Part 1
Agricultural Compounds and Veterinary Medicines Act 1997

Part 1 amends the Agricultural Compounds and Veterinary Medicines Act 1997.

Clauses 4 to 7 make minor drafting amendments.

Part 2
Animal Products Act 1999

Part 2 amends the Animal Products Act 1999.

Clauses 9 to 13 make minor drafting amendments.

Part 3
Armed Forces Discipline Act 1971

Part 3 amends the Armed Forces Discipline Act 1971.

Clause 15 amends the definition of competent service authority so that it includes Judges of the Court Martial. The Act allows competent service authorities to give certain orders and directions relating to the carrying out of punishments.

Clause 16 amends section 92A(4) to correct a cross-reference to provisions of the Act that were repealed and substituted by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007.

Clause 17 amends section 112 (which relates to the certification of charges). Certification involves a legally trained officer certifying that the charge discloses an offence against the Act, is properly drawn, and is otherwise correct in law. Currently, whether a charge is required to be certified depends on whether the disciplinary officer may impose certain punishments if the accused is found guilty (including, currently, a fine of any amount). One amendment to the section raises the threshold at which certification is required to a situation where a fine that exceeds 7 days' basic pay may be imposed. The section is also amended to require certification if a compensation order for an amount that exceeds 7 days' basic pay may be made.

Clause 18 amends section 117R(3)(c) (which requires certification of the charge if the disciplinary officer intends to impose a fine). The amendment raises the threshold at which certification is required to a situation where the fine exceeds 7 days' basic pay.

Clause 19 amends section 117ZA (which provides for orders for compensation and restitution) to require the charge to be certified if the disciplinary officer intends to make a compensation order for an amount that exceeds 7 days' basic pay.

Clause 20 amends section 150 to authorise the making of rules of procedure that provide for the payment of fees, allowances, and expenses of witnesses and interpreters giving evidence before a military tribunal or a court of inquiry. Currently, there is no authority to make rules providing for the payment of fees and allowances of witnesses or any payments to interpreters. The power (in section 150(k) and (s)) to make rules providing for the expenses of members of the Court Martial and the remuneration and expenses of members of a court of inquiry is redundant in practice and is removed.

Clause 21 repeals and substitutes section 154(2) to clarify that the Reconsidering Authority, when considering a petition for reconsideration, only has the power to remit a punishment or part of a punishment.

Part 4
Births, Deaths, Marriages, and Relationships Registration Act 1995

Part 4 amends the Births, Deaths, Marriages, and Relationships Registration Act 1995.

Clause 23 repeals the definition of delivery as the term is not used in the Act.

Clause 24 amends section 8 by omitting the reference to the Civil Aviation Regulations 1953, which are no longer in force, and substituting a reference to the Civil Aviation Act 1990.

Clause 25 amends section 9(2) by inserting a new paragraph (ba). New paragraph (ba) means a birth certificate need not be signed by a parent who is overseas, if the parent cannot be contacted within a period of time that is reasonable in the circumstances.

Clause 26 amends section 12A to replace references to “birth record” and “birth register” with references to “birth information” for consistency with other provisions of the Act.

Clause 27 amends section 13(3) to replace “registrar” with “Registrar” for consistency of usage within the Act.

Clause 28 amends section 36 by omitting the reference to the Civil Aviation Regulations 1953, which are no longer in force, and substituting a reference to the Civil Aviation Act 1990.

Clause 29 amends section 54 to add a reference to section 57. Section 57 includes a provision that relates to the registration of service marriages.

Clause 30 repeals section 61 as Registrars and celebrants no longer keep register books. Section 61 required the Registrar-General to notify a Registrar or celebrant who solemnised a marriage of the dissolution of the marriage or a conviction for bigamy in relation to the marriage so that the dissolution or conviction could be recorded in the Registrar's or celebrant's register book.

Clause 31 amends section 76(3)(c) to correct a cross-reference.

Part 5
Building Act 2004

Part 5 amends the Building Act 2004.

Clause 33 repeals and replaces section 177, which specifies building consent authority decisions in relation to which the chief executive may (on application or on his or her own initiative) make determinations binding on the parties concerned (unless revisited by a District Court on an appeal). New section 177 is simpler and more comprehensive than section 177, the detailed drafting of which has resulted in some gaps and anomalies. Section 177 prevents determinations being sought or made, for example, in respect of a building consent authority's refusal to issue a notice to fix. New section 177, by contrast, allows determinations in respect of any exercise, failure or refusal to exercise, or proposed or purported exercise by any specified authority of any specified power of decision. New section 177 also corrects the gap in the numbering of the subparagraphs of section 177(b).

Clauses 34 to 37 amend sections 208 to 211. The amendments permit specified persons to appeal to a District Court against written directions given by the chief executive under section 190 and requiring an applicant or another party who has contributed unreasonably to costs or delays to meet some or all of the other party's costs in respect of, or in respect of an application for, determinations—

• by the chief executive under subpart 1 of Part 3; and

• in relation to compliance with the building code, specified decisions of a building consent authority or territorial authority, or a territorial authority's or regional authority's exercise of, or failure to exercise, specified powers; and

• against which all or any of the specified persons have made an appeal to a District Court under section 208(1)(a) (whether or not that appeal has been determined).

The amendments ensure that not only a determination, but also a related costs direction, can be confirmed, reversed, modified, referred back, or remade by a District Court on an appeal. They therefore avoid costs not following the event because a determination is, but a related costs direction cannot be, reversed or modified on appeal.

Clause 38 corrects a drafting error in section 271(2)(b), which allows a product certification body to lift the suspension of a product certificate if satisfied that the proprietor of the certified building method or product has within a reasonable period rectified the matter that led to the suspension. The error is that section 271(2)(b) refers to that matter being rectified by the product certification body.

Clause 39 amends section 412(2) to ensure that the Regulations (Disallowance) Act 1989 does not apply to compliance documents (which are not legislative but administrative in character) that incorporate material by reference.

Clause 40 amends Schedule 1, which specifies building work for which a building consent is not required. One amendment is to make clearer (without changing its substance) the exemption for repairs to or certain replacements of open-vented water storage heaters connected to solid-fuel heaters or other supplementary heat exchangers. That exemption applies only to repairs or replacements of that kind using the same pipework. The other amendment makes it clear that the exemption for alterations to existing sanitary plumbing in a dwelling (for example, replacing a bath with a shower or moving a toilet) does not apply when a building consent is required for repairs to or replacements of water storage heaters connected to solid-fuel heaters or other supplementary heat exchangers.

Part 6
Charitable Trusts Act 1957

Part 6 amends the Charitable Trusts Act 1957.

Clause 42 substitutes new sections 26 and 26A which relate to the dissolution of a Board. The amendment provides for the Registrar's declaration of dissolution, and any revocation of a declaration, to be published on an Internet site for a period of not less than 20 working days, in addition to the current requirement for publication in the Gazette.

Clause 43 amends section 28, which relates to the Registrar's obligation to keep a register of all matters that the Act, or regulations made under the Act, require the Registrar to record. The amendment provides for the register to be kept in any manner that the Registrar thinks fit, including in an electronic form.

Part 7
Chatham Islands Council Act 1995

Part 7 amends the Chatham Islands Council Act 1995.

Clause 45 amends section 7(1) by adding a new paragraph (c) to provide that the functions, duties, and powers of the Chatham Islands Council include those of a regional authority under the Building Act 2004.

Part 8
Companies Act 1993

Part 8 amends the Companies Act 1993.

Clause 47 amends section 3 to provide that the public notice of certain matters required to be given by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), and 360A(2)(b) (which relate to, for example, the Registrar's intention to remove a company from the New Zealand register where the company has ceased to carry on business) must be given by publication of the notice in the Gazette. This replaces the current requirement for notice of these matters to be given by publication in the Gazette and the newspapers specified in section 3(1) and (2). The amendment also requires the Registrar to ensure that a copy of the notice published in the Gazette is available for not less than 20 working days on an Internet site maintained by or on behalf of the Registrar.

Clauses 48 and 49 correct a cross-reference contained in sections 239AEM(2) and 310G(2).

Part 9
Conservation Act 1987

Part 9 amends the Conservation Act 1987.

Clause 51 amends section 26ZD(7) to provide that regional Fish and Game Council annual general meetings must be held within 4 months following the end of their financial year, instead of within 3 months.

Clause 52 amends section 26ZR by substituting subsection (2). New subsection (2) provides that the offence provisions in section 26ZR(1) do not apply to actions taken by designated and authorised persons under section 26ZR(2) for the purpose of taking or destroying any freshwater fish or using in any water any hazardous substance, narcotic substance, or electric fishing device. This amendment restores section 26ZR(2) to its original form before it was inadvertently amended by section 149 of the Hazardous Substances and New Organisms Act 1996.

Clause 53 substitutes section 26ZZQ to provide that a person in charge of a dog (as well as the owner of the dog) commits an offence if the dog attacks and seriously injures or kills protected wildlife in a controlled dog area or open dog area.

Clause 54 amends Schedule 1 by omitting a reference to Part 5 of the Fisheries Act 1983, which was repealed by section 136 of the Conservation Law Reform Act 1990.

Part 10
Copyright Act 1994

Part 10 amends the Copyright Act 1994.

Clause 56 amends section 50, which sets out definitions used in sections 51 to 56C. The definition of prescribed library currently includes a reference to law libraries provided and maintained under section 375(1) of the Lawyers and Conveyancers Act 2006. That section contemplated that law libraries formerly provided and maintained by District Law Societies under the Law Practitioners Act 1982 would be taken over by whatever incorporated societies replaced District Law Societies. However, when the Lawyers and Conveyancers Act 2006 came into force, the New Zealand Law Society took over the provision and maintenance of the former District Law Society libraries. The definition of prescribed library in section 50 of the Copyright Act 1994 is therefore amended to include a reference to law libraries provided and maintained by the New Zealand Law Society, in order to retain the intended effect of the current provision.

Part 11
Coroners Act 2006

Part 11 amends the Coroners Act 2006.

Clause 58 amends section 140(a) so that it enables regulations to be made prescribing not only fees, allowances, and travelling allowances and expenses, but also salaries, for specialist advisers, witnesses, doctors, analysts, and pathologists, who—

• perform any function under the Act; or

• give evidence for the purposes of an inquiry conducted, or at an inquest held, under the Act.

Section 45(a) of the Coroners Act 1988 enabled regulations to be made prescribing salaries of that kind. The power to do that was, however, not brought forward in the Coroners Act 2006 (which contains separate provisions for coroners' salaries and allowances). It has since been confirmed to be necessary (for example, to enable pathologists to be paid by way of prescribed salaries instead of by way of prescribed fees).

Part 12
Court Martial Act 2007

Part 12 amends the Court Martial Act 2007.

Clause 60 amends Schedule 1 (which relates to alternative offences under the Armed Forces Discipline Act 1971 of which an accused may be convicted by the Court Martial) to replace an incorrect cross-reference.

Part 13
Court Martial Appeals Act 1953

Part 13 amends the Court Martial Appeals Act 1953.

Clause 62 amends section 6 (which relates to appeals against decisions of the Court Martial relating to bail). The amendment clarifies the powers that the Court Martial Appeal Court has in relation to the decision appealed against.

Clause 63 amends section 9EA (which relates to appeals against findings relating to fitness to stand trial) to replace an incorrect cross-reference.

Part 14
Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980

Part 14 amends the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980.

Clause 65 amends the Long Title to include a reference to the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel, which New Zealand signed in September 2006.

Clause 66 extends the definition of United Nations operation to include operations for the purpose of delivering humanitarian, political, or development assistance in peace building, and also operations for the purpose of delivering emergency humanitarian assistance. The effect of this amendment is to widen the protection given by certain of the offence provisions of the principal Act to persons connected with the United Nations who are present, in an official capacity, in areas where those United Nations operations are conducted. The amendment is required by the Optional Protocol and must be enacted before New Zealand can ratify it.

Part 15
Crown Entities Act 2004

Part 15 amends the Crown Entities Act 2004.

Clause 68 amends section 28, which provides for the appointment of members of a statutory entity. The amendment replaces the requirement in current section 28(3)(c) for individual notices of appointment to be published separately (and exactly) in the Gazette. Instead, the information about an appointment must be notified in the Gazette rather than each individual notice of appointment. The amendment enables information about an appointment to be published together with information about other appointments to save costs and for administrative convenience.

Part 16
Defence Act 1990

Part 16 amends the Defence Act 1990.

Clause 70 amends section 58 (which relates to unit and other non-public funds). The section provides that the accounts of those funds may, if considered desirable by the Controller and Auditor-General, be audited by the Auditor-General. The amendment clarifies that the Auditor-General has powers for that purpose under the Public Audit Act 2001.

Clause 71 corrects an incorrect cross-reference in section 90 (which relates to documents that may be evidence in proceedings under Part 7 (dealing with offences punishable by civil courts)).

Part 17
Dog Control Act 1996

Part 17 amends the Dog Control Act 1996.

Clause 73 amends section 31, which requires a territorial authority to classify certain dogs as dangerous dogs. The amendment substitutes a new subsection (1), which clarifies that the descriptions of the dogs in paragraphs (a) to (c) are not cumulative, but are separate descriptions.

Part 18
Electoral Act 1993

Part 18 amends the Electoral Act 1993.

Clause 75 substitutes a new section 93 that simplifies the process for updating the electoral roll where changes to an elector's details are required as a result of a marriage or civil union. New section 93—

• removes the obligation for a party to an intended marriage or civil union to provide information to the Registrar-General at the request of the Chief Registrar (the request of the Chief Registrar is unnecessary because parties to a marriage or civil union provide information to the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 1995); and

• requires the Registrar-General to provide information to the Chief Registrar rather than the local Registrar of Electors; and

• requires the Registrar-General to provide details of registered marriages and civil unions rather than details of intended marriages and civil unions; and

• preserves a manual system for ascertaining whether individuals want to change the details under which they are registered.

Part 19
Epidemic Preparedness Act 2006

Part 19 amends the Epidemic Preparedness Act 2006.

Clause 77 replaces sections 17 and 18 of the principal Act with a new section 18.

Section 17 provides for the giving notice of a motion to disallow an immediate modification order. The giving of notices of motion is already provided for in the Standing Orders of the House of Representatives, so strictly section 17 is unnecessary.

At present, section 18 refers back to a notice of a motion given under section 17. The new section 18 simply provides that an immediate modification order is disallowed if the House resolves to disallow it within 6 sitting days after it is made.

Clause 78 modifies section 19 of the principal Act to reflect the language of the new section 18.

Clause 79 repeals section 20 of the principal Act, which provides for the lapsing of notices of motion to disallow immediate modification orders. The lapsing and withdrawal of notices of motion are also provided for in Standing Orders, so strictly section 20 is also unnecessary.

Clause 80 modifies section 21(1) of the principal Act to reflect the language of the new section 18.

Clause 81 replaces section 22 of the principal Act with a new section. At present section 22 leaves open the possibility of disallowing an immediate modification order under the Regulations (Disallowance) Act 1989, so long as a notice of motion to disallow it has not earlier lapsed or not been agreed to. Under the new section, it will not in any circumstances be possible to disallow an immediate modification order under the Regulations (Disallowance) Act 1989, even if no action to disallow it has been taken within the 6 sitting days after it is made.

Part 20
Fire Service Act 1975

Part 20 amends the Fire Service Act 1975.

Clause 83 substitutes a new section 21A(1)(d) to clarify that a relevant building includes one where hazardous substances are present in quantities exceeding the prescribed minimum amount and is not restricted to a building or part of a building used to store or process hazardous substances.

Part 21
Flags, Emblems, and Names Protection Act 1981

Part 21 amends the Flags, Emblems, and Names Protection Act 1981.

Clause 85 amends section 20(3) of that Act by adding the name “New Zealand Food Safety Authority” and the abbreviation “NZFSA”. The effect is to prohibit the unauthorised use of that name or that abbreviation.

Part 22
Immigration Advisers Licensing Act 2007

Part 22 amends the Immigration Advisers Licensing Act 2007.

Clause 87 amends section 7 to make it clear that a person acting under or pursuant to the Ombudsmen Act 1975, or any other enactment that confers functions on the Ombudsmen, is not considered to be providing immigration advice for the purposes of the Immigration Advisers Licensing Act 2007. Other enactments that confer functions on the Ombudsmen include the Official Information Act 1982, the Local Government Official Information and Meetings Act 1987, and the Protected Disclosures Act 2000.

Clause 88 amends section 23, which provides for the upgrade of licences. The amendment provides for the continuation of a licence that would otherwise expire before the application to upgrade the licence is determined.

Part 23
Incorporated Societies Act 1908

Part 23 amends the Incorporated Societies Act 1908 (the Act).

Clause 90 substitutes a new section 28, which relates to the dissolution of a society incorporated under the Act (a society). New clause 28 provides for the Registrar's declaration of dissolution of a society, and any revocation of a declaration, to be published on an Internet site for a period of not less than 20 working days, in addition to the current requirement for publication in the Gazette.

Clause 91 amends section 33, which relates to the Registrar's obligation to keep a register of all matters that the Act, or regulations made under the Act, require the Registrar to record. The amendment provides for the register to be kept in any manner that the Registrar thinks fit, including in an electronic form.

Clause 92 amends section 34A to clarify that the Registrar's powers relating to inspection of registers, records, and other specified materials that are kept by a society apply to any of those things in an electronic form.

Part 24
Insolvency Act 2006

Part 24 amends the Insolvency Act 2006.

Clause 94 amends section 35 to reflect new terminology relating to charging orders in the High Court Rules.

Part 25
Juries Amendment Act 2008

Part 25 amends the Juries Amendment Act 2008 (the Amendment Act), which itself amends the Juries Act 1981 (the principal Act). The amendments relate to sections 4 and 11 of the Amendment Act, which relate to jury districts and deferral of jury service. Those sections are not in force but, under section 2(2) of the Amendment Act, are to come into force on a date or dates to be appointed.

Clause 96 amends section 4 of the Amendment Act, which amends section 5 of the principal Act, which relates to jury districts. The amendments relate to overlapping jury districts. They therefore also relate to the Governor-General's power, set out in section 5(4) of the principal Act and exercised on the advice of the Minister of Justice, to declare jury district boundaries by notice in the Gazette in such a way as to ensure that—

• no place is included in 2 or more District Court jury districts; and

• no place included in a jury district for a Court town is more than 45 km by the most practicable route from the courthouse in that town.

In considering the advice to be given to the Governor-General, the Minister of Justice is required by section 5(5) of the principal Act to have regard to—

• the convenience of the residents in getting to and from a court for jury service; and

• the principle in criminal cases that, so far as practicable, the jury should be drawn from the community in which the alleged offence occurred; and

• the desirability of ensuring that, so far as practicable, the number of persons on the respective jury lists for different districts is roughly equal.

Jury districts (whether for a Court town at which sittings of the High Court are held, or for a Court town at which jury trials are held before a District Court) are expanded by the new section 5(3)(b) of the principal Act (substituted by section 4(1) of the Amendment Act). They are expanded so that they comprise every place within not 30 km (as previously), but 45 km, by the most practicable route from the courthouse in the Court town in which jury trials may be held. This expansion has increased the incidence of overlapping High Court jury districts and District Court jury districts (for example, from courthouses in Tauranga and Rotorua, and also from courthouses in Palmerston North and Wanganui). The amendments ensure that the Governor-General's power under section 5(4) of the principal Act to declare jury district boundaries applies not only in respect of overlapping District Court jury districts, but also in respect of overlapping High Court jury districts.

Clause 97 amends section 11 of the Amendment Act, which inserts into the principal Act new sections 14B and 14C, which relate to deferral of jury service. Under new section 14B the Registrar may permit a person summoned to attend as a juror on an occasion to defer that person's attendance to a time that—

• is within 12 months after the date on which the person is required to attend under the summons; and

• is specified by the Registrar; and

• the person has indicated would be more convenient.

However, only 1 deferral may be permitted in respect of a jury summons and, before permitting a person to defer his or her jury service, the Registrar must be satisfied, on a written application for the purpose made by or on behalf of that person, that, because of 1 or more specified matters, attendance on that occasion would cause or result in undue hardship or serious inconvenience to that person, any other person, or the general public. The specified matters are as follows:

• the nature of that person's occupation or business, or of any special and pressing commitment arising in the course of that person's occupation or business:

• that person's disability:

• that person's state of health, or family commitments, or other personal circumstances.

The amendments do not affect the grounds on which the Registrar may, on an application, permit a deferral of jury service, but ensure that, if deferral is permitted,—

• any jury service of a person summoned to attend as a juror is deferred not to a time specified when the Registrar permits deferral, but instead to a time within a period that lasts for at least 1 month, that starts at least 8 weeks, and ends no later than 1 year, after the date on which the person is required to attend under the summons, and that is specified at the time that the Registrar permits deferral:

• the person's details are included, in accordance with the jury rules, in any later panel that is compiled under the Juries Act 1981 for jury trials to be held in the court and that is so compiled at a time that enables the person to be summoned to attend for jury service at a time within the period specified for the person's deferred jury service:

• if no jury trials are to be held during that period, the person is no longer liable to serve as a juror as a result of the summons in relation to which the application for deferral was made (and that the Registrar must promptly serve on the person written notice to that effect):

• the jury rules may prescribe the method or methods of service on the person of a Registrar's written notice that the person is no longer liable to serve as a juror as a result of the summons in respect of which the application for deferral was made.

Part 26
Marriage Act 1955

Part 26 amends the Marriage Act 1955.

Clause 99 substitutes new section 11, which sets out the same criteria for entering an applicant's name on the list of marriage celebrants as are specified in the Civil Union Act 2004 in respect of an applicant seeking appointment as a civil union celebrant. New section 11 no longer requires the Registrar-General to be satisfied that entering a person's name on the list of marriage celebrants would be convenient for the residents of the locality in which that person resides.

Part 27
Misuse of Drugs Act 1975

Part 27 amends the Misuse of Drugs Act 1975.

Clause 101 amends section 31 by omitting from subsections (2) and (2A) references to registered post as a means of delivery of something to be analysed, and substituting a requirement that the delivery use a traceable system. This change is made because registered post is no longer available. In addition to the requirement that the delivery use a traceable system, the thing to be analysed must still be delivered in a sealed package.

Part 28
National Parks Act 1980

Part 28 amends the National Parks Act 1980.

Clause 103 substitutes a new definition of foreshore. The current definition refers to the definition in the Harbours Act 1950, which has been repealed.

Clause 104 inserts a new section 51A. New section 51A empowers the Minister to do any thing or authorise a person to do any thing in a national park that the Minister considers appropriate for the proper and beneficial management, administration, and control of the park and that is not inconsistent with the park's management plan (if there is one). New section 51A essentially reinstates section 49(1)(f) as it was before section 49 was replaced by the National Parks Amendment Act 1996. Section 49 now applies only to concessions.

Part 29
New Zealand Institute of Chartered Accountants Act 1996

Part 29 amends the Act that was previously called the Institute of Chartered Accountants of New Zealand Act 1996 by changing its Title and changing all references to the Institute of Chartered Accountants of New Zealand to New Zealand Institute of Chartered Accountants in order to reflect a change that the Institute has made to its name. It also makes a large number of consequential amendments to other enactments.

Clause 105 states that this Part amends the Act that was previously called the Institute of Chartered Accountants of New Zealand Act 1996.

Clause 106 amends the Long Title by changing a reference to the Institute of Chartered Accountants of New Zealand to New Zealand Institute of Chartered Accountants.

Clause 107 amends the name of the principal Act, changing it from the Institute of Chartered Accountants of New Zealand Act 1996 to the New Zealand Institute of Chartered Accountants Act 1996. It also consequentially amends section 1(1) and specifies that all references in an enactment or in a document to the Institute of Chartered Accountants of New Zealand Act 1996 must be read as a reference to the New Zealand Institute of Chartered Accountants Act 1996.

Clauses 108 to 110 amend references to the Institute of Chartered Accountants of New Zealand in 2 sections and in a heading to the New Zealand Institute of Chartered Accountants.

Clause 111 inserts a new section 18A, which specifies that all references in an enactment or in a document to the Institute of Chartered Accountants of New Zealand must be read as a reference to the New Zealand Institute of Chartered Accountants.

Clause 112 and Schedule 1 consequentially amend various Acts by changing references to the Institute of Chartered Accountants of New Zealand to the New Zealand Institute of Chartered Accountants, and references to the Institute of Chartered Accountants of New Zealand Act 1996 to the New Zealand Institute of Chartered Accountants Act 1996.

Clause 113 and Schedule 2 consequentially amend other enactments by changing references to the Institute of Chartered Accountants of New Zealand to the New Zealand Institute of Chartered Accountants, and references to the Institute of Chartered Accountants of New Zealand Act 1996 to the New Zealand Institute of Chartered Accountants Act 1996.

Part 30
New Zealand Superannuation and Retirement Income Act 2001

Part 30 amends the New Zealand Superannuation and Retirement Income Act 2001.

Clause 115 amends section 20(1), which requires the chief executive in certain circumstances to grant a special disability allowance to the recipients of certain benefits for the purpose of defraying expenses arising from the hospitalisation of a spouse or partner.

At present the allowance cannot be granted unless the spouse or partner is in receipt of a reduced benefit under section 19(4) or (5). The effect of the amendment is that the requirement for the spouse or partner to be in receipt of a reduced benefit—

• continues to apply to a recipient whose spouse or partner is a patient in a hospital; but

• ceases to apply to a recipient whose spouse or partner is a resident assessed as requiring care and in respect of whom a funder is paying some or all of the cost of contracted care services under section 141 or 142 of the Social Security Act 1964.

Minister of Finance’s statement on the consultation process followed in the formulation of an amendment to the New Zealand Superannuation and Retirement Income Act 2001 included in the Statutes Amendment Bill 2009

Introduction

Section 73 of the New Zealand Superannuation and Retirement Income Act 2001 (the Act) provides that the Minister must, on the introduction into the House of Representatives of a Government Bill that proposes an amendment to the Act, bring to the attention of the House the consultation process that was followed in the formulation of the proposed amendment. The term “Minister”, for the purposes of section 73, is defined in section 5 of the Act as the Minister of Finance.

That statement must include (without limitation)—

• (a) whether consultation has taken place with the parties that are in agreement with the Part proposed to be amended (as listed in Schedule 4 of the Act)

• (b) whether consultation has taken place with the Guardians (to the extent that the amendment relates to Part 2 of the Act)

• (c) the results of the consultation.

The Statutes Amendment Bill 2009 (the Bill) proposes amendments to Part 1 of the Act. It does not propose to amend Part 2, Part 3, Part 4 or any of the schedules of the Act.

Consultation process

The Minister for Justice wrote to the leaders of ACT New Zealand, the Green Party, Labour Party, Māori Party, New Zealand First, Progressive Party, and United Future New Zealand advising them of the Government’s intention to introduce the Bill. The proposed amendments in the Bill included changes to section 69C(5) of the Social Security Act 1964 and section 20 of the New Zealand Superannuation and Retirement Income Act 2001 to correct a drafting error in relation to the special disability allowance. This amendment will remove any doubt that when a person has a spouse or partner in long-term residential care who is receiving residential care subsidy, that person is eligible for the special disability allowance to help offset the cost of expenses arising from having their spouse or partner in residential care.

No consultation was undertaken with the Guardians of New Zealand Superannuation as the Bill does not propose to amend Part 2 of the Act.

Results of the consultation

ACT New Zealand, the Green Party, Labour Party, Māori Party, New Zealand First, Progressive Party, and United Future New Zealand have indicated that they will support the proposed amendment to the New Zealand Superannuation and Retirement Income Act 2001 in the Bill.

The Ministry of Social Development, as the government department responsible for administration of Part 1 of the Act, Veterans' Affairs New Zealand and the Treasury also support the proposed amendments to the Act.

Hon Bill English

Minister of Finance

Part 31
Property Law Act 2007

Part 31 amends the Property Law Act 2007.

Clause 117 amends section 139(1), which, to reduce uncertainty, identifies when a mortgagee enters into possession (and so becomes a mortgagee in possession) of the mortgaged land or goods. That occurs on the earlier of the dates specified in paragraphs (a) to (c). The mortgagee enters into possession,—

• under section 139(1)(a), on entering into, or taking, physical possession of the land or goods; and

• under section 139(1)(b), on first receiving any income from the land or goods as mortgagee in possession.

Section 139(1)(c), like the new section 139(1)(c) substituted by clause 2, relates to cases in which—

• the mortgagee is entitled under the mortgage to exercise a power to enter into possession of mortgaged land or goods; and

• the mortgagee exercises that power, as section 137(1)(c) contemplates, by applying to the court for an order for possession of the land or goods by the mortgagee; and

• the court responds to the mortgagee's application by making the order.

New section 139(1)(c) is substituted only to make it absolutely clear that, in cases of that kind, if the mortgagee has not earlier entered into possession under section 139(1)(a) or (b), the mortgagee is taken to have entered into possession of the land or goods on the date on which the mortgagee applies to the court for the order. This backdating of possession, by section 139(1)(c), to the date of application, enacted a long-standing common law rule. It was recommended by the Law Commission in paragraph 444 of (NZLC R29, 1994), which cited Southpac Custodians Ltd v Bank of New Zealand [1993] 1 NZLR 663 (CA) to show that it is “almost automatic” for the mortgagee, on applying for one, to obtain an order for possession. This backdating effect of section 139(1)(c) was, however, rejected in Advanced Securities Ltd v Lee (2008) 6 NZ ConvC 194,658; (2008) 9 NZCPR 755 (HC). In that case, Associate Judge Doogue rejected the backdating owing to the concern, addressed by a new section 139(3), that it is difficult or impossible for the mortgagee to comply with section 156(1) by giving the current mortgagor, at the time when the mortgagee enters into possession of the land or goods under section 139(1)(c), written notice of the mortgagee's entry into possession. That concern also arises for the initial and further reports that a mortgagee in possession is required to make by sections 162 and 163.

New section 139(3), which overrides section 139(1) and (2), therefore modifies sections 156, 162, and 163 in their application to a mortgagee who enters into possession under new section 139(1)(c) so that—

• the mortgagee's duty under section 156(1) to give notices of the mortgagee's entry into possession arise on the making of the order for possession or, as the case may be, within a period calculated by reference to the date of the making of that order; and

• the mortgagee's duties under section 162(1) and 163(1) to report must be performed within a period commencing on the making of the order for possession or, as the case may be, within a period commencing with the end of periods after the date of the making of that order.

Part 32
Protection of Personal and Property Rights Act 1988

Part 32 amends the Protection of Personal and Property Rights Act 1988.

Clause 119 amends section 94A to enable witnesses from the same law firm or the same trustee corporation to separately advise and witness the signatures of people who are appointing each other mutually as attorneys, although each witness must otherwise be independent of the attorney under section 94A(4).

Part 33
Public Finance Act 1989

Part 33 amends the Public Finance Act 1989.

Clause 121 amends section 65J(1)(b) so that, instead of requiring all costs, charges, and expenses incurred in connection with investments to simply be paid from a Crown Bank Account, it also permits the payment to be made from a Departmental Bank Account if the Minister so directs. This provides flexibility consistent with other similar provisions in the Public Finance Act 1989.

Part 34
Public Records Act 2005

Part 34 amends the Public Records Act 2005.

Clause 123 amends section 46(2) to correct a reference from “controlling public office” to “controlling local authority”.

Clause 124 amends section 65(2)(b) to correct a cross-reference from section “42(2)(a)(iii)” to “42(3)(c)”.

Part 35
Radiocommunications Act 1989

Part 35 amends the Radiocommunications Act 1989.

Clause 126 amends section 131(1), which currently enables the Secretary (who is defined as the chief executive of the department that administers the Radiocommunications Act 1989) to grant licences for the supply of radio apparatus. The amendment enables the licences to also cover the importation of radio apparatus for supply.

Clause 127 amends section 132, so that it is an offence to import radio apparatus for supply or offer to import such apparatus for supply without an authorising licence under section 131.

Clause 128(1) amends section 134(1)(a) to provide that regulations may be made prohibiting the unlicensed importation for supply of radio apparatus of any class or classes, as well as just the unlicensed supply of such apparatus as at present.

Clause 128(2) amends the existing power in section 134(1)(g) to make regulations prohibiting or controlling the installation, use, sale, distribution, or manufacture of interfering equipment or susceptible equipment. The amendment provides that regulations may also prohibit or control the importation of interfering equipment or susceptible equipment.

The policy behind these amendments is to enable more effective enforcement of the existing regulatory powers over interfering equipment, susceptible equipment, and certain sorts of radio apparatus. The earliest point in the supply chain at which the existing empowering provisions provide for controls or prohibitions is at the point of supply (or, in the case of interfering equipment and susceptible equipment, at the point of manufacture). Imposing controls or prohibitions at the earlier point of importation for supply will more effectively promote the purposes of the Act.

Part 36
Rates Rebate Act 1973

Part 36 amends the Rates Rebate Act 1973.

Clause 130 amends the definition of income in section 2(1) to include all money received by partners of ratepayers.

Part 37
Real Estate Agents Act 2008

Part 37 amends the Real Estate Agents Act 2008.

Clause 132 amends section 69(1). Section 69(1) provides that a person may search the register of licensees, on payment of a prescribed fee. Clause 132 removes the requirement that a fee always be prescribed.

Clause 133 repeals section 156(1)(j). That provision refers to the making of regulations for the purposes of section 138. Section 138 sets out general penalties for offences under the Act and has no relevance to the regulations that can be made under the Act.

Part 38
Securities Act 1978

Part 38 amends the Securities Act 1978.

Clause 135 amends section 68B to correct a cross-reference error.

Part 39
Social Security Act 1964

Part 39 amends the Social Security Act 1964.

Clause 137 corrects a minor drafting mistake in section 10A(1A).

Clause 138 inserts a new section 12S to indicate that decisions of the High Court and Court of Appeal, given on appeals arising out of decisions of the Social Security Appeal Authority, may be subject to a further appeal to the Supreme Court in accordance with the Supreme Court Act 2003.

Clause 139 amends section 61E to update the definition of weekly accommodation costs. The amendment reflects the fact that accommodation supplements need not be renewed, but are periodically reviewed.

Clause 140 amends section 62 to remove an outdated reference to the renewal of a benefit. This reference is no longer appropriate as benefits no longer need to be renewed.

Clause 141 amends section 69C(5), which requires the chief executive in certain circumstances to grant a special disability allowance to the recipients of certain benefits for the purpose of defraying expenses arising from the hospitalisation of a spouse or partner.

At present the allowance cannot be granted unless the spouse or partner is in receipt of a reduced benefit under section 75(3) or (4). The effect of the amendment is that the requirement for the spouse or partner to be in receipt of a reduced benefit—

• continues to apply to a recipient whose spouse or partner is a patient in a hospital; but

• ceases to apply to a recipient whose spouse or partner is a resident assessed as requiring care and in respect of whom a funder is paying some or all of the cost of contracted care services under section 141 or section 142.

Clause 142 amends section 72(a) by adding to the list of provisions providing for the payment of benefits that are exceptions to the general rule that a person is not entitled to receive more than one benefit in his or her own right section 61GA (which relates to childcare assistance) and section 23 of the Social Security (Working for Families) Amendment Act 2004 (which is a transitional provision under which the special benefit formerly paid under the now repealed section 61G can continue to be paid to people who were receiving it when that section was repealed).

Clause 143 amends section 73 to remove outdated references to a former jurisdiction of the Maori Land Court to confer entitlements to the relatives of a deceased out of the deceased’s estate.

Clause 144 amends section 74AA, which provides that an applicant for certain kinds of benefit is not eligible for it unless he or she satisfies the following requirements:

• being a New Zealand citizen (or either holding or being deemed to hold a residence permit under the Immigration Act 1987, or being exempt from holding a residence permit under section 12 of that Act); and

• being ordinarily resident in New Zealand when he or she first applies for the benefit; and

• (unless he or she has refugee status under the Immigration Act 1987) having resided continuously in New Zealand for at least 2 years at any one time after becoming a New Zealand citizen (or being granted or being deemed to hold a residence permit under the Immigration Act 1987, or becoming exempt from holding a residence permit under section 12 of that Act).

The amendment exempts from those requirements applicants resident in a country with which New Zealand has a reciprocal social security agreement.

Clause 145 amends section 79, which deems persons who are employed overseas and liable to New Zealand income tax to be resident in New Zealand. This is for the purpose of meeting eligibility criteria for benefits. However, to be eligible for New Zealand superannuation, a person must have been both resident and present in New Zealand for a specified number of years. With a view to these eligibility criteria, section 79 is amended to deem the persons covered by that section to be both resident and present in New Zealand. The deeming provision applies as from 23 June 1987, when the residential qualification of national superannuation (now New Zealand Superannuation) was changed to include a requirement of presence.

Clause 146 amends section 80(8), which provides that the payment of a benefit is not subject to the usual stand-down if the applicant is returning to it after a period of temporary employment. The effect of the amendment is that payment of a benefit will also not be subject to stand-down if the applicant is returning to it after a period of part-time work of less than 26 weeks.

Clause 147 amends section 96A(8) to correct a cross-reference.

Clause 148 corrects a cross-reference in section 102(2)(h).

Clause 149 amends section 132AC, which relates to the inflation adjustment of income limits prescribed for the purposes of childcare assistance. The amendment clarifies that the income limits to be adjusted are those in force immediately before the adjustment takes effect.

Clause 150 amends section 155(2), which provides for the inflation adjustment of the income-from-assets exemption that is applied in assessing the extent to which a person’s long-term residential care in a hospital or rest home is to be publicly funded. Section 155(2) requires the exemption to be increased on every 1 July by an amount that reflects the movement in the All Groups index number of the New Zealand Consumers Price Index (published by Statistics New Zealand) for the year ending on the previous 1 March. However, Statistics New Zealand publishes CPI figures for the previous 31 March, not 1 March. The amendment accordingly changes the reference from 1 March to 31 March.

Part 40
Statistics Act 1975

Part 40 amends the Statistics Act 1975, for the purposes of—

• authorising a full range of transmission modes by which people may receive, fill in, and return schedules for all surveys, including the 5-yearly census of population and dwellings, including—

  • allowing the department to deliver schedules to respondents by electronic means; and

  • clarifying that respondents may fill in and return electronic schedules:

• improving the process for people to obtain a census schedule if they have not received one:

• updating the formal titles of census personnel.

Clause 152 amends section 2 by inserting a definition of the phrase “means to access an electronic schedule”. The definition makes it clear that this phrase refers to a personal identification number, a password, an access code, an encryption key, or any other information or device, and does not include, for example, the provision of a modem or personal computer.

Clause 153 amends section 19 by updating the titles of certain census personnel.

Clause 154 substitutes a new section 23(3). The existing subsection (3) requires the Statistician to publish the names and addresses of all census district supervisors for people to contact in order to obtain a schedule. The substituted subsection (3) omits the requirement to publish census district supervisors' names and addresses, and instead requires the Statistician to publish details of how to obtain a schedule if one is not received.

Clause 155 substitutes a new section 25. The existing section places a duty on a person who has failed to receive a schedule by personal delivery to obtain a schedule by applying to the nearest census district supervisor, or the Statistician, or an employee of the Department. The style of the substituted section is modernised and the following substantive changes are made:

• the reference to schedules being personally delivered is omitted, because in future other modes of delivery of schedules (or the means to access electronic schedules), may be used, including electronic delivery:

• the substituted section is expressed as applying to a person who has not received “a schedule, or the means to access an electronic schedule”:

• instead of being required to contact the nearest census district supervisor, or the Statistician, or a Department employee to obtain a schedule, the requirement is to obtain a schedule in accordance with details that will be published by the Statistician under new section 23(3).

Clause 156(1) amends section 26 by replacing subsection (2) with new subsections (2) to (2F). The style of the substituted subsections is modernised, and the following substantive changes are made:

• New subsection (2) provides that the person in charge of a dwelling may discharge his or her duty to ensure that census schedules are returned by every person in that dwelling by sighting a confirmation of receipt of an electronic schedule issued by the Department.

• New subsections (2A) and (2B) set out what must happen when a person (other than the person in charge of a dwelling) is required to complete a census schedule, but does not choose to do so electronically, or is unable to do so electronically because the person in charge of the dwelling is unable or unwilling to provide a computer facility for the person to use. In these situations the person who is required to complete the schedule must ask the person in charge of the dwelling to supply a paper schedule, or contact the Department to arrange for delivery of a schedule.

• New subsection (2C) requires the person in charge of a dwelling to use reasonable endeavours to supply a paper schedule, if asked to do so.

• New subsections (2D) to (2F) apply to a person who is at a dwelling at the time of the census but who is not a member of the family of the occupier of the dwelling. The only substantive change to the law that is made by the substituted subsections is the addition of a reference to the possibility of a person in this situation completing an electronic schedule that is personal to himself or herself. A person to whom these subsections applies is required to complete any census schedule that is personal to himself or herself, and also to supply to the occupier any details necessary to complete other schedules. The person must either personally return the schedule that he or she has completed or allow the occupier to return it. An existing proviso is retained, to the effect that if such a person is aged 15 years or over, and has completed a paper schedule, he or she may seal the schedule in an envelope before handing it to the occupier.

Clause 156(2) changes a reference to a census enumerator to a reference to a census collector.

Clause 157 substitutes a new section 30, which sets out the methods by which survey schedules may be delivered. The substantive changes made—

• allow the Department to deliver either a schedule, or the means to access an electronic schedule; and

• permit delivery by electronic means, including by fax, email, and text messaging, to an address nominated by the recipient.

Clause 158 amends section 31, which places an onus on people to complete and return the survey schedules that are delivered to them. The amendments allow a schedule to be completed and returned electronically.

Part 41
Summary Proceedings Act 1957

Part 41 amends the Summary Proceedings Act 1957 (the principal Act).

Clause 160 amends section 158 of the principal Act by correcting a reference to a provision in the now-repealed Evidence Act 1908 to a reference to the relevant provision in the Evidence Act 2006.

Clause 161 amends section 166 of the principal Act by aligning the terminology used to current terminology used in the Corrections Act 2004.

Clause 162 amends section 184 of the principal Act by removing a reference to a provision of the principal Act that has been repealed.

Clause 163 amends section 184Q of the principal Act by correcting a reference to a provision in the now-repealed Evidence Act 1908 to a reference to the relevant provision in the Evidence Act 2006.

Clause 164 amends section 184T of the principal Act by reinstating the option that was previously available in the principal Act of committing mentally impaired defendants to a secure facility, as an alternative to committing them to a psychiatric hospital or to prison.

Clause 165 amends section 185D of the principal Act by correcting a cross-reference.

Part 42
Takeovers Act 1993

Part 42 amends the Takeovers Act 1993.

Clause 169(2) and (3) update cross-references in section 8.

The effect of the other amendments in Part 42 and Schedule 3 is to replace the defined term “specified company” with “code company” in the Takeovers Act 1993 and other enactments, reflecting the use of the term “code company” in the Takeovers Code. The definition is unchanged.

Part 43
Taratahi Agricultural Training Centre (Wairarapa) Act 1969

Part 43 amends the Taratahi Agricultural Training Centre (Wairarapa) Act 1969.

Clause 185 amends section 3(2), which specifies the membership of the Taratahi Agricultural Training Centre (Wairarapa) Trust Board. One of the members is appointed on the nomination of the Farm Education and Training Association. That organisation has changed its name to the Agriculture Industry Training Organisation Incorporated. The amendment substitutes the new name in section 3(2)(d).

Clause 186 amends section 11(3), which authorises the Board to secure payment of borrowed money by mortgage or charge against the training centre or any part of it or any of its personal property. The amendment authorises the Board to mortgage or charge any real or personal property owned by the Board.

Part 44
Telecommunications Act 2001

Part 44 amends the Telecommunications Act 2001.

Clauses 188 and 189 correct cross-reference errors in the Telecommunications Act 2001 made by the Telecommunications Amendment Act (No 2) 2006.

Part 45
Trans-Tasman Mutual Recognition Act 1997

Part 45 amends the Trans-Tasman Mutual Recognition Act 1997.

Clause 191 amends Category 2 of Schedule 1 to correct an error in the item relating to the Plant Variety Rights Act 1987. Currently, the year of this Act is incorrectly shown as 1981.

Part 46
Wild Animal Control Act 1977

Part 46 amends the Wild Animal Control Act 1977.

Clauses 193 and 194 amend sections 8(4) and 17(1) respectively by inserting “land” before “administered by the Department” to correct the omission.

Part 47
Wills Act 2007

Part 47 amends the Wills Act 2007.

Clause 196 amends section 11 to provide that—

• a will-maker need not actually sign his or her will in the presence of witnesses, but may acknowledge in the presence of witnesses that he or she signed the will earlier and that the signature on the will is his or her own:

• a witness need not include a statement of his or her attestation, but statements of this kind made by at least 2 witnesses are evidence of the will's valid execution.

These amendments to section 11 ensure that it is consistent with the interpretation given to its predecessor.