Appropriation (2021/22 Confirmation and Validation) Act 2023

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Appropriation (2021/22 Confirmation and Validation) Act 2023

Public Act		2023 No 19
Date of assent		17 May 2023
Commencement		see section 2

1	Title
2	Commencement
3	Purpose
4	Interpretation
5	Confirmation of Order in Council directing transfer of amounts between output expense appropriations
6	Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance
7	Validation of unappropriated expenses and capital expenditure for 2021/22 financial year
8	Validation of unauthorised capital injection for 2021/22 financial year
9	Validation of unappropriated expenses incurred by Ministry of Social Development for 2017/18 to 2020/21 financial years
	Schedule 1 Confirmation of expenses incurred in excess, but within scope, of existing appropriation for 2021/22 financial year with approval of Minister of Finance
	Schedule 2 Validation of expenses incurred in excess, but within scope, of existing appropriation and with authority of Imprest Supply Act for 2021/22 financial year
	Schedule 3 Validation of expenses and capital expenditure incurred in excess, but within scope, of existing appropriations and without authority of Imprest Supply Act for 2021/22 financial year
	Schedule 4 Validation of expenses and capital expenditure incurred not within scope of existing appropriations and without authority of Imprest Supply Act for 2021/22 financial year
	Schedule 5 Validation of expenses incurred in advance of appropriation and without authority of Imprest Supply Act for 2021/22 financial year
	Legislative history
	Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Appropriation (2021/22 Confirmation and Validation) Act 2023.

2 Commencement

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

3 Purpose

The purpose of this Act is—

(a)

to confirm and validate matters relating to the 2021/22 financial year; and

(b)

to validate a matter relating to the 2017/18, 2018/19, 2019/20, and 2020/21 financial years.

4 Interpretation

(1)

In this Act,—

2017/18 financial year means the financial year ending with 30 June 2018

2018/19 financial year means the financial year ending with 30 June 2019

2019/20 financial year means the financial year ending with 30 June 2020

2020/21 financial year means the financial year ending with 30 June 2021

2021/22 financial year means the financial year ending with 30 June 2022.

(2)

Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989 have, in this Act, the same meanings as in the Public Finance Act 1989.

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

The Public Finance (Transfers Between Outputs) Order 2022 is confirmed.

6 Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance

(1)

The incurring of expenses approved by the Minister of Finance under section 26B of the Public Finance Act 1989 for the 2021/22 financial year and described in subsections (2) and (3) is confirmed.

(2)

The expenses are the expenses incurred in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 1.

(3)

The amount of the approved expenses is shown in column 4 of Schedule 1 alongside the existing appropriation for which the approval was given.

7 Validation of unappropriated expenses and capital expenditure for 2021/22 financial year

(1)

The incurring of expenses or capital expenditure by a department in the circumstances set out in subsection (2), (3), (4), or (5) is validated for the purposes of section 26C of the Public Finance Act 1989.

(2)

The circumstances in this subsection are that,—

(a)

for the 2021/22 financial year, the department incurred expenses in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 2 alongside that department; and

(b)

the expenses referred to in paragraph (a) were incurred under the authority of an Imprest Supply Act.

(3)

The circumstances in this subsection are that,—

(a)

for the 2021/22 financial year, the department incurred expenses or capital expenditure in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 3 alongside that department; and

(b)

the expenses or capital expenditure referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

(4)

The circumstances in this subsection are that,—

(a)

for the 2021/22 financial year, the department incurred expenses or capital expenditure, not within the scope of any existing appropriation, against the categories of expenses or capital expenditure set out in column 3 of Schedule 4 alongside that department; and

(b)

the expenses or capital expenditure referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

(5)

The circumstances in this subsection are that,—

(a)

for the 2021/22 financial year, the department incurred expenses in advance of the appropriations set out in column 3 of Schedule 5 alongside that department; and

(b)

the expenses referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

(6)

In this section,—

capital expenditure means the amount of capital expenditure set out in column 4 of, as appropriate, Schedule 3 or 4 alongside the relevant department

department means a department specified in column 1 of, as appropriate, Schedule 2, 3, 4, or 5

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

8 Validation of unauthorised capital injection for 2021/22 financial year

(1)

The making of the capital injection set out in subsection (2) is validated for the purposes of section 26CA of the Public Finance Act 1989.

(2)

The capital injection is the capital injection of $568,000 that—

(a)

was made to the Office of the Ombudsman in the 2021/22 financial year; and

(b)

was made without authority under an Appropriation Act; and

(c)

was not made under the authority of an Imprest Supply Act.

9 Validation of unappropriated expenses incurred by Ministry of Social Development for 2017/18 to 2020/21 financial years

(1)

The incurring of expenses by the Ministry of Social Development for Vote Social Development in the circumstances set out in subsection (2) is validated.

(2)

The circumstances are that—

(a)

the amount of the expenses is,—

(i)

for the 2017/18 financial year, $1,488,000:

(ii)

for the 2018/19 financial year, $1,164,000:

(iii)

for the 2019/20 financial year, $1,653,000:

(iv)

for the 2020/21 financial year, $974,000; and

(b)

the expenses were incurred in making payments for accommodation assistance that were not in accordance with the statutory criteria; and

(c)

the expenses—

(i)

were not within the scope of any existing appropriation; and

(ii)

were not incurred under the authority of an Imprest Supply Act.

Schedule 1 Confirmation of expenses incurred in excess, but within scope, of existing appropriation for 2021/22 financial year with approval of Minister of Finance

s 6

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Te Puni Kōkiri	Māori Development	Non-Departmental Other Expenses
Te Puni Kōkiri		Rōpū Whakahaere, Rōpū Hapori Māori \| Community and Māori Governance Organisations	342

Schedule 2 Validation of expenses incurred in excess, but within scope, of existing appropriation and with authority of Imprest Supply Act for 2021/22 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Conservation, Department of	Conservation	Non-Departmental Output Expenses
		Community Conservation Funds	3,310

Schedule 3 Validation of expenses and capital expenditure incurred in excess, but within scope, of existing appropriations and without authority of Imprest Supply Act for 2021/22 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Conservation, Department of	Conservation	Non-Departmental Output Expenses
		Community Conservation Funds	3,471

		Non-Departmental Other Expenses
		Vesting of Reserves	3,130

Social Development, Ministry of	Social Development	Non-Departmental Other Expenses
		Reimbursement of Income Related Rent Overpayments	171

Treasury, The	Finance	Non-Departmental Capital Expenditure
		Participation in Dividend Reinvestment Plans by the Mixed Ownership Model Companies	11,747

Schedule 4 Validation of expenses and capital expenditure incurred not within scope of existing appropriations and without authority of Imprest Supply Act for 2021/22 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Category of expenses or capital expenditure	Amount $(000)

Foreign Affairs and Trade, Ministry of	Foreign Affairs	Non-Departmental Capital Expenditure
		New Zealand Antarctic Institute	23,000

Social Development, Ministry of	Social Development	Benefits or Related Expenses
Social Development, Ministry of	Social Development	Accommodation Assistance	628

Schedule 5 Validation of expenses incurred in advance of appropriation and without authority of Imprest Supply Act for 2021/22 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Business, Innovation, and Employment, Ministry of	Business, Science and Innovation	Non-Departmental Other Expenses
	Business, Science and Innovation	Infrastructure: Broadband Investment	77,500
		Infrastructure: Regional Digital Connectivity Improvements	32,992

Inland Revenue Department	Revenue	Non-Departmental Other Expenses
		COVID-19 Resurgence Support Payment	4,768

Legislative history

16 March 2023		Introduction (Bill 233–1)
28 March 2023		First reading, second reading
16 May 2023		Committee of the whole House, third reading
17 May 2023		Royal assent

This Act is administered by the Treasury.

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Appropriation (2021/22 Confirmation and Validation) Act 2023

Appropriation (2021/22 Confirmation and Validation) Act 2023

Contents

1 Title

2 Commencement

3 Purpose

(a)

(b)

4 Interpretation

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

6 Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance

7 Validation of unappropriated expenses and capital expenditure for 2021/22 financial year

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

8 Validation of unauthorised capital injection for 2021/22 financial year

(a)

(b)

(c)

9 Validation of unappropriated expenses incurred by Ministry of Social Development for 2017/18 to 2020/21 financial years

(a)

(i)

(ii)

(iii)

(iv)

(b)

(c)

(i)

(ii)

Schedule 1 Confirmation of expenses incurred in excess, but within scope, of existing appropriation for 2021/22 financial year with approval of Minister of Finance

Schedule 2 Validation of expenses incurred in excess, but within scope, of existing appropriation and with authority of Imprest Supply Act for 2021/22 financial year

Schedule 3 Validation of expenses and capital expenditure incurred in excess, but within scope, of existing appropriations and without authority of Imprest Supply Act for 2021/22 financial year

Schedule 4 Validation of expenses and capital expenditure incurred not within scope of existing appropriations and without authority of Imprest Supply Act for 2021/22 financial year

Schedule 5 Validation of expenses incurred in advance of appropriation and without authority of Imprest Supply Act for 2021/22 financial year

Legislative history