Statutes Amendment Bill

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Statutes Amendment Bill

Government Bill

71—1

Explanatory note

General policy statement

This Statutes Amendment Bill consists entirely of amendments to Acts and is therefore an omnibus Bill that may be introduced by virtue of Standing Order 262(1)(f). It is intended that the Bill will be divided into separate Bills at the committee of the whole House stage.

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

Section 73 of the New Zealand Superannuation and Retirement Income Act 2001 (the Act) requires the Minister of Finance, on the introduction into the House of Representatives of a Government Bill that proposes an amendment to the Act, to bring to the attention of the House the consultation process that was followed in the formulation of the proposed amendment.

In preparing the Statutes Amendment Bill, the Associate Minister of Justice undertook cross-party consultation with all parties in Parliament. Therefore, all parties named in Schedule 4 have been consulted on this amendment except the Progressive Coalition Party which is defunct and is the subject of the amendment. There were no objections to this amendment during cross-party consultation.

The Guardians of New Zealand Superannuation have not been consulted as the Bill does not propose amending Part 2 of the Act.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. Delayed commencement is required for clauses 75(4) and 78 so that regulations can be made to implement certain changes relating to enduring powers of attorney and so that those changes can be publicised to the legal profession and trustee corporations before the sections come into force. The regulations will—

  • make changes to the prescribed form for a certificate by a witness to a donor’s signature:

  • prescribe information required to be included in a medical certificate of a donor’s mental incapacity.

The rest of the Act will come into force on the day after the date on which the Act receives the Royal assent.

Part 1Accident Compensation Act 2001

Clause 3 provides that Part 1 amends the Accident Compensation Act 2001.

Clause 4 amends section 139, which imposes duties on the Accident Compensation Corporation to ensure the independence of persons who conduct reviews under Part 5. The amendments expand the range of persons whom the Corporation must not engage as a reviewer to include any employee of the Corporation and any person employed or engaged by a subsidiary of the Corporation.

Part 2Bail Act 2000

Clause 5 provides that Part 2 amends the Bail Act 2000.

Clauses 6 to 9 make technical amendments to clarify that sections 14, 53, 54, and 55 apply to appellants appealing their conviction or sentence, or both, who are in custody or in a home detention residence subject to a sentence of home detention.

Part 3Charities Act 2005

Clause 10 provides that Part 3 amends the Charities Act 2005.

Clause 11 amends section 16(2)(c) so that a person cannot be an officer of a charitable entity if he or she has been convicted of an offence under section 143B of the Tax Administration Act 1994. Section 143B of the Tax Administration Act 1994 is concerned with tax evasion offences. Such offences are similar to the other disqualifying offences specified in section 16(2)(c).

Clause 12 amends section 18 so that an application for registration as a charitable entity will be treated as withdrawn if an applicant fails to respond within the requisite time frame to a request for further information or documentation or to a notice from the chief executive of any matter that might result in the application being declined. This amendment will reduce the administrative burden for the chief executive of processing applications where there has been no response within the requisite time frame and will ensure that the Board only needs to make decisions about complete applications.

Clause 13 amends section 61(1)(a) to reflect the appeal right given in section 59. Section 59 relates only to decisions of the Board, and not to decisions of the chief executive.

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

Clause 14 provides that Part 4 amends the Children, Young Persons, and Their Families Act 1989.

Clause 15 amends section 113B(2)(a) to correct a cross-reference.

Clause 16 amends section 140(3) because of the amendments to section 145 made by clause 17.

Clause 17 amends section 145 to clarify that if a family group conference has been convened or reconvened in respect of a child or young person, a separate family group conference need not be convened or reconvened to consider a proposal concerning that child or young person to—

  • enter into an extended care agreement; or

  • extend an extended care agreement; or

  • terminate an extended care agreement other than in the manner specified in the agreement.

Part 5Commodity Levies Act 1990

Clause 18 provides that Part 5 amends the Commodity Levies Act 1990.

Clause 20 replaces section 13. The main change from the previous version of the section is to deem a levy order to be revoked 6 years after it commences, rather than 6 years after it is made.

The remainder of Part 5 relates to transitional arrangements. Clause 21 inserts new Schedule 1AA set out in Schedule 1 of this Bill. New Schedule 1AA contains a transitional provision that applies to levy orders made before new section 13 comes into force. Clause 19 inserts new section 2A, which provides that the provisions set out in new Schedule 1AA have effect according to their terms.

Part 6Community Trusts Act 1999

Clause 22 provides that Part 6 amends the Community Trusts Act 1999.

Clause 23 amends section 11(2) to make the obligation of community trusts to remain established in their area or region subject to any adjustment in accordance with new section 16A.

Clause 24 inserts new section 16A to allow adjoining community trusts to adjust their adjoining boundaries by mutual agreement and with the consent of the Minister. New section 16A also provides for the transfer of assets between the adjoining community trusts to reflect the adjustment.

Part 7Conservation Act 1987

Clause 25 provides that Part 7 amends the Conservation Act 1987.

Clause 26 amends section 38(4) to clarify that, unless it is done in accordance with a permit, it is an offence to take a trap into, or use a trap in, a conservation area—

  • for the purpose of molesting, pursuing, capturing, killing, poisoning, tranquillising, trapping, or immobilising an animal; or

  • for the purpose of taking an animal product.

Part 8Corrections Act 2004

Clause 27 provides that Part 8 amends the Corrections Act 2004.

Clause 28 amends 2 definitions in section 3(1). The definition of authorised property is amended to align with the rule-making powers in section 45A to which it refers, so that both the definition of authorised property and the rule-making powers in section 45A refer not only to property that may be issued to prisoners, but also to property that prisoners may be allowed to keep. The definition of person under control or supervision is amended to remove the obsolete reference to “a person who is serving a sentence of imprisonment on home detention”, as this form of home detention is no longer possible under the Sentencing Act 2002.

Clauses 29 to 33 amend sections 8(1)(c), 25(1)(a), 34(1), and 47 and the cross-heading above section 24. These amendments remove obsolete references to sentences of imprisonment served on home detention and to persons serving such sentences. As a result of amendments to the Sentencing Act 2002 by the Sentencing Amendment Act 2007, and the completion of all relevant sentences of home detention on which prisoners were released or to which sentences of imprisonment were reduced before the commencement of those amendments, there is no longer any possibility of an offender being subject to imprisonment served on home detention or being released on home detention.

Clause 34 amends section 103. Subsection (2) is replaced with a new subsection that refers generally to statutory search powers that a constable is, in the circumstances of the provision, entitled to exercise, rather than referring to specific search powers under particular provisions of other enactments.

Clauses 35 to 37 amend sections 156(2), 182A(3)(a), and 182B(1) respectively. Those amendments remove references to serving sentences of imprisonment on home detention, for the reasons set out in the analysis of clauses 29 to 33 above. In addition, clause 37 amends section 182B(1) to correct a grammatical error.

Part 9Crown Entities Act 2004

Clause 38 provides that Part 9 amends the Crown Entities Act 2004.

Clause 39 amends section 107(2A) to clarify that the Minister of State Services and the Minister of Finance may give a direction under section 107 to individual companies listed in Schedule 4A of the Public Finance Act 1989 that are part of a group under section 107(2)(c). The amendment clarifies that the Ministers do not need to issue the direction to every company in the list.

Clause 40 replaces section 110 to clarify that a ministerial direction given under section 107 may specify a date for giving effect to the direction that is later than the date on which the direction comes into force under section 109. It also clarifies that a new Crown entity within a category or type of Crown entities must give effect to any existing directions that apply to that category or type on the date on which the new Crown entity is established or any later date that applies to the other Crown entities in the category or type.

Clause 41 amends section 139B(4)(c) to correct a typographical error by replacing the word exemption with the word extension (as used in the heading to section 139B and elsewhere in the section).

Clause 42 amends section 149L(3) to clarify that any other Minister, not just a Crown entity’s responsible Minister, may present a Crown entity’s statement of performance expectations to the House of Representatives (consistent with corresponding provisions in the Public Finance Act 1989 that allow any responsible Minister to present information to the House (see sections 39(6) and 44(3) of that Act).

Part 10Fisheries Act 1996

Clause 43 provides that Part 10 amends the Fisheries Act 1996.

Clause 45 amends section 186A(5) to provide that a notice made under that section may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that period. Section 186A currently provides that a notice made under that section may not be in force beyond 2 years after the date on which the notice is notified in the Gazette (which is usually an earlier date than the date on which the notice comes into force). Clause 46 makes the same amendment to section 186B(4).

Clause 47 amends section 197(3)(a) to allow the chief executive to determine the rate of an honorarium paid to an honorary fishery officer.

Clause 48 inserts new Schedule 1AA, which is set out in Schedule 2 of this Bill. New Schedule 1AA contains a transitional provision that applies to notices made under section 186A or 186B before the amendments in clauses 45 and 46 come into force. Clause 44 inserts new section 6A, which provides that the provisions set out in new Schedule 1AA have effect according to their terms.

Part 11Government Roading Powers Act 1989

Clause 49 provides that Part 11 amends the Government Roading Powers Act 1989.

Clause 50 amends section 48(2), which empowers the Minister to make bylaws relating to roads. The subject matter of these bylaws is set out in another enactment, and the amendment corrects the reference to this other enactment. The relevant paragraphs of section 684(1) of the Local Government Act 1974 (the provision currently referred to) have been repealed and, in effect, replaced by section 22AB(1) of the Land Transport Act 1998.

Clause 51 makes an identical amendment to section 61(3), which empowers the New Zealand Transport Agency to make bylaws relating to roads.

Part 12Harassment Act 1997

Clause 52 provides that Part 12 amends the Harassment Act 1997.

Clause 53 replaces 2 references in section 42 to the now-revoked District Courts Rules 2009 with references to the District Courts Rules 2014, which replaced them.

Part 13Health Practitioners Competence Assurance Act 2003

Clause 54 provides that Part 13 amends the Health Practitioners Competence Assurance Act 2003.

Clause 55 replaces section 54(4), which relates to notices that declare quality assurance activities to be protected. Section 54(4) provides that a notice remains in force for a period of 5 years after the date on which it is issued (the date of issue being earlier than the date on which the notice comes into force). The amendment removes the reference to the date of issue and provides that a notice remains in force for a full period of 5 years. The amendment also clarifies that a notice is revoked when that 5-year period expires.

Part 14Land Transport Act 1998

Clause 56 provides that Part 14 amends the Land Transport Act 1998.

Clause 57 amends section 30ZH(1)(a) and (b) by reducing the period of time for which a driver who is subject to the work time limits imposed by Part 4B must maintain a logbook. The period of time is reduced from 36 months to 12 months.

Clause 58 makes 2 amendments to section 98(1), which provides for the release of vehicles that have been impounded. In the 2 relevant locations, section 98(1) incorrectly refers to “the person in respect of the vehicle”. References to the person registered in respect of the vehicle were incorrectly amended on a previous occasion. The references should be to the owner of the vehicle because, in the case of some impounded vehicles, there is no registered person.

Clause 59 amends section 119 as follows:

  • subclause (1) amends subsection (3)(a)(iii), which provides one of the grounds of suspicion on which an enforcement officer may, without warrant, enter a building or place and seize or impound a vehicle located there. The amendment reduces the scope of this power of entry, seizure, and impoundment by reference to the suspected use of the vehicle. As amended, the suspected use must be in the commission of the narrower category of an “imprisonable offence” rather than a “crime”:

  • subclause (2) amends subsection (5) by replacing an incorrect reference to “the Judge” with a reference to “the issuing officer”. The effect is to ensure that the person (the issuing officer) who may issue a warrant under section 119(3) is the person to whom the application for the warrant was made.

Clause 60 amends section 165(1)(d) by inserting “(as the case may be)” after the reference to the opinion of the Minister or the Agency. This amendment makes clear that the person who may make a rule that incorporates material by reference (the Minister or the Agency) may do so only on the basis of that person’s own opinion about the impracticality of including the material in a rule.

Part 15Land Transport Management Act 2003

Clause 61 provides that Part 15 amends the Land Transport Management Act 2003.

Clause 62 replaces section 52(3A)(a) to allow notice of non-payment of a road toll to be given to the person registered in respect of the relevant vehicle by post to the person’s postal address as well as to the street address of the person’s last known place of residence or business.

Part 16Members of Parliament (Remuneration and Services) Act 2013

Clause 63 provides that Part 16 amends the Members of Parliament (Remuneration and Services) Act 2013.

Clause 64 amends section 23, which requires the Speaker to issue directions setting out certain services and funding available to members of Parliament. Section 23(1)(a) currently requires the Speaker to issue directions that set out the entitlements of members of Parliament and qualifying electoral candidates to travel services. The amendment provides that the directions must also cover the extent (if at all) to which, after a member of Parliament vacates his or her seat, travel services may continue to be provided for the purpose of attending to matters associated with leaving Parliament.

Part 17Misuse of Drugs Act 1975

Clause 65 provides that Part 17 amends the Misuse of Drugs Act 1975.

Clause 66 amends section 23(2)(ca), which provides that the Minister of Health may prohibit a midwife from prescribing controlled drugs or exercising certain other rights only on the recommendation of the Nursing Council of New Zealand. The amendment replaces the reference to the Nursing Council of New Zealand with a reference to the Midwifery Council. The Midwifery Council succeeded the Nursing Council of New Zealand as the authority responsible for midwives when it was established by the Health Practitioners Competence Assurance Act 2003.

Part 18New Zealand Superannuation and Retirement Income Act 2001

Clause 67 provides that Part 18 amends the New Zealand Superannuation and Retirement Income Act 2001.

Clause 68 amends Schedule 4, which lists the political parties represented in Parliament that are in agreement with—

  • Part 1 (which relates to entitlements to New Zealand superannuation):

  • Part 2 (which relates to the New Zealand Superannuation Fund).

References to the Progressive Coalition Party are deleted from the lists in Parts 1 and 2 because the Progressive Coalition Party is no longer a political party represented in Parliament.

Part 19Oaths and Declarations Act 1957

Clause 69 provides that Part 19 amends the Oaths and Declarations Act 1957.

Clause 70 replaces section 22(2)(a) to remove an outdated reference to the Judges of the Arbitration Court.

Clause 71 updates Schedule 2 to replace an item relating to the Judges of the Arbitration Court with an item relating to Employment Court Judges.

Part 20Parliamentary Service Act 2000

Clause 72 provides that Part 20 amends the Parliamentary Service Act 2000.

Clause 73 amends section 14(1)(c), which currently refers to nomination by the Parliamentary Service Commission of members for the political exchange programme. Section 14(1)(c) should refer to the function of the Parliamentary Service Commission of making recommendations about appointments to the review committee. Section 20 deals with the establishment of a review committee and requires the Speaker to take into account any recommendations made by the Commission under section 14(1)(c).

Part 21Protection of Personal and Property Rights Act 1988

Clause 74 provides that Part 21 amends the Protection of Personal and Property Rights Act 1988.

Clause 75 amends section 94A. New subsection (4A) is inserted to add a further exception to the requirement in subsection (4) that a witness to the signature of a donor must be independent of any attorney. If 2 people appoint each other as attorney, the same person may witness the signature of both of them as donor if, having regard to the matters in subsection (7)(a) to (b), the witness is satisfied that witnessing both signatures does not constitute a conflict of interest. Clause 75 also makes a consequential amendment to subsection (7)(c).

Clause 75 also inserts new subsection (6A), which relates to a new regulation-making power in new paragraph (bab) of section 12 (as inserted by clause 81). If regulations made under new paragraph (bab) prescribe a form of standard explanation for any of the matters in subsection (6), which a witness to a donor’s signature must explain to the donor, under new subsection (6A) the witness may give the explanation by—

  • giving a copy of the form to the donor; and

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

  • if the form or 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.

Clause 75 also amends subsection (7) to clarify which prescribed form is being referred to in the subsection.

Clause 75 also inserts new paragraph (ab) into subsection (7), adding a new requirement for a certificate by a witness to a donor’s signature. The new requirement is that the witness believes on reasonable grounds that the donor—

  • understands the nature of the instrument; and

  • understands the potential risks and consequences of the instrument; and

  • is not acting under undue pressure or duress.

The new requirement applies only to enduring powers of attorney executed after the commencement of new paragraph (ab).

Clause 76 inserts new section 95A, which says if an enduring power of attorney states that it revokes an earlier enduring power of attorney of the same kind, both powers of attorney continue to have effect until the earlier one is revoked by notice given in the manner set out in new subsection (2) or ceases to have effect by any of the other ways listed in section 106(1). 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 and the notice may be given by a person other than the donor, including if the donor becomes mentally incapable.

Clause 77 inserts new paragraphs (c) and (d) into section 99A(1) to widen a consultation requirement to include any attorney appointed by a donor under either the same enduring power of attorney or any other enduring power of attorney. New subsection (8) is also inserted into section 99A to clarify that if the same attorney is required to be consulted under new paragraphs (c) or (d) and subsection (7), the requirements of both subsections (1) and (7) must be met in relation to that attorney.

Clause 78 replaces section 99D(1). The existing requirement relating to certificates of a donor’s mental incapacity issued outside New Zealand is retained. For certificates issued in New Zealand, the requirement for these to be in the prescribed form is replaced with a requirement that certificates must contain prescribed information.

Clause 79 amends section 106 by inserting 4 new paragraphs into subsection (1), which lists different circumstances in which an enduring power of attorney ceases to have effect. Under those new paragraphs, an enduring power of attorney will cease to have effect when—

  • it is revoked by notice given under new section 95A to the attorney or attorneys (new paragraph (ab)):

  • a donor, by notice in writing, revokes the appointment of the attorney while mentally capable of doing so (new paragraph (ba)):

  • in the case where more than 1 attorney is appointed under a power of attorney, with joint but not several authority, the donor, by notice in writing, revokes the appointment of one of the attorneys while mentally capable of doing so (new paragraph (bb)):

  • in the case where more than 1 attorney is appointed under the power of attorney, with several authority or with joint and several authority, the last remaining attorney has his or her appointment revoked under new section 106A(1) or dies or is adjudged bankrupt or becomes incapable of acting in any of the ways specified in the paragraph (new paragraph (ea)).

Clause 79 also makes consequential amendments to section 106(1)(d) and (e), to replace outdated references, and to section 106(2), to include a reference to new paragraph (ba).

Clause 80 inserts new section 106A, which says 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, revoke the appointment of 1 or more of the attorneys while mentally capable of doing so. New subsection (2) provides, to avoid doubt, that the revocation of the appointment of 1 or more of the attorneys does not result in the power of attorney ceasing to have effect if there is at least 1 remaining attorney. This contrasts with the position of attorneys with joint but not several authority.

Clause 81 inserts 2 new regulation-making powers into section 112. New paragraph (bab) allows regulations to be made that prescribe a form of standard explanation for a witness to give to a donor. This power corresponds to the provision in new section 94A(6A). New paragraph (bc) allows regulations to be made that prescribe information for certificates for the purpose of any medical examination or assessment under Part 9, including a certificate under new section 99D(1).

Part 22Public Finance Act 1989

Clause 82 provides that Part 22 amends the Public Finance Act 1989.

Clause 83 inserts new subsection (1A) into section 45M to clarify that—

  • the annual financial statements of all of the organisations listed in Schedule 4 must be presented to the House of Representatives, including those of organisations that are not required to prepare an annual report:

  • the time frame within which this must be done is the same for all organisations regardless of whether they are required to prepare an annual report or a statement of performance expectations.

Part 23Sale and Supply of Alcohol Act 2012

Clause 84 provides that Part 23 amends the Sale and Supply of Alcohol Act 2012.

Clause 85 amends section 22 to provide that the holder of an on-site special licence can (on the premises that the special licence is held for, and in the circumstances specified) sell and supply alcohol, rather than sell or supply alcohol.

Clause 86 amends section 102 to replace the pronoun referring to the licence that is the subject of an application with an explicit reference to the licence.

Clauses 87 and 88 amend sections 103(4) and 141(5) respectively. District Licensing Committees must send copies of applications for alcohol licences and applications for special alcohol licences to the Police and relevant Medical Officers of Health. Police and Medical Officers of Health have 15 working days to inquire into the application and file a report that includes any objections to the application. To ensure that the Police and Medical Officers of Health do in fact have 15 working days from the day they receive a copy of the application, these amendments change the reference point for the period after which the licensing committee may assume that, if no report has been received, the Police or Medical Officer of Health does not oppose the application. The reference point for the period is changed from 15 working days after a copy of the application is sent, to 15 working days after a copy of the application is received by the Police or the Medical Officer of Health. The onus will be on the District Licensing Committee to find out when the copy of the application was received.

Clause 89 amends section 360 to reflect the fact that there is now more than 1 community trust (because the Parakai Licensing Trust was reconstituted as a community trust on 12 June 2013).

Clause 90 inserts new section 415A, which validates the status of the Parakai Community Trust from the date of commencement of the relevant provisions of the Act. When Schedule 1 commenced, it erroneously listed the already defunct Parakai Licensing Trust as an existing licensing trust and failed to list the Parakai Community Trust as an existing community trust. New section 415A rectifies this error by providing that the Act must be read as if the amendments to sections 360 and Schedule 1 made by this Bill had come into force on 18 December 2013 (the day on which Schedule 1 and related provisions commenced).

Clause 91 amends Schedule 1 to correct an error. It removes the Parakai Licensing Trust from the list of existing local licensing trusts in Part 2 of Schedule 1 and inserts the Parakai Community Trust in the list of existing community trusts in Part 3 of that schedule, to reflect the fact that this trust was reconstituted as a community trust on 12 June 2013.

Part 24Sentencing Act 2002

Clause 92 provides that Part 24 amends the Sentencing Act 2002.

Clause 93 amends section 30 to replace references to the Legal Services Act 2000 (which is now repealed) with references to the Legal Services Act 2011.

Clause 94 amends section 69I(3A), which applies when an offender or a probation officer applies for a variation of the conditions of a sentence of community detention on the grounds that the offender’s curfew address is no longer available or suitable. Clause 94 amends section 69I(3A) so that it also applies where an offender or probation officer applies for the cancellation or suspension of the offender’s conditions on the ground that his or her curfew address is no longer available or suitable. Section 69I(3A) allows the court to exercise certain powers in respect of the offender if no suitable alternative curfew address is available.

Clause 95 amends section 80F(4A), which applies when an offender or a probation officer applies for a variation of the conditions of a sentence of home detention on the grounds that the offender’s home detention residence is no longer available or suitable. Clause 95 amends section 80F(4A) so that it also applies when the offender or probation officer applies for the remission, suspension, or cancellation of the offender’s conditions on the ground that his or her home detention residence is no longer available or suitable. Section 80F(4A) allows the court to exercise certain powers in respect of the offender if no suitable alternative home detention residence is available.

Clauses 96 and 98 change references to “home detention address” in sections 80FA and 80ZGD(3)(a) to “home detention residence”, which is a defined term used throughout the Act.

Clause 97 amends section 80N(2)(a), which applies when a court sentences an offender to a term of home detention of more than 6 months. The amendment clarifies that the court may vary the period for which any standard post-detention conditions apply to the offender, but the court has no discretion over whether to impose the standard post-detention conditions.

Clause 99 amends section 93(2)(a), which applies when a court sentences an offender to a term of imprisonment of more than 12 months, but not more than 24 months. The amendment clarifies that the court may vary the period for which any standard conditions (as set out in section 14(1) of the Parole Act 2002) apply to the offender, but the court has no discretion over whether to impose the standard conditions.

Clauses 100 to 102 amend sections 123C(1)(a), 123D(1)(a)(ii), and 123G(b) to update references to the Domestic Violence Act 1995. The updated references reflect changes to the Domestic Violence Act 1995 made by the Domestic Violence Amendment Act 2013.

Part 25State Sector Act 1988

Clause 103 provides that Part 25 amends the State Sector Act 1988.

Clause 104 amends the definition of State services in section 2 to correct an omission in paragraph (aba) and ensure grammatical correctness and consistency with the structure of the other paragraphs in the definition. In addition, paragraph (ac) is repealed because it is a duplication. A Crown Research Institute is a Crown entity, and is therefore included in the definition of State services, by virtue of paragraph (ab).

Clause 105 amends section 43(2) to correct a grammatical error by replacing the word “its” with the word “the”, because the functions are now carried out by the Commissioner rather than the Commission.

Part 26Victims’ Orders Against Violent Offenders Act 2014

Clause 106 provides that Part 26 amends the Victims’ Orders Against Violent Offenders Act 2014.

Clause 107 inserts a new cross-heading and new sections 24A to 24C.

New section 24A empowers the court to—

  • forbid the publication of any report of proceedings:

  • forbid the publication of the name or affairs of any person:

  • exclude members of the public from proceedings.

New section 24B enables any person to apply for a renewal or a review of a non-publication order.

New section 24C makes it an offence to breach a non-publication order. The penalty is a fine not exceeding $1,000 in the case of an individual or $5,000 in the case of a body corporate. Breach of an order to leave the courtroom may be dealt with as contempt of court.

Clause 108 revokes rule 44 of the Victims’ Orders Against Violent Offenders Rules 2014, as that rule will be redundant when new section 24A(1)(c) comes into force.

Part 27Vulnerable Children Act 2014

Clause 109 provides that Part 27 amends the Vulnerable Children Act 2014.

Clause 110 replaces section 36(1)(c). New paragraph (c) requires that an application for an exemption under section 35 (permitting a person convicted of a specified offence to be employed or engaged as a core worker) must also state whether the applicant is subject to any conditions imposed under the Sentencing Act 2002. Currently, an applicant need only state whether he or she is subject to conditions imposed under the Parole Act 2002 or the Criminal Justice Act 1985.

Clause 111 is a technical amendment to the list of specified offences in Schedule 2. The amendment clarifies that the statutory reference to the offence of assault on a child is section 194(a) of the Crimes Act 1961.

Part 28Wildlife Act 1953

Clause 112 provides that Part 28 amends the Wildlife Act 1953.

Clauses 113 and 114 replace references to noxious animals and the Noxious Animals Act 1956 with references to wild animals and the Wild Animal Control Act 1977. The references to noxious animals and the Noxious Animals Act 1956 have been obsolete since the Wild Animal Control Act 1977 replaced the Noxious Animals Act 1956. Animals that had been declared to be noxious animals are now defined as, or declared to be, wild animals.

Hon Simon Bridges

Statutes Amendment Bill

Government Bill

71—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Section 139 amended (Corporation’s duties to secure independence of reviewer)
5Principal Act
6Section 14 amended (Exercise of discretion when considering bail pending appeal)
7Section 53 amended (Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge)
8Section 54 amended (Granting of bail to appellant in custody or on home detention pending appeal to High Court)
9Section 55 amended (Granting of bail to appellant in custody or on home detention pending appeal to Court of Appeal or Supreme Court)
10Principal Act
11Section 16 amended (Qualifications of officers of charitable entities)
12Section 18 amended (Chief executive to consider application)
13Section 61 amended (Determination of appeal)
14Principal Act
15Section 113B amended (Effect of special guardianship order)
16Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)
17Section 145 amended (Agreement not to be made without approval of family group conference)
18Principal Act
19New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
20Section 13 replaced (Levy orders to expire after 6 years)
13Levy orders in force no more than 6 years unless extended
21New Schedule 1AA inserted
22Principal Act
23Section 11 amended (Regional identity of community trusts)
24New section 16A inserted (Adjustment to areas or regions of adjoining community trusts)
16AAdjustment to areas or regions of adjoining community trusts
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
44New section 6A inserted (Transitional, savings, and related provisions)
6ATransitional, savings, and related provisions
45Section 186A amended (Temporary closure of fishing area or restriction on fishing methods)
46Section 186B amended (Temporary closure of fisheries)
47Section 197 amended (Appointment of honorary fishery officers)
48New Schedule 1AA inserted
49Principal Act
50Section 48 amended (Powers of Minister over roads under Minister’s control)
51Section 61 amended (Powers and duties of Agency in relation to State highways)
52Principal Act
53Section 42 amended (Rules of court)
54Principal Act
55Section 54 amended (Application for, and conferral of, protection on quality assurance activity)
56Principal Act
57Section 30ZH amended (Duties regarding logbooks)
58Section 98 amended (Release of vehicle after 28 days)
59Section 119 amended (Powers of entry)
60Section 165 amended (Incorporation by reference)
61Principal Act
62Section 52 amended (Who is liable to pay toll)
63Principal Act
64Section 23 amended (Services and funding subject to Speaker’s directions)
65Principal Act
66Section 23 amended (Powers of Minister to prohibit prescribing, etc)
67Principal Act
68Schedule 4 amended
69Principal Act
70Section 22 amended (By whom oath of allegiance and judicial oath to be taken)
71Schedule 2 amended
72Principal Act
73Section 14 amended (Functions of Parliamentary Service Commission)
74Principal Act
75Section 94A amended (Creation of enduring power of attorney)
76New section 95A inserted (Notice revoking earlier enduring power of attorney)
95ANotice revoking earlier enduring power of attorney
77Section 99A amended (Attorney’s duty to consult)
78Section 99D amended (Medical certification of incapacity)
79Section 106 amended (Circumstances in which enduring power of attorney shall cease to have effect)
80New section 106A inserted (Revocation of appointment of attorneys with several authority)
106ARevocation of appointment of attorneys with several authority
81Section 112 amended (Regulations)
82Principal Act
83Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
84Principal Act
85Section 22 amended (Special licences)
86Section 102 amended (Objections to applications)
87Section 103 amended (Police, Medical Officer of Health, and inspector must inquire into applications)
88Section 141 amended (Inquiry into applications by Police, inspector, and Medical Officer of Health)
89Section 360 amended (Existing community trust continues in existence)
90New section 415A inserted (Application of amendments to section 360 and Schedule 1)
415AApplication of amendments to section 360 and Schedule 1
91Schedule 1 amended
92Principal Act
93Section 30 amended (No sentence of imprisonment to be imposed without opportunity for legal representation)
94Section 69I amended (Variation or cancellation of sentence of community detention)
95Section 80F amended (Application for variation or cancellation of sentence of home detention)
96Section 80FA amended (Chief executive of Department of Corrections may vary offender’s home detention address)
97Section 80N amended (Imposition of post-detention conditions on offender)
98Section 80ZGD amended (Effect of appeal on resumption of sentence of home detention)
99Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)
100Section 123C amended (Provisions applying to protection order made under section 123B)
101Section 123D amended (Explanation of protection order)
102Section 123G amended (Protection order treated as if made by Family Court)
103Principal Act
104Section 2 amended (Interpretation)
105Section 43 amended (Review of performance of chief executive)
106Principal Act
107New sections 24A to 24C and cross-heading inserted
24APower to clear court and restrict publication of proceedings
24BApplication for renewal or review of order made under section 24A
24CContravention of orders made under section 24A
108Consequential amendment to Victims’ Orders Against Violent Offenders Rules 2014
109Principal Act
110Section 36 amended (Application for exemption)
111Schedule 2 amended
112Principal Act
113Section 7A amended (Noxious animals)
114Schedule 6 heading replaced

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Statutes Amendment Act 2015.

2 Commencement

(1)

Sections 75(4) and 78 come 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)

Repeal section 139(2).

(3)

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

Part 2 Bail Act 2000

5 Principal Act

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

6 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).

7 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.

8 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.

9 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 3 Charities Act 2005

10 Principal Act

This Part amends the Charities Act 2005 (the principal Act).

11 Section 16 amended (Qualifications of officers of charitable entities)

Replace section 16(2)(c) with:

(c)

an individual who, or a body corporate that, has been convicted of either of the following and has been sentenced for the offence within the last 7 years:

(i)

a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961):

(ii)

an offence under section 143B of the Tax Administration Act 1994.

12 Section 18 amended (Chief executive to consider application)

(1)

In section 18(2), after “documentation”, insert “within 20 working days after the date of the request”.

(2)

In section 18(3)(c)(ii), replace “a reasonable opportunity” with “20 working days after the date of that notice”.

(3)

After section 18(3), insert:

(3A)

An application is to be treated as withdrawn if an applicant fails to adequately respond to a request under subsection (2) or to make submissions to the chief executive on a matter in a notice given under subsection (3)(c) within—

(a)

20 working days after the date of the request or notice; or

(b)

a longer period that the chief executive allows at the request of the applicant.

13 Section 61 amended (Determination of appeal)

In section 61(1)(a), delete “or the chief executive”.

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

14 Principal Act

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

15 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)”.

16 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”.

17 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

18 Principal Act

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

19 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.

20 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.

21 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

22 Principal Act

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

23 Section 11 amended (Regional identity of community trusts)

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

24 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 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 8 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)

Repeal section 47(2).

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)

Repeal section 156(2)(b)(ii)(A).

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 9 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 10 Fisheries Act 1996

43 Principal Act

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

44 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.

45 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:

46 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:

47 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”.

48 New Schedule 1AA inserted

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

Part 11 Government Roading Powers Act 1989

49 Principal Act

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

50 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”.

51 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 12 Harassment Act 1997

52 Principal Act

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

53 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 13 Health Practitioners Competence Assurance Act 2003

54 Principal Act

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

55 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 14 Land Transport Act 1998

56 Principal Act

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

57 Section 30ZH amended (Duties regarding logbooks)

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

58 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”.

59 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”.

60 Section 165 amended (Incorporation by reference)

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

Part 15 Land Transport Management Act 2003

61 Principal Act

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

62 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 16 Members of Parliament (Remuneration and Services) Act 2013

63 Principal Act

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

64 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 17 Misuse of Drugs Act 1975

65 Principal Act

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

66 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 18 New Zealand Superannuation and Retirement Income Act 2001

67 Principal Act

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

68 Schedule 4 amended

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

Part 19 Oaths and Declarations Act 1957

69 Principal Act

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

70 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:

71 Schedule 2 amended

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

Employment Court Judges

Part 20 Parliamentary Service Act 2000

72 Principal Act

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

73 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 21 Protection of Personal and Property Rights Act 1988

74 Principal Act

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

75 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 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 conflict of interest arises”.

76 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.

77 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.

78 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.

79 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”.

80 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.

81 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 22 Public Finance Act 1989

82 Principal Act

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

83 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 23 Sale and Supply of Alcohol Act 2012

84 Principal Act

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

85 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”.

86 Section 102 amended (Objections to applications)

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

87 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”.

88 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”.

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

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

90 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 23 of the Statutes Amendment Act 2015 had come into force on 18 December 2013.

91 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 24 Sentencing Act 2002

92 Principal Act

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

93 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”.

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

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

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

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

96 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.

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

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

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

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

99 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”.

100 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”.

101 Section 123D amended (Explanation of protection order)

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

102 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 25 State Sector Act 1988

103 Principal Act

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

104 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).

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

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

Part 26 Victims’ Orders Against Violent Offenders Act 2014

106 Principal Act

This Part amends the Victims’ Orders Against Violent Offenders Act 2014 (the principal Act).

107 New sections 24A to 24C and cross-heading inserted

After section 24, insert:

Power to clear court and restrict publication of proceedings

24A Power to clear court and restrict publication of proceedings

(1)

Where, in any proceedings, the court is of the opinion that it is desirable to do so, after having regard to the interests of any person (including, without limitation, the privacy of the victim) and to the public interest, the court may make any 1 or more of the following orders:

(a)

an order forbidding publication of any report or account of the whole or any part of—

(i)

the evidence adduced:

(ii)

the submissions made:

(b)

an order forbidding the publication of—

(i)

the name of any person, or any name or particulars likely to lead to the identification of that person:

(ii)

the affairs of any person:

(c)

an order excluding all or any persons other than the parties to the proceedings, any lawyer engaged in the proceedings, and any officer of the court from the whole or any part of the proceedings.

(2)

The court may make an order under this section on its own motion or on the application of any party to the proceedings.

(3)

Every application to the court for an order under this section may be heard in open court or in chambers.

(4)

An order made under subsection (1)(a) or (b)

(a)

may be made for a limited period or permanently; and

(b)

if it is made for a limited period, may be renewed for a further period or periods by the court under section 24B; and

(c)

if it is made permanently, may be reviewed by the court at any time under section 24B.

(5)

Nothing in this section limits or restricts any other power of the court—

(a)

to prohibit or restrict the publication of reports or particulars relating to proceedings; or

(b)

to hear proceedings in private or to exclude any person from the court.

24B Application for renewal or review of order made under section 24A

(1)

If the court makes an order under section 24(1)(a) or (b), any person may at any time apply to the court—

(a)

for a renewal of the order, if the order was made for a limited time:

(b)

for a review of the order, if the order was made permanently.

(2)

An application may be made under subsection (1) by any person who was a party to the proceedings in which the order was made or by any other person.

(3)

After considering an application under this section, the court may renew, revoke, vary, or continue the order as it thinks fit.

24C Contravention of orders made under section 24A

(1)

Every person commits an offence who breaches any order made under section 24A(1)(a) or (b) or evades or attempts to evade any such order.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $1,000:

(b)

in the case of a body corporate, to a fine not exceeding $5,000.

(3)

The breach of any order made under section 24A(1)(c), or any evasion or attempted evasion of the order, may be dealt with as contempt of court.

108 Consequential amendment to Victims’ Orders Against Violent Offenders Rules 2014

(1)

This section amends the Victims’ Orders Against Violent Offenders Rules 2014.

(2)

Revoke rule 44.

Part 27 Vulnerable Children Act 2014

109 Principal Act

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

110 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:

111 Schedule 2 amended

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

(31)

section 194(a) (assault on child):

Part 28 Wildlife Act 1953

112 Principal Act

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

113 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”.

114 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 21

Schedule 1AA Transitional, savings, and related provisions

s 2A

Part 1 Provision relating to Part 5 of Statutes Amendment Act 2015

Part 5 of Statutes Amendment Act 2015 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 2015 were not in force, to a levy order made before the commencement of that Act.

Schedule 2 New Schedule 1AA inserted

s 48

Schedule 1AA Transitional, savings, and related provisions

s 6A

Part 1 Provision relating to Part 10 of Statutes Amendment Act 2015

Part 10 of Statutes Amendment Act 2015 has no effect in relation to notices made under section 186A or 186B before its commencement

This Act continues to apply, as if Part 10 of the Statutes Amendment Act 2015 were not in force, to a notice made under section 186A or 186B before the commencement of that Act.