Statutes Amendment Bill
Statutes Amendment Bill
Statutes Amendment Bill
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Statutes Amendment Bill
Government Bill
71—3
As reported from the committee of the whole House
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Hon Simon Bridges
Statutes Amendment Bill
Government Bill
71—3
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Statutes Amendment Act 2015.
2 Commencement
(1)
Sections 75(4) and 78 come into force Part 21 comes into force 90 days after the date on which this Act receives the Royal assent.
(2)
The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Accident Compensation Act 2001
3 Principal Act
This Part amends the Accident Compensation Act 2001 (the principal Act).
4 Section 139 amended (Corporation’s duties to secure independence of reviewer)
(1)
Replace section 139(1) with:
(1)
The Corporation must not engage as a reviewer a person who is currently—
(a)
employed by the Corporation; or
(b)
engaged by the Corporation to make decisions on claims in a capacity other than that of reviewer; or
(c)
employed or engaged by a subsidiary of the Corporation.
(2)
Repeal section 139(2).
(3)
In section 139(3), replace “the reviewer’s contract”
with “a contract with a reviewer”
.
Part 1A Airport Authorities Act 1966
4A Principal Act
This Part amends the Airport Authorities Act 1966 (the principal Act).
4B Section 9 amended (Bylaws)
In section 9(1)(ff), replace “the insertion of suitable advertisements in a newspaper circulating in the district where the airport is situated”
with “publicising the sale in what the authority considers to be a fair and reasonable manner”
.
Part 2 Bail Act 2000
5 Principal Act
This Part amends the Bail Act 2000 (the principal Act).
6 Section 14 amended (Exercise of discretion when considering bail pending appeal)
(1)
Replace section 14(1) with:
(1)
This section applies if an appellant—
(a)
is appealing his or her conviction or sentence, or both; and
(b)
is—
(i)
in custody; or
(ii)
in a home detention residence subject to a sentence of home detention.
(1A)
The court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
(2)
In section 14(3), replace “subsection (1)”
with “subsection (1A)”
.
7 Section 53 amended (Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge)
Replace section 53(1) with:
(1)
This section applies if an appellant—
(a)
is appealing his or her conviction or sentence, or both, to the District Court presided over by a District Court Judge; and
(b)
is—
(i)
in custody; or
(ii)
in a home detention residence subject to a sentence of home detention.
8 Section 54 amended (Granting of bail to appellant in custody or on home detention pending appeal to High Court)
Replace section 54(1) with:
(1)
This section applies if an appellant—
(a)
is appealing his or her conviction or sentence, or both, to the High Court; and
(b)
is—
(i)
in custody; or
(ii)
in a home detention residence subject to a sentence of home detention.
9 Section 55 amended (Granting of bail to appellant in custody or on home detention pending appeal to Court of Appeal or Supreme Court)
Replace section 55(1) with:
(1)
This section applies if an appellant—
(a)
is appealing his or her conviction or sentence, or both, to the Court of Appeal or the Supreme Court; and
(b)
is—
(i)
in custody; or
(ii)
in a home detention residence subject to a sentence of home detention.
· · · · ·
Part 4 Children, Young Persons, and Their Families Act 1989
14 Principal Act
This Part amends the Children, Young Persons, and Their Families Act 1989 (the principal Act).
15 Section 113B amended (Effect of special guardianship order)
In section 113B(2)(a) (as inserted by section 22 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014), replace “section 121(2)(c) or (d)”
with “section 121(2)(d) or (e)”
.
16 Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)
In section 140(3) (as inserted by section 27(4) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014), delete “convened for the purpose”
.
17 Section 145 amended (Agreement not to be made without approval of family group conference)
(1)
In the heading to section 145, after “made”
, insert “, extended, or terminated”
.
(2)
Replace section 145(2) (as amended by section 29(2) and (3) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014) and (3) with:
(2)
A care and protection co-ordinator must convene or reconvene a family group conference if it is proposed that—
(a)
an agreement be entered into under section 140(1), 141(2), or 142(2); or
(b)
an agreement entered into under section 140(1)(d), 141(2), or 142(2) be extended; or
(c)
an agreement entered into under section 140(1)(d), 141(2), or 142(2) be terminated other than in the manner specified in the agreement in accordance with section 146(1)(c).
(3)
If a family group conference has been convened or reconvened other than under subsection (2) in relation to a child or young person, the conference may consider a proposal referred to in subsection (2) concerning the child or young person as if the conference had been convened or reconvened under that subsection.
(4)
To the extent that they are relevant, sections 20 to 36, with all necessary modifications, apply to the convening or reconvening of a family group conference under subsection (2).
Part 5 Commodity Levies Act 1990
18 Principal Act
This Part amends the Commodity Levies Act 1990 (the principal Act).
19 New section 2A inserted (Transitional, savings, and related provisions)
After section 2, insert:
2A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
20 Section 13 replaced (Levy orders to expire after 6 years)
Replace section 13 with:
13 Levy orders in force no more than 6 years unless extended
(1)
A levy order is in force for a period of 6 years and, unless extended under subsection (2) or sooner revoked, is revoked at the end of that 6-year period.
(2)
The Governor-General may extend the period for which a levy order is in force by a specified period of not more than 5 years by Order in Council made—
(a)
on the recommendation of a Minister, given after complying with the requirements of section 5 (except section 5(1)(b)); and
(b)
at least 12 months before the levy order would otherwise be revoked.
(3)
The Governor-General may make multiple Orders in Council under subsection (2) in respect of the same levy order.
(4)
Section 12 applies to a levy order that is extended under subsection (2) as if the extension is the making of the order.
21 New Schedule 1AA inserted
After section 26, insert the Schedule 1AA set out in Schedule 1 of this Act.
Part 6 Community Trusts Act 1999
22 Principal Act
This Part amends the Community Trusts Act 1999 (the principal Act).
23 Section 11 amended (Regional identity of community trusts)
In section 11(2), replace “sections 17”
with “sections 16A, 17,”
.
24 New section 16A inserted (Adjustment to areas or regions of adjoining community trusts)
Before section 17, insert:
16A Adjustment to areas or regions of adjoining community trusts
(1)
The trustees of 2 or more adjoining community trusts may, in accordance with a resolution passed by not less than 75% of the trustees of each trust, submit to the Minister a scheme to adjust the areas or regions of the community trusts by adjusting the adjoining boundaries of those community trusts.
(2)
A scheme submitted under subsection (1) must—
(a)
state the names of the community trusts:
(b)
state the names of the trustees of the community trusts:
(c)
state the proposed adjustment to the areas or regions of the community trusts:
(d)
have annexed to it the trust deeds establishing the community trusts:
(e)
have annexed to it the proposed changes to the trust deeds establishing the community trusts:
(f)
have annexed to it any proposed transfer of property, rights, assets, or liabilities between the community trusts to reflect the proposed adjustment to the areas or regions:
(g)
contain a summary of any submissions made under subsection (4):
(h)
contain such other matters as may be appropriate:
(i)
be dated.
(3)
The trustees of the community trusts must supply to the Minister any additional information relating to the scheme required by the Minister.
(4)
Before submitting a scheme to the Minister under subsection (1), the trustees of each community trust must—
(a)
give notice in the Gazette and in 1 or more principal newspapers circulating in the area or region of the trust—
(i)
stating that the trustees of the trust intend to submit the scheme to the Minister; and
(ii)
specifying details of the scheme; and
(iii)
stating that any person residing in the area or region of the trust may, within 28 days after the last publication of the notice, make written submissions to the trustees regarding the scheme; and
(b)
have regard to any submissions made within that period.
(5)
The Governor-General may, on the advice of the Minister, by Order in Council, approve a scheme to adjust the adjoining boundaries of the trusts so that the areas or regions of 2 or more adjoining community trusts are adjusted to areas or regions described in the order.
(6)
On a date specified in the order,—
(a)
the areas or regions of the community trusts are adjusted to the areas or regions described in the proposed changes to the trust deeds submitted to the Minister under subsection (2)(e); and
(b)
property, rights, assets, or liabilities proposed to be transferred under the scheme vest in the trustees of the community trusts in any manner proposed in subsection (2)(f), and are held by them on and subject to the trusts contained in the trust deeds.
Part 6A Companies Act 1993
24A Principal Act
This Part amends the Companies Act 1993 (the principal Act).
24B Section 209 amended (Obligation to make annual report available to shareholders)
(1)
Replace section 209(1) with:
(1)
The board of a company must, not less than 20 working days before the date fixed for holding the annual meeting of shareholders,—
(a)
send to every shareholder of the company, free of charge, a printed copy of the annual report; or
(b)
make available to every shareholder of the company, free of charge, a copy of the annual report.
(2)
Replace section 209(3) with:
(3)
The board of a company must, on at least 1 occasion, directly notify each shareholder in writing that—
(a)
the shareholder may elect to receive, free of charge, in each financial year—
(i)
a printed copy of the annual report for the financial year, or a printed copy of the concise annual report for the financial year (if the board of the company has prepared that report for the financial year); or
(ii)
an electronic copy of either the annual report or the concise annual report (if one has been prepared) for the financial year; and
(b)
if the shareholder makes no election in response to the notice, the shareholder—
(i)
will not receive a printed or electronic copy of the annual report or the concise annual report (if one has been prepared); and
(ii)
may access a copy of the annual report and the concise annual report (if one has been prepared), free of charge, by electronic means specified in the notice, in accordance with section 209B.
(3A)
The notice referred to in subsection (3) may be accompanied by any additional information or documentation that the board of the company thinks fit.
(3)
Replace section 209(4) with:
(4)
An election made under subsection (3) is a standing election for each later financial year until the shareholder changes the election.
24C Sections 209A and 209B replaced
Replace sections 209A and 209B with:
209A Board must send copy of annual report or concise annual report on request
(1)
If a shareholder makes a request to the company to receive a printed copy of the annual report, the board of the company must, as soon as practicable, send to the shareholder, free of charge, a printed copy of the report.
(2)
If a shareholder makes a request under subsection (1),—
(a)
the request must be treated as an election by the shareholder under section 209(3)(a)(i) to send to the shareholder each year a printed copy of the annual report; and
(b)
the board of the company must send to the shareholder each year a printed copy of the annual report, as if the shareholder had made an election under section 209(3)(a)(i) to receive the report, until the shareholder revokes the request by notice to the company.
(3)
Subsection (2) does not require a company to send a printed copy of an annual report on the affairs of the company during a particular accounting period if the board of the company is not required to comply with section 208 in respect of that period.
(4)
Subsection (5) applies if—
(a)
the board of a company has prepared a concise annual report; and
(b)
a shareholder makes a request to the company to receive a printed copy of the concise annual report.
(5)
The board of the company—
(a)
must send to the shareholder a printed copy of the concise annual report, free of charge, as soon as practicable after receiving the request; but
(b)
need not treat the request as an election by the shareholder to send to the shareholder each year a printed copy of the annual report or the concise annual report under section 209(3)(a)(i).
(6)
If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2).
209B Annual report and concise annual report made available by electronic means
(1)
The board of a company must ensure that—
(a)
a copy of the annual report and of the concise annual report (if one has been prepared) is available by electronic means (for example, from a specified website address) at all reasonable times during the period beginning not less than 20 working days before the date fixed for holding the annual meeting of shareholders and ending on the date the board acts under section 209(1) in relation to the next accounting period; and
(b)
the electronic means allows a copy of the report, or reports, to be readily accessible so as to be usable for subsequent reference.
(2)
If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2).
24D Section 212 amended (Shareholders may elect not to receive documents)
Repeal section 212(2) and (3).
24E Section 374 amended (Penalties that may be imposed on directors in cases of failure by board or company to comply with Act)
(1)
In section 374(2)(22), replace “section 209A(5)”
with “section 209A(6)”
.
(2)
In section 374(2)(22A), replace “section 209B(3)”
with “section 209B(2)”
.
Part 7 Conservation Act 1987
25 Principal Act
This Part amends the Conservation Act 1987 (the principal Act).
26 Section 38 amended (Hunting, etc)
In section 38(4)(e) and (g), after “net,”
, insert “trap,”
.
Part 8 Corrections Act 2004
27 Principal Act
This Part amends the Corrections Act 2004 (the principal Act).
28 Section 3 amended (Interpretation)
(1)
In section 3(1), definition of authorised property, replace “may be issued to a prisoner”
with “prisoners may be issued with or allowed to keep”
.
(2)
In section 3(1), definition of person under control or supervision, repeal paragraph (d).
29 Section 8 amended (Powers and functions of chief executive)
In section 8(1)(c), delete “serving a sentence of imprisonment on home detention, or”
.
30 Cross-heading above section 24 amended
In the cross-heading above section 24, replace “parole, or sentences of imprisonment served on home detention”
with “or parole”
.
31 Section 25 amended (Functions of probation officers)
In section 25(1)(a), delete “or while serving a sentence of imprisonment on home detention,”
.
32 Section 34 amended (Detention of prisoners)
In section 34(1), delete “(other than a person who is serving a sentence of imprisonment on home detention)”
.
33 Section 47 amended (Security classifications)
Repeal section 47(2).
34 Section 103 amended (Detention pending investigation by Police)
Replace section 103(2) with:
(2)
An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled in the circumstances to exercise any statutory search power.
35 Section 156 amended (Investigation of complaints by inspector of corrections)
Repeal section 156(2)(b)(ii)(A).
36 Section 182A amended (Information sharing about child sex offenders)
In section 182A(3)(a), delete “detention conditions (if the offender is serving a sentence of imprisonment on home detention),”
.
37 Section 182B amended (Definition of child sex offender)
(1)
In section 182B(1), after “means a person”
, delete “who”
.
(2)
In section 182B(1)(a), before “has”
, insert “who”
.
(3)
In section 182B(1)(c), delete “detention conditions (if the offender is serving a sentence of imprisonment on home detention),”
.
Part 9 Crown Entities Act 2004
38 Principal Act
This Part amends the Crown Entities Act 2004 (the principal Act).
39 Section 107 amended (Directions to support whole of government approach)
In section 107(2A), replace “subsection (2)(a)”
with “subsection (2)(a) and (c)”
.
40 Section 110 replaced (Obligation to give effect to direction)
Replace section 110 with:
110 Obligation to give effect to direction
(1)
Every Crown entity within the category or type or group of Crown entities to which a direction is given under section 107 must give effect to the direction on—
(a)
the date on which the direction comes into force under section 109; or
(b)
any later date specified in the direction in relation to that Crown entity or to the category or type or group of Crown entities to which the Crown entity belongs.
(2)
If a Crown entity is established on or after the date on which a direction is given under section 107 (a new Crown entity) and the direction was given to a category or type of Crown entities to which the new Crown entity belongs, the new Crown entity must give effect to the direction on—
(a)
the date on which the new Crown entity is established; or
(b)
any later date on which a Crown entity within that category or type of Crown entity must give effect to the direction in accordance with subsection (1).
41 Section 139B amended (Minister may grant extension of time for, or waive, requirement to provide statement of intent)
In section 139B(4)(c), replace “exemption”
with “extension”
.
42 Section 149L amended (Obligation to publish and present statement of performance expectations)
In section 149L(3), delete “entity’s responsible”
.
Part 9A Employment Relations Act 2000
42A Principal Act
This Part amends the Employment Relations Act 2000 (the principal Act).
42B Section 103 amended (Personal grievance)
In section 103(1)(i), replace “67G(4)”
with “67G(3)”
.
Part 10 Fisheries Act 1996
43 Principal Act
This Part amends the Fisheries Act 1996 (the principal Act).
44 New section 6A inserted (Transitional, savings, and related provisions)
After section 6, insert:
6A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
45 Section 186A amended (Temporary closure of fishing area or restriction on fishing methods)
Replace section 186A(5)(a) with:
(a)
may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:
46 Section 186B amended (Temporary closure of fisheries)
Replace section 186B(4)(a) with:
(a)
may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:
47 Section 197 amended (Appointment of honorary fishery officers)
In section 197(3)(a), replace “not exceeding $1,000 in any one year”
with “at a rate determined by the chief executive”
.
48 New Schedule 1AA inserted
After section 370, insert the Schedule 1AA set out in Schedule 2 of this Act.
Part 11 Government Roading Powers Act 1989
49 Principal Act
This Part amends the Government Roading Powers Act 1989 (the principal Act).
50 Section 48 amended (Powers of Minister over roads under Minister’s control)
In section 48(2), replace “paragraphs (13) to (20) and (38) to (41A) of section 684(1) of the Local Government Act 1974”
with “section 22AB(1) of the Land Transport Act 1998”
.
51 Section 61 amended (Powers and duties of Agency in relation to State highways)
In section 61(3), replace “paragraphs (13) to (20), and (38) to (41A) of section 684(1) of the Local Government Act 1974”
with “section 22AB(1) of the Land Transport Act 1998”
.
Part 12 Harassment Act 1997
52 Principal Act
This Part amends the Harassment Act 1997 (the principal Act).
53 Section 42 amended (Rules of court)
(1)
In section 42(2)(h), replace “District Courts Rules 2009”
with “District Courts Rules 2014”
.
(2)
In section 42(3), replace “District Courts Rules 2009”
with “District Courts Rules 2014”
.
Part 13 Health Practitioners Competence Assurance Act 2003
54 Principal Act
This Part amends the Health Practitioners Competence Assurance Act 2003 (the principal Act).
55 Section 54 amended (Application for, and conferral of, protection on quality assurance activity)
Replace section 54(4) with:
(4)
Every notice issued under subsection (3), unless sooner revoked, remains in force for a period of 5 years and is revoked at the end of that 5-year period.
(4A)
Subsection (4) does not prevent the Minister from issuing another notice in respect of the same quality assurance activity.
Part 14 Land Transport Act 1998
56 Principal Act
This Part amends the Land Transport Act 1998 (the principal Act).
57 Section 30ZH amended (Duties regarding logbooks)
In section 30ZH(1)(a) and (b), replace “36 months”
with “12 months”
.
58 Section 98 amended (Release of vehicle after 28 days)
(1)
In section 98(1), replace “the person in respect of the vehicle, or a person authorised for the purpose by the person”
with “the owner of the vehicle, or a person authorised for the purpose by the owner”
.
(2)
In section 98(1)(a)(i), replace “the person in respect of the vehicle”
with “the owner of the vehicle”
.
59 Section 119 amended (Powers of entry)
(1)
In section 119(3)(a)(iii), replace “a crime”
with “an imprisonable offence (within the meaning of section 5 of the Criminal Procedure Act 2011)”
.
(2)
In section 119(5), replace “Judge”
with “issuing officer”
.
60 Section 165 amended (Incorporation by reference)
In section 165(1)(d), after “Agency”
, insert “(as the case may be)”
.
Part 15 Land Transport Management Act 2003
61 Principal Act
This Part amends the Land Transport Management Act 2003 (the principal Act).
62 Section 52 amended (Who is liable to pay toll)
Replace section 52(3A)(a) with:
(a)
sending it, or a copy of it, by post addressed to the registered person at that person’s last known place of residence or business or postal address; or
Part 16 Members of Parliament (Remuneration and Services) Act 2013
63 Principal Act
This Part amends the Members of Parliament (Remuneration and Services) Act 2013 (the principal Act).
64 Section 23 amended (Services and funding subject to Speaker’s directions)
Replace section 23(1)(a) with:
(a)
the entitlements of members of Parliament and qualifying electoral candidates to travel services, including the extent (if at all) to which travel services may continue to be provided after a member of Parliament vacates his or her seat for the purpose of enabling the member to attend to matters associated with leaving Parliament; and
Part 17 Misuse of Drugs Act 1975
65 Principal Act
This Part amends the Misuse of Drugs Act 1975 (the principal Act).
66 Section 23 amended (Powers of Minister to prohibit prescribing, etc)
In section 23(2)(ca), replace “the Nursing Council of New Zealand”
with “the Midwifery Council”
.
Part 18 New Zealand Superannuation and Retirement Income Act 2001
67 Principal Act
This Part amends the New Zealand Superannuation and Retirement Income Act 2001 (the principal Act).
68 Schedule 4 amended
In Schedule 4, Parts 1 and 2, delete “Progressive Coalition Party”
.
Part 19 Oaths and Declarations Act 1957
69 Principal Act
This Part amends the Oaths and Declarations Act 1957 (the principal Act).
70 Section 22 amended (By whom oath of allegiance and judicial oath to be taken)
Replace section 22(2)(a) with:
(a)
in the case of the Chief Justice, a Judge of the High Court, or a Master of the High Court, by a Judge of the High Court:
71 Schedule 2 amended
In Schedule 2, replace the item relating to Judges of the Arbitration Court with:
Employment Court Judges
Part 20 Parliamentary Service Act 2000
72 Principal Act
This Part amends the Parliamentary Service Act 2000 (the principal Act).
73 Section 14 amended (Functions of Parliamentary Service Commission)
Replace section 14(1)(c) with:
(c)
to recommend to the Speaker persons who are suitable to be members of a review committee.
Part 21 Protection of Personal and Property Rights Act 1988
74 Principal Act
This Part amends the Protection of Personal and Property Rights Act 1988 (the principal Act).
75 Section 94A amended (Creation of enduring power of attorney)
(1)
Replace section 94A(4A) with:
(4A)
If 2 people appoint each other as attorney, the witness to the signature of one person as donor (witness A) does not fail to be independent for the purposes of subsection (4) by reason only that the witness to the signature of the other person as donor—
(a)
is a lawyer or legal executive in the same firm, or an officer or employee of the same trustee corporation, as witness A; or
(b)
is the same person as witness A, if, having regard to the matters listed in subsection (7)(a) to (b), the witness is satisfied that witnessing both signatures does not constitute more than a negligible risk of a conflict of interest.
(2)
After section 94A(6), insert:
(6A)
If regulations made under section 112(bab) prescribe a form of standard explanation for any of the matters required to be explained to a donor under subsection (6), the witness to the donor’s signature may give the explanation by—
(a)
giving a copy of the form to the donor; and
(b)
following any instructions in the form for giving a verbal explanation to the donor; and
(c)
if the form and the instructions do not cover all of the matters in subsection (6), using other appropriate means to fulfil all of the requirements of that subsection.
(3)
In section 94A(7), after “prescribed form”
, insert “for the certificate referred to in subsection (2)(b)”
.
(4)
After section 94A(7)(a), insert:
(ab)
in the case of an enduring power of attorney signed by the donor after the commencement of this paragraph, the witness believes on reasonable grounds that the donor—
(i)
understands the nature of the instrument; and
(ii)
understands the potential risks and consequences of the instrument; and
(iii)
is not acting under undue pressure or duress; and
(5)
In section 94A(7)(c), after “applies”
, insert “or, if subsection (4A)(b) applies, the witness is satisfied that no more than a negligible risk of a conflict of interest arises”
.
76 New section 95A inserted (Notice revoking earlier enduring power of attorney)
After section 95, insert:
95A Notice revoking earlier enduring power of attorney
(1)
If an enduring power of attorney states that it revokes an earlier enduring power of attorney and both powers of attorney are of the same kind, they both continue to have effect until the earlier power of attorney is revoked by notice given in the manner set out in subsection (2) or ceases to have effect by any of the other ways listed in section 106(1).
(2)
Notice revoking an earlier power of attorney is given when a copy of the later power of attorney is given to the attorney or attorneys appointed under the earlier power of attorney and, to avoid doubt, the notice may be given by a person other than the donor, for example, the donor’s lawyer or one of the attorneys appointed under the later power of attorney, including in the event that the donor becomes mentally incapable.
(3)
This section applies to any enduring power of attorney, whether executed before or after this section comes into force.
(4)
For the purposes of this section, of the same kind, in relation to 2 enduring powers of attorney, means—
(a)
that both powers of attorney relate to—
(i)
the donor’s property; or
(ii)
the donor’s personal care and welfare; or
(b)
if the earlier power of attorney relates to the donor’s property or the donor’s personal care and welfare, or both, the later power of attorney relates to both the donor’s property and the donor’s personal care and welfare.
77 Section 99A amended (Attorney’s duty to consult)
(1)
In section 99A(1)(b), after “that matter”
, insert “; and”
.
(2)
After section 99A(1)(b), insert:
(c)
any other attorney appointed by the donor under the enduring power of attorney (other than a successive attorney whose appointment has not taken effect); and
(d)
any other attorney appointed by the donor under another enduring power of attorney (other than a successive attorney whose appointment has not taken effect).
(3)
After section 99A(7), insert:
(8)
To avoid doubt, if the same attorney must be consulted under subsection (1)(c) or (d) and subsection (7), the requirements of both subsections must be met in relation to that attorney.
78 Section 99D amended (Medical certification of incapacity)
Replace section 99D(1) with:
(1)
A certificate of the donor’s mental incapacity under this Part must—
(a)
contain the prescribed information; or
(b)
if the certificate is issued outside New Zealand, be in a form acceptable to the competent authority of the State concerned.
79 Section 106 amended (Circumstances in which enduring power of attorney shall cease to have effect)
(1)
In the heading to section 106, replace “shall cease”
with “ceases”
.
(2)
After section 106(1)(a), insert:
(ab)
it is revoked by notice given in the manner set out in section 95A to the attorney or attorneys; or
(3)
After section 106(1)(b), insert:
(ba)
the donor, by notice in writing to the attorney, revokes the appointment of the attorney while mentally capable of doing so; or
(bb)
in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, the donor, by notice in writing to one of the attorneys, revokes the appointment of that attorney while mentally capable of doing so; or
(4)
In section 106(1)(d) and (e), replace “becomes a special or committed patient under the Mental Health Act 1969”
with “becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992”
.
(5)
After section 106(1)(e), insert:
(ea)
in the case of an enduring power of attorney that appoints more than 1 attorney with several authority or with joint and several authority, the last remaining attorney—
(i)
has his or her appointment revoked by the donor under section 106A(1); or
(ii)
dies, is adjudged bankrupt, becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, is subject to a personal order or a property order, or otherwise becomes incapable of acting; or
(6)
In section 106(2), replace “the provisions of paragraphs (c) to (f) of subsection (1) shall apply”
with “subsection (1)(ba) to (f) applies”
.
80 New section 106A inserted (Revocation of appointment of attorneys with several authority)
After section 106, insert:
106A Revocation of appointment of attorneys with several authority
(1)
If an enduring power of attorney appoints more than 1 attorney with several authority or with joint and several authority, the donor may, by notice in writing to 1 or more of the attorneys, revoke the appointment of that attorney or those attorneys while mentally capable of doing so.
(2)
To avoid doubt, if a donor revokes the appointment of 1 or more attorneys under subsection (1), the enduring power of attorney remains in effect if there is at least 1 remaining attorney.
81 Section 112 amended (Regulations)
(1)
After section 112(ba), insert:
(bab)
prescribing a form of standard explanation for the purpose of explaining the effects and implications of an enduring power of attorney to a donor (which may include requirements for the content of the explanation and the manner in which it is to be given) under section 94A(6) and (6A):
(2)
Replace section 112(bc) with:
(bc)
prescribing information required for certificates for the purposes of any medical examination or assessment under Part 9:
Part 22 Public Finance Act 1989
82 Principal Act
This Part amends the Public Finance Act 1989 (the principal Act).
83 Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
After section 45M(1), insert:
(1A)
If section 150 of the Crown Entities Act 2004 does not apply to a Schedule 4 organisation under subsection (1)(d), the organisation and the responsible Minister for that organisation must, in relation to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b), comply with the provision, presentation, and publication obligations set out in section 150(1)(b) and (3) to (6) of the Crown Entities Act 2004—
(a)
as if, in those provisions,—
(i)
every reference to a Crown entity were a reference to a Schedule 4 organisation; and
(ii)
every reference to the annual report were a reference to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b); and
(b)
with all other necessary modifications.
Part 23 Sale and Supply of Alcohol Act 2012
84 Principal Act
This Part amends the Sale and Supply of Alcohol Act 2012 (the principal Act).
85 Section 22 amended (Special licences)
(1)
In section 22(2), replace “sell or supply”
with “sell and supply”
.
(2)
In section 22(3), replace “sell or supply”
with “sell and supply”
.
86 Section 102 amended (Objections to applications)
In section 102(1), replace “for it”
with “for the licence”
.
87 Section 103 amended (Police, Medical Officer of Health, and inspector must inquire into applications)
In section 103(4), replace “sending the copy of the application to them”
with “the Police or Medical Officer of Health received the copy of the application”
.
88 Section 141 amended (Inquiry into applications by Police, inspector, and Medical Officer of Health)
In section 141(5), replace “sending the copy of the application to them”
with “the Police or Medical Officer of Health received the copy of the application”
.
89 Section 360 amended (Existing community trust continues in existence)
In section 360, replace “The trust”
with “Each of the trusts”
.
90 New section 415A inserted (Application of amendments to section 360 and Schedule 1)
After section 415, insert:
415A Application of amendments to section 360 and Schedule 1
This Act must be read as if the amendments to section 360 and Schedule 1 made by Part 23 of the Statutes Amendment Act 2015 had come into force on 18 December 2013.
91 Schedule 1 amended
(1)
In Schedule 1, Part 2, delete “Parakai Licensing Trust”
.
(2)
In Schedule 1, Part 3, insert in its appropriate alphabetical order “Parakai Community Trust”
.
Part 24 Sentencing Act 2002
92 Principal Act
This Part amends the Sentencing Act 2002 (the principal Act).
93 Section 30 amended (No sentence of imprisonment to be imposed without opportunity for legal representation)
(1)
In section 30(2)(a), replace “Legal Services Act 2000”
with “Legal Services Act 2011”
.
(2)
In section 30(4)(a), replace “Legal Services Act 2000”
with “Legal Services Act 2011”
.
94 Section 69I amended (Variation or cancellation of sentence of community detention)
In section 69I(3A), delete “for variation of conditions”
.
95 Section 80F amended (Application for variation or cancellation of sentence of home detention)
In section 80F(4A), delete “for variation of conditions”
.
96 Section 80FA amended (Chief executive of Department of Corrections may vary offender’s home detention address)
(1)
In the heading to section 80FA, replace “address”
with “residence”
.
(2)
In section 80FA, replace “address”
with “residence”
in each place.
97 Section 80N amended (Imposition of post-detention conditions on offender)
In section 80N(2)(a), replace “otherwise”
with “a different period”
.
98 Section 80ZGD amended (Effect of appeal on resumption of sentence of home detention)
In section 80ZGD(3)(a), replace “address”
with “residence”
.
99 Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)
In section 93(2)(a), replace “otherwise”
with “a different date”
.
100 Section 123C amended (Provisions applying to protection order made under section 123B)
In section 123C(1)(a), replace “32(1) and (4), and 33”
with “51D, and 51L”
.
101 Section 123D amended (Explanation of protection order)
In section 123D(1)(a)(ii), replace “section 32”
with “section 51D”
.
102 Section 123G amended (Protection order treated as if made by Family Court)
Replace section 123G(b) with:
(b)
sections 22(2)(b) and (6), 23, 45(2), 46(1), 47(1), 48, 49, 50, 51C, 51G, 51H, 51L to 51T, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.
Part 25 State Sector Act 1988
103 Principal Act
This Part amends the State Sector Act 1988 (the principal Act).
104 Section 2 amended (Interpretation)
(1)
In section 2, definition of State services, paragraph (aba), before “organisations”
, insert “includes”
.
(2)
In section 2, definition of State services, repeal paragraph (ac).
105 Section 43 amended (Review of performance of chief executive)
In section 43(2), replace “its”
with “the”
.
· · · · ·
Part 27 Vulnerable Children Act 2014
109 Principal Act
This Part amends the Vulnerable Children Act 2014 (the principal Act).
110 Section 36 amended (Application for exemption)
Replace section 36(1)(c) with:
(c)
whether the person is subject to any conditions imposed under—
(i)
the Parole Act 2002; or
(ii)
the Sentencing Act 2002; or
(iii)
the Criminal Justice Act 1985:
111 Schedule 2 amended
In Schedule 2, clause 1, replace paragraph (31) with:
(31)
section 194(a) (assault on child):
Part 28 Wildlife Act 1953
112 Principal Act
This Part amends the Wildlife Act 1953 (the principal Act).
113 Section 7A amended (Noxious animals)
(1)
Replace the heading to section 7A with “Wild animals”
.
(2)
In section 7A(1), replace—
(a)
“Wild animals”
with “Animals”
:
(b)
“noxious animals”
with “wild animals”
:
(c)
“Noxious Animals Act 1956”
with “Wild Animal Control Act 1977”
.
114 Schedule 6 heading replaced
Replace the Schedule 6 heading with:
Schedule 6 Animals declared to be wild animals subject to the Wild Animal Control Act 1977
s 7A
Schedule 1 New Schedule 1AA inserted
s 21
Schedule 1AA Transitional, savings, and related provisions
s 2A
Part 1 Provision relating to Part 5 of Statutes Amendment Act 2015
Part 5 of Statutes Amendment Act 2015 has no effect in relation to levy orders made before its commencement
This Act continues to apply, as if Part 5 of the Statutes Amendment Act 2015 were not in force, to a levy order made before the commencement of that Act.
Schedule 2 New Schedule 1AA inserted
s 48
Schedule 1AA Transitional, savings, and related provisions
s 6A
Part 1 Provision relating to Part 10 of Statutes Amendment Act 2015
Part 10 of Statutes Amendment Act 2015 has no effect in relation to notices made under section 186A or 186B before its commencement
This Act continues to apply, as if Part 10 of the Statutes Amendment Act 2015 were not in force, to a notice made under section 186A or 186B before the commencement of that Act.
Legislative history
14 October 2015 |
Introduction (Bill 71–1) |
|
9 December 2015 |
First reading and referral to Government Administration Committee |
|
21 June 2016 |
Reported from Government Administration Committee (Bill 71–2) |
|
13 September 2016 |
Second reading |
|
2 November 2016 |
Committee of the whole House (Bill 71–3) |
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