New Zealand Legislation: Supplementary Order Papers

“75 Determinations made in accordance with allocation plan

• “(1) As soon as practicable after an allocation plan is issued and is in force for a period specified in section 68(1), 69(1), 69B(1), or 70(1), the Minister must give public notice inviting any person who may be eligible for an allocation of New Zealand units under the allocation plan to apply for an allocation.

  “(2) The Minister must ensure that a notice given under subsection (1) specifies—

  • “(a) that the person must supply to the Minister the data and information, or the kind of data and information, specified in the allocation plan; and

  • “(b) how the data and information are to be supplied; and

  • “(c) the date by which the data and information must be supplied (which must be no earlier than 40 working days after the date on which notice is given); and

  • “(d) that the data and information supplied is subject to the Official Information Act 1982.

  “(3) Despite anything in this subpart, or in any allocation plan,—

  • “(a) a person must respond to a notice given under subsection (1) in order to receive an allocation of New Zealand units under any applicable allocation plan; and

  • “(b) the Minister is not under any duty to make a determination in favour of any person who fails to respond to the notice within the period specified.

  “(4) Following the expiry of the time specified in a notice given under subsection (1) for the supply of data and information, the Minister must apply the criteria and methodologies specified in the allocation plan to make a draft determination specifying—

  • “(a) the total number of New Zealand units available for allocation under the allocation plan; and

  • “(b) the identity of each eligible person; and

  • “(c) the total number of New Zealand units allocated under the allocation plan to each eligible person; and

  • “(d) the year or years in which each eligible person will receive the New Zealand units allocated to them.

  “(5) After making a draft determination, the Minister must notify each eligible person specified in the draft determination, and every person who responded to the notice given under subsection (1) who is not specified as an eligible person in the draft determination,—

  • “(a) of the draft determination; and

  • “(b) if the person is not specified in the draft determination as an eligible person, of the reasons for the person not being specified as an eligible person; and

  • “(c) that the person has an opportunity to identify any errors, mistakes, or miscalculations that have been made in the application of the criteria and methodologies to make the draft determination; and

  • “(d) if the person identifies any errors, mistakes, or miscalculations, that the person may provide the Minister with information concerning what the person considers should be the correct application of the criteria and methodologies; and

  • “(e) of the date by which the person must supply the information (which date must not be earlier than 20 working days after the date on which notice is given).

  “(6) The Minister may consult further with any person the Minister thinks fit either before or after the expiry of the period specified in subsection (5)(e) for providing information.

  “(7) Taking into account any information supplied under subsection (5), and any consultation under subsection (6), the Minister must—

  • “(a) make a new draft determination under subsection (4); or

  • “(b) make a determination of the matters specified in subsection (4).

  “(8) As soon as practicable after making a determination under subsection (7)(b), the Minister must—

  • “(a) publish the determination in the Gazette; and

  • “(b) make the determination accessible via the Internet site of the department of the chief executive responsible for the administration of this Act; and

  • “(c) provide for the transfer of New Zealand units to each eligible person in accordance with the determination.

  “(9) A determination continues in force until—

  • “(a) the allocation plan in accordance with which the determination is made expires; or

  • “(b) the determination is replaced by a new determination made in accordance with section 75B; or

  • “(c) one of the conditions in paragraph (a) or (b) is met, even if the allocation plan in accordance with which the determination is made is revoked and replaced with another allocation plan.

“75A Minister may require further information after determination made

• “(1) The Minister may, after making a determination, require the following persons to supply the records, data or information, or the kind of records, data and information, specified in the applicable allocation plan, in the form specified,—

  • “(a) persons who have been transferred New Zealand units in accordance with the determination; and

  • “(b) persons who have not been transferred New Zealand units in accordance with the determination, but who have applied to the Minister for an allocation of New Zealand units in accordance with an allocation plan; and

  • “(c) persons who have previously been transferred New Zealand units, but who are not eligible to receive a further transfer of New Zealand units, in accordance with the determination.

  “(2) Any requirement for the supply of records, data or information under subsection (1) must be made—

  • “(a) by notice to the person (which notice must specify that the records, data, or information supplied are subject to the Official Information Act 1982); and

  • “(b) in accordance with any relevant policies, procedures, and provisions specified in the applicable allocation plan.

  “(3) A person who—

  • “(a) receives a notice issued under subsection (2)(a) must supply the records, data, or information requested within the time frame specified in the notice; and

  • “(b) fails to respond within the specified time frame for supply of records, data, or information under subsection 2(a) may—

    • “(i) not receive any further allocation of New Zealand units until the person supplies the information; and

    • “(ii) commit an offence under section 118(1)(a) or section 120(1)(d) as if the reference to the chief executive in those sections were to the Minister, and the reference to section 83 in section 118(1)(a) was to this section.

“75B New determination made in accordance with allocation plan

• “(1) The Minister may (but is not required to) revoke and replace any existing determination with a new determination at any time if—

  • “(a) the allocation plan under which the existing determination was made has been revoked and replaced with a new allocation plan; or

  • “(b) the existing determination has resulted, or will result, in a person receiving an incorrect allocation owing to—

    • “(i) an error in the application of the criteria and methodologies specified in the applicable allocation plan; or

    • “(ii) the person providing altered, false, incomplete, or misleading information in response to a notice given under section 75(1) or (5) in relation to the existing determination; or

  • “(c) a person who is specified as an eligible person under the existing determination is no longer an eligible person; or

  • “(d) there has been a change in the circumstances of a person who is specified as an eligible person under the existing determination that, if taken into account, would increase or decrease that person’s entitlement to an allocation; or

  • “(e) a person who is not specified as an eligible person under the existing determination has—

    • “(i) reasonable grounds to believe that he or she is an eligible person; and

    • “(ii) applied to the Minister for an allocation in accordance with the applicable allocation plan.

  “(2) However, the Minister may only make a new determination in accordance with an allocation plan that provides for the matters in section 68 if subsection (1)(a) or (b) applies.

  “(3) In making a new determination, the Minister must,—

  • “(a) if the Minister considers that he or she has sufficient information to make the new determination of the matters specified in section 75(4), comply with subsection (4); or

  • “(b) if the Minister considers that he or she does not have sufficient information to make the new determination of the matters specified in section 75(4), follow the process in section 75, except that the reference to—

    • “(i) 40 working days in section 75(2)(c) must be read as 20 working days; and

    • “(ii) 20 working days in section 75(5)(e) must be read as 10 working days.

  “(4) If subsection (3)(a) applies, the Minister must—

  • “(a) give notice of the matters specified in section 75(5) to the following persons:

    • “(i) persons specified as eligible persons under the existing determination who would, once the new determination replaces the existing determination, receive greater or fewer New Zealand units than if the new determination did not replace the existing determination; and

    • “(ii) persons not specified as eligible persons under the existing determination whom the new determination specifies as eligible persons; and

  • “(b) comply with section 75(6) to (8) as if the notice given under paragraph (a) had been given under section 75(5).

  “(5) If the Minister has provided notice of the matters specified in section 75(5) in accordance with subsection (4), the reference to 20 working days in section 75(5)(e) must be read as 10 working days.

  “(6) Any new determination made in accordance with subsection (3)—

  • “(a) may specify all of the matters specified in section 75(4), and may—

    • “(i) specify the correct allocation of a person whose allocation is specified incorrectly in the existing determination; or

    • “(ii) not specify as an eligible person a person who was specified as an eligible person under the existing determination but is no longer an eligible person; or

    • “(iii) increase or decrease a person’s allocation owing to a change in the person’s circumstances since the existing determination was made; or

    • “(iv) specify as an eligible person a person who was not specified as an eligible person under the existing determination; and

  • “(b) applies subject to section 75C.

  “(7) Despite anything in this section, the Minister may make a new determination that corrects any minor mistakes or defects in an existing determination without complying with section 75(1) to (6).

“75C Effect of new determination

• “(1) If the Minister makes a new determination in accordance with section 75B, the new determination has the effect of immediately revoking and replacing the existing determination.

  “(2) A new determination made in accordance with section 75B applies from the date it is made, and, subject to subsections (5) and (6), does not change or otherwise affect any transfer of New Zealand units made to a person in accordance with any revoked determination before that date.

  “(3) If a revoked determination incorrectly specified a person’s allocation, a new determination may increase or decrease the number of New Zealand units the person is to receive by the difference between the number of New Zealand units that the person—

  • “(a) received under the revoked determination; and

  • “(b) would have received if the revoked determination had specified the person’s correct allocation.

  “(4) If the circumstances of a person specified as an eligible person under a revoked determination changed while that determination was in force, and the person received greater or fewer New Zealand units than the person’s entitlement as a result, then a new determination may increase or decrease the number of New Zealand units the person is to receive by the difference between the number of New Zealand units that the person—

  • “(a) received under the revoked determination; and

  • “(b) should have received, given the person’s change in circumstances.

  “(5) If a person specified as an eligible person under a revoked determination is not specified as an eligible person under a new determination, but the person received greater or fewer New Zealand units than they were entitled to under the revoked determination, then,—

  • “(a) if the person received too few New Zealand units, the new determination may specify that the person is to receive a further allocation of New Zealand units equal to the difference between the number of New Zealand units the person received under the revoked determination and the number of New Zealand units that the person would have received if the revoked determination had specified the person’s correct allocation; or

  • “(b) if the person received too many New Zealand units, the chief executive may give a notice to the person, under section 112A(1), specifying the number of New Zealand units the person received that the person was not entitled to, and requiring the person to transfer that number of New Zealand units in accordance with section 112A(2).

  “(6) If a new determination shows that a person received more New Zealand units than the person was entitled to receive under a revoked determination, and the person’s incorrect allocation was due to the person providing altered, false, incomplete or misleading information in response to a notice issued under section 75(2) or 75(5), then the chief executive may give a notice to the person under section 112A(1) specifying the number of New Zealand units the person received that the person was not entitled to, and requiring the person to repay that number of New Zealand units in accordance with section 112A(2).