If the Minister lends money under subsection (1), the amount payable by the borrower is recoverable in a court of competent jurisdiction as a debt due to the Crown.

(5)

In this section,—

borrower means a person or an assisting party who—

(a)

received a loan under subsection (1); and

(b)

has not fully repaid the amount payable under the loan

permanent resident has the same meaning as in section 4 of the Immigration Act 2009.

6 New Schedule 1 inserted

Insert the Schedule 1 set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act.

7 Section 14 amended (Consequential amendments, repeals, and savings)

In section 14(1), replace “the Schedule” with “Schedule 2”.

8 Schedule amended

In the Schedule heading, after “Schedule”, insert “2”.

Schedule New Schedule 1 inserted

s 6

Schedule 1 Transitional, savings, and related provisions

s 2AA

Part 1 Provision relating to Foreign Affairs (Consular Loans) Amendment Act 2023

1 Validation of consular loans

(1)

This clause applies to any lending of money by the Ministry in the period that started on 18 July 2013 and ended on 15 June 2020 for the purpose of providing consular assistance to a person outside New Zealand.

(2)

The lending is and always has been authorised for the purposes of section 65K of the Public Finance Act 1989.

(3)

In this clause, lend money has the meaning given in section 2(1) of the Public Finance Act 1989.

Legislative history

21 June 2022		Introduction (Bill 135–1)
26 July 2022		First reading and referral to Foreign Affairs, Defence and Trade Committee
24 November 2022		Reported from Foreign Affairs, Defence and Trade Committee
28 March 2023		Second reading, committee of the whole House, third reading
4 April 2023		Royal assent

This Act is administered by the Ministry of Foreign Affairs and Trade.

Foreign Affairs (Consular Loans) Amendment Act 2023