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Act Repealed Latest version as at 02 September 2009 | 2009 No 7 | Administered by Treasury

Appropriation (2007/08 Financial Review) Act 2009

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Act Repealed Latest version as at 02 September 2009 | 2009 No 7 | Administered by Treasury

Appropriation (2007/08 Financial Review) Act 2009

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Reprint
as at 2 September 2009

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Appropriation (2007/08 Financial Review) Act 2009

Public Act 2009 No 7
Date of assent 14 April 2009
Commencement see section 2

  • Appropriation (2007/08 Financial Review) Act 2009: repealed, on 2 September 2009, by section 12 of the Appropriation (2009/10 Estimates) Act 2009 (2009 No 28).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Treasury.

Contents

1 Title

2 Commencement

3 Purposes

4 Interpretation

5 Confirmation of Order in Council directing transfer of amounts between output expense appropriations

6 Confirmation of expenses and capital expenditure incurred in excess of existing appropriations and approved by Minister of Finance

7 Validation of unappropriated expenses and capital expenditure

8 Validation of expenses incurred in respect of Vote Courts in financial year ended 30 June 2007

9 Validation of departmental net asset holding

Schedule  1
Expenses and capital expenditure incurred in excess of existing appropriation during year ended 30 June 2008 and approved by Minister of Finance confirmed

Schedule  2
Expenses incurred in excess of appropriation during year ended 30 June 2008 validated

Schedule  3
Expenses and capital expenditure incurred without appropriation or other authority during year ended 30 June 2008 validated

Schedule 4
Excess departmental net asset holding during year ended 30 June 2008 validated

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Appropriation (2007/08 Financial Review) Act 2009.

2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purposes

  • The purposes of this Act are to—

    • (a) confirm financial matters relating to the financial year ended 30 June 2008; and

    • (b) validate other financial matters relating to the financial year ended 30 June 2008 and the previous financial year.

4 Interpretation

  • In this Act, unless the context otherwise requires, the terms capital expenditure, department, expenses, financial year, Office of Parliament, other expenses, output expenses, and Vote have the meanings given to them by section 2(1) of the Public Finance Act 1989.

5 Confirmation of Order in Council directing transfer of amounts between output expense appropriations
6 Confirmation of expenses and capital expenditure incurred in excess of existing appropriations and approved by Minister of Finance

  • (1) The incurring of expenses and capital expenditure approved by the Minister of Finance under section 26B of the Public Finance Act 1989 for the financial year ended 30 June 2008 and described in subsections (2) and (3) is confirmed.

    (2) The expenses and capital expenditure are the expenses and capital expenditure incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1.

    (3) The approved expenses and capital expenditure are shown in each case in column 4 of Schedule 1 alongside the existing appropriation for which the approval was given.

7 Validation of unappropriated expenses and capital expenditure

  • (1) The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that for the financial year ended 30 June 2008, the department incurred—

    • (a) expenses in excess of the existing appropriations set out in column 3 of Schedule 2 alongside that department; or

    • (b) expenses or capital expenditure without appropriation, or other authority, by or under an Act (as specified in column 4 of Schedule 3 alongside the department) against the categories of expenses or capital expenditure set out in column 3 of Schedule 3 alongside that department.

    (3) In this section,—

    capital expenditure means the capital expenditure set out in column 5 of Schedule 3 alongside the relevant department

    department means a department set out in column 1 of, as appropriate, Schedule 2 or 3

    expenses means the expenses set out in, as appropriate, column 4 of Schedule 2 or column 5 of Schedule 3 alongside the relevant department.

8 Validation of expenses incurred in respect of Vote Courts in financial year ended 30 June 2007

  • (1) The incurring of expenses by the Ministry of Justice in the circumstances set out in subsection (2) is validated.

    (2) The circumstances are that for the financial year ended 30 June 2007, the Ministry of Justice incurred expenses of $104,000 outside the scope of the existing appropriation Personal Property Protection Rights Costs in Vote Courts.

9 Validation of departmental net asset holding

  • (1) The excess amount of net asset holding described in subsection (2) in a department is validated.

    (2) The excess amount of net asset holding is the amount of net asset holding, as set out in column 3 of Schedule 4, in the department that, during or at the end of the 2007/08 financial year, exceeded the most recent projected balance of net assets for that department.

    (3) In this section,—

    department means a department set out in column 1 of Schedule 4

    most recent projected balance of net assets means the most recent projected balance of net assets for a department at the end of the 2007/08 financial year—

    • (a) at the time when that projected balance was exceeded; and

Schedule  1
Expenses and capital expenditure incurred in excess of existing appropriation during year ended 30 June 2008 and approved by Minister of Finance confirmed

s 6
Column 1   Column 2   Column 3   Column 4
Administering department or Office of Parliament   Vote   Appropriation  
Expenses or capital expenditure approved in excess of appropriation
$(000)
             
Building and Housing, Department of   Housing   Benefits and other unrequited expenses    
      Income Related Rental Subsidy   1,802
             
Corrections, Department of   Corrections   Departmental output expenses    
      Community-Based Sentences and Orders   584
        Custody of Remand Prisoners   591
        Information Services   194
        Prisoner Employment   84
        Rehabilitative Programmes and Reintegrative Services   273
             
Crown Law Office   Attorney-General   Departmental output expenses    
      Supervision and Conduct of Crown Prosecutions   168
             
Government Communications Security Bureau   Communications Security and Intelligence   Intelligence and security department expenses and capital expenditure    
      Communications Security and Intelligence   788
             
Internal Affairs, Department of   Ministerial Services   Other expenses to be incurred by the Crown    
      Ministers' Internal and External Travel   156
             
Labour, Department of   Immigration   Departmental output expenses    
      Services to Position New Zealand as an International Citizen with Immigration-Related Interests and Obligations   46
             
    Labour   Departmental output expenses    
        Services to Promote and Support the Safe Management of Hazardous Substances in the Workplace and Amusement Devices   5
             
Ombudsmen, Office of the   Ombudsmen   Departmental output expenses    
      Investigation and Resolution of Complaints about Government Administration   56
             
Parliamentary Commissioner for the Environment   Parliamentary Commissioner for the Environment   Departmental output expenses    
      Reports and Advice   12
             
Social Development, Ministry of   Social Development   Benefits and other unrequited expenses    
      Orphans'/Unsupported Child's Benefit   6
        Sickness Benefit   511
        Special Benefit   129
        Temporary Additional Support   692
        Unemployment Benefit   986
             
        Capital expenditure to be incurred by the Crown    
        Recoverable Assistance   876
             
    Veterans' Affairs - Social Development   Benefits and other unrequited expenses    
      Medical Treatment   340
      War Disablement Pensions   1,076
             

Schedule  2
Expenses incurred in excess of appropriation during year ended 30 June 2008 validated

s 7(2)(a), (3)
Column 1   Column 2   Column 3   Column 4
Administering department   Vote   Appropriation  
Expenses in excess of appropriation
$(000)
             
Economic Development, Ministry of   Energy   Non-departmental output expenses    
      Maintenance and Operation of Whirinaki   16,763
             
Education, Ministry of   Education   Other expenses to be incurred by the Crown    
      Early Childhood Education   21,647
        Interest Subsidy for Schools   116
             
Health, Ministry of   Health   Departmental output expenses    
      Administration of Legislation and Regulations   3,012
        Funding and Performance of Crown Entities   1,235
        Information Services   1,139
        Servicing of Ministers and Ministerial Committees   474
             
        Non-departmental output expenses    
        National Maternity Services   15,048
             
Inland Revenue Department   Revenue   Benefits and other unrequited expenses    
      Kiwi Saver: Kickstart payment   43,662
        KiwiSaver Member Tax Credit   80,731
        KiwiSaver: Fee Subsidy   9,815
        KiwiSaver: Interest   252
        Payroll Subsidy   142
             
        Other expenses to be incurred by the Crown    
        Impairment of Debt Relating to Child Support   62,044
        Impairment of Debt Relating to General Tax and Family Support   95,239
             
Justice, Ministry of   Courts   Other expenses to be incurred by the Crown    
        Costs in Criminal Cases   301
        Family Court Professional Services   771
        MVDT Adjudicator Remuneration and Assessors Costs   13
             
    Treaty Negotiations   Departmental output expenses    
        Policy Advice - Treaty Negotiations   1,391
             
Labour, Department of   Labour   Non-departmental output expenses    
      Employment Relations Education Contestable Fund   242
             
New Zealand Defence Force   Defence Force   Departmental output expenses    
      Fixed Wing Transport Forces   408
        Land Combat Forces   98
        Land Combat Service Support Forces   224
        Maritime Patrol Forces   2,023
        Rotary Wing Transport Forces   302
             
New Zealand Food Safety Authority   Food Safety   Departmental output expenses    
      Response to Food Safety Emergencies   288
             
New Zealand Police   Police   Departmental output expenses    
      Case Resolution and Support to Judicial Process   18,768
        Investigations   9,846
        Policy Advice and Ministerial Servicing   940
             
State Services Commission   State Services   Departmental output expenses    
      Government Shared Network   8,491
             
Transport, Ministry of   Transport   Departmental output expenses    
      Next Steps Review Implementation   343
        Sector Leadership and Support   258
             

Schedule  3
Expenses and capital expenditure incurred without appropriation or other authority during year ended 30 June 2008 validated

s 7(2)(b), (3)
Column 1   Column 2   Column 3   Column 4   Column 5
Administering department   Vote   Category of expenses or capital expenditure   Nature of breach  
Expenses or capital expenditure
$(000)
                 
Conservation, Department of   Conservation   Capital expenditure to be incurred by the Crown        
      Crown Land Acquisitions   Without appropriation   44,988
                 
Inland Revenue Department   Revenue   Non-departmental output expenses        
      Retirement Commissioner   Without appropriation   380
                 
        Other expenses to be incurred by the Crown        
        General Tax and Family Support Bad Debt Write-offs   Without appropriation   123,897
                 
                 
Justice, Ministry of   Courts   Other expenses to be incurred by the Crown        
        Personal Property Protection Rights Costs   Outside scope   467
                 
    Treaty Negotiations   Other expenses to be incurred by the Crown        
        Historical Treaty of Waitangi Settlements   Outside scope   1,026
                 
Treasury, The   Finance   Other expenses to be incurred by the Crown        
        Atihau-Whanganui Incorporation Ex-Gratia Payment   Without appropriation   23,000
        Write-off of Capital Charge Receivable   Without appropriation   3,180
                 
                 
        Capital expenditure to be incurred by the Crown        
        Landcorp Protected Land Agreement   Without appropriation   64,200
                 

Schedule 4
Excess departmental net asset holding during year ended 30 June 2008 validated

s 9
Column 1   Column 2   Column 3
Department   Most recent projected balance of net assets at 30 June 2008 at time when exceeded
$(000) 		  Amount of net assets in excess of projected balance
$(000)
 
         
Agriculture and Forestry, Ministry of   28,733   193
         
Archives New Zealand   64,749   4
         
Clerk of the House of Representatives, Office of the   4,529   237
         
Economic Development, Ministry of   20,939   584
         
Environment, Ministry for the   4,887   371
         
Foreign Affairs and Trade, Ministry of   348,156   2,300
         
Internal Affairs, Department of   42,267   2,425
         
Justice, Ministry of   634,635   183
         
National Library of New Zealand   105,410   397
         

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Appropriation (2007/08 Financial Review) Act 2009. The reprint incorporates all the amendments to the Act as at 2 September 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Appropriation (2009/10 Estimates) Act 2009 (2009 No 28): section 12

Act Repealed Latest version as at 02 September 2009

Appropriation (2007/08 Financial Review) Act 2009

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