Part 1
Biosecurity Act 1993

Part 1 amends section 102(2) of the Biosecurity Act 1993 to make clear that deputy chief technical officers have the power to appoint inspectors, authorised persons, and accredited persons.

Part 2
Cadastral Survey Act 2002

Part 2 amends the Cadastral Survey Act 2002.

Clause 6 repeals and substitutes section 34. This amendment provides that in Part 4, licensed cadastral surveyor or cadastral surveyor includes a former licensed cadastral surveyor and a person who was a registered surveyor under the Survey Act 1986.

Clause 7 amends section 35(4). This amendment provides that the chief executive must also provide to the Board any information that he or she holds that is relevant to a complaint of professional misconduct under section 35. Prior to the Cadastral Survey Act 2002, the Surveyor-General held and maintained survey data. However, under section 9(e) of that Act (which relates to the functions of the chief executive), the chief executive is required to store and provide access to cadastral survey data, making it necessary for the chief executive to be referenced in section 35(4).

Clause 8 amends section 48 by inserting new subsection (2A). New section 48(2A) provides that a cadastral surveyor must comply with regulations to provide digital cadastral survey datasets, unless the chief executive has determined that it is impractical or unreasonable to provide or receive a cadastral survey dataset, or specified parts or classes of cadastral survey datasets, as digital cadastral survey datasets. This amendment is necessary to take into account any operational constraints of the Landonline system that may make it impractical to receive some cadastral datasets in a digital form following 1 September 2007, from which date all cadastral survey datasets must be lodged electronically.

Clause 9(1) amends section 52(1) by providing that if an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 1952 or any title or tenure under any other Act, the Surveyor-General may, in writing, require the cadastral surveyor responsible for the error to undertake, or arrange the undertaking of, the work necessary to correct the error within a time that the Surveyor-General considers reasonable. This amendment extends section 52(1)—

• to require the person to arrange for any work (previously, the section only required the work to be undertaken):

• to provide that compliance must take place within a time that the Surveyor-General considers reasonable.

Clause 9(2) amends section 52 by adding new subsection (3). New section 52(3) provides that in section 52(1), cadastral surveyor includes a former licensed cadastral surveyor and a person who was a registered surveyor under the Survey Act 1986.

Clause 10 amends clause 1(g) of Schedule 2 by inserting a new reference to the chief executive. This amendment provides that a licensed cadastral surveyor is guilty of professional misconduct if the cadastral surveyor is found in any proceedings or appeal under Part 4 to have supplied the Surveyor-General or the chief executive with any erroneous information in relation to any cadastral survey, cadastral survey mark, or boundary, knowing the information to be erroneous in any material particular.

Part 3
Crimes Act 1961

Part 3 amends section 35(a) of the Crimes Act 1961 by removing an outdated reference to an offence punishable by death. Offences punishable by death were repealed by the Abolition of the Death Penalty Act 1989.

Part 4
Criminal Investigations (Bodily Samples) Act 1995

Part 4 amends the Criminal Investigations (Bodily Samples) Act 1995.

Clause 14 inserts a definition of video record that refers to the definition of video record in the Evidence Act 2006.

Clauses 15, 16, and 17 amend section 9(1)(b) and (3), section 24G(1)(b) and (3), and section 34(1)(b) and (3) to change references from “videotape” to “video record”.

Part 5
District Courts Act 1947

Part 5 amends Part 2 of Schedule 1A of the District Courts Act 1947 by omitting the references to section 132(2) and (3) of the Crimes Act 1961 (sexual conduct against a child under 12).

Section 132(2) and (3) were incorrectly incorporated into Schedule 1A by the Crimes Amendment Act 2005 and have, since then, created confusion because they are also listed in Part 1 of Schedule 1 of the Summary Proceedings Act 1957.

Part 6
Fisheries Act 1996

Part 6 amends the Fisheries Act 1996.

Clause 21 amends section 17B(5) of the Act in relation to stocks or species subject to the permit moratorium that the Minister determines should not be subject to the quota management system. At present, the stock or species concerned ceases to be subject to the moratorium from the date of the Minister's notification of that decision in the Gazette. Under the amendment, the stock or species would cease to be subject to the moratorium with effect from the commencement of the fishing year following the date of the notification, in line with the position of moratorium stocks or species that the Minister determines should be subject to the quota management system.

Clause 22 removes from section 19(5A) a reference to a repealed provision.

Clause 23 amends section 35(3) to more correctly refer to a determination of fishers' eligibility for provisional catch history for a stock, rather than to an actual allocation of provisional catch history.

Clause 24 amends section 303, which generally requires notices under the Act to have the status of regulations. The amendment excludes from this requirement notices under section 186ZE (notification of location and hours of availability of the aquaculture agreements register) and section 265A (notification of remaining balances for cost recovery settlement).

Part 7
Historic Places Act 1993

Part 7 amends the Historic Places Act 1993.

Clause 26 inserts new section 43A. New section 43A provides a procedure for dealing with extraordinary vacancies that occur with respect to elected members of the Board.

Clause 27 amends section 104(d) by changing the phrase “damages and destroys” to “damages or destroys”.

Part 8
Misuse of Drugs Act 1975

Part 8 amends section 31(5) of the Misuse of Drugs Act 1975 by repealing and substituting paragraphs (c) and (d).

The amendments, which relate to the definition of member of the police,—

• replace “a member of the Air Security Branch of the Royal New Zealand Air Force” (existing paragraph (c)) with “a member of the Senior Air Security Specialist trade, or of the Air Security Specialist trade, of the Royal New Zealand Air Force” (new paragraph (c)); and

• replace “an officer of the Air Security specialisation of the Administrative Branch of the Royal New Zealand Air Force” (existing paragraph (d)) with “an officer of the Air Security specialisation of the Operational Support Branch of the Royal New Zealand Air Force” (new paragraph (d)).

The amendments reflect changes in the terminology used in the Armed Forces.

Part 9
National Parks Act 1980

Part 9 makes a technical amendment to section 48(1) of the National Parks Act 1980 to correct the incorrect cross-reference to section 47(4). Section 47(4) does not relate to the requirement under section 48(1) that the Authority consider the plan and matters referred to it. The correct reference is to the matters that must be referred to the Authority by the Board under section 47(6).

Part 10
New Zealand Horticulture Export Authority Act 1987

Part 10 amends the New Zealand Horticulture Export Authority Act 1987 by—

• omitting “any” from section 10(1)(a)(ii) and substituting “either”; and

• repealing section 10(3) and substituting a new subsection (3).

The amendments reflect the following name changes:

• the New Zealand Fruitgrowers Federation, the New Zealand Vegetable & Potato Growers Federation (Incorporated), and The New Zealand Berryfruit Growers Federation Inc have been changed to Horticulture New Zealand Incorporated; and

• the New Zealand Nurserymens Association Incorporated has been changed to The Nursery and Garden Industry Association of New Zealand Incorporated.

Part 11
Radiocommunications Act 1989

Part 11 amends the Radiocommunications Act 1989.

Clause 35 repeals and replaces section 47A(1)(c)(iv). The new section 47A(1)(c)(iv) provides that, in order for current and successive management rights to be aggregated, the records of management rights of both the current management rights and the successive management rights must have the same conditions applying to spectrum licences created in relation to those records.

This amendment means, for example, that a current management right with 1 or more licences created under it (each licence having conditions) may be aggregated with a successive management right without any licences created under it. The amendment requires spectrum licence conditions specified on the records of management rights to be the same, rather than the current law, which requires the spectrum licences to have the same conditions.

Part 12
Reserves Act 1977

Part 12 amends the heading to section 62 of the Reserves Act 1977 by omitting the reference to the Commissioner of Crown Lands. This is consistent with the definition of Commissioner in section 2(1), as amended by section 65(1) of the Conservation Act 1987. The Commissioner of Crown Lands, a statutory officer under the Land Act 1948, no longer has any powers under the Reserves Act 1977.

Part 13
Summary Proceedings Act 1957

Part 13 amends Schedule 1 of the Summary Proceedings Act 1957.

Schedule 1 is a list of indictable offences that are triable summarily by District Court Judges. Part 1 of Schedule 1 lists indictable offences under the Crimes Act 1961, and Part 2 of that schedule lists indictable offences under other enactments.

Clause 39(1) amends Part 1 of Schedule 1 by correcting the reference to section 236 of the Crimes Act 1961. The reference to the whole of section 236 (assault with intent to rob) is incorrect because subsection (1) of that section contains offences that attract a maximum penalty of 14 years imprisonment. The correct reference is to section 236(2), which provides that it is an offence with a maximum penalty of 7 years imprisonment to assault a person with intent to rob.

Clause 39(2) removes the reference to section 351 of the Gambling Act 2003 from Part 2 of Schedule 1. Section 351 (cheating in a casino venue) is removed because it is a summary offence and therefore does not belong in Schedule 1 (which relates only to indictable offences).

Part 14
Veterinarians Act 2005

Part 14 amends the Veterinarians Act 2005 by—

• including a requirement, in section 6(1), that a person seeking to be registered satisfies the Veterinary Council of New Zealand (the Council) that he or she is a fit and proper person to be registered. The amendment to section 6(1) also enables registration of a person who is eligible to have one of the qualifications specified in section 6(1)(a) and (b), but does not yet hold the qualification. This provision will remove the current need for a person in this position to obtain provisional registration for the time between completion of the course and graduation, and then obtain full registration on graduation:

• omitting the requirement, in section 7(1), for a notice to be published in the Gazette when the Council designates a branch of veterinary science as a branch in which a veterinarian may practise as a specialist. The amendment will enable the Council to make designations without notice in the Gazette. An amendment to section 7(1)(b) clarifies that the Council may amend or revoke any designation made under section 7(1)(a):

• omitting, from section 9(a)(i), the words “within the last 7 years”. The removal of these words will make the disqualification provisions of section 9 consistent with regimes applying to other health professionals and with the Criminal Records (Clean Slate) Act 2004. The amendment to section 9(b) enables the Council to take into account the matters specified in section 9(b)(i) and (ii), whether those matters occurred in New Zealand or elsewhere. In the existing section 9(b), the Council is limited to considering those matters only if they occurred “in another country”:

• repealing section 10 and substituting a new section 10. The current section 10 requires an application for registration to be in a form prescribed by the Council. Under section 88(1), matters prescribed by the Council must be notified in the Gazette. The new section 10 will enable the Council to determine the form and content of the application without notification in the Gazette:

• inserting a new section 14(2)(ab), which will require the Council to be satisfied that a person seeking limited registration is a fit and proper person to be registered. This requirement will make section 14(2) consistent with other provisions of the Act:

• repealing section 24(2) and substituting a new section 24(2). The current section 24(2) requires an application for registration to be in a form prescribed by the Council. Under section 88(1), matters prescribed by the Council must be notified in the Gazette. The new section 24(2) will enable the Council to determine the form and content of the application without notification in the Gazette:

• inserting a new section 43(2A). New section 43(2A) will enable the complaints assessment committee to make recommendations to the Council without investigating, or fully investigating, a complaint or referral. The provision will apply if the complaint or referral relates to the competence of a specified person or to a medical issue or requires urgent action by the Council. The current section 43 requires the complaints assessment committee to investigate all complaints and referrals before making a recommendation to the Council:

• inserting, in section 58, words that will enable the Council, of its own motion, to require a specified person to undergo an assessment. Under the current section 58, the Council may only impose such a requirement on the recommendation of a complaints assessment committee:

• inserting a new section 75(e)(iii) and (iv). New section 75(e)(iii) confirms that one of the Council's functions is to designate branches of veterinary science as branches in which veterinarians may practise as specialists for the purposes of section 7(1). New section 75(e)(iv) specifies that one of the Council's functions is to determine the form and content of applications for registration under new section 10(a) and (b), and for a practising certificate under new section 24(2)(a) and (b):

• repealing section 75(j)(ii) and (iv). The amendments to sections 10 and 24 will mean that the Council's functions no longer include prescribing forms for the purposes of those sections:

• inserting, in clause 17(2) of Schedule 1, words that will enable the Council to delegate some of its less critical powers under Part 3 to a committee or the Registrar. The current clause 17(2) restricts the Council's ability to delegate its Part 3 powers: those powers may only be delegated to a judicial committee.