Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698835462028.pdf (New Zealand)
Reprint as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Public Act 2008 No 64 Date of assent 9 September 2008 Commencement see section 2 Contents Title Commencement Part 1 Amendments to Statutes Amendment to Community Trusts Act 1999 Amendment to Community Trusts Act 1999 Amendments to Education Act 1989 Amendments to Education Act 1989 Amendments to Juries Act 1981 Amendments to Juries Act 1981 Amendments to Juries Amendment Act 2008 Amendments to Juries Amendment Act 2008 Amendments to Local Government Act 2002 Amendments to Local Government Act 2002 Note Page 3 3 3 3 5 5 5 Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Social Development.
1 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Reprinted as at 1 March 2017 4A Suspension of members Amendment to Maori Trust Boards Act 1955 Amendment to Maori Trust Boards Act 1955 Amendments to Maritime Transport Act 1994 Amendments to Maritime Transport Act 1994 Amendments to Motor Vehicle Sales Act 2003 Amendments to Motor Vehicle Sales Act 2003 Amendments to Mutual Insurance Act 1955 Amendments to Mutual Insurance Act 1955 Amendments to New Zealand Council for Educational Research Act 1972 Amendments to New Zealand Council for Educational Research Act 1972 Amendments to New Zealand Superannuation and Retirement Income Act 2001 Amendments to New Zealand Superannuation and Retirement Income Act 2001 Amendments to Public Trust Act 2001 Amendments to Public Trust Act 2001 Amendments to Reserve Bank of New Zealand Act 1989 Amendments to Reserve Bank of New Zealand Act 1989 Amendments to River Boards Act 1908 Amendments to River Boards Act 1908 Amendments to Sale of Liquor Act 1989 Amendments to Sale of Liquor Act 1989 Amendments to Social Security Act 1964 Amendments to Social Security Act 1964 Amendments to Soil Conservation and Rivers Control Act 1941 Amendments to Soil Conservation and Rivers Control Act 1941 Amendment to Taranaki Scholarships Trust Board Act 1957 Amendment to Taranaki Scholarships Trust Board Act 1957 Amendments to Te Ture Whenua Maori Act 1993 Amendments to Te Ture Whenua Maori Act 1993 Amendment to Trustee Act 1956 Amendment to Trustee Act Reprinted as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Part 1 s 4 Amendments to Waitangi National Trust Board Act 1932 23 Amendments to Waitangi National Trust Board Act 1932 Part 2 Amendments to Regulations Amendment to Child Support Rules 1992 24 25 26 Amendment to Child Support Rules 1992 Amendments to Freshwater Fish Farming Regulations 1983 Amendments to Freshwater Fish Farming Regulations 1983 Amendment to Weights and Measures Regulations 1999 Amendment to Weights and Measures Regulations 1999 11 12 12 12 The Parliament of New Zealand enacts as follows: 1 2 3 (1) (2) 4 (1) (2) (3) Title This Act is the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Amendments to Statutes Amendment to Community Trusts Act 1999 Amendment to Community Trusts Act 1999 This section amends the Community Trusts Act 1999.

Section 7(f) is repealed.

Amendments to Education Act 1989 Amendments to Education Act 1989 This section amends the Education Act 1989.

Section 103(1)(b) is repealed.
Section 104 is amended by inserting the following subsection after subsection (1): 3 Part 1 s 4 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Reprinted as at 1 March 2017 (1A) If a property order is made in respect of a trustee under section 30 of the Pro- tection of Personal and Property Rights Act 1988 (which relates to temporary orders),— (a) subsection (1)(d) does not apply to the trustee by virtue only of the mak- ing of that order; but (b) while the order remains in force, the trustee is deemed to have been granted leave of absence by the Board and is not capable of acting as a trustee during that period.
(4) Section 171(6) is amended by repealing paragraph (b) and substituting the fol- lowing paragraphs: (b) (ba) the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or the person is a person in respect of whom a personal order has been made under that Act that reflects adversely on his or her— (i) (ii) competence to manage his or her own affairs in relation to his or her property; or capacity to make or to communicate decisions relating to any par- ticular aspect or aspects of his or her personal care and welfare; or (5) Section 174(3) is amended by repealing paragraph (b) and substituting the fol- lowing paragraphs: (b) becomes subject to a property order under the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 of that Act); or (ba) becomes subject to a personal order under that Act that reflects adverse- ly on his or her— (i) (ii) competence to manage his or her own affairs in relation to his or her property; or capacity to make or to communicate decisions relating to any par- ticular aspect or aspects of his or her personal care and welfare; or (6) Section 174 is amended by inserting the following subsections after subsection (3): (3A) The Council may, by resolution, suspend a member of the Council (other than the chief executive) as a member if the member becomes subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
(3B) If a member is suspended under subsection (3A),— (a) (b) the suspension has effect as if the member had been granted leave of ab- sence; and the member is not capable of acting as a member during the period of suspension; and 4 Reprinted as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Part 1 s 7 (c) the suspension continues until the property order made under section 30 of the Protection of Personal and Property Rights Act 1988 ceases to be in force (but this does not affect any powers of the Council under sub- section (3) in respect of the member).
(7) Section 174(4) is amended by inserting “or suspending” after “dismissing”.

Amendments to Juries Act 1981 Amendments to Juries Act 1981 This section amends the Juries Act 1981.

The definition of physical disability in section 2 is repealed.

Section 2 is amended by inserting the following definition in its appropriate al- phabetical order: disability includes visual or aural impairment Section 8(i) is repealed.

Section 15(1)(aa) is amended by omitting “physical”.
The heading to section 16AA is amended by omitting “physical”.

Section 16AA(1) is amended by omitting “physical”.

Section 22(1)(b) is amended by omitting “physical”.

Section 25(1)(b) is amended by omitting “physical”.

Amendments to Juries Amendment Act 2008 Amendments to Juries Amendment Act 2008 This section amends the Juries Amendment Act 2008.

Section 11(1) is amended by omitting “physical” from new section 14B(3)(b) of the Juries Act 1981.
The heading to section 13 is amended by omitting “physical”.

Section 13(2) is amended by omitting “physical”.

Amendments to Local Government Act 2002 Amendments to Local Government Act 2002 This section amends the Local Government Act 2002.
Schedule 7 is amended by inserting the following clause after clause 4: 5 (1) (2) (3) (4) (5) (6) (7) (8) (9) 6 (1) (2) (3) (4) 7 (1) (2) 4A Suspension of members (1) A person’s office as member of a local authority is suspended while the person is subject to a property order made under section 30 of the Protection of Per- sonal and Property Rights Act 1988 (which relates to temporary orders).
(2) If subclause (1) applies,— 5 Part 1 s 8 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Reprinted as at 1 March 2017 (a) (b) the person is deemed to have been granted leave of absence and is not capable of acting as a member during the period of suspension; and the person may not do an act as a member while on leave of absence under paragraph (a).
(3) Clause 5(1) of Schedule 7 is amended by repealing paragraph (b) and substitut- ing the following paragraph: (b) becomes subject to a property order made under section 31 of the Protec- tion of Personal and Property Rights Act 1988; or (4) The amendments made by subsections (2) and (3) do not limit the power of the District Court under clause 2 of Schedule 7 of the Local Government Act 2002.

Section 7(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Amendment to Maori Trust Boards Act 1955 Amendment to Maori Trust Boards Act 1955 This section amends the Maori Trust Boards Act 1955.
Section 14(3) is amended by repealing paragraph (a) and substituting the fol- lowing paragraph: (a) a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 or for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or Amendments to Maritime Transport Act 1994 Amendments to Maritime Transport Act 1994 This section amends the Maritime Transport Act 1994.
Clause 4(b) of Schedule 2 is amended by omitting “; or” and substituting “,—”.

Clause 4(c) of Schedule 2 is repealed.

Schedule 2 is amended by inserting the following clause after clause 4: For the purposes of clause 4, disability has the meaning given by section 21(1)(h) of the Human Rights Act 1993.

Amendments to Motor Vehicle Sales Act 2003 Amendments to Motor Vehicle Sales Act 2003 This section amends the Motor Vehicle Sales Act 2003.

Section 24(l) is repealed.


Section 42 is amended by inserting the following subsection after subsection (1): 8 (1) (2) 9 (1) (2) (3) (4) 4A.
10 (1) (2) (3) 6 Reprinted as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Part 1 s 12 (1A) Subsection (1)(c) does not apply in respect of a motor vehicle trader who is dis- qualified from registration by virtue only of the making of a property order under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
Amendments to Mutual Insurance Act 1955 11 (1) (2) Amendments to Mutual Insurance Act 1955 This section amends the Mutual Insurance Act 1955.

Section 30(10)(d) is amended by— (a) (b) omitting “a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or becomes”; and inserting “(other than an order under section 30 of that Act)” after “1988”.
(3) Section 30 is amended by inserting the following subsection after subsection (10): (10A) A person’s office as director is suspended while the director is subject to a property order made under section 30 of the Protection of Personal and Proper- ty Rights Act 1988 (which relates to temporary orders) and, during that period,— (a) the person is deemed to have been granted leave of absence by the Board; and (b) the person is not capable of acting as a director.
Amendments to New Zealand Council for Educational Research Act 1972 12 (1) (2) Amendments to New Zealand Council for Educational Research Act 1972 This section amends the New Zealand Council for Educational Research Act 1972.
Section 5 is amended by repealing paragraph (a) and substituting the following paragraph: (a) a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988: (3) Section 7 is amended by inserting the following subsection after subsection (1): (1A) If a property order is made in respect of a member under section 30 of the Pro- tection of Personal and Property Rights Act 1988 (which relates to temporary orders),— (a) subsection (1)(c) does not apply to the member by virtue only of the making of that order; but 7 Part 1 s 13 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Reprinted as at 1 March 2017 (b) while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member during that period.
Amendments to New Zealand Superannuation and Retirement Income Act 2001 13 (1) (2) (3) 14 (1) (2) Amendments to New Zealand Superannuation and Retirement Income Act 2001 This section amends the New Zealand Superannuation and Retirement Income Act 2001.

Section 19(6)(a) is amended by omitting “; or”.

Section 19(6)(b) is repealed.

Amendments to Public Trust Act 2001 Amendments to Public Trust Act 2001 This section amends the Public Trust Act 2001.
Section 59(3) is amended by repealing paragraph (b) and substituting the fol- lowing paragraph: (b) is neither subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988 nor a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act.
(3) Section 61(4) is amended by repealing paragraph (b) and substituting the fol- lowing paragraph: (b) is neither subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988 nor a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act.

Amendments to Reserve Bank of New Zealand Act 1989 Amendments to Reserve Bank of New Zealand Act 1989 This section amends the Reserve Bank of New Zealand Act 1989.
Section 46(1)(j) is amended by omitting “; or”.

Section 46(1)(k) is repealed.

Section 58(i) is repealed.

Amendments to River Boards Act 1908 Amendments to River Boards Act 1908 This section amends the River Boards Act 1908.

15 (1) (2) (3) (4) 16 (1) 8 Reprinted as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Part 1 s 18 (2) (3) 17 (1) (2) (3) (2) (4) (4A) Section 29(1)(b) is repealed.
Section 29(2) is amended by omitting “subsection (1)(a)” and substituting “subsection (1)”.

Amendments to Sale of Liquor Act 1989 Amendments to Sale of Liquor Act 1989 This section amends the Sale of Liquor Act 1989.

Section 200(1) is amended by repealing paragraph (e) and substituting the fol- lowing paragraph: (e) a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.
Section 201 is amended by adding the following subsection as subsection (2): If a property order is made in respect of a member under section 30 of the Pro- tection of Personal and Property Rights Act 1988 (which relates to temporary orders),— (a) subsection (1)(d) does not apply to the member by virtue only of the making of that order; but (b) while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member of the licensing trust during that period.
Section 219V is amended by inserting the following subsection after subsection (4): If a property order is made in respect of a trustee under section 30 of the Pro- tection of Personal and Property Rights Act 1988 (which relates to temporary orders),— (a) subsection (4) does not apply to the trustee by virtue only of the making of that order; but (b) while the order remains in force, the trustee is deemed to have been granted leave of absence and is not capable of acting as a trustee of the community trust during that period.
(5) Section 219W(e) is repealed.

Amendments to Social Security Act 1964 18 (1) (2) (3) Amendments to Social Security Act 1964 This section amends the Social Security Act 1964.

Section 75(4)(a) is amended by omitting “; or”.

Section 75(4)(b) is repealed.


9 Part 1 s 19 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Reprinted as at 1 March 2017 Amendments to Soil Conservation and Rivers Control Act 1941 19 (1) (2) Amendments to Soil Conservation and Rivers Control Act 1941 This section amends the Soil Conservation and Rivers Control Act 1941.
Section 54 is amended by repealing paragraph (c) and substituting the follow- ing paragraph: (c) any person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.
(3) Section 55(1) is amended by repealing paragraph (c) and substituting the fol- lowing paragraph: (c) is or becomes, due to disability, unable to carry out his or her duties as a member; or Section 55 is amended by adding the following subsection: For the purposes of subsection (1)— (a) (b) disability has the meaning given by section 21(1)(h) of the Human Rights Act 1993; and a person who becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 is to be treated as falling within subsection (1)(c) (whether or not the person has a disability).
Amendment to Taranaki Scholarships Trust Board Act 1957 Amendment to Taranaki Scholarships Trust Board Act 1957 This section amends the Taranaki Scholarships Trust Board Act 1957.
Section 5(1) is amended by repealing paragraph (d) and substituting the follow- ing paragraph: (d) becomes subject to a property order made under section 31 of the Protec- tion of Personal and Property Rights Act 1988 or becomes a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or Amendments to Te Ture Whenua Maori Act 1993 Amendments to Te Ture Whenua Maori Act 1993 This section amends Te Ture Whenua Maori Act 1993.
The definition of person under disability in section 210 is amended by repeal- ing paragraph (b).
Section 272(2) is amended by repealing paragraph (a) and substituting the fol- lowing paragraph: (4) (4) 20 (1) (2) 21 (1) (2) (3) 10 Reprinted as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Part 1 s 23 (a) a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 or for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or (4) Section 272 is amended by adding the following subsections: (3) However, if a property order is made in respect of a member of a committee of management under section 30 of the Protection of Personal and Property Rights Act 1988,— (a) the member does not cease to hold office as a member of the committee by virtue only of the making of that order; but (b) while that order remains in force, the member is suspended from office.
(4) A member who is suspended from office under subsection (3)— (a) (b) is deemed to have been granted leave of absence; and is not capable of acting as a member of the committee during the period of suspension.

Subsection (2) of this section does not apply to a kai tiaki trust constituted under Part 12 of Te Ture Whenua Maori Act 1993 before the commencement of this section.

Amendment to Trustee Act 1956 Amendment to Trustee Act 1956 This section amends the Trustee Act 1956.
The first proviso to section 15(1)(j) is amended by omitting “of full age and full mental capacity”.

Amendments to Waitangi National Trust Board Act 1932 Amendments to Waitangi National Trust Board Act 1932 This section amends the Waitangi National Trust Board Act 1932.
Section 4 is amended by adding the following subsection as subsection (2): (5) 22 (1) (2) 23 (1) (2) (2) However, the deed or declaration of trust has effect for these purposes as if, in place of paragraph (c) of clause 8, there were substituted the following para- graph: (c) become subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988; or 11 Part 2 s 24 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Reprinted as at 1 March 2017 Part 2 Amendments to Regulations Amendment to Child Support Rules 1992 24 (1) (2) 25 (1) (2) Amendment to Child Support Rules 1992 This section amends the Child Support Rules 1992.
Rule 37 is amended by— (a) (b) omitting “is mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992” and substi- tuting “poses a serious danger to the health or safety of others”; and omitting “the mentally disordered person” and substituting “the respond- ent”.

Amendments to Freshwater Fish Farming Regulations 1983 Amendments to Freshwater Fish Farming Regulations 1983 This section amends the Freshwater Fish Farming Regulations 1983.
Regulation 12(1) is amended by revoking paragraphs (c) and (d) and substitut- ing the following paragraph: (c) the manager under any of sections 30 to 33 of the Protection of Personal and Property Rights Act 1988 of the property of a licensee (or of part of it, if the licence relates to that part); or (3) Regulation 13(1) is amended by revoking paragraphs (b) and (c) and substitut- ing the following paragraph: (b) the manager under any of sections 30 to 33 of the Protection of Personal and Property Rights Act 1988 of the property of a licensee (or of part of it, if the licence relates to that part); or Amendment to Weights and Measures Regulations 1999 Amendment to Weights and Measures Regulations 1999 This section amends the Weights and Measures Regulations 1999.
Regulation 17(1)(b)(iv) is revoked.

26 (1) (2) 12 Reprinted as at 1 March 2017 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Notes Reprints notes 1 General This is a reprint of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint District Court Act 2016 (2016 No 49): section 261 Wellington, New Zealand: Published under the authority of the New Zealand Government—2017 13