Statutes Amendment Act 2018

Coat of Arms of New Zealand

Statutes Amendment Act 2018

Public Act
 
2018 No 27
Date of assent
 
7 September 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 36 amended (Obligations relating to traps)
5Principal Act
6Section 56 amended (Reporting entity must have AML/CFT programme and AML/CFT compliance officer)
7Section 90 amended (Pecuniary penalties for civil liability act)
8Section 100 amended (Penalties)
9Section 105 amended (Penalties)
10Section 112 amended (Penalties)
11Principal Act
12Section 2 amended (Interpretation)
13Section 7 amended (Relationship with other enactments)
14Section 24B amended (Amendment, revocation, suspension, and reinstatement)
15Section 25 amended (Goods to be cleared for entry into New Zealand)
16Section 37 amended (Approval of ports as places of first arrival)
17Section 39 amended (Approval and cancellation of approval of transitional facilities and containment facilities)
18Section 105A amended (Call in of powers or functions)
19Principal Act
20Section 131 amended (Fees and expenses of lawyer appointed under section 7 or 130)
21Principal Act
22Section 226B amended (Fees and expenses of lawyer appointed under section 226 or 226A)
23Principal Act
24Section 303 amended (Admissible claims)
25Section 308 amended (Fines and penalties)
26Principal Act
27Section 10 amended (Coroner defined)
28Section 110 amended (Salaries and allowances)
29Amendment to Remuneration Authority Act 1977
30Principal Act
31Cross-heading above section 9J amended
32Principal Act
33Section 21 repealed (Recovery of debts due upon recognisance)
34Section 22 amended (Barristers or solicitors may be appointed to act for Attorney-General in each district)
35Section 23 amended (Judgments for fines and on recognisances may be vacated by High Court)
36Section 24 amended (Satisfaction of orders against the Crown)
37Section 30 replaced (Rules of court)
30Rules about the Crown’s participation in civil proceedings, etc
38Schedule 3 amended
39Amendment to Bail Act 2000
40Amendment to Electoral Act 1993
41Principal Act
42Schedule 3 amended
43Principal Act
44Section 212 amended (Contempt of court)
45Principal Act
46Section 81 amended (Court may appoint lawyer)
47Principal Act
48Section 164A amended (Dumping permits issued under Maritime Transport Act 1994)
49Principal Act
50Section 162B amended (Fees and expenses of lawyer appointed under section 162 or 162A)
51Principal Act
52Section 109A amended (Search warrants from District Court Judges for offences against sections 126 and 131A)
53Section 109B amended (Search warrants from Registrars, etc, for offences against section 126 or section 131A)
54Principal Act
55Section 255 amended (Interpretation—forfeiture provisions)
56Principal Act
57Section 95 amended (Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors’ salaries are paid)
58Principal Act
59Section 2 amended (Interpretation)
60Principal Act
61Section 3 amended (Provisions for giving effect to Asian Development Bank Agreement)
62Section 4 amended (Provisions for giving effect to International Development Association Agreement)
63Principal Act
64Section 3C amended (Use of designation “JP (retired)”)
65Principal Act
66Section 162 amended (Payment of lawyer appointed under section 159 or 160)
67Principal Act
68Section 4 amended (Interpretation)
69Section 73 amended (Arrest without warrant)
70Section 107FA amended (Sentencing court may make interim supervision order)
71Section 107T amended (Offence to breach extended supervision order)
72Section 107V amended (Additional victim notification)
73Principal Act
74Section 142 amended (Board may prescribe fees)
75Principal Act
76Section 41 amended (Unclaimed property)
77Principal Act
78Section 65 amended (Appointment of lawyer to represent person in respect of whom application made)
79Section 65B amended (Payment of lawyer appointed under section 65A)
80Principal Act
81Section 15C amended (End-of-year performance information requirements)
82Section 19A amended (Provision of end-of-year performance information other than by Ministers)
83Section 26A amended (Transfer of resources between output expense appropriations)
84Section 45AA amended (Contents of departmental agency annual report)
85Principal Act
86Section 49 amended (Branch manager’s or salesperson’s licence)
87Amendment to Auctioneers Act 2013
88Amendment to Fair Trading Act 1986
89Principal Act
90New section 16A inserted (Information to be published by boards)
16AInformation to be published by boards
91Section 17 amended (Information to be laid before House of Representatives)
92Schedule 1 amended
93Schedule 2 amended
94Principal Act
95Section 143 amended (Appointment of Te Rarawa fisheries advisory committee)
96Section 144 amended (Appointment of joint fisheries advisory committee)
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Statutes Amendment Act 2018.

2 Commencement

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

Part 1 Animal Welfare Act 1999

3 Principal Act

This Part amends the Animal Welfare Act 1999 (the principal Act).

4 Section 36 amended (Obligations relating to traps)

Replace section 36(1) with:

(1)

A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must—

(a)

manually inspect that trap, or cause a competent person to manually inspect that trap, within 12 hours after sunrise on each day the trap remains set, beginning on the day immediately after the day on which the trap is set; or

(b)

manually inspect that trap, or cause a competent person to manually inspect that trap, within 24 hours after the capture of an animal in the trap, but this paragraph applies only if—

(i)

the person monitors the trap with an electronic monitoring system (such as a system of capture sensors and a wireless communication network) that is maintained by the person and that is reliable; and

(ii)

the monitoring system operates in such a way that it promptly communicates the fact that an animal has been captured in the trap and enables the person to meet the person’s obligations under subsection (2) within that 24-hour period.

Part 2 Anti-Money Laundering and Countering Financing of Terrorism Act 2009

5 Principal Act
6 Section 56 amended (Reporting entity must have AML/CFT programme and AML/CFT compliance officer)

After section 56(4), insert:

(5)

Despite subsections (2) to (4), if a reporting entity is a partnership,—

(a)

the partnership may designate one of the partners as an AML/CFT compliance officer to administer and maintain its AML/CFT programme, irrespective of whether the partnership has or does not have employees; and

(b)

the partner so designated must report to another partner designated for the purpose of receiving those reports by the partnership.

7 Section 90 amended (Pecuniary penalties for civil liability act)

(1)

In section 90(2)(b), after “body corporate”, insert “or partnership”.

(2)

In section 90(3)(b), after “body corporate”, insert “or partnership”.

8 Section 100 amended (Penalties)

In section 100(b), after “body corporate”, insert “or partnership”.

9 Section 105 amended (Penalties)

(1)

In section 105(1)(b), after “body corporate”, insert “or partnership”.

(2)

In section 105(2)(b), after “body corporate”, insert “or partnership”.

10 Section 112 amended (Penalties)

In section 112(b), after “body corporate”, insert “or partnership”.

Part 3 Biosecurity Act 1993

11 Principal Act

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

12 Section 2 amended (Interpretation)

In section 2(1), definition of unauthorised goods, replace paragraphs (a) and (b) with:

(a)

uncleared goods in a place that is not a transitional facility, biosecurity control area, or containment facility (other than goods that, in accordance with the authority of an inspector, are—

(i)

proceeding from a transitional facility, biosecurity control area, or containment facility to a transitional facility, biosecurity control area, or containment facility; or

(ii)

being exported from New Zealand); or

(b)

uncleared goods that—

(i)

are in a transitional facility, biosecurity control area, or containment facility; and

(ii)

have proceeded there, other than in accordance with the authority of an inspector, from a transitional facility, biosecurity control area, or containment facility; and

(iii)

have not received the authority of an inspector to remain there; or

13 Section 7 amended (Relationship with other enactments)

In section 7(2), after “Fisheries Act 1983,”, insert “the Fisheries Act 1996,”.

14 Section 24B amended (Amendment, revocation, suspension, and reinstatement)

(1)

In section 24B, replace the heading above subsection (3) with:

General suspension

(2)

After section 24B(5), insert:

Partial suspension

(5A)

Subsections (5B) to (5D) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an import health standard to no longer enable the purposes of this Part to be achieved in relation to 1 or more goods covered by the standard.

(5B)

The officer may, in accordance with subsection (5D), recommend to the Director-General the suspension of the standard in relation to—

(a)

goods of a specified class or description; or

(b)

goods of a specified class or description imported from—

(i)

a specified country or countries; or

(ii)

countries of a specified class or description; or

(iii)

a specified location or locations; or

(iv)

all countries.

(5C)

After receiving the officer’s recommendation, the Director-General may suspend the standard in relation to those goods.

(5D)

The officer must not recommend the suspension of the standard in relation to all goods covered by the standard.

(3)

In section 24B, replace the heading above subsection (6) with:

Reinstatement after general suspension

(4)

After section 24B(8), insert:

Reinstatement after partial suspension

(9)

Subsections (10) and (11) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an import health standard to again enable the purposes of this Part to be achieved in relation to 1 or more goods in respect of which the standard is suspended.

(10)

The officer may recommend to the Director-General the reinstatement of the standard in relation to those goods.

(11)

After receiving the officer’s recommendation, the Director-General may reinstate the standard in relation to those goods.

15 Section 25 amended (Goods to be cleared for entry into New Zealand)

(1)

In section 25(2), replace “transitional facility or biosecurity control area” with “transitional facility, biosecurity control area, or containment facility”.

(2)

In section 25(3), replace “transitional facility or biosecurity control area” with “transitional facility, biosecurity control area, or containment facility”.

(3)

Replace section 25(4) with:

(4)

Uncleared goods that are in a transitional facility, biosecurity control area, or containment facility may leave the facility or area if an inspector authorises their movement to a transitional facility, biosecurity control area, or containment facility.

(4)

In section 25(8)(b), replace “goods before they are given a biosecurity clearance” with “uncleared goods to which the authorisation relates”.

(5)

In section 25(9), replace “goods before they are given a biosecurity clearance” with “uncleared goods to which an authorisation relates”.

16 Section 37 amended (Approval of ports as places of first arrival)

After section 37(9), insert:

(10)

The Director-General—

(a)

may, for the purpose of subsection (1), approve standards relating to the operation of arrangements, facilities, and systems at a port to be approved as a place of first arrival; and

(b)

must, before approving the standard, consult the persons that the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard.

17 Section 39 amended (Approval and cancellation of approval of transitional facilities and containment facilities)

In section 39(3A), after “facility”, insert “or a containment facility”.

18 Section 105A amended (Call in of powers or functions)

In section 105A(1), replace “26” with “25, 26, 27A”.

Part 4 Care of Children Act 2004

19 Principal Act

This Part amends the Care of Children Act 2004 (the principal Act).

20 Section 131 amended (Fees and expenses of lawyer appointed under section 7 or 130)

(1)

In section 131(1)(a), replace “the Registrar” with “a Registrar”.

(2)

Replace section 131(2) with:

(2)

An invoice for fees and expenses submitted for payment by a lawyer appointed under section 7 or 130 must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

Part 5 Child Support Act 1991

21 Principal Act

This Part amends the Child Support Act 1991 (the principal Act).

22 Section 226B amended (Fees and expenses of lawyer appointed under section 226 or 226A)

(1)

In section 226B(1)(a), replace “the Registrar” with “a Registrar”.

(2)

Replace section 226B(2) with:

(2)

An invoice for fees and expenses submitted for payment by a lawyer appointed under section 226 or 226A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

Part 6 Companies Act 1993

23 Principal Act

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

24 Section 303 amended (Admissible claims)

In section 303(2), after “penalties,”, insert “sentences of reparation, orders,”.

25 Section 308 amended (Fines and penalties)

In section 308(a), after “fine”, insert “, monetary penalty, sentence of reparation, or other order for the payment of money”.

Part 7 Coroners Act 2006 and related amendment

26 Principal Act

This Part amends the Coroners Act 2006 (the principal Act).

Amendments to Coroners Act 2006

27 Section 10 amended (Coroner defined)

(1)

After section 10(1)(a), insert:

(ab)

the deputy chief coroner; and

(2)

After section 10(2)(a), insert:

(ab)

section 105A(1) (deputy chief coroner):

28 Section 110 amended (Salaries and allowances)

(1)

In section 110(1), replace “the chief coroner” with “the chief coroner, the deputy chief coroner,”.

(2)

After section 110(4), insert:

(4A)

If the deputy chief coroner ceases to hold that office but continues to hold office as a coroner, his or her salary and allowances may be reduced by the amount of any salary or allowances he or she received solely because of being the deputy chief coroner.

(3)

In section 110(5), after “subsection (4)”, insert “or (4A)”.

Related amendment to Remuneration Authority Act 1977

29 Amendment to Remuneration Authority Act 1977

(1)

This section amends the Remuneration Authority Act 1977.

(2)

In section 12B(1)(f), replace “the chief coroner” with “the chief coroner, the deputy chief coroner,”.

Part 8 Credit Contracts and Consumer Finance Act 2003

30 Principal Act

This Part amends the Credit Contracts and Consumer Finance Act 2003 (the principal Act).

31 Cross-heading above section 9J amended

In the cross-heading above section 9J, delete disclosure of.

Part 9 Crown Proceedings Act 1950 and related amendments

32 Principal Act

This Part amends the Crown Proceedings Act 1950 (the principal Act).

Amendments to Crown Proceedings Act 1950

33 Section 21 repealed (Recovery of debts due upon recognisance)

Repeal section 21.

34 Section 22 amended (Barristers or solicitors may be appointed to act for Attorney-General in each district)

(1)

In section 22(1), replace “sections 20 and 21” with “section 20”.

(2)

Replace section 22(2) with:

(2)

On the appointment of a person being made and published in the Gazette, and while the appointment is in force,—

(a)

certificates under section 20 of fines imposed within the person’s district must be sent to the person instead of to the Attorney-General; and

(b)

the person must cause final judgment to be signed in accordance with section 20.

35 Section 23 amended (Judgments for fines and on recognisances may be vacated by High Court)

(1)

In the heading to section 23, delete and on recognisances.

(2)

In section 23, delete “or section 21”.

36 Section 24 amended (Satisfaction of orders against the Crown)

(1)

In section 24(3), delete “, without further appropriation than this section,”.

(2)

Replace section 24(4) with:

(4)

A department that has paid money under this section must include in its annual financial statements a statement showing the total of all amounts paid under this section in the relevant financial year.

37 Section 30 replaced (Rules of court)

Replace section 30 with:

30 Rules about the Crown’s participation in civil proceedings, etc

A provision in another Act that empowers the making of rules about civil proceedings also empowers the making of rules for 1 or more of the following purposes:

(a)

providing for the Crown’s participation in civil proceedings:

(b)

in civil proceedings by the Crown for the recovery of taxes, duties, or penalties, providing that the defendant is not entitled to a set-off or counterclaim:

(c)

in other civil proceedings by the Crown, providing that the defendant is not entitled to a set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties, or penalties:

(d)

in civil proceedings by or against the Crown, providing that the defendant is not entitled, without the court’s leave, to a set-off or counterclaim if the subject matter of the set-off or counterclaim does not relate to the subject matter of the proceedings:

(e)

providing that the Crown is not entitled to a set-off or counterclaim without the court’s leave.

38 Schedule 3 amended

In Schedule 3, repeal forms 3 and 4.

Related amendments to other Acts

39 Amendment to Bail Act 2000

(1)

This section amends the Bail Act 2000.

(2)

After section 39, insert:

39A Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety

(1)

If a defendant’s failure to comply with a condition of bail has been entered in the court record under section 39(3), any money paid by a surety under a bail bond is forfeited.

(2)

The court must order money forfeited under a bail bond to be paid to the Crown, unless the court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety.

Compare: 1950 No 54 s 21

40 Amendment to Electoral Act 1993

(1)

This section amends the Electoral Act 1993.

(2)

After section 250(2), insert:

(3)

For the purposes of subsection (2), sections 21 and 23 and Schedule 3 of the Crown Proceedings Act 1950 continue to apply as if they had not been amended by Part 9 of the Statutes Amendment Act 2018.

Part 10 Customs and Excise Act 2018

41 Principal Act

This Part amends the Customs and Excise Act 2018 (the principal Act).

42 Schedule 3 amended

In Schedule 3, Part 5, repeal clauses 30(1) and 31(1).

Part 11 District Court Act 2016

43 Principal Act

This Part amends the District Court Act 2016 (the principal Act).

44 Section 212 amended (Contempt of court)

In section 212(2)(a) and (b), replace “Judge” with “judicial officer”.

Part 12 Domestic Violence Act 1995

45 Principal Act

This Part amends the Domestic Violence Act 1995 (the principal Act).

46 Section 81 amended (Court may appoint lawyer)

(1)

In section 81(2A)(a) and (3)(a), replace “the Registrar” with “a Registrar”.

(2)

Replace section 81(4) with:

(4)

An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

Part 13 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

47 Principal Act
48 Section 164A amended (Dumping permits issued under Maritime Transport Act 1994)

In section 164A, insert as subsection (2):

(2)

A reference in the permit to Maritime New Zealand, the Director of Maritime New Zealand, or the Director must be treated as if it were a reference to the Environmental Protection Authority.

Part 14 Family Proceedings Act 1980

49 Principal Act

This Part amends the Family Proceedings Act 1980 (the principal Act).

50 Section 162B amended (Fees and expenses of lawyer appointed under section 162 or 162A)

(1)

In section 162B(1)(a), replace “the Registrar” with “a Registrar”.

(2)

Replace section 162B(2) with:

(2)

An invoice for fees and expenses submitted for payment by a lawyer appointed under section 162 or 162A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

Part 15 Films, Videos, and Publications Classification Act 1993

51 Principal Act

This Part amends the Films, Videos, and Publications Classification Act 1993 (the principal Act).

52 Section 109A amended (Search warrants from District Court Judges for offences against sections 126 and 131A)

In section 109A(1), replace “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application made in the manner provided in subpart 3 of Part 4 of that Act,” with “A District Court Judge may, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012,”.

53 Section 109B amended (Search warrants from Registrars, etc, for offences against section 126 or section 131A)

In section 109B, replace “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)” with “A person who is authorised to act as an issuing officer under section 108 of the Search and Surveillance Act 2012”.

Part 16 Fisheries Act 1996

54 Principal Act

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

55 Section 255 amended (Interpretation—forfeiture provisions)

After section 255(6), insert:

(7)

No quota owned by any licensed NBDT (within the meaning of section 4(1) of the Non-bank Deposit Takers Act 2013) is to be regarded as associated quota merely because the licensed NBDT has in the ordinary course of its business as a financier become the owner of that quota.

Part 17 Government Superannuation Fund Act 1956

56 Principal Act

This Part amends the Government Superannuation Fund Act 1956 (the principal Act).

57 Section 95 amended (Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors’ salaries are paid)

In the heading to section 95, delete up to 1 July 1991.

Part 18 Housing Corporation Act 1974

58 Principal Act

This Part amends the Housing Corporation Act 1974 (the principal Act).

59 Section 2 amended (Interpretation)

In section 2, repeal the definition of State Services Commissioner.

Part 19 International Finance Agreements Amendment Act 1966

60 Principal Act

This Part amends the International Finance Agreements Amendment Act 1966 (the principal Act).

61 Section 3 amended (Provisions for giving effect to Asian Development Bank Agreement)

(1)

In section 3(2), replace “such account of the Public Account as the Minister may direct” with “public money”.

(2)

In section 3(2), after “membership of the Asian Bank.”, insert “Expenses or capital expenditure may be incurred without further appropriation than this section for the purpose of these payments (see sections 4 and 11 of the Public Finance Act 1989).”

62 Section 4 amended (Provisions for giving effect to International Development Association Agreement)

(1)

In section 4(3), replace “such account of the Crown Bank Account as the Minister may direct” with “public money”.

(2)

In section 4(3), after “New Zealand’s membership.”, insert “Expenses or capital expenditure may be incurred without further appropriation than this section for the purpose of these payments (see sections 4 and 11 of the Public Finance Act 1989).”

Part 20 Justices of the Peace Act 1957

63 Principal Act

This Part amends the Justices of the Peace Act 1957 (the principal Act).

64 Section 3C amended (Use of designation “JP (retired)”)

After section 3C(2), insert:

(2A)

Despite subsection (2)(a), the Secretary may, by notice in the Gazette, authorise a former Justice who retired or resigned before, on, or after the commencement of this subsection to use the designation “JP (retired)” if the Secretary thinks it appropriate in the circumstances.

Part 21 Oranga Tamariki Act 1989

65 Principal Act

This Part amends the Oranga Tamariki Act 1989 (the principal Act).

66 Section 162 amended (Payment of lawyer appointed under section 159 or 160)

(1)

In section 162(1)(a), replace “the Registrar” with “a Registrar”.

(2)

Replace section 162(2) with:

(2)

An invoice for fees and expenses submitted for payment by a lawyer appointed under section 159 or 160 must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

Part 22 Parole Act 2002

67 Principal Act

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

68 Section 4 amended (Interpretation)

In section 4(1), insert in its appropriate alphabetical order:

interim supervision order means an order made under section 107FA

69 Section 73 amended (Arrest without warrant)

In section 73(2), after “extended supervision order”, insert “or interim supervision order”.

70 Section 107FA amended (Sentencing court may make interim supervision order)

In section 107FA(3), replace “order under subsection (2) (an interim supervision order)” with “interim supervision order”.

71 Section 107T amended (Offence to breach extended supervision order)

(1)

In the heading to section 107T, after order, insert or interim supervision order.

(2)

In section 107T, after “extended supervision order”, insert “or interim supervision order”.

72 Section 107V amended (Additional victim notification)

In section 107V, after “an extended supervision order”, insert “or interim supervision order”.

Part 23 Plumbers, Gasfitters, and Drainlayers Act 2006

73 Principal Act

This Part amends the Plumbers, Gasfitters, and Drainlayers Act 2006 (the principal Act).

74 Section 142 amended (Board may prescribe fees)

After section 142(1)(e), insert:

(ea)

the notification, by a person who holds a current practising licence that authorises that person to supervise work done under section 19, 21, or 25, of the supervision of a person doing that work (if notification is required as part of the terms and conditions, imposed by notice published under section 30(1)(c), that apply in respect of that licence):

Part 24 Policing Act 2008

75 Principal Act

This Part amends the Policing Act 2008 (the principal Act).

76 Section 41 amended (Unclaimed property)

(1)

In section 41(1), replace “3 months or more, must” with “6 weeks or more, may”.

(2)

Replace section 41(5) with:

(5)

The following types of property (whether perishable or not) may be destroyed or given away:

(a)

property that has no monetary value or only negligible monetary value:

(b)

property that it is not appropriate or practicable to sell.

Part 25 Protection of Personal and Property Rights Act 1988

77 Principal Act

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

78 Section 65 amended (Appointment of lawyer to represent person in respect of whom application made)

Replace section 65(6) with:

(6)

An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

79 Section 65B amended (Payment of lawyer appointed under section 65A)

(1)

In section 65B(1)(a), replace “the Registrar” with “a Registrar”.

(2)

Replace section 65B(2) with:

(2)

An invoice for fees and expenses submitted for payment by a lawyer appointed under section 65A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

Part 26 Public Finance Act 1989

80 Principal Act

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

81 Section 15C amended (End-of-year performance information requirements)

In section 15C(2)(c) and (3), replace “or a Crown entity” with “a Crown entity, a Schedule 4 organisation (but not including a Reserves Board (as described in Schedule 4)), or a Schedule 4A company”.

82 Section 19A amended (Provision of end-of-year performance information other than by Ministers)

In section 19A(1), replace “or Crown entity” with “Crown entity, Schedule 4 organisation, or Schedule 4A company”.

83 Section 26A amended (Transfer of resources between output expense appropriations)

After section 26A(3), insert:

(4)

In this section, output expense appropriation means—

(a)

an appropriation for 1 category of output expenses:

(b)

a multi-category appropriation that includes only categories of output expenses.

84 Section 45AA amended (Contents of departmental agency annual report)

After section 45AA(1)(c), insert:

(ca)

a statement of responsibility that complies with section 45C; and

Part 27 Real Estate Agents Act 2008 and consequential amendments

85 Principal Act

This Part amends the Real Estate Agents Act 2008 (the principal Act).

Amendment to Real Estate Agents Act 2008

86 Section 49 amended (Branch manager’s or salesperson’s licence)

(1)

In section 49(2), replace “without having to be licensed under the Auctioneers Act 1928” with “, and operates as an exemption from the requirement in the Auctioneers Act 2013 to be registered as an auctioneer”.

(2)

After section 49(2), insert:

(3)

However, every licensee who conducts an auction of land must comply with the rules about the conduct of auctions set out in sections 36Y to 36ZE (but not the rule in section 36ZF) of the Fair Trading Act 1986.

Consequential amendments to other Acts

87 Amendment to Auctioneers Act 2013

(1)

This section amends the Auctioneers Act 2013.

(2)

In section 5(2)(a), replace “section 48” with “sections 48 and 49”.

88 Amendment to Fair Trading Act 1986

(1)

This section amends the Fair Trading Act 1986.

(2)

In section 36ZF(4), replace “a licensed real estate agent, and the provisions of the Real Estate Agents Act 2008” with “an agent, a branch manager, or a salesperson, licensed under the Real Estate Agents Act 2008, and the provisions of that Act”.

Part 28 State-Owned Enterprises Act 1986

89 Principal Act

This Part amends the State-Owned Enterprises Act 1986 (the principal Act).

90 New section 16A inserted (Information to be published by boards)

After section 16, insert:

16A Information to be published by boards

(1)

The board of a State enterprise must publish the following documents on an Internet site maintained by or on behalf of the State enterprise:

(a)

the completed statement of corporate intent of the State enterprise:

(b)

the annual report and audited financial statements of the State enterprise:

(c)

the auditor’s report on those financial statements:

(d)

the half-yearly report:

(e)

the rules of the State enterprise:

(f)

any change to those rules:

(g)

any notice making a modification to the statement of corporate intent of the State enterprise, and a document that consolidates all modifications into the statement of corporate intent.

(2)

Each document referred to in subsection (1)(a) to (d) must be published as soon as practicable after the board delivers that document to the shareholding Ministers.

(3)

The rules of the State enterprise and any change to those rules must be published as soon as practicable after the date of those rules or that change or the date on which the State enterprise became a State enterprise, whichever is the later.

(4)

The documents referred to in subsection (1)(g) must be published as soon as practicable after the board delivers to the shareholding Ministers the notice making the modification.

91 Section 17 amended (Information to be laid before House of Representatives)
92 Schedule 1 amended

In Schedule 1, repeal the item relating to Learning Media Limited.

93 Schedule 2 amended

In Schedule 2, repeal the item relating to Learning Media Limited.

Part 29 Te Rarawa Claims Settlement Act 2015

94 Principal Act

This Part amends the Te Rarawa Claims Settlement Act 2015 (the principal Act).

95 Section 143 amended (Appointment of Te Rarawa fisheries advisory committee)

Replace section 143(2) with:

(2)

The purpose of the Te Rarawa fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996, while also ensuring the sustainability of those resources in the fisheries protocol area.

96 Section 144 amended (Appointment of joint fisheries advisory committee)

Replace section 144(3) with:

(3)

The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996, while also ensuring the sustainability of those resources in—

(a)

the fisheries protocol area; and

(b)

the fisheries protocol areas provided for by—

(i)

section 128 of the Ngāti Kuri Claims Settlement Act 2015; and

(ii)

section 130 of the Te Aupouri Claims Settlement Act 2015; and

(iii)

section 125 of the NgāiTakoto Claims Settlement Act 2015.

Legislative history

24 May 2017

Introduction (Bill 257–1)

28 November 2017

First reading and referral to Governance and Administration Committee

28 May 2018

Reported from Governance and Administration Committee (Bill 257–2)

24 July 2018

Second reading

4 September 2018

Committee of the whole House, third reading

7 September 2018

Royal assent

This Act is administered by the Ministry of Justice.