Dataset Viewer
id
stringlengths 7
17
| year
stringdate 2000-01-01 00:00:00
2025-01-01 00:00:00
| title
stringlengths 13
143
| text
stringlengths 220
5.77M
|
|---|---|---|---|
DLM52557 | 2000 | Hauraki Gulf Marine Park Act 2000 | 1: Title
This Act is the Hauraki Gulf Marine Park Act 2000.
2: Commencement
This Act comes into force on the date on which this Act receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
b: establish the Hauraki Gulf Marine Park:
c: establish objectives for the management of the Hauraki Gulf, its islands, and catchments:
d: recognise the historic, traditional, cultural, and spiritual relationship of the tangata whenua with the Hauraki Gulf and its islands:
e: establish the Hauraki Gulf Forum.
4: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2 catchment coastal area
a: land providing access to coastal water; or
b: land containing an uninterrupted ecological sequence of habitats and vegetation; or
c: land with historic features related to the coast coastal marine area
a: of which the seaward boundary is the outer limit of the territorial sea:
b: of which the landward boundary is the line of mean high water springs, except that, where that line crosses a river, the landward boundary at that point is the lesser of—
i: 1 kilometre upstream from the mouth of the river; or
ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal water conservation area
a: land or foreshore for the time being held under the Conservation Act 1987
b: land in respect of which an interest is held under the Conservation Act 1987 Conservation Board section 6L constituent party section 16(2) Deed of Recognition section 44 economic activity environment
a: ecosystems and their constituent parts, including people and communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters foreshore Hauraki Gulf Gulf
a: means the coastal marine area on the east coast of—
i: the Auckland Region, as constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette
ii: the Waikato Region, as constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette
b: includes estuaries and the tidal parts of rivers and creeks on the east coast of the Auckland Region and the east coast of the Waikato Region Hauraki Gulf Forum Forum section 16 Hauraki Gulf Marine Park Park section 33 local authority Local Government Act 2002 Maori land Maori customary land Te Ture Whenua Maori Act 1993 marine mammal sanctuary Marine Mammals Protection Act 1978 marine reserve Marine Reserves Act 1971 mataitai reserve Gazette Fisheries Act 1996 Minister regional council Local Government Act 2002 regional park Local Government Act 1974 reserve Reserves Act 1977 taiapure-local fishery Part 9 territorial authority Local Government Act 2002 wildlife refuge Wildlife Act 1953 wildlife sanctuary Wildlife Act 1953 Section 4 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002
5: Act to bind the Crown
This Act binds the Crown.
6: Treaty of Waitangi (Te Tiriti o Waitangi)
1: Subject to subsections (2) and (4), the provisions of Part 3 Treaty of Waitangi (Te Tiriti o Waitangi)
2: Subsection (1) does not apply in respect of any area of the Park that is foreshore, seabed, private land, taiapure-local fishery, or mataitai.
3: When carrying out its functions under Part 2 Treaty of Waitangi (Te Tiriti o Waitangi)
4: Nothing in Part 1 Part 3 Part 4 Treaty of Waitangi (Te Tiriti o Waitangi) Schedule 1
1: Management of Hauraki Gulf
7: Recognition of national significance of Hauraki Gulf
1: The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.
2: The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—
a: to provide for—
i: the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and
ii: the social, economic, recreational, and cultural well-being of people and communities:
b: to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:
c: to maintain the soil, air, water, and ecosystems of the Gulf.
8: Management of Hauraki Gulf
To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—
a: the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:
b: the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
c: the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:
d: the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:
e: the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:
f: the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.
9: Relationship of Act with Resource Management Act 1991
1: For the purposes of this section and section 10 district plan plan proposed plan regional plan regional policy statement resource consent New Zealand coastal policy statement Resource Management Act 1991 regional council territorial authority Local Government Act 2002
2: A regional council must ensure that any part of a regional policy statement or a regional plan that applies to the Hauraki Gulf, its islands, and its catchments does not conflict with sections 7 8
3: A territorial authority must ensure that any part of a district plan that applies to the Hauraki Gulf, its islands, and catchments does not conflict with sections 7 8
4: A consent authority must, when considering an application for a resource consent for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 8 Resource Management Act 1991
5: The provisions of section 55 sections 7 8 Section 9 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
10: Creation of New Zealand coastal policy statement by this Act
1: For the coastal environment of the Hauraki Gulf, sections 7 8 Resource Management Act 1991
2: For the coastal environment of the Hauraki Gulf, if there is a conflict between sections 7 8 Resource Management Act 1991
3: The provisions of section 55 Section 10 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
11: Statements of general policy under Conservation Act 1987 and Acts in Schedule 1 of that Act
1: For the purposes of each of the following Acts for the Hauraki Gulf, sections 7 8
a: Wildlife Act 1953, section 14C
b: Marine Reserves Act 1971, section 6
c: Reserves Act 1977, section 15A
d: Wild Animal Control Act 1977, section 5
e: Marine Mammals Protection Act 1978, section 3B
f: National Parks Act 1980, section 44
g: Conservation Act 1987, section 17B
h:
2: Where a statement of general policy is created by this section and the Act to which that statement of general policy applies contains a provision stating that the general policy must not derogate from the provisions of that Act, the requirement in subsection (1) may be implemented for the Hauraki Gulf only to the extent that implementation does not derogate from the provisions of that Act.
3: Where a conservation management strategy or a conservation management plan made under an Act listed in this section derogates from a statement of general policy created by this section, the requirement that the strategy or plan must not derogate from a statement of general policy does not take effect for any statement of general policy made under this section until the date that the strategy or plan is next amended or reviewed. Section 11(1)(h) repealed 30 September 2008 section 82 Walking Access Act 2008
12: Amendment to Fisheries Act 1996
Amendment(s) incorporated in the Act(s)
13: Obligation to have particular regard to sections 7 and 8
Except as provided in sections 9 to 12 Schedule 1 sections 7 8
14: Preservation of existing rights
1: Nothing in this Act limits or affects any title or right to ownership of the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments, whether that title or right to ownership is conferred by Act, common law, or in any other manner.
2: Nothing in this Act limits or affects the ability of any person to bring a claim or to continue any existing claim in any court or tribunal relating to the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments arising out of the application of the Treaty of Waitangi
3: Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2).
2: Hauraki Gulf Forum
15: Purposes of Forum
The Forum has the following purposes:
a: to integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand:
b: to facilitate communication, co-operation, and co-ordination on matters relating to the statutory functions of the constituent parties in relation to the Hauraki Gulf, its islands, and catchments, and the Forum:
c: to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.
16: Establishment of Forum
1: A body called the Hauraki Gulf Forum is established.
2: The Forum consists of the following representatives:
a: 1 representative appointed by the Minister:
b: 1 representative appointed by the Minister of Fisheries:
c: 1 representative appointed by the Minister of Maori Affairs:
ca: 7 representatives appointed by the Auckland Council:
d: 1 representative appointed by each of the following local authorities:
i:
ii:
iii:
iv: Hauraki District Council:
v:
vi: Matamata-Piako District Council:
vii:
viii:
ix: Thames-Coromandel District Council:
x: Waikato District Council:
xi: Waikato Regional Council:
xii:
e: 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.
f:
2A: The representatives appointed in accordance with subsection (2)(ca)
a: be members of—
i: the Auckland Council; or
ii: a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001; and
b: include 1 member of each of the Great Barrier Island and Waiheke Island local boards.
3: The representatives appointed in accordance with subsection (2)(d) or Local Electoral Act 2001
4:
5: If two-thirds or more of the constituent parties agree, a local authority whose powers and functions may have an effect on the Hauraki Gulf, its islands, and catchments, and whose inclusion in the Forum will further the interests of the Forum and of the Hauraki Gulf may join the Forum as a constituent party and appoint a representative to the Forum. Section 16(2)(ca) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(i) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(ii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(iii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(v) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(vii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(viii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(xii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(f) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 16(4) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
17: Functions of Forum
1: To promote sections 7 8
a: to prepare a list of strategic issues, determine a priority for action on each issue, and regularly review that list:
b: to facilitate and encourage co-ordinated financial planning, where possible, by the constituent parties:
c: to obtain, share, and monitor information on the state of the natural and physical resources:
d: to receive reports on the completion and implementation of deeds of recognition:
e: to require and receive reports from constituent parties on the development and implementation of policies and strategies to address the issues identified under paragraph (a):
f: to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans:
g: to prepare and publish, once every 3 years, a report on the state of the environment in the Hauraki Gulf, including information on progress towards integrated management and responses to the issues identified in accordance with paragraph (a):
h: to promote and advocate the integrated management and, where appropriate, the sustainable management of the Hauraki Gulf, its islands, and catchments:
i: to encourage, share, co-ordinate where appropriate, and disseminate educational and promotional material:
j: to liaise with, and receive reports from, persons and groups having an interest in the Hauraki Gulf and business and community interests to promote an interest in the purposes of the Forum:
k: to commission research into matters relating to the functions of the Forum.
2: When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.
18: Powers of Forum
1: The Forum has the powers that are reasonably necessary to carry out its functions.
2: The Forum's powers include the powers—
a: to consider issues related to its purpose; and
b: to receive reports from constituent parties; and
c: to make recommendations to constituent parties; and
d: to advise any person who requests the Forum's advice; and
e: to commission or undertake those activities that are necessary to achieve its purpose.
3: The Forum must not—
a: appear before a court or tribunal other than as a witness if called by a party to proceedings; or
b: take part in a decision-making process under any enactment other than to advise when requested to do so.
19: Costs of administrative and servicing functions of Forum
1: The administrative and servicing functions of the Forum and the costs of those functions must be agreed from time to time by the Forum.
2: Unless the constituent parties agree otherwise, the costs agreed under subsection (1) must be divided equally among the constituent parties and each constituent party must pay 1 share of the costs.
3: Administrative and servicing costs are not payable by constituent parties who are tangata whenua representatives.
20: Costs of other activities
1: The Forum may undertake an activity under section 18(2)(e)
a: a majority of the representatives agrees to undertake the activity; and
b: 1 or more of the constituent parties (other than tangata whenua representatives) agree in advance to pay the costs of the activity.
2: If the costs of an activity are not agreed in advance, the Forum must not proceed with the activity.
3: Section 18(3)
4: This section does not apply to the administrative and servicing functions in section 19
21: Presentation of report
The Forum must present a copy of each report prepared by it under section 17(1)(g)
22: Forum to be joint committee
1: Subject to section 28 clause 30(1)(b)
2: Clauses 20 22 23 24 26 28 29 30(2)
3: The Forum may appoint such subcommittees as it considers appropriate. Section 22 substituted 1 July 2003 section 262 Local Government Act 2002
23: Forum to follow model standing orders
1: Unless three-quarters of the representatives present at a meeting of the Forum agree otherwise, at its meetings the Forum must follow the New Zealand Standard for standing orders (NZS: 9202:1992).
2: If the Forum agrees in accordance with subsection (1) to adopt other standing orders, those standing orders must not contravene the provisions of the Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Section 23(2) amended 1 July 2003 section 262 Local Government Act 2002
24: Term of representatives
1: Each representative appointed by a constituent party (other than tangata whenua representatives) may serve on the Forum for the period of time determined by the constituent party that appointed the representative.
2: A tangata whenua representative may serve on the Forum for the period of time determined by the Minister at the time of the appointment.
25: Appointment of chairperson
The Forum may from time to time appoint one of the representatives to act as chairperson and that chairperson holds office for the period agreed by the Forum at the time of that chairperson's appointment.
26: Powers and obligations of constituent parties
Each constituent party (other than tangata whenua representatives)—
a: may acquire, hold, and dispose of real or personal property for the use of the Forum; and
b: may remunerate its representative or representatives for the cost of that person's participation in the Forum; and
c: must provide to the Forum such information or reports as may be required by the Forum; and
d: must pay administration and servicing costs in accordance with section 19
e: must pay the costs of any activity that the constituent party has agreed to pay; and
f: may carry out any other functions or duties specified in this Act.
27: Powers and obligations of Auckland Council
The Auckland Council must store the Forum's records and make them available when the Forum requires. Section 27 substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
28: Appointment and functions of administering authority
1: The constituent parties may, from time to time by agreement with the appointee, appoint one of their number to be the administering authority for the purposes of this Part for a period of no less than 3 years.
2: If, at the first meeting of the Forum or at the first meeting of the Forum after the term of an appointment of an administering authority has expired, the constituent parties fail to make an appointment, the Minister must appoint one of the constituent parties to be the administering authority.
3: A constituent party appointed as the administering authority may be reappointed.
4: The administering authority must—
a: administer and service the Forum; and
b: ensure as far as practicable that the functions, powers, and duties set out in this Part are carried out.
5: For administrative purposes, the Forum is to be treated as a committee of the administering authority.
29: Payment of tangata whenua
1: The Minister must pay to tangata whenua representatives on the Forum, from any appropriation by Parliament for this purpose,—
a: remuneration by way of allowances, travelling allowances, and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
b: after agreement between the Minister and tangata whenua representatives, made before any costs are incurred, actual and reasonable communication costs and consultation costs incurred in the course of their work as tangata whenua representatives on the Forum.
2: If there is no agreement between the Minister and tangata whenua representatives under subsection (1)(b), the Minister may make such payment to tangata whenua representatives as the Minister considers appropriate in the circumstances.
3: The provisions of the Fees and Travelling Allowances Act 1951
30: Liability of representatives
No representative on the Forum is personally liable for any liability of the Forum, or for any act done or omitted by the Forum, or by a representative in good faith in the exercise of the functions, duties, or powers of the Forum.
31: Annual report
1: The Forum must, on or before 31 August each year, report to the Minister on the exercise of its powers and the carrying out of its functions during the preceding year ending on 30 June.
2: The report must identify the progress made by the Forum towards achieving the purposes of the Forum set out in section 15
3: A copy of the annual report must be presented to the House of Representatives by the Minister.
3: Hauraki Gulf Marine Park
32: Purposes of Hauraki Gulf Marine Park
The purposes of the Hauraki Gulf Marine Park are—
a: to recognise and protect in perpetuity the international and national significance of the land and the natural and historic resources within the Park:
b: to protect in perpetuity and for the benefit, use, and enjoyment of the people and communities of the Gulf and New Zealand, the natural and historic resources of the Park including scenery, ecological systems, or natural features that are so beautiful, unique, or scientifically important to be of national significance, for their intrinsic worth:
c: to recognise and have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands and coastal areas, and the natural and historic resources of the Park:
d: to sustain the life-supporting capacity of the soil, air, water, and ecosystems of the Gulf in the Park.
33: Establishment of Hauraki Gulf Marine Park
1: The Hauraki Gulf Marine Park is established.
2: The Hauraki Gulf Marine Park consists of—
a: all conservation areas, wildlife refuges, wildlife sanctuaries, reserves, marine mammal sanctuaries, and marine reserves held, managed, or administered by the Crown from time to time in accordance with the Conservation Act 1987 Schedule 1
b: any reserve controlled and managed from time to time by an administering body (whether or not that administering body is a local authority) under an appointment to control and manage made in accordance with the Reserves Act 1977
c: all the common marine and coastal area
d: all seawater within the Hauraki Gulf:
e: all land of the Crown in the Hauraki Gulf, within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971:
f: all land included in the Park in accordance with section 34 section 35
g: all mataitai reserves and taiapure-local fisheries included in the Park in accordance with section 36
h: all land—
i: included in the Park to give effect to legislation settling historical claims of iwi and hapū under the Treaty of Waitangi
ii: described in Schedule 5
3: The inclusion of seawater in the Hauraki Gulf Marine Park is to give effect to the purposes of the Park and does not—
a: give the Crown or any other person ownership of seawater; or
b: affect the responsibilities of a regional council in the coastal marine area.
4: Land to which subsection (2)(a) applies and which is used for the purposes of education, defence, police, or prisons is not a part of the Park unless the Minister responsible for that use of the land requests the Minister to include the land in the Park; and the Minister may do so by notice in the Gazette
5: Despite subsection (4), the land described in Part 1
a: must be held, and treated as classified, as an historic reserve under section 18
b: must be treated as included in the Park under subsection (2)(a).
6: If the land or any part of the land described in Part 2
a: must be held, and treated as classified as a recreation reserve under section 17
b: must be treated as included in the Park under subsection (2)(a).
7: Despite any provision of the Defence Act 1990 Part 2 section 17
8: For the purposes of subsection (7), Commissioner section 2 Section 33(2)(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 33(2)(h) inserted 1 August 2014 section 164(2) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
34: Inclusion of other public land in Park
1: If the person specified in subsection (2) consents to the inclusion of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: with the consent of the owner (including the Crown) and the administering body, any reserve within the Hauraki Gulf, its islands, or coastal area, that is owned by or vested in an administering body (whether or not that administering body is a local authority):
b: with the consent of a local authority, any reserve within the Hauraki Gulf, its islands, or coastal area that is owned by that local authority:
c: with the consent of the local authority, any regional park or other open space or building owned by a local authority and managed to protect its natural or historic values, within the Hauraki Gulf, its islands, or coastal area.
35: Inclusion of land in private ownership in Park
1: If the owner of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) consents to the inclusion of that land in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: land subject to a conservation covenant entered into under section 77 section 27
b: land subject to a Nga Whenua Rahui kawenata entered into under section 77A section 27A
c: land subject to a heritage covenant entered into under section 39
d: land subject to an open space covenant entered into under section 22
e: land subject to a declaration under section 76
f: land controlled and managed by a Minister or an administering body for the purposes of the Reserves Act 1977 section 38
g: any land in the Hauraki Gulf, other than land owned by the Crown, whether or not it is subject to a covenant referred to in paragraphs (a) to (d), within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971. Section 35(2)(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
36: Inclusion of certain fisheries in Park
If, in the opinion of the Minister, the inclusion of a taiapure-local fishery or mataitai reserve in the Hauraki Gulf Marine Park is in accordance with the purpose of the Park, that taiapure-local fishery or mataitai reserve may, with the consent of the Minister of Fisheries and the committee of management or the tangata whenua, as the case may be, be included in the Park.
37: Effect of Park
1: Any person holding, controlling, or administering land, foreshore, seabed, marine reserve, a taiapure-local fishery, or a mataitai reserve in the Hauraki Gulf Marine Park must recognise and give effect to the purpose of the Park.
2: Nothing in this Part—
a: affects any land in the Hauraki Gulf, its islands, or coastal area, that is not expressly included in the Park in accordance with this Part:
b: limits the ability of the Minister or an administering body to acquire conservation areas, reserves, wildlife refuges, wildlife sanctuaries, or marine reserves within the Gulf or the Park:
c: changes the ownership or management of areas of land, foreshore, seabed, or the waters of the Gulf:
d: limits the powers and functions of a regional council in the coastal marine area.
3: Despite subsection (1), land included in the Park in accordance with section 33(2)(a), (b), (c), or (e) Conservation Act 1987 Schedule 1 Removal of land, foreshore, seabed, waters, or fisheries from Park
38: Removal of
1: The Governor-General may, by Order in Council, and acting on the recommendation of the Minister, remove any land in section 33(2)(a), (b), (c), and (e)
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must be satisfied that the land no longer serves the purpose of the Park and have regard to the following matters:
a: the existing use of the land:
b: the purposes of the Act under which the land is held:
c: the status or classification of the land.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 38 heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 38(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Removal of
land with protected status
1: Land, marine mammal sanctuaries, and marine reserves in section 33(2)(a), (b), and (c)
a: exchanging a conservation area under section 16A
b: disposing of a conservation area under section 26
c: exchanging a reserve under section 15
d: revoking a reserve under section 24
e: revoking or disposing of a wildlife refuge or a wildlife sanctuary:
f: varying, redefining, or abolishing a marine mammal sanctuary under section 22
g: revoking a marine reserve.
2: Before taking an action under subsection (1), the Minister must, in addition to any requirements of a relevant Act, consider the purpose of the Park and be satisfied that the land or marine reserve no longer serves the purpose of the Park.
3: A local authority or the administering body of a reserve must, before requesting the revocation of a reserve under section 24
4: The notice, Order in Council, or other instrument that carries out the action in subsection (1), must state that the land, marine mammal sanctuary, or marine reserve has been removed from the Park. Section 39 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
40: Removal of other areas from Park
The Minister may, by notice in the Gazette
a: remove any foreshore or seabed or reclamation from the Park; or
b: remove any land of the Crown within a wetland from the Park; or
c: with the consent of the local authority, remove any open space or building owned by a local authority and managed to protect its natural or historic values from the Park.
41: Removal of land in private ownership and certain fisheries from Park
1: The Minister may, by notice in the Gazette
a: any land in private ownership specified in section 35
b: any taiapure-local fishery or mataitai reserve.
2: The Minister may remove the land, taiapure-local fishery, or mataitai reserve from the Park if the Minister considers that the inclusion of that land, taiapure-local fishery, or mataitai reserve in the Park is no longer serving the purpose of the Park.
3: The Minister must remove the land, a taiapure-local fishery, or a mataitai reserve from the Park within 20 working days (as defined in the Conservation Act 1987
41A: Removal of land described in Schedule 5 from Park
1: The Governor-General may, by Order in Council, on the recommendation of the Minister of Conservation,—
a: remove from the Park any land included in the Park by Schedule 5
b: amend Schedule 5
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must—
a: be satisfied that the land no longer serves the purpose of the Park; and
b: have regard to—
i: the existing use of the land; and
ii: the status or classification (if any) of the land.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41A inserted 5 July 2018 section 71 Ngāi Tai ki Tāmaki Claims Settlement Act 2018 Section 41A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Entries in register
The Registrar-General of Land is authorised and directed to make such entry in the register and to do such other things as may be necessary to show the inclusion of land within the Park or the removal of land from the Park.
43: Notation on survey office plans
The Chief Surveyor is authorised and directed to do such things as may be necessary to show on the survey office plans the inclusion of land within the Park or the removal of land from the Park. Deed of Recognition
44: Recognition of tangata whenua statement of relationship
1: The Crown or a local authority may acknowledge any statement of particular historic, traditional, cultural, and spiritual relationship of tangata whenua of the Hauraki Gulf with any land, foreshore, or seabed in the Hauraki Gulf Marine Park by entering into a Deed of Recognition with tangata whenua in respect of that land, foreshore, or seabed.
2: A Deed of Recognition—
a: may not relate to any water:
b: may not relate to any land included in the Park in accordance with section 35
3: A Deed of Recognition—
a: may record the Crown's or local authority's acknowledgement referred to in subsection (1); and
b: must identify the area to which the Deed of Recognition relates; and
c: may acknowledge, where appropriate, any statement of relationship by any others who claim tangata whenua status with the area; and
d: without limiting section 46
4: A Deed of Recognition may be amended or revoked by agreement between the parties.
45: Purpose of Deed of Recognition
Without limiting section 46
46: Effect of Deed of Recognition
Except as provided in section 44(3)(d) section 45
a: does not affect the exercise of any power or the carrying out of any function or duty by any person under any Act, regulation, or bylaw; and
b: must not be taken into account by any person in the exercise of any power or the carrying out of any function or duty under any Act, regulation, or bylaw by that person; and
c: does not permit any person, when considering any matter or making any decision or recommendation under any Act, regulation, or bylaw, to give any greater or lesser weight to a statement of relationship of tangata whenua with any area, as recorded in a Deed of Recognition, than that person would give under that Act, regulation, or bylaw if no Deed of Recognition existed recording that statement; and
d: does not affect the lawful rights or interests of any person; and
e: does not have the effect of granting, creating, or providing evidence of any estate or interest in or any rights of any kind whatever relating to any area referred to in a Deed of Recognition.
47: Other Deeds of Recognition
Where the Crown or local authority has entered into a Deed of Recognition for an area with tangata whenua, that Deed of Recognition does not prevent the Crown or local authority from entering into further Deeds of Recognition for that area with other tangata whenua who may have an historic, traditional, cultural, and spiritual relationship with that area.
48: Notice of Deed of Recognition
When the Crown or local authority enters into a Deed of Recognition, or is a party to a Deed of Recognition that is amended or revoked, the Crown or local authority, as the case may be, must, by notice in the Gazette
4: Miscellaneous
49: Consequential amendments
The enactments specified in Schedule 2
49A: Transitional provisions
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; but
b: not finally determined before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
2: The continuation and completion of an application (including rights of appeal) must be in accordance with the Resource Management Act 1991
3: Subsection (4) applies to an application that, under section 119(4) sections 7 8
4: The Minister must consider the application as if the referral back had not been made.
5: For the purposes of subsection (4), the time period under section 119(1) Hauraki Gulf Marine Park Amendment Act 2001 Section 49A inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
49B: Applications finally determined
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; and
b: finally determined—
i: before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
ii: without complying with section 9(4)
2: A decision (including a decision on an appeal) relating to an application has effect, on and from the date it is made, as if this Act had not been enacted. Section 49B inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
50: Map to indicate boundaries
The catchment area and coastal marine area of the Hauraki Gulf are indicated in general terms only on the map in Schedule 3 section 4 |
DLM53411 | 2000 | Juries Amendment Act 2000 | 1: Title
1: This Act is the Juries Amendment Act 2000.
2: In this Act, the Juries Act 1981 the principal Act
2: Commencement
This Act comes into force on 30 July 2000.
3: Interpretation
1: Section 2 chief executive physical disability
2: Section 2
4: Disqualification
Section 7(b) borstal training corrective training
5: New
section 6 The principal Act is amended by repealing section 6
6: Qualification and liability
Every person who is currently registered as an elector in accordance with the Electoral Act 1993 sections 7 and 8
6: Certain persons not to serve
1: Section 8 paragraph (c) Judges and members of the Arbitration Court Masters of the High Court, Judges of the Employment Court
2: Section 8 paragraph (h)
h: an employee of the Public Service who is employed—
i: in the Ministry of Justice; or
ii: in the Department of Corrections; or
iii: in the head office of the Department for Courts; or
iv: as an officer of the High Court or of a District Court; or
ha: a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 section 36G of that Act
hb: a security officer within the meaning of section 2(1) of the Penal Institutions Act 1954
3: Section 8(j)
7: New
sections 9 to 12A The principal Act is amended by repealing sections 9 to 12
9: Preparation of jury lists
1: Whenever the chief executive considers it expedient he or she may ask the Chief Registrar of Electors to prepare a jury list for one or more jury districts.
2: In relation to each jury list requested under subclause (1)
a: the number of names to be included in the jury list; and
b: the date by which the list is required.
3: The Chief Registrar of Electors must, for each jury district, prepare a jury list containing a random selection of the names of people who, according to the electoral roll, reside in the jury district and are registered as electors.
4: A jury list must not contain the name of any person—
a: who, according to the electoral roll, holds any office, or is engaged in any occupation, referred to in section 8
b: in respect of whom a direction is in force under section 115 of the Electoral Act 1993
10: Jury lists sent to chief executive
The Chief Registrar of Electors must, within the time specified by the chief executive, forward a jury list for each jury district to the chief executive in accordance with the jury rules.
11: Currency of jury lists
A jury list remains current until it is replaced by a new list provided by the Chief Registrar of Electors under section 10
12: Access to, and confidentiality of, jury lists
1: The chief executive must give the Registrar of the Court to which a particular jury list relates a copy of, or access to, the jury list in a form that enables the Registrar to carry out his or her functions relating to the selection of juries.
2: The Registrar of a Court to which a particular jury list relates must ensure that the jury list is kept confidential to—
a: the Registrar; and
b: the Registrar's staff.
3: The chief executive must ensure that jury lists forwarded to him or her under section 10
a: the chief executive; and
b: staff of the Department for Courts who are authorised by the chief executive to have access to the lists.
4: A jury list may be disclosed by an order of the Court or a Judge for the purpose of any proceedings relating to the validity of the jury list or a jury panel or to the eligibility of any juror.
12A: Registrar may amend jury list
1: The Registrar may at any time amend a jury list relating to his or her Court by deleting from it the name of any person who is—
a: not qualified according to section 6; or
b: disqualified according to section 7; or
c: not to serve on any jury according to section 8; or
d: otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or
e: dead.
2: In exercising the power to amend the jury list, the Registrar may act on his or her own knowledge, or on such evidence as he or she considers satisfactory.
8: Summoning of jurors
Section 13 subsection (1)
1: Where jury trials are to be held in any Court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the Court for the purposes of the trials.
9: Registrar may excuse from jury service
1:
2: Section 15(2) paragraph (a)
aa: is of or over the age of 65; or. Section 9(1) repealed 4 October 2010 section 12(2) Juries Amendment Act 2008
10: New
section 16AA The principal Act is amended by inserting, after section 16
16AA: Judge may discharge summons of person with physical disability
1: On application in accordance with subsection (3)
2: A discharge may apply to the whole period for which the person is summoned, or to a particular proceeding.
3: An application under this section must be made—
a: before the jury is constituted; and
b: by the Registrar, or by a member of the Registrar's staff who is involved in, or responsible for, the administration of juries.
4: An application under this section must be heard in private, and the Judge may conduct the hearing and consider such evidence as he or she thinks fit.
11: New
section 18 The principal Act is amended by repealing section 18
18: Selection of jurors
Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the Court using the method determined in accordance with the jury rules.
12: Judge may discharge juror
Section 22 subsection (1)
1: The Judge may discharge a juror if, at any time after the jury is constituted but before the case is opened or the accused is given in charge, it is brought to the attention of the Judge that—
a: the juror is personally concerned with the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses; or
b: the juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
1A: When considering whether to discharge a juror, the Judge may conduct the hearing, and may consider such evidence, as he or she thinks fit.
1B: If a juror is discharged under this section, the Judge may require a further juror to be selected from the panel and be sworn in accordance with sections 18 and 20
13: Challenges for cause
Section 25 subsection (1)
1: In addition to the right to challenge under sections 23 and 24
a: a juror is not indifferent between the parties; or
b: a juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
14: Failure to attend
Section 32(1) paragraph (a)
a: fails without reasonable excuse to attend for service as required by the summons; or.
15: Jury rules
1: Section 35(1) paragraphs (a) to (f)
a: in relation to jury lists, prescribing—
i: what information about each person named on a list must be included on the list:
ii: the form or forms in which lists must be provided:
iii: the powers and duties of the Chief Registrar of Electors, the chief executive, Registrars, and other persons:
iv: that, where more than one form is prescribed under subparagraph (ii)
b: in relation to jury panels, prescribing—
i: the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
ii: the powers and duties of Registrars and other persons:
c: in relation to the summoning of jurors, prescribing—
i: the form or forms to be used to summons jurors:
ii: the method or methods of service of summonses:
iii: the minimum period of notice that must be given in a summons:
d: prescribing the method or methods by which a person who has been summoned can apply to be excused from attendance:
e: requiring a record to be kept of all jurors who are summoned to attend the Court; and prescribing the form and manner in which that record is to be compiled:
f: prescribing the method, methods, or the specifications of the method, for selecting a jury:
fa: prescribing the manner in which challenges are to be made and dealt with:.
2: Section 35 subsection (1)
1A: Where rules made under paragraphs (b), (c), or (f) of subsection (1)
1B: For the purposes of subsection (1A)
3: Section 35(2) subsection (1)
16: Consequential repeals
The following provisions are consequentially repealed:
a: subsections (1) and (2) of section 23 of the Penal Institutions Amendment Act 1985
b: section 4 of the Juries Amendment Act 1994
17: Transitional provisions
1: Nothing in this Act affects the validity of any jury list or jury panel that was prepared and in use immediately before the commencement of this Act.
2: Nothing in this Act affects the validity of the composition of any jury that was constituted before the commencement of this Act and continued to serve after that date.
3: The validity of a summons that is issued under the principal Act before the commencement of this Act, and is intended to continue to have effect after that date, is not affected by anything in this Act. |
DLM53446 | 2000 | Broadcasting Amendment Act 2000 | 1: Title
1: This Act is the Broadcasting Amendment Act 2000.
2: In this Act, the Broadcasting Act 1989 the principal Act
2: Commencement
This Act comes into force on 1 July 2000.
3: Interpretation
1: Section 2(1) individual section 2(1) of the Privacy Act 1993
2: Section 2(1) Minister Minister
4: Functions of Authority
1: Section 21(1)(e)
vii: the privacy of the individual:.
2: Section 21
4: When performing its functions under subsection (1)(e), (f), or (g) subsection (1)(e)(vii) Privacy Act 1993
5: Rules in relation to retention of recordings of programmes
1: Section 30 subsection (1)
1: The Authority may from time to time make and promulgate rules in relation to broadcasters to ensure that recordings of programmes broadcast by them are retained by the broadcaster or some other person, and are able to be obtained by the broadcaster when required to do so by the Authority.
2: Section 30 subsection (3)
3: Any rules made under this section may require a broadcaster, when requested to do so by the Authority, to obtain recordings of programmes broadcast by that broadcaster and to make suitable arrangements to enable the Authority to view or hear any recordings held or obtained by the broadcaster.
6: Functions of Commission
1: Section 36 paragraph (c)
c: to ensure that a range of broadcasts is available to provide for the interests of—
i: women; and
ii: youth; and
iii: children; and
iv: persons with disabilities; and
v: minorities in the community including ethnic minorities; and.
2: Section 36 paragraph (c)
ca: to encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and
7: Crown entity
Section 53Q(2) of Communications
8: New
section 53S The principal Act is amended by inserting, after section 53R
53S: Te Reo Whakapuaki Irirangi to have regard to Government policy
1: When carrying out its function, duties, powers, rights, and authorities under this Act, Te Reo Whakapuaki Irirangi must comply with any direction given to it jointly by the Minister and the Minister of Maori Affairs in accordance with this section in relation to the general policy of the Government on the promotion, by means of broadcasting, of Maori language and Maori culture or the function, duties, powers, rights, and authorities of Te Reo Whakapuaki Irirangi.
2: The Minister and the Minister of Maori Affairs may not give a direction in respect of—
a: a specific programme; or
b: the gathering or presentation of news or the preparation or presentation of current affairs programmes.
3: The Minister and the Minister of Maori Affairs, acting jointly, must—
a: give the direction to Te Reo Whakapuaki Irirangi by notice in writing; and
b: as soon as practicable after giving the written notice,—
i: publish a copy of it in the Gazette
ii: present a copy of it to the House of Representatives. |
DLM53465 | 2000 | Protected Disclosures Act 2000 | 1: Title
This Act is the Protected Disclosures Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
3: Interpretation
1: In this Act, unless the context otherwise requires,— appropriate authority
a: includes—
i: the Commissioner of Police:
ii: the Controller and Auditor-General:
iii: the Director of the Serious Fraud Office:
iv: the Inspector-General of Intelligence and Security:
v: an Ombudsman:
vi: the Parliamentary Commissioner for the Environment:
vii: the Independent Police Conduct
viii: the Solicitor-General:
ix: the Public Service Commissioner
x: the Health and Disability Commissioner; and
b: includes the head of every public sector organisation, whether or not mentioned in paragraph (a); and
c: includes a private sector body which comprises members of a particular profession or calling and which has power to discipline its members; but
d: does not include—
i: a Minister of the Crown; or
ii: a member of Parliament classified information section 78AA employee
a: a former employee:
b: a homeworker within the meaning of section 5
c: a person seconded to the organisation:
d: an individual who is engaged or contracted under a contract for services to do work for the organisation:
e: a person concerned in the management of the organisation (including a person who is a member of the board or governing body of the organisation)
f: in relation to the New Zealand Defence Force, a member of the Armed Forces:
g: a person who works for the organisation as a volunteer without reward or expectation of reward for that work environment section 2 intelligence and security agency section 4 Ombudsman Ombudsmen Act 1975 section 13
a: any person holding office under an Ombudsman to whom any of the powers of an Ombudsman have been delegated under section 28
b: any person whom the Chief Ombudsman organisation protected disclosure of information section 6(2) public official public sector organisation
a: an organisation named or specified in Schedule 1
b: an organisation named in Schedule 1
c: a local authority or public body named or specified in Schedule 1
d: the Office of the Clerk of the House of Representatives:
e: the Parliamentary Service:
f: an intelligence and security agency:
g: a council-controlled organisation within the meaning of section 6 serious wrongdoing
a: an unlawful, corrupt, or irregular use of funds or resources of a public sector organisation
b: an act, omission, or course of conduct that constitutes a serious risk to public health or public safety or the environment; or
c: an act, omission, or course of conduct that constitutes a serious risk to the maintenance of law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: an act, omission, or course of conduct that constitutes an offence; or
e: an act, omission, or course of conduct by a public official that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement,— whether the wrongdoing occurs before or after the commencement of this Act working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period beginning on 25 December in any year and ending on 15 January (both dates inclusive) in the following year.
2: An example used in this Act has the following status:
a: the example is only illustrative of the provision to which it relates and does not limit the provision; and
b: if the example and the provision to which it relates are inconsistent, the provision prevails. Section 3(1) appropriate authority amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 3(1) appropriate authority amended 7 August 2020 section 135 Public Service Act 2020 Section 3(1) classified information inserted 28 September 2017 section 319 Intelligence and Security Act 2017 Section 3(1) employee substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 3(1) employee amended 6 May 2009 section 4(1) Protected Disclosures Amendment Act 2009 Section 3(1) employee added 6 May 2009 section 4(2) Protected Disclosures Amendment Act 2009 Section 3(1) intelligence and security agency replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) Ombudsman amended 6 May 2009 section 4(3) Protected Disclosures Amendment Act 2009 Section 3(1) public funds or public resources repealed 1 July 2001 section 53 Public Audit Act 2001 Section 3(1) public official substituted 6 May 2009 section 4(4) Protected Disclosures Amendment Act 2009 Section 3(1) public sector organisation substituted 1 July 2003 section 262 Local Government Act 2002 Section 3(1) serious wrongdoing amended 1 July 2001 section 53 Public Audit Act 2001 Section 3(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 3(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 3(2) added 6 May 2009 section 4(5) Protected Disclosures Amendment Act 2009
4: Act binds the Crown
This Act binds the Crown
5: Purpose of Act
The purpose of this Act is to promote the public interest—
a: by facilitating the disclosure and investigation of matters of serious wrongdoing in or by an organisation; and
b: by protecting employees who, in accordance with this Act, make disclosures of information about serious wrongdoing in or by an organisation. Protected disclosures
6: Disclosures to which Act applies
1: An employee of an organisation may disclose information in accordance with
a: the information is about serious wrongdoing in or by that organisation; and
b: the employee believes on reasonable grounds that the information is true or likely to be true; and
c: the employee wishes to disclose the information so that the serious wrongdoing can be investigated; and
d: the employee wishes the disclosure to be protected.
2: Any disclosure made in accordance with subsection (1)
3: If an employee of an organisation believes on reasonable grounds that the information he or she discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a)
4: This section is subject to section 6A Section 6(1) amended 6 May 2009 section 5(1) Protected Disclosures Amendment Act 2009 Section 6(3) added 6 May 2009 section 5(2) Protected Disclosures Amendment Act 2009 Section 6(4) added 6 May 2009 section 5(2) Protected Disclosures Amendment Act 2009
6A: Technical failure to comply with or refer to Act
1: A disclosure of information is not prevented from being a protected disclosure of information for the purposes of this Act merely because—
a: of a technical failure to comply with sections 7 to 10 section 6
b: the employee does not expressly refer to the name of this Act when the disclosure is made. Example
Person A is an employee of Organisation B. B’s internal procedures for receiving and dealing with information about serious wrongdoing require the information to be provided to B’s Human Resources Manager using a particular form. Person A provides the information using the form to B’s chief executive rather than the Human Resources Manager. Person A otherwise substantially complies with the Act. The failure to comply is merely technical. Under this section, the disclosure is still a protected disclosure for the purposes of this Act.
2: This section applies despite anything to the contrary expressed or implied in the relevant internal procedures. Section 6A inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
6B: Role of Ombudsmen in providing information and guidance
1: An Ombudsman may provide information and guidance to an employee on any matter concerning this Act (either on a request made at any time or at the Ombudsman’s discretion).
2: If an employee notifies the Office of the Ombudsmen, orally or in writing, that he or she has disclosed, or is considering the disclosure of, information under this Act, an Ombudsman must provide information and guidance to that employee on the following matters:
a: the kinds of disclosures that are protected under this Act:
b: the manner in which, and the persons to whom, information may be disclosed under this Act:
c: the broad role of each authority referred to in paragraph (a)(i) to (x) of the definition of appropriate authority in section 3(1)
d: the protections and remedies available under this Act and the Human Rights Act 1993
e: how particular information disclosed to an appropriate authority may be referred to another appropriate authority under this Act. Section 6B inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
6C: Information about internal procedures
(1): For the purpose of this Act, an Ombudsman may request 1 or more of the following from an organisation:
a: information concerning whether the organisation has established and published internal procedures for receiving and dealing with information about serious wrongdoing; and
b: a copy of those procedures; and
c: information about how those procedures operate.
2: An organisation is not required to comply with a request made under subsection (1) if it is not a public sector organisation. Section 6C inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
7: Disclosure must be made in accordance with internal procedures
1: An employee must disclose information in the manner provided by internal procedures established by and published in the organisation, or the relevant part of the organisation, for receiving and dealing with information about serious wrongdoing.
2: This section is subject to sections 12 to 14
8: Disclosure may be made to head of organisation in certain circumstances
1: A disclosure of information may be made to the head or a deputy head of the organisation if—
a: the organisation has no internal procedures established and published for receiving and dealing with information about serious wrongdoing; or
b: the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is or may be involved in the serious wrongdoing alleged in the disclosure; or
c: the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is, by reason of any relationship or association with a person who is or may be involved in the serious wrongdoing alleged in the disclosure, not a person to whom it is appropriate to make the disclosure.
2: This section is subject to sections 12 to 14
9: Disclosure may be made to appropriate authority in certain circumstances
1: A disclosure of information may be made to an appropriate authority if the employee making the disclosure believes on reasonable grounds—
a: that the head of the organisation is or may be involved in the serious wrongdoing alleged in the disclosure; or
b: that immediate reference to an appropriate authority is justified by reason of the urgency of the matter to which the disclosure relates, or some other exceptional circumstances; or
c: that there has been no action or recommended action on the matter to which the disclosure relates within 20 working days after the date on which the disclosure was made.
2: This section is subject to sections 12 to 14
10: Disclosure may be made to Minister of the Crown or Ombudsman in certain circumstances
1: A disclosure of information may be made to a Minister of the Crown or an Ombudsman if the employee making the disclosure—
a: has already made substantially the same disclosure in accordance with section 7 section 8 section 9
b: believes on reasonable grounds that the person or appropriate authority to whom the disclosure was made—
i: has decided not to investigate the matter; or
ii: has decided to investigate the matter but has not made progress with the investigation within a reasonable time after the date on which the disclosure was made to the person or appropriate authority; or
iii: has investigated the matter but has not taken any action in respect of the matter nor recommended the taking of action in respect of the matter, as the case may require; and
c: continues to believe on reasonable grounds that the information disclosed is true or likely to be true.
2: A disclosure under this section may be made to an Ombudsman only if—
a: it is in respect of a public sector organisation and it has not already been made to an Ombudsman under section 9
b: it is in respect of an organisation other than a public sector organisation and the disclosure is made for the purpose of allowing the Ombudsman to act under section 15 16
3: This section is subject to sections 12 to 14 Section 10(2) substituted 6 May 2009 section 7 Protected Disclosures Amendment Act 2009
11: Public sector organisations to establish internal procedures
1: Every public sector organisation must have in operation appropriate internal procedures for receiving and dealing with information about serious wrongdoing in or by that organisation.
2: The internal procedures must—
a: comply with the principles of natural justice; and
b: identify the persons in the organisation to whom a disclosure may be made; and
c: include reference to the effect of sections 8 to 10
3: Information about the existence of the internal procedures, and adequate information on how to use the procedures, must be published widely in the organisation and must be republished at regular intervals. Intelligence and security and international relations
12: Special rules on procedures of organisations relating to intelligence and security matters
1: This section applies to—
a: an intelligence and security agency; and
b: any other organisation in the public sector that holds or has access to—
i: classified information; or
ii: information relating to the activities of an intelligence and security agency.
2: An organisation to which this section applies must have internal procedures that—
a: provide that the persons to whom a disclosure of information described in subsection (1)(b) may be made must be persons holding an appropriate security clearance and be authorised to have access to the information; and
b: state that the only appropriate authority to whom information described in subsection (1)(b) may be disclosed is the Inspector-General of Intelligence and Security; and
c: invite any employee who has disclosed, or is considering the disclosure of, information described in subsection (1)(b) under this Act to seek information and guidance from the Inspector-General of Intelligence and Security, and not from an Ombudsman; and
d: state that no disclosure of information described in subsection (1)(b) may be made to an Ombudsman or to a Minister of the Crown other than—
i: the Minister responsible for an intelligence and security agency; or
ii: the Prime Minister. Section 12 replaced 28 September 2017 section 320 Intelligence and Security Act 2017
13: Special rules on procedures of certain organisations relating to international relations
1: This section applies to the internal procedures of the following agencies to the extent that those procedures relate to the disclosure of information (other than classified information) concerning the international relations of the Government of New Zealand:
a: the Department of the Prime Minister and Cabinet; and
b: the Ministry of Foreign Affairs and Trade; and
c: the Ministry of Defence; and
d: the New Zealand Defence Force.
2: The internal procedures must—
a: state that the only appropriate authority to whom information may be disclosed is an Ombudsman; and
b: invite any employee who has disclosed, or is considering the disclosure of, information under this Act to seek information and guidance from an Ombudsman; and
c: state that no disclosure may be made to a Minister of the Crown other than—
i: the Prime Minister; or
ii: the Minister responsible for foreign affairs and trade. Section 13 replaced 28 September 2017 section 320 Intelligence and Security Act 2017
14: Further protection of information relating to intelligence and security and international relations
Neither the Inspector-General of Intelligence and Security nor an Ombudsman may disclose information referred to in section 12 section 13 subpart 1 Ombudsmen Act 1975 Section 14 amended 28 September 2017 section 335 Intelligence and Security Act 2017 Further provisions concerning Ombudsmen Heading substituted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15: Ombudsmen may escalate disclosure to appropriate authority or Minister or investigate disclosure
1: An Ombudsman may, with the consent of an employee who has made a protected disclosure of information to any organisation, appropriate authority, or other person in accordance with this Act,—
a: refer the disclosure to an appropriate authority or to another appropriate authority if the Ombudsman considers, after consultation with that appropriate authority, that any of the circumstances in section 9(1)(a) to (c)
b: refer the disclosure to a Minister of the Crown if the Ombudsman considers, after consultation with that Minister, that any of the circumstances in section 10(1)(b)(i) to (iii)
c: investigate the disclosure if the Ombudsman considers that—
i: the disclosure relates to a public sector organisation; and
ii: any of the circumstances in section 9(1)(a) to (c) section 10(1)(b)(i) to (iii)
2: Subsection (1)—
a: applies despite sections 7 to 10
b: does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: If an Ombudsman makes a referral under this section, he or she must promptly notify any organisation or other person that he or she is aware may be investigating the disclosure that the information disclosed has been referred under this section to an appropriate authority or Minister of the Crown for investigation.
4: A protected disclosure of information does not, by reason of an Ombudsman acting under subsection (1), cease to be a protected disclosure of information.
5: Nothing in this section prevents a protected disclosure of information being referred under—
a: this section on more than 1 occasion; or
b: section 16
6: This section is subject to sections 12 to 14 Section 15 substituted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15A: Ombudsmen may take over some investigations or investigate in conjunction with public sector organisation
1: An Ombudsman may take over an investigation of a disclosure of information by a public sector organisation, or investigate a disclosure of information in conjunction with a public sector organisation, if—
a: the disclosure is in respect of the public sector organisation; and
b: the Ombudsman considers that any of the circumstances in section 10(1)(b)(i) to (iii)
c: the employee who made the disclosure consents to the Ombudsman acting under this section; and
d: in the case of an investigation in conjunction with a public sector organisation, the public sector organisation consents to the Ombudsman acting under this section.
2: However, subsection (1) does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: This section is subject to sections 12 to 14 Section 15A inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15B: Ombudsmen may review and guide investigations by public sector organisations
1: An Ombudsman may review and guide any investigation of a protected disclosure of information by a public sector organisation (either on the organisation’s request or at the Ombudsman’s discretion).
2: Subsection (1) does not authorise an Ombudsman to issue a direction to a public sector organisation requiring it to act in a particular manner in relation to an investigation.
3: Subsection (1) does not apply if the public sector organisation is the Office of the Parliamentary Commissioner for the Environment.
4: This section is subject to sections 12 to 14 Section 15B inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15C: Ombudsmen may receive reports on investigations and include information in annual report
1: The Ombudsmen may receive reports on the following investigations:
a: investigations referred under section 15
b: investigations in relation to which an Ombudsman has acted under section 15B
c: investigations in relation to which an Ombudsman has otherwise provided information or guidance under this Act.
2: The Ombudsmen may include (among other matters) in their annual report under section 29
a: current guidance issued by the Ombudsmen in respect of this Act:
b: the number and types of information and guidance inquiries made to the Ombudsmen in respect of this Act:
c: the number of protected disclosures of information made to the Ombudsmen:
d: the number of investigations of disclosures of information undertaken or taken over by the Ombudsmen:
e: the number of investigations referred under section 15
f: the outcome of the matters referred to in paragraphs (b) to (e) (if known by the Ombudsmen). Section 15C inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15D: Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act
The Chief Ombudsman may, by written notice, appoint a person to perform an Ombudsman’s functions under this Act. Section 15D inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15E: Miscellaneous provisions relating to Ombudsmen
1: The functions and powers of Ombudsmen under the Ombudsmen Act 1975 section 13(3)
2: The Ombudsmen have the same powers in relation to investigating a disclosure of information made under this Act as Ombudsmen have in relation to a complaint under the Ombudsmen Act 1975
3: Sections 19 20 30 section 6C 15B 15C Section 15E inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009 Reference from one appropriate authority to another of information disclosed Heading inserted 6 May 2009 section 9 Protected Disclosures Amendment Act 2009
16: Reference from one appropriate authority to another of information disclosed
1: Where an appropriate authority to whom a protected disclosure of information is made considers, after consultation with another appropriate authority, that the information disclosed can be more suitably and conveniently investigated by that other appropriate authority, the appropriate authority to whom the information is disclosed may refer that information to that other appropriate authority.
2: Where, under subsection (1), information is referred from one appropriate authority to another, the appropriate authority to whom the information has been referred must promptly notify the person by whom the protected disclosure of information was made that the information disclosed has been so referred.
3: A protected disclosure of information does not, by reason of the information being referred under subsection (1), cease to be a protected disclosure of information.
4: Nothing in this section prevents a protected disclosure of information being transferred from one appropriate authority to another on more than 1 occasion. Protections
17: Personal grievance
1: Where an employee who makes a protected disclosure of information under this Act claims to have suffered retaliatory action from his or her employer or former employer, that employee,—
a: if that retaliatory action consists of or includes dismissal, may have a personal grievance, for the purposes of paragraph (a) of section 103(1) Part 9
b: if that retaliatory action consists of action other than dismissal or includes an action in addition to dismissal, may have a personal grievance, for the purposes of paragraph (b) of section 103(1) Part 9
2: This section applies only to employees within the meaning of the Employment Relations Act 2000 Section 17 substituted 2 October 2000 section 240 Employment Relations Act 2000
18: Immunity from civil and criminal proceedings
1: No person who—
a: makes a protected disclosure of information; or
b: refers a protected disclosure of information to an appropriate authority for investigation— is liable to any civil or criminal proceeding or to a disciplinary proceeding by reason of having made or referred that disclosure of information.
2: Subsection (1) applies despite any prohibition of or restriction on the disclosure of information under any enactment, rule of law, contract, oath, or practice.
19: Confidentiality
1: Every person to whom a protected disclosure is made or referred must use his or her best endeavours not to disclose information that might identify the person who made the protected disclosure unless—
a: that person consents in writing to the disclosure of that information; or
b: the person who has acquired knowledge of the protected disclosure reasonably believes that disclosure of identifying information—
i: is essential to the effective investigation of the allegations in the protected disclosure; or
ii: is essential to prevent serious risk to public health or public safety or the environment; or
iii: is essential having regard to the principles of natural justice.
2: A request for information under the Official Information Act 1982 or under the Local Government Official Information and Meetings Act 1987 constable
3: An Ombudsman may—
a: provide information and guidance to organisations and employees concerning the circumstances in which anonymous disclosures of information may be made under this Act; and
b: otherwise provide advice and assistance to organisations and other persons in relation to the duty specified in subsection (1). Section 19(2) amended 6 May 2009 section 10(1) Protected Disclosures Amendment Act 2009 Section 19(2) amended 1 October 2008 section 116(a)(ii) Protected Disclosures Amendment Act 2009 Section 19(3) added 6 May 2009 section 10(2) Protected Disclosures Amendment Act 2009
19A: Protections extend to volunteers of supporting information
1: The protections conferred by sections 17 to 19
2: In this section, a person volunteers supporting information if the person—
a: provides information, in support of a protected disclosure of information made by another person, to—
i: a person investigating the disclosure; or
ii: the person who made the disclosure; and
b: is an employee of the organisation in respect of which the disclosure was made; and
c: wishes to provide the supporting information so that the serious wrongdoing can be investigated.
3: However, a person does not volunteer supporting information if the person provides the supporting information only after being—
a: required to do so under any enactment, rule of law, or contract for the purposes of the investigation; or
b: approached during the course of the investigation by, or on behalf of, the person investigating the matter. Section 19A inserted 6 May 2009 section 11 Protected Disclosures Amendment Act 2009 Miscellaneous provisions
20: False allegations
The protections conferred by this Act and by section 66(1)(a)
21: Other protections preserved
This Act does not limit any protection, privilege, immunity, or defence, whether statutory or otherwise, relating to the disclosure of information.
22: Legal professional privilege
1: Nothing in this Act authorises a person to disclose information protected by legal professional privilege.
2: A disclosure of such information is not a protected disclosure for the purposes of this Act.
23: No contracting out of Act
1: This Act has effect despite any provision to the contrary in any agreement or contract.
2: Any provision in any agreement or contract that purports to require an employee to withdraw or abandon a disclosure of information made under this Act is of no effect. Section 23 substituted 6 May 2009 section 12 Protected Disclosures Amendment Act 2009
24: Review of operation of Act
Section 24 repealed 6 May 2009 section 12 Protected Disclosures Amendment Act 2009 Amendment to Human Rights Act 1993
25: Victimisation
Amendment(s) incorporated in the Act(s) |
DLM53931 | 2000 | Radiocommunications Amendment Act 2000 | 1: Title
1: This Act is the Radiocommunications Amendment Act 2000.
2: In this Act, the Radiocommunications Act 1989 the principal Act
2: Commencement
This Act comes into force on a date to be fixed by the Governor-General by Order in Council.
3: Interpretation
Section 2 subsection (1)
1: In this Act, unless the context otherwise requires,— adjacent frequencies emission limit
a: frequencies other than frequencies within the range of frequencies to which the record relates; and
b: frequencies within a range that has as its upper or lower limit a frequency that constitutes a boundary of the range of frequencies to which the record of management rights relates adjacent manager advertising programme section 2 of the Broadcasting Act 1989 approved radio engineer section 130 auditor Companies Act 1993 boundary broadcast section 2 of the Broadcasting Act 1989 co-channel emissions Convention on International Civil Aviation
a: any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and
b: any Annex or amendment to the Convention accepted under Article 90 of the Convention to the extent adopted by New Zealand; and
c: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation organisation under Article 37 of the Convention, to the extent adopted by New Zealand Court Registrar eirp emission financial year harmful interference induction infringement fee section 134(1)(jb) infringement offence section 134(1)(ja) instrument Parts II to X interference interfering equipment International Convention for the Safety of Life at Sea
a: the Annex to that Convention; and
b: all amendments of that Convention; and
c: all protocols to that Convention International Radio Regulations ITU-R reports and recommendations
a: any amendments or additions to any such reports or recommendations; and
b: any reports or recommendations adopted in substitution for any such reports or recommendations manager
a: means a person named in a record of management rights as the manager of the range of frequencies to which the record of management rights relates; and
b: includes,—
i: in relation to the transfer of management rights, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(a)
ii: in relation to the granting of spectrum licences under section 48 section 78(b) Minister power floor programme section 2 of the Broadcasting Act 1989 protection area protection limit radiation radio apparatus radiocommunications radio licence Part XIII Radio New Zealand section 2 of the Radio New Zealand Act 1995 section 19 of that Act sections 158 and 158A of the Companies Act 1955 sections 5 and 6 of the Companies Act 1993 radio receiver radio transmitter radio waves record of management rights section 10(2) section 45 or section 47 reference standard section 133 Register
a: when used as a noun, means the Register of Radio Frequencies established under section 5
b: when used as a verb, means to record on the Register: Registrar section 4 rightholder
a: means the holder for the time being of a spectrum licence; and
b: includes a mortgagee who, in right of a mortgage of a spectrum licence, is entitled to enjoy or exercise the rights of the rightholder Secretary spectrum licence Part VI supply susceptible equipment unwanted emission unwanted emission limit
a: frequencies that are within a range of frequencies—
i: specified in the record of management rights to which a spectrum licence relates; or
ii: subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and
b: frequencies that are not within the frequency band specified in the spectrum licence.
4: New section 5 substituted
The principal Act is amended by repealing section 5
5: Register of Radio Frequencies
The Registrar must establish and maintain a Register for the purpose of maintaining records of interests or uses relating to radio frequencies.
5: Form of Register
Section 6(3) paragraph (c)
ca: particulars of all radio licences granted by the Secretary under Part XIII
6: Registration of management rights for radio frequencies
1: Section 10 of management rights for
2: Section 10 subsection (1)
1A: The Secretary may make applications for successive management rights in respect of a radio frequency, but the commencement date specified in each successive application must not be earlier than the day after the expiry date of the preceding management right.
3: Section 10(2) subsection (1)
7: New section 11A inserted
The principal Act is amended by inserting, after section 11
11A: Creation of successive records of management rights
A record of management rights may be created at any time and from time to time, but where more than 1 record of management rights is created for a frequency, the commencement date for the subsequent record of management rights must not be earlier than the day after the date on which the previous management rights expire.
8: Repeal of
section 12 Section 12
9: Fees in relation to defective applications
Section 20 subsection (3)
3: Nothing in this section applies in respect of any spectrum licence that is returned under section 25(1) section 57C
10: New
section 25 The principal Act is amended by repealing section 25
25: Registrar's duties in relation to registration of spectrum licences
1: Where an instrument received by the Registrar for registration under section 16(1) section 48 section 18(a)
2: The Registrar must not register any spectrum licence unless an instrument received by the Registrar for registration under section 16(1) section 48
3: The Registrar must not register any spectrum licence where that spectrum licence specifies unwanted emission limits applying to that spectrum licence, and the maximum power of emissions on any frequency to which the unwanted emissions limit applies exceeds any adjacent frequencies emission limit on the management right to which the spectrum licence relates.
4: The Registrar must not register any spectrum licence unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.
5: The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence relates—
a: will not endanger the functioning of any radio navigation service; and
b: will not endanger the functioning of any radio service essential to the protection of life and property; and
c: will not cause harmful interference to rights conferred by registered spectrum or radio licences; and
d: is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and
e: will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.
6: Where an instrument received by the Registrar for registration under section 16(1) section 48
a: the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search by virtue of section 28
b: if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the spectrum licence, and must return the spectrum licence in accordance with section 18(a)
7: Except as provided in subsections (1) to (6) section 16(1)
11: Registration of spectrum licences and modifications where management rights mortgaged
Section 26(1)
a: by inserting, before the word licence spectrum
b: by omitting the expression section 54A sections 57, 57A, 57B, or 57C
12: New section 28 substituted
The principal Act is amended by repealing section 28
28: Register to be open for search
1: Any person may, upon payment of the prescribed fee, have access to the Register for the purpose of determining whether or not any radio frequency is subject to a record of management rights, a spectrum licence, or a radio licence and determining the identity of the owner of a management right, a rightholder, or the holder of a radio licence.
2: The Register must be so arranged that it may be searched by—
a: reference number; or
b: frequency band or frequency within a frequency band; or
c: any other search reference specified in regulations made under this Act.
3: The Registrar must not disclose, otherwise than in accordance with this section,—
a: any information that will identify, or assist a person to identify, the residential address of any manager, rightholder, or holder of a radio licence where that manager, rightholder, or holder of a radio licence is a natural person and that manager, rightholder, or holder of a radio licence has advised the Registrar in writing that that person does not authorise the disclosure of such information; or
b: any record where the Secretary has advised the Registrar in writing that the record contains information that would be likely to prejudice the security or defence of New Zealand.
4: Information protected in accordance with this section may be disclosed to the persons or class of persons prescribed in regulations made under this Act for the purposes prescribed in those regulations.
13: Registrar to issue search copies
Section 29(2) 28(2) 28(3)
14: Certified copies of Register to be evidence
1: Section 30 subsection (3) 28(2) 28(3)
2: Section 30
4: This section does not apply to records of radio licences.
15: New section 33 substituted
The principal Act is amended by repealing section 33
33: Expiry of registration
At the close of the day specified in a record of management rights as the expiry date of the record of management rights,—
a: all rights conferred by this Act on the manager in relation to the frequencies in the management right, every rightholder in relation to those frequencies, and every other person recorded on the Register as having an interest in those frequencies, expire; and
b: the management rights expire and the provisions of Part XIII
16: Content of record of management rights
1: Section 34
a: by omitting paragraph (a)
a: the name and address of the manager; and:
b: by inserting, after paragraph (d)
da: the power floor applying to the frequencies to which the record of management rights relates; and:
c: by inserting in paragraph (e) licences spectrum
2: Section 34 paragraph (h)
h: the reference number of every spectrum licence, where any of the frequencies within the frequency band to which that spectrum licence relates is within the range of frequencies to which the management right relates.
17: New heading and
sections 34A-34D The principal Act is amended by inserting, after section 34 Power floors
34A: Power floors applying when radio frequencies registered under Act
1: Unless section 34B or section 34C
2: Where no power floor is specified in an application for management rights for a frequency, the power floor is -50dBW.
34B: Modification of power floors
Where the Secretary and any manager agree to modify the power floor applying to any 1 or more frequencies to which the manager's record of management rights relates, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—
a: the power floor that is to apply, under the agreement, to any 1 or more frequencies to which that record of management rights relates; and
b: the date from which the modified power floor or floors apply.
34C: Power floors applying after creation of records of management rights under
section 45(1) or 47(1)
1: Where, under section 44(1) section 45(1)
2: Where, under section 46(1) section 47(1) Management rights ceiling
34D: Ceiling for management rights
Nothing in Parts III to XII or Part XVI
18: Protection limit applying when radio frequencies registered under Act
Section 35 subsection (2)
2: The Registrar must not register a protection limit in relation to a record of management rights where the protection limit is lower than the power floor specified for any frequency within the range of frequencies to which the record relates.
19: Adjacent frequencies emission limits applying when radio frequencies registered under Act
Section 39(2)
20: Modification of adjacent frequencies emission limits
1: Section 40(2) licence spectrum
2: Section 40(3)
21: Transfer by manager
Section 42 subsection (2)
2: The manager must obtain the consent of the rightholder to a transfer of management rights proposed in accordance with this section, if—
a: a spectrum licence is in force at the time of the transfer; and
b: that spectrum licence provides that the spectrum licence may be modified by the rightholder alone; and
c: that spectrum licence applies to a frequency band of which some of the frequencies are in the part of the management right proposed to be transferred and some of the frequencies are in the part of the management right proposed to be retained by the manager.
22: New records of management rights to be created for portion transferred and for balance
1: Section 45 New records of management rights to be created for portion transferred and for balance
2: Section 45 subsection (2)
2: The Registrar must record on every record of management rights created under subsection (1)
a: the reference number of every spectrum licence that was recorded on the cancelled record of management rights, where any frequency within the frequency band to which that spectrum licence relates is within the range of frequencies to which the record of management rights relates:
b: any conditions recorded on the cancelled record of management rights, where those conditions applied to the whole of the cancelled management right or to any frequency with the frequency band to which the record of management rights created under subsection (1)
23: New sections 48 and 49 substituted
The principal Act is amended by repealing sections 48 49 50 51
48: Creation of spectrum licence by manager
1: Where a manager intends to reserve to himself or herself or to grant to any other person—
a: the right to transmit on a frequency band, and the right to have no harmful interference from co-channel emissions in the protection area on the frequency band within the range of frequencies specified in the manager's record of management rights; or
b: the right to transmit on a frequency band within the range of frequencies specified in the manager's record of management rights; or
c: the right to have no harmful interference from co-channel emissions in the protection area on a frequency band within the range of frequencies specified in the manager's record of management rights,— that manager may execute for the purposes of registration a spectrum licence in a form prescribed for spectrum licences granted or reserved under this section.
2: A spectrum licence is not valid until that licence is registered.
3: Any spectrum licence created under subsection (1)(b) section 55A
49: Contents of spectrum licence
1: Every spectrum licence must specify—
a: the name and address of the rightholder; and
b: the frequency band within which radio waves may be transmitted; and
c: except for licences granted or reserved under section 48(1)(b)
d: except for licences granted or reserved under section 48(1)(c)
e: the commencement date of the spectrum licence, being a date not earlier than the commencement date of the record of management rights to which the spectrum licence relates; and
f: the expiry date of the spectrum licence, being a date not later than the expiry date of the record of management rights to which the spectrum licence relates; and
g: whether the spectrum licence may be transferred to another person by the rightholder with or without the consent of the manager; and
h: whether the spectrum licence may be cancelled by 1 or more of the rightholder, the manager, or the rightholder and manager together; and
i: whether the spectrum licence may be modified by 1 or more of the rightholder, the manager, or the rightholder and manager together; and
j: any conditions on the exercise of the right to transmit radio waves or the right to have no harmful interference under the spectrum licence, being conditions that do not contravene the conditions specified in the record of management rights to which the spectrum licence relates; and
k: any other matters that may be specified by regulations made under this Act.
2: A spectrum licence may specify that the spectrum licence is a general user spectrum licence for the purposes of section 55A
24: Repeal of sections relating to modification of unwanted emission limits
Sections 53 54 54A
25: New sections 55-57D substituted
The principal Act is amended by repealing sections 55 to 57
55: Transmissions by persons with agreement of rightholder
1: The rightholder in relation to a spectrum licence may enter into agreements with persons wishing to transmit on the frequency specified in the spectrum licence.
2: The terms of every agreement are deemed to include a condition that the person who has entered into the agreement with the rightholder will transmit only in accordance with—
a: the rightholder's spectrum licence:
b: conditions in the record of management rights in relation to which the rightholder's spectrum licence is registered:
c: the provisions of section 102
d: the First Schedule
3: Every transmission by a person who—
a: has entered into an agreement with a rightholder under this section; and
b: is transmitting in accordance with that agreement— is a transmission by the rightholder.
55A: Transmissions in accordance with general user spectrum licences
1: This section applies to every spectrum licence created under section 48(1)(b) section 48(3)
2: A general user spectrum licence grants to every person permission to transmit radio waves on the frequency band specified in the general user spectrum licence if that person complies with—
a: any conditions specified in the record of management rights in relation to which the general user spectrum licence is registered; and
b: any conditions specified in the spectrum licence under section 49(1)(j)
c: the First Schedule
3: No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency within the range of frequencies to which the unwanted emission limit specified in the general user spectrum licence applies, at a level greater than is specified in that general user spectrum licence as the unwanted emission limit applying to that frequency.
4: No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the general user spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the general user spectrum licence was registered.
5: Every person who transmits radio waves on a frequency specified in a general user spectrum licence and who fails to comply with subsections (2), (3), or (4)
6: A person transmitting in accordance with a general user spectrum licence is not a rightholder and that person does not, by transmitting in accordance with a general user spectrum licence, acquire rights or obligations under sections 99, 101, or 102
56: Transfer of spectrum licence
1: If a rightholder intends to transfer the rightholder's spectrum licence, the rightholder may, for the purpose of registration, execute a notice of transfer in the prescribed form.
2: If a spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from the manager to the transfer of that spectrum licence.
3: If a part of the management rights to which a frequency band in a spectrum licence relates has been transferred to another person and the spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from all managers holding management rights to which the frequency band in that spectrum licence relates.
4: The transfer of a spectrum licence is not valid until the transfer is registered.
57: Modification or cancellation of spectrum licence by rightholder alone
1: Where a spectrum licence provides that the spectrum licence may be modified or cancelled by the rightholder alone and the rightholder wishes to modify any matter specified on the rightholder's spectrum licence or cancel the rightholder's spectrum licence, the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1)
3: The notice must specify—
a: the modification to the spectrum licence; and
b: the date from which the modification or cancellation is to apply.
57A: Modification or cancellation of spectrum licence by manager alone
1: If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager alone and the manager in relation to that spectrum licence wishes to modify any matter specified on the spectrum licence or cancel the rightholder's spectrum licence, the manager may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1)
3: The notice must specify—
a: the modification to the licence; and
b: the date from which the modification or cancellation is to apply.
57B: Modification or cancellation of spectrum licence by rightholder and manager
1: If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager and the rightholder together and the manager and the rightholder in relation to that spectrum licence agree to modify any matter specified on the spectrum licence or to cancel the spectrum licence, the manager or the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1)
3: The notice must specify—
a: the modification to the licence; and
b: the date from which the modification or cancellation is to apply.
57C: Modification of spectrum licence where 2 or more managers
If the reference number of a spectrum licence is recorded in accordance with section 45(3)
57D: Registrar's duties in relation to registration of modification or cancellation of spectrum licence
1: Where an instrument received by the Registrar for registration under section 16(1)
2: Where an instrument is a modification to the spectrum licence that proposes to modify the frequency band specified in the spectrum licence by including any frequency not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a)
3: Where—
a: an instrument is a modification to the spectrum licence that proposes to modify the unwanted emission limits specified in the spectrum licence or include unwanted emission limits in the spectrum licence; and
b: any frequency to which the unwanted emission limits specified in the modification to the spectrum licence apply is a frequency subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and
c: the maximum power of emissions specified as being permitted on that frequency exceeds the adjacent frequencies emission limit for that frequency in the record of management rights,— the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a)
4: The Registrar must not register any modification to a spectrum licence, other than a modification to any of the matters referred to in paragraphs (a), (g), (h), or (i) of section 49(1)
5: The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence, as modified, relates—
a: will not endanger the functioning of any radionavigation service; and
b: will not endanger the functioning of any radio service essential to the protection of life and property; and
c: will not cause harmful interference to rights conferred by registered spectrum or radio licences; and
d: is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and
e: will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.
6: Where a modification to a spectrum licence is received by the Registrar,—
a: the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence, as modified, relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search under section 28(3)
b: if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the modification to the spectrum licence, and must return the modification to the spectrum licence in accordance with section 18(a)
7: The Registrar must not register a modification to a spectrum licence that purports to alter a provision of that spectrum licence relating to the cancellation of that licence.
8: Except as provided in subsections (1) to (7) section 16(1)
26: New
section 72A The principal Act is amended by inserting, after section 72
72A: Matters relevant to radio engineer's certificate
Before issuing a certificate under section 25 or section 57D
a: the International Radio Regulations; and
b: the ITU-R reports and recommendations; and
c: Annex 10 to the Convention on International Civil Aviation; and
d: the International Convention for the Safety of Life at Sea; and
e: the nature of the service proposed to be operated under the spectrum licence; and
f: any relevant reference standards issued by the Secretary.
27: Discharge of mortgage
1: Section 86(1) endorse on the mortgage complete
2: Section 86(2) licence spectrum
28: New section 99 substituted
The principal Act is amended by repealing section 99
99: Rights conferred on rightholder by spectrum licence
1: Every rightholder who has a spectrum licence to transmit radio waves and to receive no harmful interference from co-channel emissions in a protection area has the right to transmit radio waves and to receive no harmful interference from co-channel emissions in that protection area in accordance with that licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
2: Every rightholder who has a spectrum licence to transmit radio waves has the right to transmit radio waves in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
3: Every rightholder who has a spectrum licence containing the right to receive no harmful interference from co-channel emissions in a protection area has the right to receive no harmful interference from co-channel emissions in the protection area in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
4: If the rightholder complies with section 102
29: Repeal of provisions relating to rights of holders of certain licences
Section 100
30: Requirements to be complied with in exercise of rights
Section 101(1)
a: by inserting in paragraph (a) licence spectrum
b: by inserting in paragraph (b) licence spectrum
c: by omitting from paragraph (b) 49(d)(iii) or section 50(c)(iii) of this Act 49(1)(j)
31: Compliance with unwanted emission limits
1: Section 102(1) licence spectrum
2: Section 102 subsection (2)
2: No rightholder, in exercising rights under section 99, may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the spectrum licence was registered.
32: Transmission other than in accordance with spectrum licence
1: Section 103 licence spectrum
2: Section 103 subsection (1)
1: Subject to subsection (3)
a: a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
b: a transmission by a person acting in accordance with a general user spectrum licence.
3: Section 103(3) licence spectrum
33: New section 104 substituted
The principal Act is amended by repealing section 104
104: Transmission under radio licence not affected
Nothing in section 103
a: a radio licence; or
b: an exemption exempting that transmission of radio waves from any requirement to be licensed, being an exemption granted by or under any regulations made under section 116(1)(c)
34: New section 105 substituted
The principal Act is amended by repealing section 105
105: Interference to receivers
For the purposes of any action in tort, it is declared that where a receiver is tuned to receive emissions from a transmitter operated by a rightholder in accordance with the rightholder's spectrum licence or by the holder of a radio licence in accordance with that radio licence, and that receiver is situated on land within the protection area of that licence, any harmful interference to the reception, by that receiver, of radio waves constitutes an interference with the enjoyment of land on which the receiver is situated.
35: New sections 106-109C substituted
The principal Act is amended by repealing sections 106 to 109
106: Definitions for sections 108-109C
1: For the purposes of sections 108 to 109C arbitral tribunal Arbitration Act 1996 claimant
a: the rightholder or holder of a radio licence claiming harmful interference in the protection area of the claimant's licence; or
b: the owner of a radionavigation receiver or a safety receiver claiming that harmful interference with reception by that receiver would endanger the functioning of a radionavigation service or other safety service respondent
2: Where a person holds a radio licence that does not specify an area as a protection area, that person may proceed as a claimant if there is harmful interference in the area that the person considers would be the protection area of the licence, and that area is the protection area for that radio licence until such time as the arbitral tribunal determines otherwise in accordance with section 109A(2)
3: Despite the lack of a radio licence or the lack of a protection area specified in that radio licence, where that radio licence is for a radionavigation or safety service, the owner of the radionavigation receiver or a safety receiver may proceed as a claimant if there is harmful interference with reception by that receiver that endangers the functioning of that radionavigation service or safety service.
107: Sections 106-109C apply where transmissions not commenced
Where a radio licence or a spectrum licence has been granted and registered but lawful transmissions have not commenced, and a rightholder or holder of a radio licence believes that lawful transmissions made in accordance with that licence are very likely to cause harmful interference in the protection area of that licence, the provisions of sections 106 to 109C
108: Notice of harmful interference
1: Where a respondent is lawfully transmitting radio waves under a registered spectrum licence or radio licence, and those transmissions cause or contribute to harmful interference in the protection area of another registered spectrum licence or radio licence, the claimant may serve on the respondent a notice concerning that interference.
2: Where both the claimant and the respondent are holders of radio licences and the provisions of subsections (3) to (7) sections 109 to 109C
3: Where the harmful interference which is the subject of the notice under subsection (1) sections 108 to 109A and section 109C
4: A notice given under subsection (1)
a: the nature of the harmful interference experienced; and
b: the alleged cause of the harmful interference and the manner in which the respondent is believed to have caused or contributed to the harmful interference; and
c: what action the claimant desires to be taken by the respondent to remedy the harmful interference; and
d: that the respondent has 10 working days following the receipt of the notice within which to take 1 of the actions referred to in subsection (5)
5: Every respondent who receives a notice properly given under subsection (1)
a: take the action to remedy the harmful interference specified in the notice; or
b: notify the claimant that in the respondent's opinion the respondent's transmissions have not caused or contributed to, or are not causing or contributing to, harmful interference to the claimant or that the action specified in the notice which the claimant wishes to be taken to remedy the harmful interference is not justified; or
c: agree with the claimant on a method of reaching an agreement to deal with the harmful interference; or
d: agree with the claimant to refer the matter to arbitration to be determined in accordance with the Arbitration Act 1996
6: If, within 10 working days of a notice being properly given under subsection (1)
a: the action specified in the notice has not been taken; and
b: the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action which is specified in the notice is justified; and
c: the claimant and the respondent have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration,— the claimant may, following the expiry of that 10-working day period, by notice in the prescribed form to the Secretary, request the Secretary to refer the matter to arbitration under section 109
7: Where the claimant and the respondent agree on a method of reaching an agreement to deal with the harmful interference under subsection (5)(c) subsection (1) section 109
109: Reference to arbitration by Secretary
1: Where the Secretary receives a request under section 108(6) or (7)
a: the alleged harmful interference is being caused in the protection area of a registered spectrum licence or radio licence; and
b: the transmissions allegedly causing or contributing to the harmful interference are being lawfully made under a registered spectrum licence or radio licence; and
c: there is prima facie evidence of harmful interference and that the harmful interference is being caused or contributed to by the respondent; and
d: a notice was properly given under section 108(1)
e: the time limits specified in section 108
f: the respondent has not taken the action specified in that notice,— the Secretary may refer the matter to arbitration and, except as provided in sections 109A and 109C Arbitration Act 1996
2: The reference by the Secretary may specify the matters that would otherwise be included in an arbitration agreement, and that reference is an arbitration agreement for the purposes of the Arbitration Act 1996
109A: Matters relevant to arbitration
1: Clause 28(4) of the First Schedule of the Arbitration Act 1996 section 108(5)(d) or section 109 of this Act
a: the costs and effects of possible alternative solutions; and
b: the technical compatibility between the claimant's receiver and the respondent's transmitter as determined by—
i: the nature and characteristics of the rights described in the claimant's licence and the respondent's licence; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 to the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: any relevant reference standards issued by the Secretary; and
c: which of the spectrum licences held by the parties to the dispute was registered first; and
d: the desirability of minimising disruption to existing services; and
e: the terms of the spectrum licences; and
f: any other matters prescribed by regulations made under this Act or that the arbitral tribunal considers relevant.
2: Unless a person proceeds as a claimant in accordance with section 106(3)
109B: Offence to transmit in breach of Secretary's direction
Every person who contravenes a direction given by the Secretary under section 108(3)
109C: Powers when deciding disputes
1: In addition to the powers given to the arbitral tribunal by section 12 of the Arbitration Act 1996
2: Where the arbitral tribunal directs that a spectrum licence or radio licence be modified or amended, then, despite any provision to the contrary in this Act or any spectrum licence, the manager or rightholder in the case of a spectrum licence, or the Secretary in the case of a radio licence, must modify or amend the licence as directed by the arbitral tribunal.
36: New Part heading and section 110 substituted
The principal Act is amended by repealing section 110
XIII: Radio licences
110: Part to apply to frequencies where no record of management rights registered
1: This Part applies to every radio frequency unless a record of management rights is registered under Part II
2: Where a record of management rights is registered under Part II
a: below the power floor specified for that record of management rights; or
b: if no power floor is specified in the record of management rights, below -50dbw.
3: This Part does not apply to—
a: a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
b: a transmission by a person in accordance with a general user spectrum licence.
37: New section 111 substituted
The principal Act is amended by repealing section 111
111: Granting of radio licences
1: For the purposes of this section, New Zealand ship
a: any New Zealand ship within the meaning of the Crimes Act 1961
b: any vessel for the time being registered in New Zealand as a ship under the Ship Registration Act 1992
2: The Secretary may, in accordance with regulations made under this Part, grant radio licences authorising the transmission of radio waves on the frequencies specified in the radio licence within the territorial limits of New Zealand, or from any New Zealand ship, or from any aircraft registered in New Zealand or providing protection from harmful interference from co-channel emissions.
3: In addition to the requirements of the regulations, every radio licence must be in such form and for such period, and contain such terms, conditions, and restrictions, as the Secretary thinks fit.
4: Every licence issued in accordance with regulations made under this Part includes a requirement that any person transmitting under that radio licence must comply with the First Schedule.
38: Secretary to have regard to Government policy
1: Section 112(1) 116(1)(c) 116(1)(a)
2: Section 112 of Communications
3: Section 112 licence radio
39: New section 113 substituted
The principal Act is amended by repealing section 113
113: Offences
Every person commits an offence under this Act who transmits radio waves, otherwise than—
a: under, or in conformity with, the terms and conditions of a radio licence issued under section 111
b: in accordance with regulations made under section 116(1)(c)
40: New section 114 substituted
The principal Act is amended by repealing section 114
114: Presumptions
1: For the purposes of section 113
2: Where a radio transmitter is temporarily inoperative or has been partially dismantled, that radio transmitter is deemed to be, and to remain, capable of transmitting radiocommunications unless the Secretary is satisfied that the transmitter has been rendered inoperative.
41: Regulations
Section 116 subsection (1)
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and for the terms and conditions subject to which any radio licences may be granted, transferred, suspended, or revoked:
b: providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, transferred, suspended, or revoked:
c: authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:
d: requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with the First Schedule
e: providing for the allocation of radio licences by competitive tender or auction, and for the payment of consideration to the Crown under any tender or auction:
f: providing for the making of applications for and the granting of radio licences, providing for the protection from harmful interference from co-channel emissions, and specifying the terms and conditions subject to which any radio licences may be granted, transferred, suspended, or revoked:
g: prescribing offences in respect of contraventions of any regulations made under this section.
42: Repeal of section 119
Section 119
43: Penalties
Section 128 subsection (2)
2: Where an offence is a continuing offence, a further fine of an amount not exceeding $1,000 for every day or part of a day during which the offence has continued may be imposed.
44: New sections 128A and 128B inserted
The principal Act is amended by inserting, after section 128
128A: Commission of infringement offence
Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against for an alleged offence against section 128 of this Act Summary Proceedings Act 1957
b: be served with an infringement notice as provided for in section 128B
128B: Infringement notices
1: Where the Secretary or any person duly authorised by the Secretary observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Secretary or the authorised person.
2: An infringement notice may be served—
a: by attaching an infringement notice, or a copy of an infringement notice, to the equipment to which the notice relates; or
b: by delivering it personally to the person who appears to have committed the infringement offence; or
c: by sending it by post addressed to that person at that person's last known place of residence or business.
3: For the purposes of the Summary Proceedings Act 1957 subsection (2)(c)
4: Every infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee for that offence:
c: the address at which the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
f: a statement that the person served with the notice has the right to request a hearing:
g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:
h: such other particulars as are prescribed in regulations made under this Act.
5: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957
45: Approval of radio engineers
Section 130
a: by omitting from subsection (1) 25(2), 39(2), 40(3), 53(2), and 54(3) of this Act 25, 39, 40, and 57D
b: by omitting from subsection (2) 25(2), 39(2), 40(3), 53(2), and 54(3) of this Act 25, 39, 40, and 57D
46: New section 133A inserted
The principal Act is amended by inserting, after section 133
133A: Offence to disclose contents of radiocommunications
1: Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—
a: makes use of the radiocommunication or any information derived from that radiocommunication; or
b: reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or
c: discloses the existence of the radiocommunication.
2: Subsection (1)
a: by the Secretary for the purpose of ensuring compliance with this Act; or
b: by a member of the police, a Customs officer, or any other class of law enforcement official listed in regulations made under this Act for the purpose of avoiding prejudice to the maintenance of the law, including the detection, prevention, investigation, prosecution, and punishment of offences; or
c: by an officer or employee of—
i: the New Zealand Security Intelligence Service, for the purpose of obtaining intelligence relevant to security; or
ii: the Government Communications Security Bureau, for the purpose of obtaining foreign intelligence; or
d: by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d) of the Defence Act 1990
e: by a person acting under, and in accordance with, any authority conferred on him or her by or under—
i: Part I of the Telecommunications Act 1987
ii: the New Zealand Security Intelligence Service Act 1969
iii: the Misuse of Drugs Amendment Act 1978
iv: the International Terrorism (Emergency Powers) Act 1987
3: For the purposes of this section,— foreign intelligence
a: any foreign state or group of foreign states; or
b: any foreign organisation; or
c: any foreign person foreign organisation
a: any company or body corporate that is incorporated outside New Zealand; or
b: any company within the meaning of the Companies Act 1955 Companies Act 1993 Companies Act 1955 Companies Act 1993
c: any unincorporated body of persons that carries on activities outside New Zealand (not being an unincorporated body of persons that is a New Zealand person under paragraph (a)(iii) New Zealand person section 2(1) of the Inspector-General of Intelligence and Security Act 1996 foreign person
a: a New Zealand citizen; nor
b: a person ordinarily resident in New Zealand ordinarily resident in New Zealand section 4 of the Crimes Act 1961 security section 2 of the New Zealand Security Intelligence Service Act 1969
4: Subsection (2) section 216A of the Crimes Act 1961
47: Regulations
1: Section 134(1) paragraph (d)
2: Section 134(1) paragraph (g)
g: providing for the prohibition or control of the installation, use, sale, distribution, or manufacture of interfering equipment or susceptible equipment, and for the compulsory recall by a supplier of such equipment or any equipment that does not comply with regulations made under this Act:
ga: prescribing search references for access to the Register:
gb: prescribing the persons or class of persons to whom information on the Register may be disclosed and the purposes for which the information may be disclosed:
gc: prescribing the matters to which an arbitral tribunal must have regard under section 109A
gd: prescribing the classes of persons who may intercept radiocommunications under section 133A .
3: Section 134(1) paragraph (j)
j: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section:
ja: prescribing those breaches of regulations made under paragraph (g)
jb: prescribing forms of infringement notices, and any other particulars to be contained in infringement notices, and prescribing the infringement fee (not exceeding $2,000) for each infringement offence. Different forms and different fees may be prescribed for different offences: .
48: Regulations prescribing fees
Section 135(1) providing for the method of payment of, or
49: Recovery of fees
1: Section 136(1) made under this Act , until paid in full, constitutes a debt to the Crown, and
2: Section 136
a: by inserting in subsection (1) Secretary or the Registrar
b: by inserting in subsection (2) Secretary or the Registrar
50: Application of
Commerce Act 1986
1: Section 138(1) licences spectrum
2: Section 138(2) paragraph (b)
3: Section 138(3) licence spectrum
51: Transitional rights in relation to frequencies in
Schedule 6 Section 162 subsection (1)
1A: For the purposes of this section and section 168, channel
52: Bodies specified in Schedule 7 entitled to licence
Section 170(4) of Broadcasting
53: Amendment of advertising restrictions, etc
Section 172 of Broadcasting
54: Amendments to principal Act
The principal Act is consequentially amended in the manner indicated in Schedule 1
55: New Schedule 1 substituted
The principal Act is amended by repealing the First Schedule First Schedule Schedule 2
56: Provisions relating to unregistered spectrum licences
If, at the commencement of this Act, a radio engineer's certificate has been executed, that certificate expires 3 months after the date of commencement of this Act.
57: Interference caused by lawful exercise of rights
If, before the commencement of this Act, a rightholder has given notice in accordance with section 107 109
58: Transitional provisions relating to power floors
1: Where a record of management rights registered in accordance with the principal Act was in force immediately before the commencement of this Act, the power floor applying to each frequency in that record of management rights is, unless modified in accordance with section 34B section 17
2: Every reference in the principal Act (as amended by this Act) to a power floor for those records of management rights to which subsection (1) section 34B section 17
3: Every application for a management right made before the commencement of this Act is deemed to include a power floor of -50dbw.
59: Spectrum licences registered in accordance with
Part 3
1: Where any licence was registered in accordance with Part 3 Part 3
2: Nothing in this Act authorises any manager to create any further spectrum licence in relation to any frequency within a record of management rights if the spectrum licence would contravene provisions relating to maximum permitted interfering signals or receive coverage location in a licence granted in accordance with Part 3
3: Where a licence granted in accordance with Part 3
4: A licence to which subsection (1) section 57B 57C section 25
5: If maximum permitted interfering signals specified in a licence granted in accordance with Part 3 sections 106 to 109A
60: Licences granted under
Part 13
1: Where any licence has been granted for the installation, operation, or use of radio apparatus in accordance with Part 13 section 140
a: the licence is deemed to include a requirement that persons transmitting in accordance with the licence comply with Schedule 1 section 55
b: the frequencies in the licence used to describe the radio apparatus are the frequencies on which the transmission of radio waves are authorised by the licence.
2: If a licence to which subsection (1)
61: Addition to
Schedule 2 Privacy Act 1993 Part 1 Privacy Act 1993 Motor Vehicle Securities Act 1989 Radiocommunications Act 1989 5 6 28
62: Transitional rights in relation to frequencies in
Schedule 6 Section 162(2) 48(b) 48
63: Transitional provisions in relation to frequencies in Schedule 7
Section 170 48(b) 48
64: Revocation of notices
The following notices are revoked:
a: the Radio Interference Notice 1958 (SR 1958/109)
b: the Radio (Television) Interference Notice 1961 (SR 1961/29)
c: the Radio Interference Notice 1985 (SR 1985/140)
d: the Radio Interference Notice 1988, published in the Gazette
e: the Exemptions of Radio Apparatus from Licensing Notice 1992, published in the Gazette |
DLM54921 | 2000 | Citizenship Amendment Act 2000 | 1: Title
1: This Act is the Citizenship Amendment Act 2000.
2: In this Act, the Citizenship Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Citizenship by descent
1: Section 7(2) 2 4
2: Section 7
4: The citizenship of any New Zealand citizen by descent that has lapsed before the commencement of the Citizenship Amendment Act 2000 is reinstated with effect from the time it lapsed. |
DLM54930 | 2000 | Customs and Excise Amendment Act 2000 | 1: Title
1: This Act is the Customs and Excise Amendment Act 2000.
2: In this Act, the Customs and Excise Act 1996 the principal Act
2: Commencement
Except as provided in section 4(2)
3: Schedule 3 amended
1: The principal Act is amended by repealing so much of Schedule 3 Schedule
2: The following orders are consequentially revoked:
a: Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 1999 (SR 1999/390)
b: Excise and Excise-Equivalent Duties (Tobacco Products) Modification Order 2000 (SR 2000/3)
4: Amendment to Customs and Excise Regulations 1996
1: Regulation 70(3) Customs and Excise Regulations 1996 paragraph (a)
aa: any tobacco products, that is, any goods specified in headings 24.02, 24.03, 99.60 and 99.65 of the Third Schedule of the Act
2: This section comes into force on 8 June 2000.
5: Transitional provision relating to minimum amount of duty collectable on tobacco products
1: For the period beginning on 10 May 2000 and ending with the close of 7 June 2000, where some or all goods referred to in subclauses (1) and (2) of regulation 70 Customs and Excise Regulations 1996 $50 $60
2: In subsection (1) tobacco products Schedule 3 |
DLM54947 | 2000 | Energy Efficiency and Conservation Act 2000 | 1: Title
This Act is the Energy Efficiency and Conservation Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
3: Interpretation
In this Act, unless the context otherwise requires,— Authority section 20 energy conservation energy efficiency environment Resource Management Act 1991 Minister publicly notify
a: in 1 or more daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
b: in the Gazette
c: on the Internet in an electronic form that is publicly accessible;— and public notification strategy transferred employee section 32 Section 3 environment amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
4: Act binds the Crown
This Act binds the Crown.
5: Purpose
The purpose of this Act is to promote, in New Zealand, energy efficiency, energy conservation, and the use of renewable sources of energy.
6: Sustainability principles
In achieving the purpose of this Act, all persons exercising responsibilities, powers, or functions under it must take into account—
a: the health and safety of people and communities, and their social, economic, and cultural well-being; and
b: the need to maintain and enhance the quality of the environment; and
c: the reasonably foreseeable needs of future generations; and
d: the principles of the Treaty of Waitangi Ministerial responsibilities
7: Responsibilities of Minister
The Minister is responsible for—
a: developing the Government's policy on the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy:
b: developing a national energy efficiency and conservation strategy:
c: promoting public awareness in New Zealand of the importance of energy efficiency and conservation, and the use of renewable sources of energy, by—
i: providing information and advice; and
ii: fostering education programmes:
d: promoting practices and technologies that further energy efficiency, energy conservation, and the use of renewable sources of energy:
e: arranging for the conduct of such research, assessments, demonstrations, and studies as the Minister thinks fit:
f: monitoring and reviewing the state of energy efficiency, energy conservation, and the use of renewable sources of energy in New Zealand:
g: publishing such relevant information, research, and other material as the Minister thinks fit. National energy efficiency and conservation strategy
8: Preparation and issue of initial strategy
The Minister must ensure that,—
a: on or before 1 April 2001, a draft strategy is prepared and publicly notified in accordance with section 15
b: on or before 1 October 2001, the strategy is issued under section 17
9: Ongoing obligation to ensure strategy in place
The Minister must ensure that, at all times after the initial strategy referred to in section 8 section 12(1) Contents and term of strategy
10: Purpose and contents of strategy
1: The purpose of a strategy is to give effect to the Government's policy on the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy.
2: The strategy must state—
a: the Government's policies in relation to the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy; and
b: the objectives to be pursued to achieve the Government's policies in relation to the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy; and
c: targets to achieve those policies and objectives, being targets that are measurable, reasonable, practicable, and considered appropriate by the Minister; and
d: means by which those policies and objectives, and any such targets, are to be achieved; and
e: such other matters as may be necessary to achieve the purpose of this Act.
11: Consistency with national policy statements
A strategy must be consistent with any national policy statement for the time being in force under the Resource Management Act 1991 Section 11 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
12: Term of strategy
1: Subject to subsection (4), a strategy comes into force on the day after the date on which it is first published under section 17
2: The Minister must, at least 6 months before the end of the term of a strategy, determine whether or not the strategy needs to be replaced by a new strategy.
3: If the Minister determines that the strategy should be replaced, the Minister must, as soon as practicable,—
a: give public notification that the determination has been made; and
b: ensure that a replacement strategy is prepared and issued in accordance with the procedure specified in sections 13 to 17
4: If the Minister determines that the strategy does not need to be replaced, the strategy continues in force for a term of 5 years beginning with the expiry of the immediately preceding term of the strategy. Procedure for implementing strategy
13: Preparation of draft strategy
1: The Minister may direct the Authority—
a: to prepare a draft strategy for approval by the Minister; and
b: in preparing the draft strategy, to seek, from the persons listed in subsection (2), comments on the matters to be provided for in the strategy.
2: In preparing a draft strategy, the Minister or, if a direction is given to the Authority under subsection (1), the Authority must seek comments from—
a: such representatives, as the Minister or the Authority, as the case may require, considers appropriate, of—
i: industry and commerce:
ii: environmental and community organisations:
iii: Maori organisations:
iv: local authorities; and
b: the Parliamentary Commissioner for the Environment.
3: The Minister or the Authority, as the case may require, may seek comments from any other person.
14: Approval of draft strategy by Minister if draft prepared by Authority
1: If a direction is given to the Authority under section 13(1)
2: The Minister may, before approving the draft strategy, require the Authority to make such changes to the draft strategy as the Minister considers appropriate.
15: Public notice of draft strategy
1: After considering any comments received under section 13 section 14
a: is publicly notified; and
b: is available for inspection by any person at such places as the Minister considers appropriate.
2: A notice published under subsection (1)(a) must—
a: give reasonable notice of the contents of the draft strategy; and
b: specify the places at which, and the times at which, the draft strategy may be inspected; and
c: state that submissions on the draft strategy may be made to the Authority; and
d: state how submissions may be made; and
e: specify the date by which submissions must be received.
16: Submissions on draft strategy
1: Any person may make a submission on a draft strategy.
2: Every such submission must be in writing.
3: A submission on the draft strategy must be received by the Authority no later than the date specified in the public notice given under section 15
4: The Authority must, following the expiry of the time for making submissions, arrange for a report and recommendations to be made to the Minister in respect of all submissions received in accordance with subsections (2) and (3).
17: Publication of strategy
1: The Minister must consider the report and recommendations made under section 16
2: After considering the report and recommendations, the Minister must—
a: provide every person who made a submission with a summary of the recommendations and of the Minister's decision on the recommendations; and
b: make the strategy available for public inspection at such places as the Minister considers appropriate; and
c: give public notification of the issue of the strategy (which notification must give reasonable notice of the contents of the strategy, incorporating any changes made under this section), and of the places at which it is available for inspection. Replacing or amending strategy
18: Replacement strategy
1: Despite section 12
2: In preparing a draft replacement strategy, the Minister must follow the procedure specified in sections 13 to 17
3: Despite section 12(1)
19: Amendments to strategy
1: The Minister may from time to time make amendments of a minor nature to a current strategy.
2: Before the Minister makes amendments to a current strategy under subsection (1), the Authority must consult with such persons as the Minister considers appropriate, including (without limitation) the persons specified in section 13(2)
3: The Minister must, in accordance with section 15
4: Nothing in this section or section 15 Energy Efficiency and Conservation Authority
20: Energy Efficiency and Conservation Authority
1: This section establishes the Energy Efficiency and Conservation Authority.
2: The Authority is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 20(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
21: Functions
1: The function of the Authority is to encourage, promote, and support energy efficiency, energy conservation, and the use of renewable sources of energy by—
a: advising the Minister on any matter relating to or affecting—
i: energy efficiency and conservation, and the use of renewable sources of energy in New Zealand; or
ii: the functions of the Authority:
b: assisting the Minister to prepare and administer a strategy:
c: promoting public awareness in New Zealand of the importance of energy efficiency and conservation, and the use of renewable sources of energy:
d: promoting practices and technologies to further energy efficiency, energy conservation, and the use of renewable sources of energy:
e: arranging for the conduct of research, assessments, demonstrations, and studies:
f: monitoring and reviewing the state of energy efficiency, energy conservation, and the use of renewable sources of energy in New Zealand:
g: publishing relevant information, research, and other material:
h: carrying out such other functions and duties as are conferred or imposed on it by any enactment.
2: The Authority must perform its functions to achieve the purpose of this Act, and in accordance with the strategy for the time being in force.
3: Subsection (2) does not limit section 14(2) Section 21(3) added 25 January 2005 section 200 Crown Entities Act 2004
22: Powers
1:
2: The Authority may
a:
b:
c:
d:
3: This section does not limit sections 16 17 Section 22(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(d) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
23: Authority to comply with Government policy and Minister's directions
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Membership of Authority
1: The board of the Authority consists of no fewer than 6, and no more than 8, members.
2: Before appointing a member of the Authority, the Minister must publicly invite nominations of persons who wish to be appointed as members of the Authority.
3:
4: Section 24(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 24(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 24(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Eligibility for appointment as member of Authority
1: The Minister must, in appointing a member of the Authority, have regard to the need for members to have between them a balanced mix of knowledge and experience in matters relevant to the functions of the Authority.
2: Knowledge and experience that is relevant includes knowledge of and experience in—
a: the energy sector:
b: the environment:
c: community organisations:
d: commerce, marketing, and communications:
e: governance and public sector management:
f: science and technology.
3: This section does not limit section 29 Section 25(3) added 25 January 2005 section 200 Crown Entities Act 2004
26: Resignation from office
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Appointment of chairperson and deputy chairperson
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Exercise of chairperson's functions, powers, and duties by deputy chairperson
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Authority deemed to be public authority
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Annual report on performance
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Further provisions applying to Authority
The provisions in the Schedule
32: Transfer of employees
1: Where the chief executive of the Ministry of Economic Development finds, in respect of any duties being carried out by the ministry, that those duties are no longer to be carried out by the ministry and are to be carried out (in whole or in part) by the Authority, the chief executive of the ministry and the Authority may agree to the transfer, from that ministry to the Authority, of all or any of the employees of the ministry who are carrying out those duties.
2: Before transferring an employee under subsection (1), the Authority and the chief executive of the ministry must consult with the employee about the proposed transfer.
3: Subsection (1) is subject to subsection (2).
4: The power conferred by this section to transfer an employee is subject to the employment contract applying to that employee.
33: Protection of terms and conditions of employment
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before his or her transfer.
2: Subsection (1) continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the Authority.
34: Continuity of employment
Every transferred employee becomes, on his or her transfer, an employee of the Authority, but, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of each such employee,—
a: the contract of employment of that employee is deemed to have been unbroken; and
b: the employee's period of service with the ministry, and every other period of service of the employee that is recognised by the ministry as continuous service, is deemed to have been a period of service with the Authority.
35: No compensation for technical redundancy
1: No transferred employee is entitled to any compensation for redundancy or any severance payment solely on the ground that—
a: the position held by the person in the Ministry of Economic Development has ceased to exist; or
b: the person has ceased to be an employee of the Ministry of Economic Development.
2: This section applies despite section 32(4) Regulations
36: Regulations
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing minimum energy performance standards for energy-using products and services, including all vehicles:
b: prescribing requirements in relation to the labelling of products, including all vehicles, in terms of their energy efficiency or proficiency in conserving energy:
ba: prescribing requirements in relation to the labelling of vehicles in terms of their carbon dioxide emissions and any financial rebates receivable or charges payable relating to those emissions:
c: requiring specified classes of persons to provide, on the request of the Authority, evidence in the specified form that a minimum energy performance standard prescribed under paragraph (a) has been complied with:
d: prescribing, for the purposes of paragraphs (a) to (c), the form and manner of testing or verifying the energy performance of energy-using products and services, including vehicles:
e: requiring, for the purposes of paragraphs (a) to (c), specified classes of persons to certify, in the prescribed form and manner, as to the energy performance of energy-using products and services, including vehicles:
f: requiring specified classes of persons to supply prescribed information to the Authority for the purpose of compiling statistics on energy efficiency, energy conservation, and the use of renewable sources of energy:
g: prescribing offences in respect of the contravention of, or non-compliance with, any provision of any regulations made under this section:
h: prescribing the amount of the fines that may be imposed in respect of any offences against any regulation made under this section, which fines must be an amount not exceeding $10,000.
2: Before making regulations under this section, the Minister must—
a: publicly notify the proposal to make the regulations; and
b: give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposed regulations; and
c: consult with such persons as the Minister in each case considers appropriate.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 36(1)(ba) inserted 23 February 2022 section 24 Land Transport (Clean Vehicles) Amendment Act 2022 Section 36(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Incorporation of material by reference
Section 37 repealed 30 May 2017 section 140 Regulatory Systems (Commercial Matters) Amendment Act 2017
38: Confidentiality of information
1: This section applies to information supplied to the Authority in accordance with regulations made under section 36(1)(f)
2: The information may be used only for statistical purposes.
3: Subject to subsection (5), no person, other than an employee of the Authority, may be permitted to see information that relates to a particular person, except for the purposes of a prosecution or proposed prosecution against regulations made under section 36
4: Except for the purposes of a prosecution or proposed prosecution against regulations made under section 36
a: may be disclosed only to—
i: an employee of the Authority; or
ii: a person to whom the information relates; and
b: may be published only in accordance with subsection (5).
5: The Authority may publish statistical information only if it is arranged in such a manner as to prevent any information published from being identifiable by any person (other than the person who supplied the information) as information relating to a particular person, unless—
a: that person has consented to the publication of the information in that manner, or has already permitted its publication in that manner; or
b: the publication of the information in that manner could not reasonably have been foreseen by the Authority or any employee of the Authority.
5A: Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022
6: Nothing in the Official Information Act 1982 Privacy Act 2020 Section 38(5A) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 38(6) amended 1 December 2020 section 217 Privacy Act 2020
39: Offence
Every person commits an offence and is liable on section 38 Section 39 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Related amendments to other Acts Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
40: Amendment to Ombudsmen Act 1975
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Amendment to Official Information Act 1982
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Amendment to Public Finance Act 1989
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004 |
DLM55828 | 2000 | Tariff (Zero Duty Removal) Amendment Act 2000 | 1: Title
1: This Act is the Tariff (Zero Duty Removal) Amendment Act 2000.
2: In this Act, the Tariff Act 1988 the principal Act
2: Commencement
This Act comes into force on 1 June 2000.
3: Repeal of provisions relating to removal and reductions of tariff duties
1: The principal Act is amended by repealing sections 3A 3B
2: The principal Act is consequentially amended—
a: by omitting from section 2 , subject to sections 3A and 3B
b: by omitting from section 3 (but subject to sections 3A and 3B
c: by omitting note A1 from the beginning of Schedule 1
4: Repeal of
Tariff (Zero Duty) Amendment Act 1998 The Tariff (Zero Duty) Amendment Act 1998
5: Cancellation of future reductions in duty by Order in Council
Nothing in section 9(2)
a: the reduction or removal of duty—
i: is specified in an Order in Council; and
ii: has not yet taken effect; and
b: the Governor-General is satisfied that the reduction or removal of duty was made to give effect to sections 3A 3B section 3 |
DLM55839 | 2000 | Parliamentary Service Act 2000 | 1: Title
This Act is the Parliamentary Service Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
1: Preliminary provisions
Interpretation Heading inserted 1 January 2011 section 4 Parliamentary Service Amendment Act 2010
3: Interpretation
In this Act, unless the context otherwise requires,— Bowen House lease the lease
a: the building known as Bowen House situated on the corner of Lambton Quay and Bowen Street in Wellington; or
b: any land adjoining that building Chief Executive department section 5 Deputy Speaker
a: the Deputy Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Deputy Speaker at the time of the dissolution or expiry of the Parliament election advertisement section 3A section 5 electioneering
a: a communication of the kind described in section 3B(2)(a)
b: an advertisement of the kind described in section 3B(2)(b)
c: an advertisement of the kind described in section 3B(2)(c) funding entitlements for parliamentary purposes section 3B government initiated referendum Leader of the House Parliamentary Corporation Corporation section 27 parliamentary precincts
a: the land described in Schedule 3
b: land and premises that are subject to the Bowen House lease:
c: any other land or premises added to the parliamentary precincts by a resolution of the House of Representatives under section 25 Parliamentary Service Service section 6 Parliamentary Service Commission Commission section 13 public service section 10 qualifying electoral candidate section 5 recognised party referendum advertisement regulated period section 3B(2) and (3) section 5 regulated period Remuneration Authority section 5 review committee section 20 Speaker
a: the Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the close of any polling day at a general election and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Speaker of the House of Representatives on that day support services Section 3 Chief Executive inserted 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 department amended 7 August 2020 section 135 Public Service Act 2020 Section 3 election advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 electioneering inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 funding entitlements for parliamentary purposes inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 General Manager repealed 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 government initiated referendum inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 public service replaced 7 August 2020 section 135 Public Service Act 2020 Section 3 qualifying electoral candidate inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013 Section 3 referendum advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 Remuneration Authority inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013
3A: Meaning of publish in sections 3B and 3C
In sections 3B 3C publish
a: including—
i: displaying on any medium:
ii: distributing by any means:
iii: delivering to an address:
iv: leaving at a place:
v: sending by post or otherwise:
vi: printing in a newspaper or other periodical:
vii: broadcasting by any means:
viii: disseminating by means of the Internet or any other electronic medium:
ix: storing electronically in a way that is accessible to the public:
x: incorporating in a device for use with a computer:
xi: inserting in a film or video; but
b: excluding addressing 1 or more persons face to face. Section 3A inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3B: Meaning of funding entitlements for parliamentary purposes
1: In this Act, unless the context otherwise requires, funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party of its role and functions as a recognised party:
c: the provision of accommodation services for members of Parliament and qualifying electoral candidates and travel services for family members of those persons in accordance with a determination made by the Remuneration Authority under section 17(1)
d: the provision of travel services for members of Parliament and qualifying electoral candidates in accordance with directions issued by the Speaker under section 23(1)(a)
e: the provision of communications services (other than services including electioneering) in accordance with directions issued by the Speaker under section 23(1)(c)
f: the provision of travel services in accordance with directions issued by the Speaker under section 23(1)(f)
g: the provision of services and resources to qualifying electoral candidates in accordance with directions issued by the Speaker under section 23
2: However, funding entitlements for parliamentary purposes
a: any communication that explicitly—
i: seeks or discourages support for the election of a particular person or people; or
ii: seeks or discourages support for the casting of a party vote for a particular political party or political parties; or
iii: encourages a person to become or discourages a person from becoming a member of a particular political party or political parties; or
iv: solicits subscriptions or other financial support; or
v: seeks support for casting a vote for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993
vi: seeks support for casting a vote for one of the responses to a proposal to be put to electors in a government initiated referendum; or
b: an election advertisement published during the regulated period in relation to a general election, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
c: a referendum advertisement published during the regulated period in relation to a government initiated referendum, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
d: the provision of travel, accommodation, and communications services in accordance with any determination made by the Speaker of the House of Representatives under section 34 relations programme
3: Subsection (2)(b) and (c) are subject to section 3C Section 3B inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010 Section 3B(1)(c) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(d) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(e) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(f) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(g) inserted 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)(d) amended 16 December 2013 section 49(2)(a) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)(d) amended 16 December 2013 section 49(2)(b) Members of Parliament (Remuneration and Services) Act 2013
3C: Apportionment of funding for election advertisement or referendum advertisement published both before and during regulated period
1: This section applies if—
a: an election advertisement is published—
i: before the regulated period in relation to a general election and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a general election; or
b: a referendum advertisement is published—
i: before the regulated period in relation to a government initiated referendum and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a government initiated referendum.
2: If this section applies,—
a: the expenses for the publication of the advertisement must be apportioned so that only a fair proportion of the expenses is attributed to the publication of the advertisement during the regulated period; and
b: only expenses attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a) are excluded from funding entitlements for parliamentary purposes under section 3B(2)(b) and (c)
c: expenditure under Vote Parliamentary Service in respect of the publication of the advertisement is invalid only to the extent, and from the date, that expenses are attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a). Section 3C inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3D: Opinion given by Electoral Commission may be taken into account in determining whether advertisement is election advertisement
An opinion given to any person by the Electoral Commission under section 204I(3) section 7 section 3B(2)(b) Section 3D inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3E: Interpretation of determinations and directions under Members of Parliament (Remuneration and Services) Act 2013
Every determination made by the Remuneration Authority under section 17 section 23 sections 3B 3C Section 3E replaced 16 December 2013 section 50 Members of Parliament (Remuneration and Services) Act 2013 Purposes Heading inserted 1 January 2011 section 7 Parliamentary Service Amendment Act 2010
4: Purposes of this Act
The purposes of this Act are as follows:
a: to establish mechanisms for providing services and funding entitlements for parliamentary purposes:
b: to provide for the governance arrangements of the Parliamentary Service, in particular, by making the Chief Executive
c: to reconstitute the Parliamentary Service Commission as a policy body:
d: to provide for regular and independent reviews of the amounts appropriated in Appropriation Acts for services and funding to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
e: to provide for the ownership and control of land and other assets held for parliamentary purposes. Section 4(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 4(d) replaced 16 December 2013 section 51 Members of Parliament (Remuneration and Services) Act 2013
5: Act to bind the Crown
This Act binds the Crown.
2: Delivery of services and funding entitlements for House of Representatives and its members
Parliamentary Service
6: Parliamentary Service
1: There continues to be a service called the Parliamentary Service.
2: The Parliamentary Service is not an instrument of the executive government.
3: The Parliamentary Service is the same service as that established by section 3 of the Parliamentary Service Act 1985 1985 No 128 s 3
7: Principal duties of Parliamentary Service
The principal duties of the Parliamentary Service are—
a: to provide administrative and support services to the House of Representatives and to members of Parliament; and
b: to administer the payment of funding entitlements for parliamentary purposes, except those funding entitlements for parliamentary purposes that the Speaker and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services agree should not be administered by the Parliamentary Service; and
c: to administer the entitlements of members of the Executive under Part 3
d: to administer the payment of the travel entitlements of former members of Parliament. 1985 No 128 s 4(1) Section 7(b) replaced 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(c) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(d) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013
8: Services and administration of funding in accordance with Members of Parliament (Remuneration and Services) Act 2013, determinations and directions, etc
1: In carrying out its duties under section 7(a) to (c)
a: Part 3
b: directions issued by the Speaker under subsection (3) in respect of services to be provided to the House of Representatives.
2: In carrying out its duties under section 7(d) sections 39 to 42 section 41
3: The Speaker must, in each financial year, issue directions to the Parliamentary Service as to the nature of the administrative and support services to be provided to the House of Representatives and the objectives to be achieved by the Service in providing those services.
4: The Speaker must take into account any relevant advice and any relevant recommendation of the Parliamentary Service Commission given under section 14(1) Section 8 replaced 16 December 2013 section 53 Members of Parliament (Remuneration and Services) Act 2013
9: Other functions of Parliamentary Service
1: The Parliamentary Service may, with the approval of the Speaker, provide administrative and support services for the following persons and agencies:
a: any officer of the House of Representatives:
b: any officer of Parliament:
c: any office of Parliament:
d: any department or other instrument of the Crown.
2: The Service has any other function, power, and duty that is conferred or imposed on it by or under an enactment.
3: This Act does not limit the provision to the House of Representatives or to members of Parliament of administrative and support services by any other department or other instrument of the Crown. 1985 No 128 s 4
9A: Application of section 9C to electoral candidates
Section 9A repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9B: Speaker may give directions for provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9B repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9C: Provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9C repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9D: Speaker to take into account advice and recommendations of Commission
Section 9D repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013 Chief Executive Heading amended 24 October 2019 section 106 Statutes Amendment Act 2019
10: Chief Executive The Chief Executive 1985 No 128 s 28 Section 10 heading amended 24 October 2019 section 104(1) Statutes Amendment Act 2019 Section 10 amended 24 October 2019 section 104(2) section 105 Statutes Amendment Act 2019
11: Principal responsibilities of
Chief Executive
1: The Chief Executive
a: the carrying out of the duties and functions of the Parliamentary Service:
b: the tendering of advice to the Speaker and to the Parliamentary Service Commission:
c: the general conduct of the Service:
d: the efficient, effective, and economical management of the activities of the Service.
2: In addition to the responsibilities in subsection (1), the Chief Executive
a: ensure that information is provided in accordance with section 19
b: perform the functions conferred on the Chief Executive
3: The Chief Executive 1988 No 20 s 32 Section 11 heading amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(1) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(3) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Further provisions relating to Parliamentary Service
12: Further provisions relating to Parliamentary Service
Schedule 1
3: Policy relating to parliamentary resources and services
Parliamentary Service Commission
13: Parliamentary Service Commission
There is a commission called the Parliamentary Service Commission. 1985 No 128 s 5
14: Functions of Parliamentary Service Commission
1: The Parliamentary Service Commission has the following functions:
a: to advise the Speaker on the nature of the services to be provided to the House of Representatives, members of Parliament, parties, and qualifying electoral candidates (other than services in respect of members participating in the official inter-parliamentary relations programme):
b: to advise the Speaker on proposed directions relating to the allocation and administration of funding appropriated in Appropriation Acts to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
c: to recommend to the Speaker persons who are suitable to be members of a review committee.
2: The Commission may at any time require the Speaker or the Chief Executive
3: The Commission has any other function or power conferred on it by or under any enactment.
4: The Commission does not have a role in relation to—
a: business transacted at meetings of the House of Representatives or meetings of committees of the House of Representatives; or
b: any other proceedings in Parliament ; or
c: any matter for which the Clerk of the House of Representatives has responsibility. 1985 No 128 s 6(2), (4), (5) Section 14(1) replaced 16 December 2013 section 56(1) Members of Parliament (Remuneration and Services) Act 2013 Section 14(1)(c) replaced 17 December 2016 section 75 Statutes Amendment Act 2016 Section 14(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 14(4)(b) amended 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013 Section 14(4)(c) inserted 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013
15: Membership of Commission during term of Parliament
1: During the term of each Parliament, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a member of Parliament nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a member of Parliament nominated from time to time by the Leader of the Opposition:
d: such number of members of Parliament as are appointed from time to time by resolution of the House of Representatives, that number to be determined in accordance with subsection (2).
2: The number of members to be appointed under subsection (1)(d) is to be determined as follows:
a: one member for each recognised party that is represented in the House of Representatives by 1 or more members; and
b: an additional member for each recognised party that—
i: is represented in the House of Representatives by 30 or more members; and
ii: does not include among its members the Speaker, the Leader of the House, or the Leader of the Opposition.
3: No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed under subsection (1)(d) as a member of the Commission.
4: No person may be appointed under subsection (1)(d) unless the person is a member of the recognised party in respect of which the appointment is made.
5: Past service on the Commission is no bar to nomination or appointment as a member of the Commission.
6: To avoid any doubt, every member of Parliament who acts as a member of the Commission is, in so acting, acting in his or her official capacity as a member of Parliament. 1985 No 128 s 7 1996 No 46 s 7(4)
16: Chairperson of Commission
1: The Speaker is the chairperson of the Parliamentary Service Commission.
2: When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Commission.
17: Vacation of office by nominated or appointed members
1: A member of the Parliamentary Service Commission who holds office because of a nomination under section 15(1)(b) or (c)
a: the person by whom that member was nominated revokes the nomination of that member or nominates, instead of that member, another member of Parliament:
b: Parliament is dissolved or expires:
c: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
2: A member of the Commission who holds office under section 15(1)(d)
a: the House of Representatives rescinds the resolution by which the member was appointed or resolves to appoint to the Commission, instead of that member, another member of Parliament:
b: the member is appointed as a Minister of the Crown or as a Parliamentary Under-Secretary:
c: Parliament is dissolved or expires:
d: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
3: A member of the Commission who holds office because of a nomination or an appointment may, by written notice to the chairperson of the Commission, resign the office at any time. 1985 No 128 s 8
18: Membership of Parliamentary Service Commission between Parliaments
1: Throughout each period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election of its members, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a person nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a person nominated from time to time by the Leader of the Opposition.
2: No person may be nominated under subsection (1)(b) or (c) unless the person is a member of Parliament or was, at the dissolution or expiry of the Parliament, a member of Parliament.
3: The Speaker continues to be the chairperson of the Commission throughout the period specified in subsection (1). 1985 No 128 s 10
19: Further provisions relating to Commission
Schedule 2 Review committee
20: Establishment of committee to review
annual
1: The Speaker may from time to time, and must at least once during every term of Parliament, establish a review committee of up to 3 persons to review the amounts of money appropriated in Appropriation Acts for the following purposes:
a: administrative and support services provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
b: communications services provided to members of Parliament and qualifying electoral candidates:
c: party and member support funding.
2: No person appointed to the review committee may be a member of Parliament or an officer or employee of the Parliamentary Service.
3: Before appointing a person to the review committee, the Speaker must—
a: consult with the Parliamentary Service Commission about the proposed appointment; and
b: take into account any relevant recommendation made by the Commission under section 14(1)(c)
4: The Speaker may appoint persons to the review committee on any terms and conditions, including terms and conditions as to remuneration and travelling allowances, that the Speaker considers appropriate. Section 20 heading amended 16 December 2013 section 57(1) Members of Parliament (Remuneration and Services) Act 2013 Section 20(1) replaced 16 December 2013 section 57(2) Members of Parliament (Remuneration and Services) Act 2013
21: Work of review committee
1: In carrying out its work, the review committee must consider—
a: whether the amounts of money appropriated are being used efficiently; and
b: whether the amounts of money appropriated are adequate to enable members of Parliament, parties, and qualifying electoral candidates to effectively perform their respective functions; and
c: the need for fiscal responsibility.
2: The review committee may, subject to any written direction by the Speaker, regulate its own procedure. Section 21 replaced 16 December 2013 section 58 Members of Parliament (Remuneration and Services) Act 2013
22: Report by committee
1: The review committee must—
a: set out in a report the details of its review and the conclusions reached and recommendations formulated as a result of the review; and
b: submit the report to the Speaker within 3 months after the date on which the review committee is established, or within any further time the Speaker allows.
2: Before submitting its report to the Speaker, the review committee must consult with the Parliamentary Service Commission by seeking—
a: the views of the Commission on the matters to be included in the review committee's report; and
b: the comments of the Commission on any preliminary assessments or recommendations that the review committee proposes to include in the report.
3: The Speaker must present the report to the House of Representatives not later than 6 sitting days after the date on which the review committee submits its report to the Speaker.
4: Land and other assets held for parliamentary purposes
Parliamentary precincts
23: Parliament grounds
The land described in Schedule 3
a: to be vested in fee simple in Her Majesty the Queen for parliamentary purposes; and
b: to be held under the Public Works Act 1981
24: Leased premises in Bowen House
1: On the commencement of this Act, the interests, licences, and rights of the Parliamentary Service Commission under the Bowen House lease cease to be vested in the Parliamentary Service Commission, and vest instead in the Parliamentary Corporation.
2: No person is entitled to terminate, alter, or otherwise affect in any way the interests, licences, and rights vested in the Parliamentary Corporation by subsection (1), simply because of the vesting under that subsection.
3: The Chief Executive Chief Executive’s
4: As long as any land or premises that are subject to the lease continue to be part of the parliamentary precincts, any person may send to the Chief Executive Chief Executive Chief Executive’s Section 24(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 24(4) amended 24 October 2019 section 106 Statutes Amendment Act 2019
25: House of Representatives may add land to parliamentary precincts
1: The House of Representatives may from time to time, by resolution,—
a: add any land or premises to the parliamentary precincts; or
b: exclude from the parliamentary precincts any land or premises that are part of the parliamentary precincts by virtue of this Act.
2: The House of Representatives may at any time revoke, vary, or modify a resolution under subsection (1).
3: No land or premises may be added under this section to the parliamentary precincts unless the Crown or the Parliamentary Corporation holds, on the date on which the resolution takes effect, an interest in the land or premises.
4: A resolution under subsection (1) or (2) is secondary legislation ( see Part 3
5: The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. Section 25(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Parliamentary precincts under control of Speaker
1: The control and administration of the whole of the parliamentary precincts is vested in the Speaker on behalf of the House of Representatives, whether Parliament is in session or not.
2: The Speaker and every person authorised by the Speaker for the purpose has and may exercise, in respect of every part of the parliamentary precincts, all the powers of an occupier under the Trespass Act 1980 Parliamentary Corporation
27: Parliamentary Corporation
1: There is a corporation called the Parliamentary Corporation.
2: The Parliamentary Corporation is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
3: The Parliamentary Corporation may exercise its powers only for the purpose of performing its functions.
4: Subsection (2) is subject to section 31
28: Functions of Parliamentary Corporation
The Parliamentary Corporation has the following functions:
a: to facilitate transactions relevant to the duties of the Parliamentary Service:
b: to acquire, hold, and dispose of interests in land and other assets for parliamentary purposes.
29: Membership of Parliamentary Corporation
1: The Parliamentary Corporation consists of the following:
a: the Speaker:
b: the Chief Executive
c: 2 members of the Parliamentary Service Commission (other than the Speaker) appointed by the Commission.
2: A member of the Corporation who holds office under subsection (1)(c) ceases to be a member if one of the following events occurs:
a: the Parliamentary Service Commission revokes the appointment of the member or appoints, instead of that member, another person:
b: the member ceases to be a member of the Parliamentary Service Commission.
3: Despite subsection (2)(b), a member of the Corporation who holds office under subsection (1)(c) immediately before the dissolution or expiry of Parliament continues to hold office until the first meeting of the House of Representatives after the general election of its members.
4: A member of the Corporation who holds office under subsection (1)(c) may, by written notice to the chairperson of the Corporation, resign the office at any time. Section 29(1)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019
30: Specific powers of Parliamentary Corporation
1: For the purpose of performing its functions, the Parliamentary Corporation may do any or all of the following:
a: enter into deeds, contracts, or arrangements—
i: to purchase, take on lease, sub-lease, licence, or sub-licence any land or buildings or parts of buildings, or to acquire any other interest in land, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
ii: to sell, transfer, assign, or otherwise dispose of any lease, or other interest in land or buildings or parts of buildings, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
iii: to erect, alter, rebuild, or add to any building:
iv: to develop or improve any land:
v: to instal partitioning in any building or part of a building:
vi: to fit out any building or part of a building:
b: grant leases, tenancies, sub-leases, licences, or sub-licences over land or buildings or parts of buildings held by the Parliamentary Corporation, and create easements and restrictive covenants over such land or buildings, and accept surrenders or partial surrenders of interests granted by the Corporation:
c: incur other obligations relevant to the duties and functions of the Parliamentary Service.
2: This section does not limit the generality of section 27 1985 No 128 s 6A
31: No borrowing power
The Parliamentary Corporation has no power to borrow money.
32: Further provisions relating to Parliamentary Corporation
Schedule 4
5: Miscellaneous provisions
Exercise of Speaker's powers
33: Deputy Speaker may act as Speaker
When there is a vacancy in the office of Speaker or when the Speaker is (for whatever reason) absent from duty, the functions, duties, and powers of the Speaker under this Act or the Public Finance Act 1989
34: Delegation of powers by Speaker
1: The Speaker may delegate to a specified person any function, duty, or power (other than this power of delegation) that the Speaker has under this Act.
2: A delegation must be in writing and signed by the Speaker.
3: A delegate must exercise or perform functions, duties, or powers—
a: in accordance with any condition attaching to the delegation and any general or special direction given by the Speaker; but
b: otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.
4: Every person purporting to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.
35: Status of delegations
1: The Speaker is not prevented from exercising or performing any function, duty, or power delegated under section 34
2: The Speaker may revoke a delegation at any time by written notice to the delegate.
3: A delegation continues in force according to its tenor until it is revoked.
4: If the person who made the delegation ceases to hold office as Speaker, the delegation continues to have effect as if made,—
a: until the election of the next Speaker, by the Deputy Speaker; and
b: after that election, by the next Speaker. Recovery of amounts paid made outside entitlements Heading inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010
35A: Recovery of amounts paid outside entitlements to funding for parliamentary purposes
1: This section applies if the Parliamentary Service makes a payment against a claim to an entitlement to funding for parliamentary purposes and it is subsequently determined that the person or recognised party in respect of whom the payment was made did not have an entitlement to that funding under section 3B
2: If this section applies, the Parliamentary Service may recover from the person or recognised party, as a debt due to the Parliamentary Service, the amount paid. Section 35A inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010 Amendments to other Acts
36: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
37: Amendment to Higher Salaries Commission Act 1977
Amendment(s) incorporated in the Act(s)
38: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
39: Amendment to Public Finance Act 1989
Amendment(s) incorporated in the Act(s) Repeals
40: Repeals
1: The enactments specified in Schedule 5
2: Without limiting the provisions of the Interpretation Act 1999 Parliamentary Service Amendment Act 1991 section 9 of that Act |
End of preview. Expand
in Data Studio
README.md exists but content is empty.
- Downloads last month
- 52