement Income Act 2001

69 Principal Act

This Part amends the New Zealand Superannuation and Retirement Income Act 2001 (the principal Act).

70 Schedule 4 amended

In Schedule 4, Parts 1 and 2, delete “Progressive Coalition Party”.

Part 21 Oaths and Declarations Act 1957

71 Principal Act

This Part amends the Oaths and Declarations Act 1957 (the principal Act).

72 Section 22 amended (By whom oath of allegiance and judicial oath to be taken)

Replace section 22(2)(a) with:

(a)

in the case of the Chief Justice, a Judge of the High Court, or a Master of the High Court, by a Judge of the High Court:

73 Schedule 2 amended

In Schedule 2, replace the item relating to Judges of the Arbitration Court with:

Employment Court Judges

Part 22 Parliamentary Service Act 2000

74 Principal Act

This Part amends the Parliamentary Service Act 2000 (the principal Act).

75 Section 14 amended (Functions of Parliamentary Service Commission)

Replace section 14(1)(c) with:

(c)

to recommend to the Speaker persons who are suitable to be members of a review committee.

Part 23 Protection of Personal and Property Rights Act 1988

76 Principal Act

This Part amends the Protection of Personal and Property Rights Act 1988 (the principal Act).

77 Section 94A amended (Creation of enduring power of attorney)

(1)

Replace section 94A(4A) with:

(4A)

If 2 people appoint each other as attorney, the witness to the signature of one person as donor (witness A) does not fail to be independent for the purposes of subsection (4) by reason only that the witness to the signature of the other person as donor—

(a)

is a lawyer or legal executive in the same firm, or an officer or employee of the same trustee corporation, as witness A; or

(b)

is the same person as witness A, if, having regard to the matters listed in subsection (7)(a) to (b), the witness is satisfied that witnessing both signatures does not constitute more than a negligible risk of a conflict of interest.

(2)

After section 94A(6), insert:

(6A)

If regulations made under section 112(bab) prescribe a form of standard explanation for any of the matters required to be explained to a donor under subsection (6), the witness to the donor’s signature may give the explanation by—

(a)

giving a copy of the form to the donor; and

(b)

following any instructions in the form for giving a verbal explanation to the donor; and

(c)

if the form and the instructions do not cover all of the matters in subsection (6), using other appropriate means to fulfil all of the requirements of that subsection.

(3)

In section 94A(7), after “prescribed form”, insert “for the certificate referred to in subsection (2)(b)”.

(4)

After section 94A(7)(a), insert:

(ab)

in the case of an enduring power of attorney signed by the donor after the commencement of this paragraph, the witness believes on reasonable grounds that the donor—

(i)

understands the nature of the instrument; and

(ii)

understands the potential risks and consequences of the instrument; and

(iii)

is not acting under undue pressure or duress; and

(5)

In section 94A(7)(c), after “applies”, insert “or, if subsection (4A)(b) applies, the witness is satisfied that no more than a negligible risk of a conflict of interest arises”.

78 New section 95A inserted (Notice revoking earlier enduring power of attorney)

After section 95, insert:

95A Notice revoking earlier enduring power of attorney

(1)

If an enduring power of attorney states that it revokes an earlier enduring power of attorney and both powers of attorney are of the same kind, they both continue to have effect until the earlier power of attorney is revoked by notice given in the manner set out in subsection (2) or ceases to have effect by any of the other ways listed in section 106(1).

(2)

Notice revoking an earlier power of attorney is given when a copy of the later power of attorney is given to the attorney or attorneys appointed under the earlier power of attorney and, to avoid doubt, the notice may be given by a person other than the donor, for example, the donor’s lawyer or one of the attorneys appointed under the later power of attorney, including in the event that the donor becomes mentally incapable.

(3)

This section applies to any enduring power of attorney, whether executed before or after this section comes into force.

(4)

For the purposes of this section, of the same kind, in relation to 2 enduring powers of attorney, means—

(a)

that both powers of attorney relate to—

(i)

the donor’s property; or

(ii)

the donor’s personal care and welfare; or

(b)

if the earlier power of attorney relates to the donor’s property or the donor’s personal care and welfare, or both, the later power of attorney relates to both the donor’s property and the donor’s personal care and welfare.

79 Section 99A amended (Attorney’s duty to consult)

(1)

In section 99A(1)(b), after “that matter”, insert “; and”.

(2)

After section 99A(1)(b), insert:

(c)

any other attorney appointed by the donor under the enduring power of attorney (other than a successive attorney whose appointment has not taken effect); and

(d)

any other attorney appointed by the donor under another enduring power of attorney (other than a successive attorney whose appointment has not taken effect).

(3)

After section 99A(7), insert:

(8)

To avoid doubt, if the same attorney must be consulted under subsection (1)(c) or (d) and subsection (7), the requirements of both subsections must be met in relation to that attorney.

80 Section 99D amended (Medical certification of incapacity)

Replace section 99D(1) with:

(1)

A certificate of the donor’s mental incapacity under this Part must—

(a)

contain the prescribed information; or

(b)

if the certificate is issued outside New Zealand, be in a form acceptable to the competent authority of the State concerned.

81 Section 106 amended (Circumstances in which enduring power of attorney shall cease to have effect)

(1)

In the heading to section 106, replace shall cease with ceases.

(2)

After section 106(1)(a), insert:

(ab)

it is revoked by notice given in the manner set out in section 95A to the attorney or attorneys; or

(3)

After section 106(1)(b), insert:

(ba)

the donor, by notice in writing to the attorney, revokes the appointment of the attorney while mentally capable of doing so; or

(bb)

in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, the donor, by notice in writing to one of the attorneys, revokes the appointment of that attorney while mentally capable of doing so; or

(4)

In section 106(1)(d) and (e), replace “becomes a special or committed patient under the Mental Health Act 1969” with “becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992”.

(5)

After section 106(1)(e), insert:

(ea)

in the case of an enduring power of attorney that appoints more than 1 attorney with several authority or with joint and several authority, the last remaining attorney—

(i)

has his or her appointment revoked by the donor under section 106A(1); or

(ii)

dies, is adjudged bankrupt, becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, is subject to a personal order or a property order, or otherwise becomes incapable of acting; or

(6)

In section 106(2), replace “the provisions of paragraphs (c) to (f) of subsection (1) shall apply” with “subsection (1)(ba) to (f) applies”.

82 New section 106A inserted (Revocation of appointment of attorneys with several authority)

After section 106, insert:

106A Revocation of appointment of attorneys with several authority

(1)

If an enduring power of attorney appoints more than 1 attorney with several authority or with joint and several authority, the donor may, by notice in writing to 1 or more of the attorneys, revoke the appointment of that attorney or those attorneys while mentally capable of doing so.

(2)

To avoid doubt, if a donor revokes the appointment of 1 or more attorneys under subsection (1), the enduring power of attorney remains in effect if there is at least 1 remaining attorney.

83 Section 112 amended (Regulations)

(1)

After section 112(ba), insert:

(bab)

prescribing a form of standard explanation for the purpose of explaining the effects and implications of an enduring power of attorney to a donor (which may include requirements for the content of the explanation and the manner in which it is to be given) under section 94A(6) and (6A):

(2)

Replace section 112(bc) with:

(bc)

prescribing information required for certificates for the purposes of any medical examination or assessment under Part 9:

Part 24 Public Finance Act 1989

84 Principal Act

This Part amends the Public Finance Act 1989 (the principal Act).

85 Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)

After section 45M(1), insert:

(1A)

If section 150 of the Crown Entities Act 2004 does not apply to a Schedule 4 organisation under subsection (1)(d), the organisation and the responsible Minister for that organisation must, in relation to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b), comply with the provision, presentation, and publication obligations set out in section 150(1)(b) and (3) to (6) of the Crown Entities Act 2004—

(a)

as if, in those provisions,—

(i)

every reference to a Crown entity were a reference to a Schedule 4 organisation; and

(ii)

every reference to the annual report were a reference to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b); and

(b)

with all other necessary modifications.

Part 25 Sale and Supply of Alcohol Act 2012

86 Principal Act

This Part amends the Sale and Supply of Alcohol Act 2012 (the principal Act).

87 Section 22 amended (Special licences)

(1)

In section 22(2), replace “sell or supply” with “sell and supply”.

(2)

In section 22(3), replace “sell or supply” with “sell and supply”.

88 Section 102 amended (Objections to applications)

In section 102(1), replace “for it” with “for the licence”.

89 Section 103 amended (Police, Medical Officer of Health, and inspector must inquire into applications)

In section 103(4), replace “sending the copy of the application to them” with “the Police or Medical Officer of Health received the copy of the application”.

90 Section 141 amended (Inquiry into applications by Police, inspector, and Medical Officer of Health)

In section 141(5), replace “sending the copy of the application to them” with “the Police or Medical Officer of Health received the copy of the application”.

91 Section 360 amended (Existing community trust continues in existence)

In section 360, replace “The trust” with “Each of the trusts”.

92 New section 415A inserted (Application of amendments to section 360 and Schedule 1)

After section 415, insert:

415A Application of amendments to section 360 and Schedule 1

This Act must be read as if the amendments to section 360 and Schedule 1 made by Part 25 of the Statutes Amendment Act 2016 had come into force on 18 December 2013.

93 Schedule 1 amended

(1)

In Schedule 1, Part 2, delete “Parakai Licensing Trust”.

(2)

In Schedule 1, Part 3, insert in its appropriate alphabetical order “Parakai Community Trust”.

Part 26 Sentencing Act 2002

94 Principal Act

This Part amends the Sentencing Act 2002 (the principal Act).

95 Section 30 amended (No sentence of imprisonment to be imposed without opportunity for legal representation)

(1)

In section 30(2)(a), replace “Legal Services Act 2000” with “Legal Services Act 2011”.

(2)

In section 30(4)(a), replace “Legal Services Act 2000” with “Legal Services Act 2011”.

96 Section 69I amended (Variation or cancellation of sentence of community detention)

In section 69I(3A), delete “for variation of conditions”.

97 Section 80F amended (Application for variation or cancellation of sentence of home detention)

In section 80F(4A), delete “for variation of conditions”.

98 Section 80FA amended (Chief executive of Department of Corrections may vary offender’s home detention address)

(1)

In the heading to section 80FA, replace address with residence.

(2)

In section 80FA, replace “address” with “residence” in each place.

99 Section 80N amended (Imposition of post-detention conditions on offender)

In section 80N(2)(a), replace “otherwise” with “a different period”.

100 Section 80ZGD amended (Effect of appeal on resumption of sentence of home detention)

In section 80ZGD(3)(a), replace “address” with “residence”.

101 Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)

In section 93(2)(a), replace “otherwise” with “a different date”.

102 Section 123C amended (Provisions applying to protection order made under section 123B)

In section 123C(1)(a), replace “32(1) and (4), and 33” with “51D, and 51L”.

103 Section 123D amended (Explanation of protection order)

In section 123D(1)(a)(ii), replace “section 32” with “section 51D”.

104 Section 123G amended (Protection order treated as if made by Family Court)

Replace section 123G(b) with:

(b)

sections 22(2)(b) and (6), 23, 45(2), 46(1), 47(1), 48, 49, 50, 51C, 51G, 51H, 51L to 51T, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.

Part 27 State Sector Act 1988

105 Principal Act

This Part amends the State Sector Act 1988 (the principal Act).

106 Section 2 amended (Interpretation)

(1)

In section 2, definition of State services, paragraph (aba), before “organisations”, insert “includes”.

(2)

In section 2, definition of State services, repeal paragraph (ac).

107 Section 43 amended (Review of performance of chief executive)

In section 43(2), replace “its” with “the”.

Part 28 Vulnerable Children Act 2014

108 Principal Act

This Part amends the Vulnerable Children Act 2014 (the principal Act).

109 Section 36 amended (Application for exemption)

Replace section 36(1)(c) with:

(c)

whether the person is subject to any conditions imposed under—

(i)

the Parole Act 2002; or

(ii)

the Sentencing Act 2002; or

(iii)

the Criminal Justice Act 1985:

110 Schedule 2 amended

In Schedule 2, clause 1, replace paragraph (31) with:

(31)

section 194(a) (assault on child):

Part 29 Wildlife Act 1953

111 Principal Act

This Part amends the Wildlife Act 1953 (the principal Act).

112 Section 7A amended (Noxious animals)

(1)

Replace the heading to section 7A with Wild animals.

(2)

In section 7A(1), replace—

(a)

“Wild animals” with “Animals”:

(b)

“noxious animals” with “wild animals”:

(c)

“Noxious Animals Act 1956” with “Wild Animal Control Act 1977”.

113 Schedule 6 heading replaced

Replace the Schedule 6 heading with:

Schedule 6 Animals declared to be wild animals subject to the Wild Animal Control Act 1977

s 7A

Schedule 1 New Schedule 1AA inserted

s 19

Schedule 1AA Transitional, savings, and related provisions

s 2A

Part 1 Provision relating to Part 5 of Statutes Amendment Act 2016

Part 5 of Statutes Amendment Act 2016 has no effect in relation to levy orders made before its commencement

This Act continues to apply, as if Part 5 of the Statutes Amendment Act 2016 were not in force, to a levy order made before the commencement of that Act.

Schedule 2 New Schedule 1AA inserted

s 50

Schedule 1AA Transitional, savings, and related provisions

s 6A

Part 1 Provision relating to Part 12 of Statutes Amendment Act 2016

Part 12 of Statutes Amendment Act 2016 has no effect in relation to notices made under section 186A or 186B before its commencement

This Act continues to apply, as if Part 12 of the Statutes Amendment Act 2016 were not in force, to a notice made under section 186A or 186B before the commencement of that Act.

Legislative history

14 October 2015

Introduction (Bill 71–1)

9 December 2015

First reading and referral to Government Administration Committee

21 June 2016

Reported  from  Government  Administration  Committee (Bill 71–2)

13 September 2016

Second reading

2 November 2016

Committee of the whole House (Bill 71–3)

14 December 2016

Recommittal to committee of the whole House, committee of the whole House, third reading

16 December 2016

Royal assent

This Act is administered by the Ministry of Justice.