Statutes Amendment Bill

Statutes Amendment Bill

Government Bill

83—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).

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 of the Act have been consulted. There were no objections to this amendment during cross-party consultation. The Guardians of New Zealand Superannuation have been consulted on the amendment and have no objections.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. Clause 2(1) provides that clauses 46 (which replaces section 34 of the District Court Act 2016) and 47 (which amends section 35 of the District Court Act 2016) come into force on 1 July 2020. Clause 2(2) provides that Part 35, which amends the Senior Courts Act 2016, comes into force on 1 July 2020. This is because these amendments need to come into effect at the beginning of the financial year next following the enactment of this Bill.

The rest of this Bill comes into force on the day after the date of Royal assent.

Part 1Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Clause 3 provides that Part 1 amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

Clause 4 amends section 38(2)(b) to exempt from the requirements of section 38(1) (which prohibits the setting up of facilities involving false customer names or customer anonymity) a facility set up for law enforcement purposes by the Government Communications Security Bureau. Currently, the exemption only applies to such facilities that are set up by the Commissioner of Police or the New Zealand Security Intelligence Service.

Clause 5 adds the Financial Service Providers (Registration and Dispute Resolution) Act 2008 to the list of enactments in section 140(2) for which the disclosure of information obtained under any of those enactments is authorised if the disclosing entity has reasonable grounds to believe that the disclosure is necessary or desirable to ensure compliance with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and regulations made under it.

Part 2Armed Forces Discipline Act 1971

Clause 6 provides that Part 2 amends the Armed Forces Discipline Act 1971.

Clause 7(1) repeals the definition of Commonwealth force from section 2 because that definition is no longer required.

Clause 7(2) also amends section 2 to clarify the appointment process for provost officers. The current definition of provost officer does not address how or by whom a provost officer is appointed. The legal powers exercised by a provost officer are described in sections 88, 90, and 98. Circumstances that may require the exercise of these powers are likely to arise at short notice.

The new definition of provost officer requires an appointment to be made in writing by or on behalf of the Chief of Defence Force. For assistant provost marshals, an appointment may additionally be made by a provost marshal and, for other provost officers, an appointment may additionally be made by a provost marshal or by an assistant provost marshal. The requirement for appointments to be in writing may be met electronically (see Part 4 of the Contract and Commercial Law Act 2017, which was previously the Electronic Transactions Act 2002).

Clause 8 amends section 200T. Currently, section 200T requires that the record of proceedings of a court of inquiry not be disclosed to “persons not subject to this Act without authority from a superior commander”. The current make-up of the Defence Force includes many civilian staff who often work with courts of inquiry. These people are not “subject to this Act”, as that phrase connotes membership of the Armed Forces. The amendment in clause 8 is necessary to allow general business involving courts of inquiry to be conducted because there are employees who are not “subject to the Act” who need this information in their work.

The amendment also adds flexibility by enabling members of the Defence Force to see these records if authorised by a superior officer. For example, this would enable a member of the Defence Force who is related to another member to see records about that other member if authorised by a superior officer.

Part 3Building Act 2004

Clause 9 provides that Part 3 amends the Building Act 2004.

Clauses 10 to 12 amend sections 344 and 345 and Schedule 3 to change the appointment requirements for members of the Building Practitioners Board (the Board) so that members are appointed by the Minister, rather than the Governor-General, and the appointments are notified in the Gazette. Because there is no need for the Governor-General’s involvement in the appointment or removal process, these changes bring the Board into line with comparable occupational regulatory boards, the members of which do not require appointment by the Governor-General.

Clause 12(8) amends Schedule 3 to change the length of appointments, allowing members to be appointed for up to a 3-year term, rather than the remainder of the term that is being vacated. This removes unnecessary administration costs associated with the appointment and subsequent reappointment of Board members.

Part 4Burial and Cremation Act 1964

Clause 13 provides that Part 4 amends the Burial and Cremation Act 1964.

Clause 14 replaces section 29B, which requires trustees of cemeteries to have their financial statements audited. The new section has the same effect as the section that it replaces, but applies only in respect of cemeteries that have income of more than $1 million for the relevant financial year (instead of applying in respect of all cemeteries).

Part 5Chartered Professional Engineers of New Zealand Act 2002

Clause 15 provides that Part 5 amends the Chartered Professional Engineers of New Zealand Act 2002.

Clauses 16, 17, and 19 amend sections 49 and 50 and Schedule 1 to change the appointment requirements for members of the Chartered Professional Engineers Council (the Council) so that members are appointed by the Minister, rather than the Governor-General, and the appointments are notified in the Gazette. Because there is no need for the Governor-General’s involvement in the appointment or removal process, these changes bring the Council into line with comparable occupational regulatory boards, the members of which do not require appointment by the Governor-General.

Clause 18 amends section 58 to reduce the notification requirements for annual reports, so that publication of a report on an Internet site is sufficient. This reduces the administrative task of advertising in non-electronic media around the country.

Part 6Citizenship Act 1977

Clause 20 provides that Part 6 amends the Citizenship Act 1977.

Clause 21 amends section 7, which concerns citizenship by descent. The amendment removes the requirement for the Secretary for Internal Affairs (or a person authorised for the purpose) to sign a certificate issued to New Zealanders registering as citizens by descent. This change aligns the process of issuing certificates for citizenship by descent with the process of issuing certificates for other types of citizenship.

Part 7Companies Act 1993

Clause 22 provides that Part 7 amends the Companies Act 1993.

The amendments in clauses 23 and 24 relate to section 324, which sets out what happens to property of a company that is not distributed or disclaimed before that company is removed from the New Zealand register. The property vests in the Crown and the Secretary to the Treasury must give public notice of the vesting. The amendments in clause 23, to section 3, remove the requirement to publish that notice in a newspaper and require a copy of the notice, which must still be published in the Gazette, to be published online. The effect of the amendment in clause 24 is to remove the requirement for any public notice of the vesting in the Crown, under section 324, of property that is rights under a security or charge if the Secretary to the Treasury is satisfied that all amounts and all other obligations secured by the security or charge are paid, performed, or otherwise discharged.

Part 8Contract and Commercial Law Act 2017

Clause 25 provides that Part 8 amends the Contract and Commercial Law Act 2017.

Clause 26 amends section 336, which provides for a wharf owner or warehouse owner to sell goods by public auction. The amendment clarifies the reference to a Lloyd’s agent in that section by deleting an incorrect reference to the Insurance (Prudential Supervision) Act 2010. The amendment is consistent with section 27 of the Mercantile Law Act 1908, which was the provision that preceded section 336.

Part 9Coroners Act 2006

Clause 27 provides that Part 9 amends the Coroners Act 2006.

Clause 28 amends section 117 to afford to coroners, in relation to the holding of an inquest, the same powers to punish for contempt of court as judicial officers in the District Court. This amendment reinstates the powers that coroners had under section 365(2) of the Criminal Procedure Act 2011 before 1 March 2017. On that date, the latter provision was repealed and replaced by section 212 of the District Court Act 2016, which applies to contempt in District Court proceedings only.

Part 10Court Martial Act 2007

Clause 29 provides that Part 10 amends the Court Martial Act 2007.

Clause 30 corrects a cross-reference in section 49(4)(a).

Clause 31 repeals section 82(2)(a), which duplicates the requirement in section 82(1) that delegations be in writing.

Part 11Criminal Procedure Act 2011

Clause 32 provides that Part 11 amends the Criminal Procedure Act 2011.

Clause 33 amends section 215 by adding a right of appeal against a decision by a court making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006. Section 215 lists types of appeals available in Judge-alone cases. This particular right of appeal already exists in section 217, which lists types of appeals available in jury trial cases. The effect of the amendment is that the same right of appeal will be available in both types of cases.

Part 12Criminal Proceeds (Recovery) Act 2009

Clause 34 provides that Part 12 amends the Criminal Proceeds (Recovery) Act 2009.

Clauses 35, 36, and 37 amend sections 82, 83, and 85 respectively by replacing a reference to the Secretary for Justice with a reference to the Legal Services Commissioner. These amendments correct errors made as a result of incorrect consequential amendments made by the Legal Services Act 2011.

Part 13Crown Entities Act 2004

Clause 38 provides that Part 13 amends the Crown Entities Act 2004.

Clauses 39 to 41, 43, and 44 repeal sections 182, 183, 184, 195, and 196 of the Crown Entities Act 2004. These are all transitional provisions, and are spent. Clause 42 amends section 186 as a consequence of the repeal of section 184, because an expression used in section 186 is defined in section 184(3).

Part 14District Court Act 2016

Clause 45 provides that Part 14 amends the District Court Act 2016.

Clause 46 replaces section 34 to provide for the remuneration of the Chief District Court Judge, principal Judges, and permanent Judges, and also for the remuneration of the Principal Environment Judge and acting Judges in the District Court.

Clause 47 replaces the heading of section 35 to more accurately reflect that provision.

Clause 48 amends section 60 to allow any salary, fee, or allowance for Community Magistrates, and any additional allowances for the Chief Community Magistrate, determined by the Governor-General to be backdated. This reinstates the position that existed before the repeal of section 11G of the District Courts Act 1947 on 1 March 2017.

Clause 49 amends section 187 to correct a drafting error.

Clause 50 amends section 212 to clarify that the sanctions that may be imposed under this section apply to a contempt of court in civil or criminal proceedings.

Clause 51 amends section 214 to correct a drafting error.

Part 15Electricity Act 1992

Clause 52 provides that Part 15 amends the Electricity Act 1992.

Clause 53 amends Schedule 2 to provide for extraordinary vacancies in the Electrical Workers Registration Board (the Board) to be filled for up to a 3-year term, rather than the remainder of the term that is being vacated. This removes unnecessary administration costs associated with the appointment and subsequent reappointment of Board members. It also changes the deadline for the Board’s annual report to be presented to the House from 6 sitting days to 10 sitting days after the Minister receives it, to ensure consistency with other similar provisions.

Part 16Engineering Associates Act 1961

Clause 54 provides that Part 16 amends the Engineering Associates Act 1961.

Clause 55 amends section 3 to allow a member of the Engineering Associates Registration Board (the Board) to continue in office despite the expiry of their term, until either a successor is appointed or the member is reappointed. This prevents problems arising with the functioning of the Board if a term expires and a new appointment is not made promptly. Appointments to the Board must be notified in the Gazette.

Clause 56 amends section 10 to provide for extraordinary vacancies to be filled for up to a 2-year term, rather than the remainder of the term that is being vacated. This removes unnecessary administration costs associated with the appointment and subsequent reappointment of Board members.

Clause 57 inserts new sections 10A to 10E, which establish a framework for the preparation and publication of annual reports by the Board.

Part 17Flags, Emblems, and Names Protection Act 1981

Clause 58 provides that Part 17 amends the Flags, Emblems, and Names Protection Act 1981.

Clause 59 repeals section 26A. That section allows for a schedule of emblems, words, and names of the 28th Maori Battalion (NZ) Association Incorporated to be changed by Order in Council.

The Maori Battalion (NZ) Association Incorporated has been wound up. (That does not affect the continuation of affiliated branches that include veterans of the 28th Battalion and their descendants.) Consequentially, there will no longer be a need to amend the schedule.

Part 18Government Superannuation Fund Act 1956

Clause 60 provides that Part 18 amends the Government Superannuation Fund 1956.

Clause 61 repeals section 95(4), which provides that section 95 expires at the close of a date appointed by Order in Council. There is no longer any intention to bring about the expiry of section 95 through an Order in Council.

Part 19Immigration Act 2009

Clause 62 provides that Part 19 amends the Immigration Act 2009.

Clause 63 amends section 4, which concerns interpretation. The amendment adjusts the definition of deportation order to clarify that it includes copies of deportation orders described in section 176, when served in accordance with section 175, and Orders in Council made under section 163.

Clause 64 amends section 172, which provides that the Minister may cancel or suspend liability for deportation. The amendment provides that a person has 28 days from the date a deportation liability notice is served to lodge an appeal with the Immigration and Protection Tribunal or to leave New Zealand.

Clause 65 amends section 236, which concerns appeals against deportation liability in cases where persons are serving prison sentences. The amendment provides that the Immigration and Protection Tribunal must determine an appeal in this category as soon as practicable after it is lodged but before the person’s parole eligibility date or (in the case of a person serving a short-term sentence) before the person’s statutory release date.

Part 20Intelligence and Security Act 2017

Clause 66 provides that Part 20 amends the Intelligence and Security Act 2017.

Clause 67 amends clause 3 of Schedule 3 to provide that travelling allowances and expenses incurred by the Commissioners of Intelligence Warrants are paid from a permanent legislative authority. Currently, the Intelligence and Security Act 2017 does not provide for those allowances and expenses to be paid from a permanent legislative authority, meaning that they must be paid from departmental funds.

Part 21Legal Services Act 2011

Clause 68 provides that Part 21 amends the Legal Services Act 2011. The amendments remove provisions that have never been used and are no longer necessary.

Clause 69, owing to the repeal of section 9, repeals the definition of prescribed offence and amends the definitions of capital, disposable capital, and income.

Clause 70 repeals section 9.

Clause 71 repeals section 18(7)(e).

Clause 72 repeals section 21(7).

Clause 73 repeals section 114(1)(s), (t), and (u).

Part 22Motor Vehicle Sales Act 2003

Clause 74 provides that Part 22 amends the Motor Vehicle Sales Act 2003. The amendments relate to spent provisions in the Act.

Clause 75 repeals definitions in section 6(1) that are no longer relevant as a consequence of the repeals made by Part 22.

Clauses 76 and 77 amend, respectively, sections 24 and 25, which list persons who are disqualified from registration as motor vehicle traders. The repealed paragraphs relate to matters done under the (repealed) Motor Vehicle Dealers Act 1975 (the former Act).

Clause 78 repeals sections 148 to 156 (and related cross-headings), which contain transitional provisions relating to matters under the former Act (for example, licence applications that had been received but not processed and the completion of disciplinary proceedings) and the Motor Vehicle Dealers Licensing Board, which was constituted under the former Act and is now abolished.

Clause 79 repeals sections 158 to 161. Sections 158 to 161 contain transitional provisions relating to the Motor Vehicle Dealers Fidelity Guarantee Fund established under the former Act and the Motor Vehicle Dealers Institute Incorporated referred to in the former Act. In accordance with the Act, the Fund is now wound up. The Institute is no longer registered.

Clause 80 repeals section 163 and the cross-heading above it. Section 163 required a review of the operation of the Act and that review was completed some years ago.

Clauses 81 and 82 make revocations that are consequential on the repeal of sections 152 and 154.

Part 23New Zealand Government Property Corporation Act 1953

Clause 83 provides that Part 23 amends the New Zealand Government Property Corporation Act 1953.

Clause 84 amends section 11(1) to allow a person empowered by the New Zealand Government Property Corporation to execute documents on its behalf in New Zealand. The Act already enables this arrangement in places outside New Zealand.

Part 24New Zealand Superannuation and Retirement Income Act 2001

Clause 85 provides that Part 24 amends the New Zealand Superannuation and Retirement Income Act 2001.

Clause 86 inserts new section 59B, which provides that a Fund investment vehicle (as defined in section 59A) is not required to prepare its own annual financial statements, to have those financial statements audited, or to prepare an annual report.

Part 25Official Information Act 1982

Clause 87 provides that Part 25 amends the Official Information Act 1982.

Clause 88 replaces section 22(1) and (4) to clarify that information requested under section 22 may be withheld in reliance on section 9(2)(a), (b), (ba), (i), or (j) of that Act only if there is no countervailing public interest in making the information available.

Part 26Ombudsmen Act 1975

Clause 89 provides that Part 26 amends the Ombudsmen Act 1975.

Clause 90 amends Schedule 1 to remove redundant references, insert an updated reference to the State Services Commission, and update spelling in 5 items.

Part 27Plumbers, Gasfitters, and Drainlayers Act 2006

Clause 91 provides that Part 27 amends the Plumbers, Gasfitters, and Drainlayers Act 2006.

Clause 92 amends section 135 to allow a member of the Plumbers, Gasfitters, and Drainlayers Board to continue in office, despite expiry of their term, until either a successor is appointed or the member is reappointed. This prevents problems arising with the functioning of the Board if a term expires and a new appointment is not made promptly.

Clause 93 replaces section 153 to reduce the notification requirements for the Board’s annual reports so that publication of a report on an Internet site is sufficient. This reduces the administrative task of taking out advertisements in local newspapers and publishing notices in the Gazette.

Clause 94 amends section 154 to change the time within which the Minister must present a copy of the annual report to the House of Representatives from 12 sitting days to 10 sitting days after receipt of the report. This change is made to ensure consistency with other similar provisions.

Part 28Prisoners’ and Victims’ Claims Act 2005

Clause 95 provides that Part 28 amends the Prisoners’ and Victims’ Claims Act 2005.

Clause 96 amends section 18 by replacing the reference to the Secretary for Justice with a reference to the Legal Services Commissioner. This amendment corrects an error made as a result of an incorrect consequential amendment made by the Legal Services Act 2011.

Part 29Public Finance Act 1989

Clause 97 provides that Part 29 amends the Public Finance Act 1989.

Clause 98 amends section 15C, which sets out end-of-year performance information required for appropriations. The amendment relates to multi-category appropriations from which resources are used by 1 Crown entity or department only. It provides that end-of-year performance information for those appropriations must be provided by that Crown entity or department (rather than the appropriation administrator).

Clause 99 inserts new subpart 1A of Part 5, which relates to requirements for end-of-year performance information under section 19A. Section 19A requires departments, departmental agencies, Offices of Parliament, or Crown entities (performance reporters) to provide end-of-year performance information for a financial year if they are identified in the supporting information of an Appropriation Act as providing that information. New section 45LA allows the Minister of Finance to exempt performance reporters established during the last 4 months of a financial year from those requirements. New section 45LA(2) requires an exempted performance reporter to provide information for the period to which the exemption applies at the end of the reporter’s first full financial year.

Clause 100 replaces an incorrect cross-reference.

Clause 101 inserts a new column into Schedule 4 to represent section 149C of the Crown Entities Act 2004. Section 149C requires a Crown entity to prepare a statement of performance expectations. The effect of adding the column is that an Order in Council may be made to apply section 149C to the organisations listed in Schedule 4.

Part 30Real Estate Agents Act 2008

Clause 102 provides that Part 30 amends the Real Estate Agents Act 2008.

Clause 103 amends section 93, which sets out a Complaints Assessment Committee’s powers after making a determination about a licensee engaging in unsatisfactory conduct. The amendment clarifies the power to order that a business be made available for inspection so that it expressly includes the records, accounts, and assets of the business.

Part 31Registered Architects Act 2005

Clause 104 provides that Part 31 amends the Registered Architects Act 2005.

Clauses 105 to 107 amend sections 52 and 53 and the Schedule to change the appointment requirements for members of the New Zealand Registered Architects’ Board (the Board) so that members are appointed by the Minister, rather than the Governor-General, and the appointments are notified in the Gazette. Because there is no need for the Governor-General’s involvement in the appointment or removal process, these changes bring the Board into line with comparable occupational regulatory boards, the members of which do not require appointment by the Governor-General.

Part 32Resource Management Act 1991

Clause 108 provides that Part 32 amends the Resource Management Act 1991.

Clause 109 amends section 32(5)(a) so that the evaluation report for a proposed national policy statement or New Zealand coastal policy statement must be made available for public inspection as soon as practicable after the proposal is made.

Clause 110 amends section 48(1)(a) to correctly refer to a proposed national direction.

Clause 111 amends section 58L to extend the definition of relevant local authority to all types of local authority, including city councils.

Clause 112 amends section 58R(2), which requires a Mana Whakahono a Rohe to record certain matters for how disputes about implementation will be resolved. A redundant matter is removed and the description of another matter is corrected.

Clause 113 amends section 87B to treat any mining whose main purpose is to mine mercury as a prohibited activity. This implements an obligation under the Minamata Convention on Mercury.

Clause 114 amends section 360 by repealing a redundant provision.

Clause 115 amends clause 8 of Schedule 1 in relation to the restriction on who may make a further submission on a proposed change to a policy statement or plan. The restriction applies only if limited notification has been given for the proposed change.

Clause 116 repeals section 108 of the Resource Management Amendment Act 2005, which is a redundant provision.

Part 33Sale and Supply of Alcohol Act 2012

Clause 117 provides that Part 33 amends the Sale and Supply of Alcohol Act 2012.

Clause 118 amends section 136, which concerns the making of orders authorising applicants to carry on the sale and supply of alcohol for a period not exceeding 3 months. The amendments provide that, if an application for a temporary authorisation is uncontested, the chair of the relevant licensing committee may make the order instead of the committee. In this case, relevant references to the committee elsewhere in the Act are to be treated as references to the chair.

Part 34Secondhand Dealers and Pawnbrokers Act 2004

Clause 119 provides that Part 34 amends the Secondhand Dealers and Pawnbrokers Act 2004.

Clause 120 amends section 51, which concerns pawnbrokers records. The amendment to section 51(2)(g) replaces “interest” with “redemption fee” to eliminate any doubt that a pawnbrokers record must include the relevant redemption fee.

Clause 121 amends section 57, which concerns the redemption price of pawned goods. The amendment to section 57(1)(b) replaces “total interest” with “redemption fee” to eliminate any doubt that the redemption price of pawned goods includes the redemption fee for the pawned goods. The amendment to section 57(2) replaces “interest” with “a redemption fee” to clarify that a pawnbroker may charge only a redemption fee as part of the redemption price of pawned goods.

Part 35Senior Courts Act 2016

Clause 122 provides that Part 35 amends the Senior Courts Act 2016.

Clause 123 amends section 135, which provides for the remuneration of permanent Judges and Associate Judges, including Judges and Associate Judges authorised to sit on a part-time basis. The scope of this section is extended to cover the remuneration of acting Judges and Associate Judges. This will enable all judicial remuneration to be paid under a single permanent legislative authority, resulting in reduced administration costs.

Clause 124 amends section 137, which provides for the remuneration of acting Judges and Associate Judges. The amendment is necessary because of the changes made to section 135 above.

Part 36Standards and Accreditation Act 2015

Clause 125 provides that Part 36 amends the Standards and Accreditation Act 2015.

Clause 126 amends Schedule 1, which contains provisions relating to the New Zealand Standards Approval Board (the Board) and its chairperson and members, as follows:

  • to give the Minister flexibility about how notice calling for nominations may be published where, before appointing a member to the Board, the Minister considers it appropriate to invite public nominations:

  • to repeal the requirement to notify the resignation of a Board member or the chairperson of the Board.

Part 37State-Owned Enterprises Act 1986

Clause 127 provides that Part 37 amends the State-Owned Enterprises Act 1986.

Clause 128 repeals section 31, which required a report to the House of Representatives before 1 April 1990. This report was made and the section no longer serves any purpose.

Clause 129 repeals section 33 and Schedule 6. Section 33 repealed the Acts set out in Schedule 6 on 1 April 1987. Section 33 and Schedule 6 no longer serve any purpose.

Part 38State Sector Act 1988

Clause 130 provides that Part 38 amends the State Sector Act 1988.

Clause 131 amends section 38(4), which relates to the conditions of employment of chief executives. Section 38(4) is amended to match section 38(3), which requires the State Services Commissioner to consult the Prime Minister and the Minister of State Services (not obtain their agreement).

Clause 132 amends section 61A. Section 61A restricts a public service employee who is being made redundant from receiving a redundancy payment if the employee is offered and accepts another position in the State services. Section 61A sets out certain criteria the other position must meet (for example, the terms and conditions must be no less favourable).

Section 61A applied from 19 July 2016 (see section 61AB). Until that time, the old redundancy-related sections 30E and 30F applied.

Section 30E applied to transfers of employees to a new department following a transfer of functions to that department. Relevantly, if the affected employee had accepted a position in the new department “in connection with” the transfer of functions, the employee was not entitled to redundancy. Section 30F disapplied sections 60, 61, and 65 in relation to the new position. This had the effect that the vacancy of the new position need not have been notified, and the employee’s appointment to the new position was not subject to a review by existing employees and need not have been made on merit. Section 61A did not continue the effect of section 30F (which was unintentional). The amendment made in this Bill continues the situation that applied under the old redundancy-related section 30F.

Clause 133 amends section 74AB(1). The change requires that any costs or damages in relation to powers conferred on the State Services Commissioner by section 74AA must be paid out of a parliamentary appropriation, rather than out of money appropriated for the purpose. The change is a technical improvement recommended by the Treasury, to reflect that money is not appropriated specifically for that purpose.

Part 39Te Arawa Lakes Settlement Act 2006

Clause 134 provides that Part 39 amends the Te Arawa Lakes Settlement Act 2006. This Part adds the bed of Lake Ōkaro to the Te Arawa lakebeds that the Act vested in the Trustees of the Te Arawa Lakes Trust.

Clause 135 amends section 5, which provides an outline of the Act, to correct the number of Te Arawa lakebeds that are vested.

Clause 136 amends section 11, the interpretation section, so that—

  • the definition of submerged land reflects the differing dates for settlement generally under the Act and the date of inclusion of the Lake Ōkaro lakebed; and

  • the Lake Ōkaro lakebed is no longer excluded from the definition of Te Arawa lakebed; and

  • the inclusion date of the Lake Ōkaro lakebed as a Te Arawa lakebed is defined by reference to when Part 39 of the Bill comes into force.

Clause 137 amends section 19, which relates to the timing of actions or matters that occur under the Act, to recognise that some of these may take place on the inclusion date, rather than the settlement date.

Clause 138 amends section 21, which relates to revoking reserve sites’ reservation as reserves to the extent that they comprise Te Arawa lakebeds or Crown stratum. The amendment states that section 21(2), which contains matters of process, does not apply to Lake Okaro Recreation Reserve.

Clause 139 amends section 29, which relates to registration of ownership of Te Arawa lakebeds, by providing for a later date to apply for a register for the Lake Ōkaro lakebed than for the other Te Arawa lakebeds.

Clause 140 amends section 33, which relates to structures on Te Arawa lakebeds, to reflect the differing dates for settlement generally of the lakebeds and for inclusion of the Lake Ōkaro lakebed as a Te Arawa lakebed.

Clause 141 amends section 36, which relates to commercial activities that affect Te Arawa lakebeds and that existed immediately before the settlement date, to refer instead to the date of inclusion of the Lake Ōkaro lakebed when appropriate.

Clause 142 amends section 41, which relates to obtaining the consent of the Trustees of the Te Arawa Lakes Trust for new commercial activities and structures, to distinguish its application in respect of Te Arawa lakebeds generally and the Lake Ōkaro lakebed.

Clause 143 amends section 45, which relates to liability for rates on the settlement date, to refer, when appropriate, to the date of inclusion of the Lake Ōkaro lakebed as a Te Arawa lakebed.

Clause 144 amends section 46, which relates to public utility authorities’ liability in some circumstances to reimburse the Trustees of the Te Arawa Lakes Trust for local government rates, to refer, when appropriate, to the date of inclusion instead of the settlement date.

Clause 145 amends section 59, which relates to the interpretation of terms used in subpart 3 of Part 3, to exclude the Lake Ōkaro lakebed from the statutory area in relation to which statutory acknowledgement is made by the Crown in that subpart.

Clause 146 amends Schedule 1, which sets out the legal description of each Te Arawa lakebed site, to include the bed of Lake Ōkaro.

Clause 147 amends Schedule 3, which relates to reserve sites, to include Lake Okaro Recreation Reserve in the list of reserve sites.

Part 40Terrorism Suppression Act 2002

Clause 148 provides that Part 40 amends the Terrorism Suppression Act 2002.

Clause 149 amends section 44 to replace several outdated references to suspicious transaction report with references to suspicious activity report.

Part 41Veterans’ Support Act 2014

Clause 150 provides that Part 41 amends the Veterans’ Support Act 2014.

Clause 151 amends the definition of working day in section 7 to exclude the relevant province’s anniversary day. This aligns the definition of working day in the Act with several other legislative definitions of working day. It will avoid confusion about when applications and correspondence may be processed and when statutory time frames start and finish.

Clause 153 removes a reference to an ACC entitlement in section 271(1). Section 271(1) mirrors a provision of the Accident Compensation Act 2001, but the provision does not apply to the Veterans’ Support Act 2014.

Clause 154 amends clause 2 of Schedule 1 to allow for certain older pensions to be adjusted to keep pace with the New Zealand Consumers Price Index (CPI). The pensions are those payable under section 29A of the War Pensions Act 1954 and Part 5A of the War Pensions Regulations 1956. The pensions are preserved by clause 2 of Schedule 1 as if the Veterans’ Support Act 2014 had not been passed, but it is appropriate to allow for their adjustment in line with the more modern approach taken in section 31 of automatic updating in accordance with the CPI (rather than requiring the rates to be adjusted to the same effect by amendment regulations every year). The amendment in clause 152 to section 31 completes this change.

Part 42Winston Churchill Memorial Trust Act 1965

Clause 155 provides that Part 42 amends the Winston Churchill Memorial Trust Act 1965.

Clauses 156 and 157 repeal the Long Title and insert a purpose provision that is based on the repealed Long Title and on section 18(1)(a).

Clause 158 amends section 13 to add new functions of the Board. The amendment enables the Board to spend money “to increase public awareness of the Fund and to promote the other functions of the Board and the purpose of this Act”. This clarifies that the Board’s role includes promoting Trust activities. Clause 159(2) amends section 18 for the same purpose.

Clauses 159(1), 160, and 161 make 3 small technical amendments in order to correct references (in sections 18(1), 24(2), and 25) to the Fund that is the subject of the Act.

Hon Aupito William Sio

Statutes Amendment Bill

Government Bill

83—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Section 38 amended (Prohibition on false customer names and customer anonymity)
5Section 140 amended (Power to use and disclose information supplied or obtained under other enactments for AML/CFT purposes)
6Principal Act
7Section 2 amended (Interpretation)
8Section 200T replaced (Record of proceedings not to be disclosed)
200T Record of proceedings not to be disclosed
9Principal Act
10Section 344 amended (Composition of Board)
11Section 345 amended (Criteria for appointment)
12Schedule 3 amended
13Principal Act
14Section 29B replaced (Financial statements must be audited)
29BAudits
15Principal Act
16Section 49 amended (Composition of board)
17Section 50 amended (Criteria for appointment)
18Section 58 replaced (Council to publish reports)
58Council to publish reports
19Schedule 1 amended
20Principal Act
21Section 7 amended (Citizenship by descent)
22Principal Act
23Section 3 amended (Public notice)
24Section 324 amended (Property of company removed from register)
25Principal Act
26Section 336 amended (Wharf owner or warehouse owner may sell goods by public auction after 90 days)
27Principal Act
28Section 117 amended (Coroners’ powers and immunities generally)
29Principal Act
30Section 49 amended (Judge may grant bail pending trial)
31Section 82 amended (Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial)
32Principal Act
33Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
34Principal Act
35Section 82 amended (Discharge of assets forfeiture order by Official Assignee)
36Section 83 amended (Discharge of profit forfeiture order by Official Assignee)
37Section 85 amended (Discharge of instrument forfeiture order by Official Assignee)
38Principal Act
39Section 182 repealed (Existing members exempt from qualification requirements)
40Section 183 repealed (Term of office of existing members other than ex officio members)
41Section 184 repealed (Term of office of existing ex officio members)
42Section 186 amended (Continuation of existing board committees)
43Section 195 repealed (Existing bank accounts)
44Section 196 repealed (Existing law on securities, borrowing, guarantees, indemnities, and derivative transactions continues to apply until 1 April 2005)
45Principal Act
46Section 34 replaced (Remuneration of Chief District Court Judge, principal Judges, and permanent Judges)
34Remuneration of Judges
47Section 35 amended (Remuneration of part-time or acting Judge)
48Section 60 amended (Remuneration of Chief Community Magistrate and Community Magistrates)
49Section 187 amended (Charging order in respect of land expires after 2 years)
50Section 212 amended (Contempt of court)
51Section 214 amended (Grounds for making section 213 order)
52Principal Act
53Schedule 2 amended
54Principal Act
55Section 3 amended (Constitution of Board)
56Section 10 amended (Extraordinary vacancies on Board and Committee)
57New sections 10A to 10E and cross-heading inserted
10ABoard to prepare annual report
10BForm and content of annual report
10CBoard to give annual report to Minister
10DBoard to publish reports
10EAnnual reports to be presented to House of Representatives
58Principal Act
59Section 26A repealed (Power to amend Schedule 2A)
60Principal Act
61Section 95 amended (Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors’ salaries are paid)
62Principal Act
63Section 4 amended (Interpretation)
64Section 172 amended (Minister may cancel or suspend liability for deportation)
65Section 236 amended (Appeals against deportation liability where person serving prison sentence)
66Principal Act
67Schedule 3 amended
68Principal Act
69Section 4 (Interpretation)
70Section 9 repealed (Prescribed offences)
71Section 18 (Conditions on grant of legal aid)
72Section 21 amended (Amount of repayment payable)
73Section 114 amended (Regulations)
74Principal Act
75Section 6 amended (Interpretation)
76Section 24 amended (Persons disqualified from registration: individuals)
77Section 25 amended (Persons disqualified from registration: companies)
78Sections 148 to 156 and cross-headings repealed
79Sections 158 to 161 repealed
80Section 163 and cross-heading repealed
81Consequential amendments to Motor Vehicle Sales Regulations 2003
82Consequential revocation
83Principal Act
84Section 11 amended (Execution of documents by attorney)
85Principal Act
86New section 59B inserted (Fund investment vehicles not required to prepare statements or annual reports)
59BFund investment vehicles not required to prepare statements or annual reports
87Principal Act
88Section 22 amended (Right of access to internal rules affecting decisions)
89Principal Act
90Schedule 1 amended
91Principal Act
92Section 135 amended (Term of office)
93Section 153 replaced (Board to publish reports)
153Board to publish reports
94Section 154 amended (Annual reports to be presented to House of Representatives)
95Principal Act
96Section 18 amended (Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account)
97Principal Act
98Section 15C amended (End-of-year performance information requirements)
99New subpart 1A of Part 5 inserted
45LAEnd-of-year performance information for newly established performance reporters
100Section 45O amended (Special provisions relating to Reserves Boards)
101Schedule 4 amended
102Principal Act
103Section 93 amended (Power of Committee to make orders)
104Principal Act
105Section 52 amended (Composition of Board)
106Section 53 amended (Criteria for appointment)
107Schedule amended
108Principal Act
109Section 32 amended (Requirements for preparing and publishing evaluation reports)
110Section 48 amended (Public notification of proposal for national direction and inquiry)
111Section 58L amended (Definitions)
112Section 58R amended (Contents of Mana Whakahono a Rohe)
113Section 87B amended (Certain activities to be treated as discretionary activities or prohibited activities)
114Section 360 amended (Regulations)
115Schedule 1 amended
116Amendment to Resource Management Amendment Act 2005
117Principal Act
118Section 136 amended (Temporary authorities: on-licences and off-licences)
119Principal Act
120Section 51 amended (Pawnbrokers record)
121Section 57 amended (Redemption price)
122Principal Act
123Section 135 amended (Salaries and allowances of permanent Judges and Associate Judges)
124Section 137 amended (Salaries and allowances of acting Judges)
125Principal Act
126Schedule 1 amended
127Principal Act
128Section 31 repealed (Review of Ombudsmen Act 1975 and Official Information Act 1982 in relation to State enterprises)
129Section 33 and Schedule 6 repealed
130Principal Act
131Section 38 amended (Conditions of employment of chief executives)
132Section 61A amended (Restriction of redundancy payments in certain situations)
133Section 74AB amended (Boards of Trustees indemnified by Commissioner)
134Principal Act
135Section 5 amended (Outline)
136Section 11 amended (Interpretation)
137Section 19 amended (Timing of actions or matters)
138Section 21 amended (Reserve status revoked)
139Section 29 amended (Registration of ownership)
140Section 33 amended (Existing structures on Te Arawa lakebeds)
141Section 36 amended (Existing commercial activities)
142Section 41 amended (New commercial activities and new structures require written consent of Trustees)
143Section 45 amended (Liability for rates)
144Section 46 amended (Liability of public utility authority for rates assessed)
145Section 59 amended (Interpretation)
146Schedule 1 amended
147Schedule 3 amended
148Principal Act
149Section 44 amended (Nature of suspicious property report)
150Principal Act
151Section 7 amended (Interpretation)
152Section 31 amended (Indexation of certain entitlements in relation to New Zealand Consumers Price Index)
153Section 271 amended (Offence not to provide earnings information to VANZ)
154Schedule 1 amended
155Principal Act
156Long Title repealed
157New section 1A inserted (Purpose)
1APurpose
158Section 13 amended (Functions and powers of Board)
159Section 18 amended (Authorised expenditure)
160Section 24 amended (Travelling allowances)
161Section 25 amended (Unauthorised expenditure)

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Statutes Amendment Act 2018.

2 Commencement

(1)

Sections 46 and 47 come into force on 1 July 2020.

(2)

Part 35 comes into force on 1 July 2020.

(3)

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

Part 1 Anti-Money Laundering and Countering Financing of Terrorism Act 2009

3 Principal Act

This Part amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the principal Act).

4 Section 38 amended (Prohibition on false customer names and customer anonymity)

In section 38(2)(b), after “New Zealand Security Intelligence Service”, insert “or for the Government Communications Security Bureau”.

5 Section 140 amended (Power to use and disclose information supplied or obtained under other enactments for AML/CFT purposes)

After section 140(2)(h), insert:

(ha)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

Part 2 Armed Forces Discipline Act 1971

6 Principal Act

This Part amends the Armed Forces Discipline Act 1971 (the principal Act).

7 Section 2 amended (Interpretation)

(1)

In section 2(1), repeal the definition of Commonwealth force.

(2)

In section 2(1), replace the definition of provost officer with:

provost officer means an officer who—

(a)

is not a midshipman, an officer cadet, or a chaplain; and

(b)

is any of the following:

(i)

a provost marshal appointed in writing by or on behalf of the Chief of Defence Force:

(ii)

an assistant provost marshal appointed in writing by or on behalf of the Chief of Defence Force or by a provost marshal:

(iii)

any other officer of the Navy, the Army, or the Air Force appointed in writing as a provost officer by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal:

(iv)

a person attached or lent as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, to any part of the Armed Forces:

(v)

a person seconded for service or appointed for duty as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, with any part of the Armed Forces

8 Section 200T replaced (Record of proceedings not to be disclosed)

Replace section 200T with:

200T Record of proceedings not to be disclosed

The record of proceedings of a court of inquiry must not be disclosed to—

(a)

people who are not members of the Defence Force (within the meaning of section 2(1) of the Defence Act 1990), unless the disclosure is authorised by a superior commander of the service concerned; or

(b)

members of the Defence Force unless—

(i)

the members need to be aware of the contents of the record to enable them to perform their service or employment duties; or

(ii)

the members are entitled to a copy of the record under the rules of procedure; or

(iii)

the disclosure is authorised by a superior commander of the service concerned.

Part 3 Building Act 2004

9 Principal Act

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

10 Section 344 amended (Composition of Board)

Replace section 344(2) with:

(2)

A member must be appointed by the Minister.

11 Section 345 amended (Criteria for appointment)

In section 345(1), replace “recommend a person for appointment” with “appoint a person”.

12 Schedule 3 amended

(1)

In Schedule 3, clause 1(1), replace “Governor-General” with “Minister”.

(2)

In Schedule 3, after clause 1(2), insert:

(3)

When a member of the Board is appointed, the Minister must publish a notice in the Gazette confirming the appointment.

(3)

In Schedule 3, clause 3(3)(c), replace “Governor-General” with “Minister”.

(4)

In Schedule 3, clause 7(1), replace “The Governor-General may, on the advice of the Minister given” with “The Minister may,”.

(5)

In Schedule 3, clause 7(1), replace “satisfaction of the Governor-General” with “satisfaction of the Minister”.

(6)

In Schedule 3, clause 7(2), replace “giving advice to the Governor-General” with “removing the member”.

(7)

In Schedule 3, clause 10(1), replace “Governor-General” with “Minister”.

(8)

In Schedule 3, replace clause 10(2) with:

(2)

A member who is appointed under subclause (1) is appointed for a term determined by the Minister, not exceeding 3 years.

Part 4 Burial and Cremation Act 1964

13 Principal Act

This Part amends the Burial and Cremation Act 1964 (the principal Act).

14 Section 29B replaced (Financial statements must be audited)

Replace section 29B with:

29B Audits

(1)

Subsection (2) applies, for a financial year, to trustees of cemeteries that have income for the financial year of more than $1 million.

(2)

Trustees must ensure that the financial statements for the financial year are audited.

(3)

Trustees are public entities as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is their auditor.

Part 5 Chartered Professional Engineers of New Zealand Act 2002

15 Principal Act

This Part amends the Chartered Professional Engineers of New Zealand Act 2002 (the principal Act).

16 Section 49 amended (Composition of board)

In section 49, delete “Governor-General on the recommendation of the”.

17 Section 50 amended (Criteria for appointment)

(1)

In section 50(1), replace “recommend for appointment” with “appoint”.

(2)

In section 50(1)(c) and (d), delete “nominated by the Minister”.

(3)

Replace section 50(2) with:

(2)

The Minister—

(a)

must only appoint as a member of the Council a person who, in the Minister’s opinion, is qualified for appointment,—

(i)

having regard to the functions, duties, and powers of the Council; and

(ii)

because of that person’s knowledge, experience, or expertise; and

(iii)

having regard to the aim that the members collectively represent the range of engineering practices and disciplines; and

(b)

must not appoint a person who is a member of the governing body of the Registration Authority or an employee of the Registration Authority.

18 Section 58 replaced (Council to publish reports)

Replace section 58 with:

58 Council to publish reports

As soon as practicable after giving a report to the Minister under section 53 or 57, the Council must make the report publicly available on an Internet site maintained by or on behalf of the Council.

19 Schedule 1 amended

(1)

In Schedule 1, clause 1(1), replace “Governor-General” with “Minister”.

(2)

In Schedule 1, after clause 1(2), insert:

(3)

When a member of the Council is appointed, the Minister must publish a notice in the Gazette confirming the appointment.

(3)

In Schedule 1, clause 3(1)(c)(iii), replace “Governor-General” with “Minister”.

(4)

In Schedule 1, clause 7(1), replace “The Governor-General may, on the advice of the Minister given” with “The Minister may,”.

(5)

In Schedule 1, clause 7(1), replace “satisfaction of the Governor-General” with “satisfaction of the Minister”.

(6)

In Schedule 1, replace clause 7(2) with:

(2)

Before removing the member, the Minister must give the member a reasonable opportunity to make written submissions or be heard on the proposed removal.

Part 6 Citizenship Act 1977

20 Principal Act

This Part amends the Citizenship Act 1977 (the principal Act).

21 Section 7 amended (Citizenship by descent)

In section 7(3), delete “signed by the Secretary, or by a person authorised for the purpose by the Secretary,”.

Part 7 Companies Act 1993

22 Principal Act

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

23 Section 3 amended (Public notice)

(1)

Replace section 3(3) with:

(3)

However, subsections (1) and (2) do not apply to the public notice required to be given—

(a)

by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), 341(4)(b), and 360A(2)(b); and

(b)

by the Secretary to the Treasury under section 324(3).

(2)

In section 3(4), replace “subsection (3)” with subsection (3)(a).

(3)

After section 3(5), insert:

(6)

The public notice required to be given by the Secretary to the Treasury under the provision referred to in subsection (3)(b) must be given by publishing the notice in at least 1 issue of the Gazette.

(7)

The Secretary to the Treasury must ensure that a copy of the notice referred to in subsection (6) is available on an Internet site maintained by or on behalf of the Treasury, at all reasonable times, for a period of not less than 20 working days.

24 Section 324 amended (Property of company removed from register)

After section 324(3), insert:

(3A)

However, subsection (3) does not apply to the extent that the property is rights under a security or charge and the Secretary to the Treasury is satisfied that all amounts and all other obligations secured by the security or charge are paid, performed, or otherwise discharged.

Part 8 Contract and Commercial Law Act 2017

25 Principal Act

This Part amends the Contract and Commercial Law Act 2017 (the principal Act).

26 Section 336 amended (Wharf owner or warehouse owner may sell goods by public auction after 90 days)

In section 336(3)(b)(i), delete “(being the person appointed under section 210 of the Insurance (Prudential Supervision) Act 2010)”.

Part 9 Coroners Act 2006

27 Principal Act

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

28 Section 117 amended (Coroners’ powers and immunities generally)

After section 117(5), insert:

(5A)

A coroner exercising the power under subsection (3)(e) has the powers conferred on judicial officers by section 212 of the District Court Act 2016, and the provisions of that section apply accordingly with all necessary modifications.

Part 10 Court Martial Act 2007

29 Principal Act

This Part amends the Court Martial Act 2007 (the principal Act).

30 Section 49 amended (Judge may grant bail pending trial)

In section 49(4)(a), replace “section 8(1) and (3) of the Bail Act 2000” with “section 8(1) and (4) of the Bail Act 2000”.

31 Section 82 amended (Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial)

Repeal section 82(2)(a).

Part 11 Criminal Procedure Act 2011

32 Principal Act

This Part amends the Criminal Procedure Act 2011 (the principal Act).

33 Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)

After section 215(2)(c), insert:

(ca)

making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006:

Part 12 Criminal Proceeds (Recovery) Act 2009

34 Principal Act

This Part amends the Criminal Proceeds (Recovery) Act 2009 (the principal Act).

35 Section 82 amended (Discharge of assets forfeiture order by Official Assignee)

In section 82(1)(b), replace “Secretary for Justice” with “Legal Services Commissioner”.

36 Section 83 amended (Discharge of profit forfeiture order by Official Assignee)

In section 83(1)(b), replace “Secretary for Justice” with “Legal Services Commissioner”.

37 Section 85 amended (Discharge of instrument forfeiture order by Official Assignee)

In section 85(b), replace “Secretary for Justice” with “Legal Services Commissioner”.

Part 13 Crown Entities Act 2004

38 Principal Act

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

39 Section 182 repealed (Existing members exempt from qualification requirements)

Repeal section 182.

40 Section 183 repealed (Term of office of existing members other than ex officio members)

Repeal section 183.

41 Section 184 repealed (Term of office of existing ex officio members)

Repeal section 184.

42 Section 186 amended (Continuation of existing board committees)

In section 186(2), replace “an ex officio member” with “a member who holds office because the person is a representative of any part of the Public Service”.

43 Section 195 repealed (Existing bank accounts)

Repeal section 195.

44 Section 196 repealed (Existing law on securities, borrowing, guarantees, indemnities, and derivative transactions continues to apply until 1 April 2005)

Repeal section 196.

Part 14 District Court Act 2016

45 Principal Act

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

46 Section 34 replaced (Remuneration of Chief District Court Judge, principal Judges, and permanent Judges)

Replace section 34 with:

34 Remuneration of Judges

(1)

A Judge must be paid, out of public money, without further appropriation than this section,—

(a)

a salary at the rate determined by the Remuneration Authority; and

(b)

allowances (if any) as determined by the Remuneration Authority; and

(c)

any additional allowances, such as travelling allowances or other incidental or minor allowances, as the Governor-General determines.

(2)

In this section, Judge means—

(a)

the Chief District Court Judge:

(b)

each principal Judge:

(c)

the Principal Environment Judge:

(d)

each permanent Judge (including each permanent Judge authorised to sit on a part-time basis):

(e)

each acting Judge.

47 Section 35 amended (Remuneration of part-time or acting Judge)

(1)

Replace the heading to section 35 with Salary and allowances of part-time or acting Judge.

(2)

In section 35(2), replace “section 34(a) and (c)” with section 34(1)(a) and (c).

48 Section 60 amended (Remuneration of Chief Community Magistrate and Community Magistrates)

After section 60(2), insert:

(2A)

An Order in Council made under subsection (1)(b) or (2), or a provision of any such order, may be made so as to come into force on a specified date that is—

(a)

the date on which the order is made; or

(b)

any other date, whether that date is before or after the date on which the order is made.

(2B)

If no date is specified under subsection (2A) for the coming into force of an Order in Council or a provision of any such order, the order or provision comes into force on the date on which the order is made.

49 Section 187 amended (Charging order in respect of land expires after 2 years)

(1)

Replace the heading to section 187 with Expiry of charging order in respect of land.

(2)

Repeal section 187(1).

(3)

In section 187(3), replace “subsection (1)” with “subsection (2)(a)”.

50 Section 212 amended (Contempt of court)

(1)

In section 212(1)(b), replace “a court” with “the court”.

(2)

After section 212(3), insert:

(4)

In this section, proceedings means proceedings in which the court is exercising its civil jurisdiction or criminal jurisdiction.

51 Section 214 amended (Grounds for making section 213 order)

In section 214(2), delete “2 or more of”.

Part 15 Electricity Act 1992

52 Principal Act

This Part amends the Electricity Act 1992 (the principal Act).

53 Schedule 2 amended

(1)

In Schedule 2, clause 4(6), replace “the residue of the term for which the vacating member was appointed” with “a term determined by the Minister, not exceeding 3 years”.

(2)

In Schedule 2, clause 16(2), replace “6 sitting days” with “10 sitting days”.

Part 16 Engineering Associates Act 1961

54 Principal Act

This Part amends the Engineering Associates Act 1961 (the principal Act).

55 Section 3 amended (Constitution of Board)

After section 3(3), insert:

(3A)

A member continues in office despite the expiry of the member’s term of office until—

(a)

a successor is appointed; or

(b)

the member is reappointed.

(3B)

When a member of the Board is appointed, the Minister must publish a notice in the Gazette confirming the appointment.

56 Section 10 amended (Extraordinary vacancies on Board and Committee)

In section 10(3), replace “the residue of the term for which his predecessor was appointed” with “a term determined by the Minister, not exceeding 2 years”.

57 New sections 10A to 10E and cross-heading inserted

After section 10, insert:

Reporting by Board

10A Board to prepare annual report

The Board must prepare an annual report on its operations for each period ending with 31 March in each year.

10B Form and content of annual report

(1)

An annual report must include all the information that is necessary to enable an informed assessment to be made of the Board’s performance during the year.

(2)

An annual report must be in writing, and be dated and signed on behalf of the Board by 2 members.

10C Board to give annual report to Minister

The Board must give the annual report to the Minister as soon as practicable after 31 March in each year.

10D Board to publish reports

As soon as practicable after giving a report to the Minister, the Board must make the report publicly available on an Internet site maintained by or on behalf of the Board.

10E Annual reports to be presented to House of Representatives

The Minister must present a copy of the annual report to the House of Representatives no later than 10 sitting days after the date on which the Minister receives the report.

Part 17 Flags, Emblems, and Names Protection Act 1981

58 Principal Act

This Part amends the Flags, Emblems, and Names Protection Act 1981 (the principal Act).

59 Section 26A repealed (Power to amend Schedule 2A)

Repeal section 26A.

Part 18 Government Superannuation Fund Act 1956

60 Principal Act

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

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

Repeal section 95(4).

Part 19 Immigration Act 2009

62 Principal Act

This Part amends the Immigration Act 2009 (the principal Act).

63 Section 4 amended (Interpretation)

In section 4, replace the definition of deportation order with:

deportation order means—

(a)

an order that contains the information described in section 176 and that, when served on a person in accordance with section 175, authorises the person’s deportation to be executed:

(b)

an Order in Council made under section 163:

(c)

a copy of the order specified in paragraph (a) or (b)

64 Section 172 amended (Minister may cancel or suspend liability for deportation)

Replace section 172(3)(b) with:

(b)

subject to section 175A(4), the person has 28 days from the date the deportation liability notice is served—

(i)

to lodge an appeal with the Tribunal; or

(ii)

to leave New Zealand.

65 Section 236 amended (Appeals against deportation liability where person serving prison sentence)

In section 236(1),—

(a)

replace “close” with “soon”; and

(b)

replace “to the date of” with “after the appeal is lodged but before”; and

(c)

replace “sentence)” with “sentence) before the person’s”.

Part 20 Intelligence and Security Act 2017

66 Principal Act

This Part amends the Intelligence and Security Act 2017 (the principal Act).

67 Schedule 3 amended

(1)

In Schedule 3, after clause 3(1)(b), insert:

(c)

in respect of time spent travelling in the performance of the Commissioner’s functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.

(2)

In Schedule 3, replace clause 3(3) with:

(3)

The Fees and Travelling Allowances Act 1951 applies as if a Commissioner were a member of a statutory board and the travelling were in the service of a statutory board.

Part 21 Legal Services Act 2011

68 Principal Act

This Part amends the Legal Services Act 2011 (the principal Act).

69 Section 4 (Interpretation)

(1)

In section 4(1), definition of capital, delete paragraph (b).

(2)

In section 4(1), definition of disposable capital, delete paragraph (b).

(3)

In section 4(1), definition of income, delete paragraph (b).

(4)

In section 4(1), repeal the definition of prescribed offence.

70 Section 9 repealed (Prescribed offences)

Repeal section 9.

71 Section 18 (Conditions on grant of legal aid)

Repeal section 18(7)(e).

72 Section 21 amended (Amount of repayment payable)

Repeal section 21(7).

73 Section 114 amended (Regulations)

Repeal section 114(1)(s), (t), and (u).

Part 22 Motor Vehicle Sales Act 2003

74 Principal Act

This Part amends the Motor Vehicle Sales Act 2003 (the principal Act).

75 Section 6 amended (Interpretation)

In section 6(1), repeal the definitions of existing licence application and transitional period.

76 Section 24 amended (Persons disqualified from registration: individuals)

Repeal section 24(d), (e), and (g).

77 Section 25 amended (Persons disqualified from registration: companies)

Repeal section 25(b) and (c).

78 Sections 148 to 156 and cross-headings repealed

Repeal sections 148 to 156 and the cross-headings above sections 148, 152, 154, and 156.

79 Sections 158 to 161 repealed

Repeal sections 158 to 161.

80 Section 163 and cross-heading repealed

Repeal section 163 and the cross-heading above section 163.

81 Consequential amendments to Motor Vehicle Sales Regulations 2003

(1)

This section amends the Motor Vehicle Sales Regulations 2003.

(2)

Revoke—

(a)

regulation 7; and

(b)

Part 3 of Schedule 1.

82 Consequential revocation

The Motor Vehicle Sales (Abolition of Motor Vehicle Dealers Licensing Board) Order 2004 (SR 2004/409) is revoked.

Part 23 New Zealand Government Property Corporation Act 1953

83 Principal Act

This Part amends the New Zealand Government Property Corporation Act 1953 (the principal Act).

84 Section 11 amended (Execution of documents by attorney)

In section 11(1), delete “in any place outside New Zealand”.

Part 24 New Zealand Superannuation and Retirement Income Act 2001

85 Principal Act

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

86 New section 59B inserted (Fund investment vehicles not required to prepare statements or annual reports)

After section 59A, insert:

59B Fund investment vehicles not required to prepare statements or annual reports

(1)

A Fund investment vehicle is not required to do either of the following:

(a)

prepare financial statements or group financial statements that are separate from those prepared for the Fund under section 66:

(b)

have financial statements or group financial statements audited.

(2)

If a Fund investment vehicle is a company, the board of the company is not required to prepare an annual report.

(3)

Subsections (1) and (2) apply despite anything to the contrary in the Companies Act 1993, the Limited Partnerships Act 2008, or the Public Audit Act 2001.

(4)

This section does not limit sections 59A(3) and 66 to 68.

(5)

In this section, annual report and board have the meanings given in section 2(1) of the Companies Act 1993.

Part 25 Official Information Act 1982

87 Principal Act

This Part amends the Official Information Act 1982 (the principal Act).

88 Section 22 amended (Right of access to internal rules affecting decisions)

(1)

Replace section 22(1) with:

(1)

On a request made under this section, a person has a right to, and must be given access to, any document (including a manual) that—

(a)

is held by a department, a Minister of the Crown, or an organisation; and

(b)

contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in their personal capacity.

(1A)

Subsection (1) is subject to—

(a)

subsection (2):

(b)

subsection (6):

(c)

section 6(a) to (d):

(d)

section 7:

(e)

section 9(2)(a), (b), (ba), (i), and (j) (to the extent that there is no countervailing public interest in making the information available):

(f)

section 10.

(2)

Replace section 22(4) with:

(4)

If there is good reason under subsection (1A)(c), (d), or (e) for withholding some of the information contained in a document referred to in subsection (1), the department, Minister of the Crown, or organisation must, unless it is impracticable to do so,—

(a)

make a copy of that document available with any deletions or alterations that are necessary; or

(b)

provide another document stating the substance and effect of the document except as it relates to the information withheld.

Part 26 Ombudsmen Act 1975

89 Principal Act

This Part amends the Ombudsmen Act 1975 (the principal Act).

90 Schedule 1 amended

(1)

In Schedule 1, Part 1,—

(a)

repeal the item relating to the Māori Trustee:

(b)

in the item relating to the Ministry of Maori Development, replace “Maori” with “Māori”:

(c)

repeal the item relating to the National Provident Fund Department:

(d)

repeal the item relating to the Office of the State Services Commission:

(e)

insert in its appropriate alphabetical order:

State Services Commission

(2)

In Schedule 1, Part 2,—

(a)

repeal the item relating to the Agricultural Pests Destruction Council:

(b)

in the item relating to the Board of Maori Affairs, replace “Maori” with “Māori”:

(c)

in the item relating to the Maori Heritage Council, replace “Maori” with “Māori”:

(d)

in the item relating to the Maori Purposes Fund Board, replace “Maori” with “Māori”:

(e)

in the item relating to the New Zealand Maori Arts and Crafts Institute, replace “Maori” with “Māori”:

(f)

repeal the item relating to the South Pacific Arts Committee:

(g)

repeal the item relating to the State Services Commission.

Part 27 Plumbers, Gasfitters, and Drainlayers Act 2006

91 Principal Act

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

92 Section 135 amended (Term of office)

After section 135(2), insert:

(3)

A member continues in office despite the expiry of his or her term of office until—

(a)

a successor is appointed; or

(b)

the member is reappointed.

93 Section 153 replaced (Board to publish reports)

Replace section 153 with:

153 Board to publish reports

As soon as practicable after giving a report to the Minister under section 152, the Board must make the report publicly available on an Internet site maintained by or on behalf of the Board.

94 Section 154 amended (Annual reports to be presented to House of Representatives)

In section 154, replace “12 sitting days” with “10 sitting days”.

Part 28 Prisoners’ and Victims’ Claims Act 2005

95 Principal Act

This Part amends the Prisoners’ and Victims’ Claims Act 2005 (the principal Act).

96 Section 18 amended (Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account)

In section 18(1)(a)(i), replace “Secretary for Justice” with “Legal Services Commissioner”.

Part 29 Public Finance Act 1989

97 Principal Act

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

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

Replace section 15C(2)(a) with:

(a)

for a multi-category appropriation,—

(i)

by a Crown entity, if the resources from that appropriation are used by that entity only; or

(ii)

by a department if, in accordance with a direction under section 7C(2)(c)(i), the resources from that appropriation are used by that department only; or

(iii)

by the appropriation administrator, in any other case.

99 New subpart 1A of Part 5 inserted

After subpart 1 of Part 5, insert:

Subpart 1A—Special requirements for end-of-year performance information

45LA End-of-year performance information for newly established performance reporters

(1)

The Minister may (at the Minister’s discretion) exempt a performance reporter from the obligation to provide end-of-year performance information under section 19A if the performance reporter—

(a)

was established during the last 4 months of a financial year; and

(b)

is identified in the supporting information for an Appropriation Act as providing end-of-year performance information on an appropriation for the financial year.

(2)

A performance reporter that is exempted under subsection (1) must, after the end of the performance reporter’s first full financial year, provide the end-of-year performance information required by section 19C in respect of the period—

(a)

starting from the date on which the performance reporter is established; and

(b)

ending at the end of the performance reporter’s first full financial year.

(3)

In this section, performance reporter has the meaning given in section 19A(1).

100 Section 45O amended (Special provisions relating to Reserves Boards)

In section 45O(1), replace “section 45M(2)” with “section 45M(1A)”.

101 Schedule 4 amended

In Schedule 4, after the column relating to section 139 of the Crown Entities Act 2004, insert a column with the heading SPE 149C.

Part 30 Real Estate Agents Act 2008

102 Principal Act

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

103 Section 93 amended (Power of Committee to make orders)

In section 93(1)(h), after “business”, insert “(including any records, accounts, and assets)”.

Part 31 Registered Architects Act 2005

104 Principal Act

This Part amends the Registered Architects Act 2005 (the principal Act).

105 Section 52 amended (Composition of Board)

(1)

Replace section 52(2) with:

(2)

A member must be appointed by the Minister.

(2)

In section 52(3), replace “recommend for appointment” with “appoint”.

106 Section 53 amended (Criteria for appointment)

In section 53, replace “recommend a person for appointment as a member of the Board” with “appoint a person as a member of the Board”.

107 Schedule amended

(1)

In the Schedule, clause 1(1), replace “Governor-General” with “Minister”.

(2)

In the Schedule, after clause 1(2), insert:

(3)

When a member of the Board is appointed, the Minister must publish a notice in the Gazette confirming the appointment.

(3)

In the Schedule, clause 3(1)(c)(iii), replace “Governor-General” with “Minister”.

(4)

In the Schedule, clause 7(1), replace “The Governor-General may, on the advice of the Minister given” with “The Minister may,”.

(5)

In the Schedule, clause 7(1), replace “satisfaction of the Governor-General” with “satisfaction of the Minister”.

(6)

In the Schedule, clause 7(2), replace “giving advice to the Governor-General” with “removing the member”.

Part 32 Resource Management Act 1991

108 Principal Act

This Part amends the Resource Management Act 1991 (the principal Act).

109 Section 32 amended (Requirements for preparing and publishing evaluation reports)

In section 32(5)(a), replace “standard or regulation” with “standard, regulation, national policy statement, or New Zealand coastal policy statement”.

110 Section 48 amended (Public notification of proposal for national direction and inquiry)

In section 48(1)(a), replace “national policy statement” with “national direction”.

111 Section 58L amended (Definitions)

In section 58L, definition of relevant local authority, replace “district or regional council” with “local authority”.

112 Section 58R amended (Contents of Mana Whakahono a Rohe)

(1)

Repeal section 58R(2)(a)(ii).

(2)

In section 58R(2)(a)(iii), replace “a Mana Whakahono a Rohe” with “the review of a local authority’s policies and processes (to ensure that they are consistent with a Mana Whakahono a Rohe)”.

113 Section 87B amended (Certain activities to be treated as discretionary activities or prohibited activities)

After section 87B(3), insert:

(4)

Any mining whose main purpose is to mine mercury must be treated as a prohibited activity.

114 Section 360 amended (Regulations)

Repeal section 360(2AA).

115 Schedule 1 amended

In Schedule 1, clause 8(1A), after “policy statement or plan”, insert “for which limited notification has been given under clause 5A”.

116 Amendment to Resource Management Amendment Act 2005

(1)

This section amends the Resource Management Amendment Act 2005.

(2)

Repeal section 108.

Part 33 Sale and Supply of Alcohol Act 2012

117 Principal Act

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

118 Section 136 amended (Temporary authorities: on-licences and off-licences)

(1)

In section 136(4), after “the committee”, insert “or the chair (as the case may be)”.

(2)

After section 136(4), insert:

(4A)

Despite subsection (1), if the application is uncontested, the chair of the committee may make an order instead of the committee.

(3)

After section 136(5), insert:

(6)

For the purposes of this section, if the chair of the committee makes an order instead of the committee, a reference to the committee in any other relevant provision of this Act is to be treated as a reference to the chair.

Part 34 Secondhand Dealers and Pawnbrokers Act 2004

119 Principal Act

This Part amends the Secondhand Dealers and Pawnbrokers Act 2004 (the principal Act).

120 Section 51 amended (Pawnbrokers record)

In section 51(2)(g), replace “interest” with “redemption fee”.

121 Section 57 amended (Redemption price)

(1)

In section 57(1)(b), replace “total interest” with “redemption fee”.

(2)

In section 57(2), replace “interest” with “a redemption fee”.

Part 35 Senior Courts Act 2016

122 Principal Act

This Part amends the Senior Courts Act 2016 (the principal Act).

123 Section 135 amended (Salaries and allowances of permanent Judges and Associate Judges)

(1)

Replace the heading to section 135 with Remuneration of Judges.

(2)

In section 135, delete “Permanent Judges and Associate”.

(3)

In section 135, insert as subsection (2):

(2)

In this section,—

Judge means—

(a)

a permanent or an acting Judge of a senior court:

(b)

a Judge authorised to sit part-time in a senior court:

(c)

a permanent or an acting Associate Judge:

(d)

an Associate Judge authorised to sit part-time

senior court means—

(a)

the Supreme Court:

(b)

the Court of Appeal:

(c)

the High Court.

124 Section 137 amended (Salaries and allowances of acting Judges)

(1)

In section 137, delete “, out of public money, without further appropriation than this section,”.

(2)

In section 137(b), replace “section 135(c)” with section 135(1)(c).

Part 36 Standards and Accreditation Act 2015

125 Principal Act

This Part amends the Standards and Accreditation Act 2015 (the principal Act).

126 Schedule 1 amended

(1)

In Schedule 1, replace clause 2(3) with:

(3)

A notice under subclause (2) may be published on an Internet site or in print media and for the period or with the frequency that the Minister thinks appropriate.

(2)

In Schedule 1, repeal clauses 8(3) and 11(3).

Part 37 State-Owned Enterprises Act 1986

127 Principal Act

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

128 Section 31 repealed (Review of Ombudsmen Act 1975 and Official Information Act 1982 in relation to State enterprises)

Repeal section 31.

129 Section 33 and Schedule 6 repealed

Repeal section 33 and Schedule 6.

Part 38 State Sector Act 1988

130 Principal Act

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

131 Section 38 amended (Conditions of employment of chief executives)

In section 38(4), replace “obtain the agreement of” with “consult”.

132 Section 61A amended (Restriction of redundancy payments in certain situations)

In section 61A(2), replace “the offer of an alternative position” with “either position described in subsection (1)”.

133 Section 74AB amended (Boards of Trustees indemnified by Commissioner)

In section 74AB(1), replace “money appropriated for the purpose” with “an appropriation”.

Part 39 Te Arawa Lakes Settlement Act 2006

134 Principal Act

This Part amends the Te Arawa Lakes Settlement Act 2006 (the principal Act).

135 Section 5 amended (Outline)

In section 5(4), replace “13” with “14”.

136 Section 11 amended (Interpretation)

(1)

In section 11, definition of submerged land, after “date”, insert “or the inclusion date (as the case may be)”.

(2)

In section 11, definition of Te Arawa lakebed, delete “except Lake Ōkaro”.

(3)

In section 11, insert in its appropriate alphabetical order:

inclusion date means the date that is 20 business days after the date on which Part 39 of the Statutes Amendment Bill comes into force

137 Section 19 amended (Timing of actions or matters)

(1)

In section 19(1), replace “subsection (2)” with subsections (1A) and (2)”.

(2)

After section 19(1), insert:

(1A)

In respect of the Lake Ōkaro lakebed, actions or matters occurring under this Act occur or take effect on and from the inclusion date.

(3)

In section 19(2), after “settlement date”, insert “or the inclusion date (as the case may be)”.

138 Section 21 amended (Reserve status revoked)

After section 21(2), insert:

(3)

However, subsection (2) does not apply to Lake Okaro Recreation Reserve.

139 Section 29 amended (Registration of ownership)

(1)

In section 29(2), after “date”, insert “or the inclusion date (as the case may be)”.

(2)

Replace section 29(5) with:

(5)

Written application must be made for a computer freehold register as soon as is reasonably practicable after the settlement date or the inclusion date (as the case may be), but no later than—

(a)

24 months after the Te Arawa lakebeds (except the Lake Ōkaro lakebed) vest in the Trustees of the Te Arawa Lakes Trust by section 23; or

(b)

in respect of the Lake Ōkaro lakebed, 24 months after the inclusion date.

(6)

Despite subsection (5)(a) or (b), the Trustees and the Crown may agree in writing a later date for the application.

140 Section 33 amended (Existing structures on Te Arawa lakebeds)

In section 33(1), after “date”, insert “or the inclusion date (as the case may be)” in each place.

141 Section 36 amended (Existing commercial activities)

In section 36(1), after “date”, insert “or the inclusion date (as the case may be)” in each place.

142 Section 41 amended (New commercial activities and new structures require written consent of Trustees)

In section 41(1), after “date”, insert “or the inclusion date (as the case may be)”.

143 Section 45 amended (Liability for rates)

In section 45(1)(c), after “date”, insert “or the inclusion date (as the case may be)”.

144 Section 46 amended (Liability of public utility authority for rates assessed)

In section 46, after “date”, insert “or the inclusion date (as the case may be)”.

145 Section 59 amended (Interpretation)

In section 59, definition of statutory area, after “lakebed”, insert “, except the Lake Ōkaro lakebed”.

146 Schedule 1 amended

In Schedule 1, after the item relating to the bed of Lake Tutaeinanga, insert:

Bed of Lake Ōkaro

31.4200 hectares, more or less, being Section 1 SO 458555. Part Gazette notice H. 694591

147 Schedule 3 amended

In Schedule 3, after the item relating to Lake Ōkareka, insert:

Lake Ōkaro

Lake Okaro Recreation Reserve

Gazette 1986, page 4682 (registered as Gazette Notice H. 694591)

Part 40 Terrorism Suppression Act 2002

148 Principal Act

This Part amends the Terrorism Suppression Act 2002 (the principal Act).

149 Section 44 amended (Nature of suspicious property report)

(1)

In section 44(4), replace “suspicious transaction report” with “suspicious activity report”.

(2)

In section 44(5)(a) and (b), replace suspicious transaction report with suspicious activity report.

Part 41 Veterans’ Support Act 2014

150 Principal Act

This Part amends the Veterans’ Support Act 2014 (the principal Act).

151 Section 7 amended (Interpretation)

In section 7, definition of working day, after paragraph (b), insert:

(ba)

the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

152 Section 31 amended (Indexation of certain entitlements in relation to New Zealand Consumers Price Index)

After section 31(1)(l), insert:

(la)

the rates of annuities or allowances payable under section 29A of the War Pensions Act 1954 and Part 5A of the War Pensions Regulations 1956 (see clause 2 of Schedule 1 of this Act):

153 Section 271 amended (Offence not to provide earnings information to VANZ)

Repeal section 271(1)(a).

154 Schedule 1 amended

In Schedule 1, after clause 2(1), insert:

(1A)

However, the rates of annuities or allowances payable under subclause (1) must be adjusted in accordance with section 31(1)(la) of this Act (and may not be prescribed under section 29A(3) of the War Pensions Act 1954).

Part 42 Winston Churchill Memorial Trust Act 1965

155 Principal Act

This Part amends the Winston Churchill Memorial Trust Act 1965 (the principal Act).

156 Long Title repealed

Repeal the Long Title.

157 New section 1A inserted (Purpose)

After section 1, insert:

1A Purpose

The purpose of this Act is to establish and maintain a trust fund in order to benefit—

(a)

occupations, callings, trades, businesses, and professions carried on (or intended to be carried on) in New Zealand:

(b)

New Zealand generally:

(c)

the Commonwealth as a beneficial influence in world affairs.

158 Section 13 amended (Functions and powers of Board)

After section 13(1)(b), insert:

(ba)

to increase public awareness of the Fund and to promote the other functions of the Board and the purpose of this Act:

159 Section 18 amended (Authorised expenditure)

(1)

In section 18(1), replace “fund” with “Fund”.

(2)

After section 18(1)(a), insert:

(aa)

the payment of reasonable costs incurred in—

(i)

increasing public awareness of the Fund; and

(ii)

promoting the functions of the Board and the purpose of this Act:

160 Section 24 amended (Travelling allowances)

In section 24(2), replace “funds of the Board,” with “Fund”.

161 Section 25 amended (Unauthorised expenditure)

In section 25, replace “its funds” with “the Fund”.