Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943080078.pdf (New Zealand)
Statutes Amendment Bill Government Bill Explanatory note General policy statement This Statutes Amendment Bill consists entirely of amendments to Acts and is therefore an omnibus Bill that may be introduced by virtue of Standing Order 259(1)(f).

It is intended that the Bill will be divided into separate Bills at the committee of the whole House stage.

Clause by clause analysis Clause 1 is the Title clause.
Clause 2 provides that most of the Bill comes into force on the day after the date on which it receives the Royal assent.

Clause 56 (in Part 9) has a contingent commencement—it comes into force either on the day after this Bill receives Royal assent if a certain other pro- vision is in force, or if that other provision is not yet in force, clause 56 comes into force on the commencement of the other provision.

Part 11 comes into force on 1 June 2013.


Part 1 Accident Compensation Act 2001 Clause 3 provides that Part 1 amends the Accident Compensation Act 2001.
89—1 2 Statutes Amendment Bill Explanatory note Clause 4 amends section 216(2)(c) by replacing the reference to sec- tion 34(1) of the Transport (Vehicle and Driver Registration and Li- censing) Act 1986 (the 1986 Act) with a reference to section 262(3) of the Land Transport Act 1998 (the 1998 Act), and by replacing a reference to trade licences with a reference to trade plates.
The amendment is necessary because the 1986 Act has been repealed (see section 33 of the Land Transport Amendment Act 2009), and the rele- vant provisions now appear in the 1998 Act.

Clause 5 amends section 331(3)(b) by replacing a reference to sec- tion 270 (of the Accident Compensation Act 2001) with a reference to section 103 of the Crown Entities Act 2004.
Section 270 has been re- pealed and the provision that now applies is section 103 of the Crown Entities Act 2004 (which gives the Minister for ACC power to direct the Accident Compensation Corporation to give effect to government policy).

Part 2 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Clause 6 provides that Part 2 amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Clause 7 amends the definition of government agency in section 5 by replacing a reference to international counterpart with a reference to overseas country’s counterpart.

Clause 8 amends section 16 to make it consistent with section 15.

Clause 9 amends section 18(1)(c) so that it is clear that a reporting entity may conduct simplified customer due diligence if a customer obtains a service through the reporting entity.

Clause 10 substitutes a new section 27(6).


The replacement subsec- tion expressly refers to originator information obtained under section 27, and clarifies the duty to provide the originator information to the beneficiary institution.

Clause 11 deletes “current” in section 28(1)(a) and makes the provi- sion consistent with section 27.

Clause 12 clarifies that the banks referred to in section 130 are regis- tered banks.

Clause 13 corrects a cross-reference in section 134.
Explanatory note Statutes Amendment Bill 3 Part 3 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 Clause 14 provides that Part 3 amends the Aquaculture Reform (Re- peals and Transitional Provisions) Act 2004.

Clause 15 amends section 20A(8) to correct the description of the area of the marine farm to which Marine Farming Permit 364 applies by correcting the name of the trig.
Part 4 Armed Forces Discipline Act 1971 Clause 16 provides that Part 4 amends the Armed Forces Discipline Act 1971.

Clause 17 amends section 101A(4) by replacing a reference to sec- tion 8(1) and (3) of the Bail Act 2000 with a reference to section 8(1) and (4) of that Act.

This amendment is needed because section 8(3) of the Bail Act 2000 was repealed before section 101A was en- acted.
The correct reference is to section 8(4), which requires the court, when considering an application for bail, to take account of the victim’s views.

Clause 18 consequentially amends the Armed Forces Discipline Rules of Procedure 2008 by replacing a reference (in form 8 of the Schedule) that corresponds with the amendment made by clause 17.
Part 5 Births, Deaths, Marriages, and Relationships Registration Act 1995 Clause 19 provides that Part 5 amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 (the Act).

Clause 20 amends section 89A by inserting new subsections (2A) and (2B).
New subsection (2A) enables the Ministry of Justice (the Min- istry) to provide, by electronic means, the information required in the notice or certificate (that would otherwise be required to be provided by the court or its Registrar under section 23, 59, 60, 62E, or 62F of the Act) directly to the Registrar-General.
New subsection (2B) provides that, to avoid doubt, the Ministry is not required to provide the actual notice or certificate that would be required of the court 4 Statutes Amendment Bill Explanatory note or its Registrar, and makes clear that only the relevant information that would be contained in the notice or certificate is required.

New subsection (2B) also clarifies that the court or its Registrar remains responsible for providing the information until it has been provided by the Ministry.
This means that, if the Ministry is unable to provide the information (due, for example, to computer failure), the obliga- tion remains with the court or its Registrar.

Part 6 Children, Young Persons, and Their Families Act 1989 Clause 21 provides that Part 6 amends the Children, Young Persons, and Their Families Act 1989 (the Act).

Clause 22 inserts a new section 2A on the application of amendments to the Act.
New section 2A(1) indicates that new Schedule 1AA (in- serted by clause 27) contains application, transitional, and savings provisions— • relating to amendments made to the Act on or after the com- mencement of Part 6; and that, because they are given effect by new section 2A(2), affect other provisions of the Act.
• Clause 23 amends section 311, under which a Youth Court before which a charge against a young person is proved may make a super- vision with residence order placing the young person in the chief ex- ecutive’s custody for a period of not less than 3 months and not more than 6 months.
New section 311(2A)(a) ensures that the date to which a Youth Court making a supervision with residence order under sec- tion 311(1) adjourns proceedings, and on which it will consider early release under section 314, is not as under section 311(2A)(a) a date before two-thirds of the period of the order will have elapsed, but in- stead is— • the date on which two-thirds of the period of the order will have elapsed; or if it is not practicable to hold a hearing on that date, a date not more than 7 working days before that date.
• Clause 24 amends section 314, which requires a Youth Court that, at a specified time, is satisfied of specified matters, to release a young Explanatory note Statutes Amendment Bill 5 person from custody before the expiry of a supervision with residence order made in respect of the young person under section 311(1).
The amendments— • make it clear that the Youth Court must consider early release under section 314 on the date to which proceedings are ad- journed under new section 311(2A)(a); and remove the precondition for early release under section 314 that the young person has been in the chief executive’s custody for at least two-thirds of the period (fixed under section 311(1)) of the supervision with residence order; and require the chief executive’s report on the matters specified in section 314(1)(a) to (c) to be prepared for, and furnished to, the court, as soon as practicable before (not, as currently, the expiry of two-thirds of the period of the supervision with residence order, but instead) the date to which proceedings are adjourned under new section 311(2A)(a).
• • Clause 25 amends section 317, which ensures that a supervision with residence order made under section 311(1) in respect of a young per- son ceases to have effect when the term of the order expires or the young person is sooner released from the chief executive’s custody under section 314.

Section 317(1) is amended so that it refers to when the “order’s period elapses” (not to when “the term of the order ex- pires”).
New section 317(1A) applies if the order’s period elapses on a day that is a non-release day, and requires the expiry of the order to be treated as occurring instead on the nearest preceding day that is not a non-release day.
A non-release day is defined by new sec- tion 317(1B) as a day that is— • Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, or Waitangi Day; or a day in the period commencing with 25 December in a year and ending with 15 January in the following year; or in respect of release from a particular place, the anniversary day of the region in which that place is situated.
• • Clause 26 amends section 356, which relates to the effect of a notice of appeal on certain orders.

The amendment ensures that the section refers to the “period” (not the “term”) of an order.

6 Statutes Amendment Bill Explanatory note Part 7 Companies Act 1993 Clause 28 provides that Part 7 amends the Companies Act 1993.

Clauses 29 to 35 and 37 amend various provisions to remove re- dundant references to the Companies Act 1955 (the 1955 Act).
The 1955 Act was repealed on 30 June 1997 by the Companies Act Re- peal Act 1993.

Clause 38 repeals 3 Acts associated with the repeal of the 1955 Act (the Companies Act Repeal Act 1993, the Companies Reregistration Act 1993, and the Company Law Reform (Transitional Provisions) Act 1994).

These Acts are now substantially spent.


However, clause 36 inserts new sections 399 to 401 into the Companies Act 1993 to carry over, or continue the application of, provisions from those Acts that are of continuing relevance.

In summary,— • new section 399 carries over aspects of section 3 of the Com- panies Act Repeal Act 1993.

These include continuing to apply the 1955 Act to the winding up or liquidation of a com- pany commenced before the repeal of the 1955 Act (30 June 1997).
In addition, Part 6A of the 1955 Act (which related to removing companies from the register) continues to apply to companies removed from the register: new section 400 continues to apply provisions of the Compan- ies Reregistration Act 1993 to certain companies restored to the register or that have ceased to be in liquidation: new section 401 replaces section 5(1) of the Company Law Reform (Transitional Provisions) Act 1994 (which provided for references to 1955 Act companies to include a reference to a company registered under the Companies Act 1993).
Clause 39 and Schedule 2 amend various enactments to— • remove spent references to the 1955 Act (or to terms or con- cepts under that Act); or replace references to the 1955 Act (or to terms or concepts under that Act) with equivalent references to or under the Companies Act 1993; or clarify the continuing application (in section 107 of the Build- ing Societies Act 1965) of a provision in the 1955 Act despite its repeal.
• • • • Explanatory note Statutes Amendment Bill 7 Part 8 Criminal Investigations (Bodily Samples) Act 1995 Clause 40 provides that Part 8 amends the Criminal Investigations (Bodily Samples) Act 1995 (the principal Act).
The principal Act was amended by the Criminal Investigations (Bodily Samples) Amendment Act 2009 (the 2009 Act) to replace most (but not all) references to a relevant offence with references to an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.

However, some references were not amended at that time, and Part 8 makes changes with this effect to sections 4A(1), (2), and (3), 36(2), 41(2)(a)(i), and 62(4)(a).
Part 8 also removes references to the relevant offence where they create doubt as to whether that expression is being used as defined in section 2(1) of the principal Act.

Finally, Part 8 amends references in the principal Act to related rele- vant offence where these are no longer appropriate.

Amendments are made to sections 24P, 60A, and 61.

Section 24P sets out when a DNA profile derived from a bodily sam- ple taken under Part 2B may be stored on a Part 2B temporary data- bank.
The person from whom the sample was taken has to have been charged with the offence that triggered the taking of the sample under section 24J or 24K (the triggering offence), or a related relevant of- fence (current wording).

Section 24J was amended by the 2009 Act so that the triggering offence would be an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.
Section 24P therefore requires amendment to reflect the fact that the triggering offence will not necessarily be a relevant offence.

Section 60A makes provision for the disposal of bodily samples ob- tained under Part 2B.

Records of analysis of such bodily samples must be destroyed in accordance with section 60A(3), depending on whether the person is charged with the triggering offence, or a re- lated relevant offence (current wording).
Section 60A is amended to reflect the fact that the triggering offence under Part 2B will not nec- essarily be a relevant offence.

A similar amendment is made to section 61(3), which sets out the grounds for extending the period for which a sample may be retained.

8 Statutes Amendment Bill Explanatory note Part 9 District Courts Act 1947 Clause 54 provides that Part 9 amends the District Courts Act 1947.
Clause 55 amends section 80, which requires the court’s leave for the enforcement of a District Court’s judgment— that is more than 6 years old; and • in respect of which no payment into court has been made • within the previous 12 months by or on behalf of a party li- able under the judgment.
A new subsection (1A) is inserted to make it clear that an arbitral award entered as a judgment is more than 6 years old for the pur- poses of section 80 if 6 years have elapsed since the date on which the award became enforceable by action in New Zealand.

The amend- ment is to align the section with the Limitation Act 2010 and with corresponding High Court Rules on the enforcement of judgments of the High Court.
A party to an arbitral award may seek to enforce it by having it en- tered as a judgment of the High Court or of a District Court, and then enforcing that judgment using enforcement processes under rules of court.

A claim for entry of an arbitral award as a judgment is suscep- tible to a limitation defence under section 36 of the Limitation Act 2010 if made at least 6 years after the date on which the award became enforceable by action in New Zealand.
The claimant should therefore not also have a second 6-year period within which the claimant may, as-of-right, enforce the judgment by using enforcement processes under the rules of court.

High Court Rule 17.9 was thus amended on 1 January 2011 to require the court’s leave to issue an enforce- ment process in respect of a judgment of the High Court that is an arbitral award entered as a judgment if 6 years have elapsed since the date on which the award became enforceable by action in New Zealand.
New section 80(1A) of the District Courts Act 1947 is to achieve the same outcome in respect of corresponding judgments of a District Court.

Clause 56 amends section 84N(1), which provides for a right of re- view of an order or direction of the Registrar made under certain provisions of the District Courts Act 1947.

Section 84N(1) is amended by section 22(1) of the District Courts Amendment Act 2011 to remove a reference to section 84B of the Explanatory note Statutes Amendment Bill 9 principal Act.
Clause 56 amends section 84N(1) as amended by sec- tion 22(1), and so does not have effect until section 22(1) is in force.

The amendment made by clause 56 is required to update unamended cross-references in section 84N(1).

Part 10 Electoral Act 1993 Clause 57 provides that Part 10 amends the Electoral Act 1993.

Clause 58 amends section 127A to allow a party secretary submitting a list of candidates for election to list seats to pay the required deposit by direct credit.
Clause 59 makes a similar amendment to section 146F to allow a party secretary lodging a bulk nomination schedule of constituency candidates to pay the required deposit by direct credit.

Part 11 Extradition Act 1999 Clause 60 provides that Part 11 amends the Extradition Act 1999.

Clause 61 amends section 101B, which provides that certain crimes with transnational aspects are deemed to be included in extradition treaties.

The amendment updates a cross-reference to the Crimes Act 1961.
Part 12 Flags, Emblems, and Names Protection Act 1981 Clause 62 provides that Part 12 amends the Flags, Emblems, and Names Protection Act 1981.

Clause 63 inserts a new section 18A into the Flags, Emblems, and Names Protection Act 1981.

New section 18A protects against the unauthorised use of emblems or words relating to the 28th Māori Battalion.

The 2 protected emblems are to be found in new Schedule 2A of the Flags, Emblems, and Names Protection Act 1981 (inserted into that Act by clause 64).
10 Statutes Amendment Bill Explanatory note The protected words are various names (in English and Māori) for the 28th Māori Battalion.
New section 18A(1) provides that a person who is not authorised by the 28th Maori Battalion (NZ) Association Incorporated (or its successor), or by the Governor-General by Order in Council, com- mits an offence if the person displays, exhibits, or otherwise uses the protected words or emblems in such a manner as to be likely to cause anyone to believe that the display, exhibition, or use is under the authority, sanction, approval, appointment, or patronage of the 28th Maori Battalion (NZ) Association Incorporated (or its succes- sor).
The use must be— • • New section 18A(2) provides that— • in any business, trade, or occupation; and in order to obtain money (or other property) or credit.
every person commits an offence who causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that includes the protected words; and every association (whether incorporated or unincorporated) commits an offence that carries on its activities under any name, title, style, or designation that includes the protected words.

• Part 13 Gambling Act 2003 Clause 65 provides that Part 13 amends the Gambling Act 2003.
Clause 66 amends section 286, which relates to bank accounts that may be opened by the Secretary for Internal Affairs for the purposes of the New Zealand Lottery Grants Board, to— • lift the restriction on the accounts only being operated by cheque; and prohibit cash withdrawals from the accounts.

• Part 14 Health Act 1956 Clause 67 provides that Part 14 amends the Health Act 1956.
Explanatory note Statutes Amendment Bill 11 Clauses 68 to 79 amend sections 69G, 69V, 69Z, 69ZA, 69ZB, 69ZC, 69ZD, 69ZL, 69ZP, 69ZW, 69ZZR, and 69ZZT in Part 2A, which re- lates to drinking water.

The effect of the amendments is to rename the public health risk management plan that a medical officer of health may require drinking-water suppliers to prepare as the water safety plan.
Part 15 Health and Disability Commissioner Act 1994 Clause 80 provides that Part 15 amends the Health and Disability Commissioner Act 1994.

Clause 81 amends section 9, which relates to the appointment of 1 or more Deputy Health and Disability Commissioners.
The amendment inserts new section 9(1A), which clarifies that Part 2 of the Crown En- tities Act 2004 (except section 46, which relates to the appointment of a corporation sole) applies to the appointment and removal of a Deputy Commissioner in the same manner as it applies to the ap- pointment and removal of the Commissioner.
Clause 82 amends the heading to section 38 to more fully align its wording with that of section 38(1), which allows the Commissioner to decide, at any time after a preliminary assessment has been com- pleted, to take no action, or, as the case may be, no further action on a complaint.

Clause 83 amends section 47(1) to clarify that the Director of Pro- ceedings may take action only after a referral by the Commissioner under section 45(2)(f).
Part 16 Insolvency Act 2006 Clause 84 provides that Part 16 amends the Insolvency Act 2006.

Clause 85 amends section 364(b) to correct an error.

12 Statutes Amendment Bill Explanatory note Part 17 Maori Commercial Aquaculture Claims Settlement Act 2004 Clause 86 provides that Part 17 amends the Maori Commercial Aquaculture Claims Settlement Act 2004.

Clause 87 amends section 11(5)(a) to change the cross-reference to section 14 to a cross-reference to section 13.
Part 18 Parental Leave and Employment Protection Act 1987 Clause 88 provides that Part 18 amends the Parental Leave and Em- ployment Protection Act 1987.

Clause 89 amends paragraph (b) of the definition of self-employed person’s average weekly earnings (in section 71C), to correct an erroneous reference to section 71CB(1A).

That provision does not exist, and the reference should be to section 71CB(2).

Part 19 Passports Act 1992 Clause 90 provides that Part 19 amends the Passports Act 1992.
Clause 91 inserts a new cross-heading and new section 27H to pro- vide that the Minister may cancel a New Zealand travel document in any case where the Minister has reasonable grounds to believe that the holder of that document has died.

Cancellation may be effected by cancelling the electronic record of that document.

Clause 92 consequentially amends Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
This amendment enables the Registrar-General to agree to disclose to the chief executive of the Department of Internal Affairs death information for the purpose of identifying deceased holders of New Zealand travel documents.

Explanatory note Statutes Amendment Bill 13 Part 20 Private Security Personnel and Private Investigators Act 2010 Clause 93 provides that Part 20 amends the Private Security Person- nel and Private Investigators Act 2010.
Clause 94 amends section 48 to reduce from 1 month to 7 days the length of time the Licensing Authority must wait before hearing an application for a certificate of approval.

Clause 95 amends section 49 to provide that the Police have 7 days to file with the Licensing Authority a notice of objection to the grant of an application for a certificate of approval.
Prior to this amendment, the Police had 1 month to file an objection if an application for a certificate of approval was received on the same day as an employer’s application for a licence, and 7 days to file an objection in all other cases.

Clause 96 amends section 110 to correct a cross-reference.

Part 21 Real Estate Agents Act 2008 Clause 97 provides that Part 21 amends the Real Estate Agents Act 2008.
Clause 98 amends section 40 to allow a person objecting to the issue of a licence to request a hearing under new section 42(4).

Clause 99 amends section 41 to allow an applicant making a written response to an objection to the issuing of a licence to request a hearing under new section 42(4).

Clause 100 replaces section 42.

Currently, section 42 requires the Registrar to hold a hearing if an objection to the issuing of a licence is received under section 40.
New section 42 allows the Registrar to consider the application and any notice of objection on the papers, unless a hearing is requested.

Clause 101 makes an amendment to section 43(1) that is consequen- tial to the amendment to section 42.

Clause 102 amends section 75.

Currently, Complaints Assessment Committees consist of 3 members: 1 who is a member of the Au- thority, and 2 who are appointed from the panel maintained under section 76.
The effect of the amendments is that all 3 members of a 14 Statutes Amendment Bill Explanatory note Complaints Assessment Committee will be appointed from the panel maintained under section 76.

Clause 103 amends section 110 to provide that fines imposed by the Disciplinary Tribunal under section 110(2)(f) are paid to the Author- ity.

Clause 104 amends section 133 to clarify that an agent is required to give certain information to both the vendor and the purchaser.
Part 22 Road User Charges Act 2012 Clause 105 provides that Part 22 amends the Road User Charges Act 2012.

Clause 106 amends the definition of permit in section 5(1) to clarify that it relates to permits issued for RUC vehicles authorising carriage loads in excess of the mass limits prescribed in section 4 of Part 1 of the Land Transport: Vehicle Dimensions and Mass Rule 2002 (the VDAM Rule).
Clause 107 amends section 12, which provides that a RUC vehicle issued with a permit must have an additional licence.

The amend- ment to section 12(4)(a)(i) clarifies that the additional licence covers the difference between the maximum allowable mass under section 4.5(1) of Part 1 of the VDAM Rule for the RUC vehicle and any trail- ers towed by the RUC vehicle and the maximum mass specified in the permit under which the RUC vehicle is operating.
Part 23 Social Welfare (Transitional Provisions) Act 1990 Clause 108 provides that Part 23 amends the Social Welfare (Tran- sitional Provisions) Act 1990.

Some of the amendments rename the principal Act.

The new Title reflects more accurately its contents.

Other enactments are amended consequentially.


The consequential amendments to the Income Tax Act 2007 assume the enactment of the amendments to be made by clause 57(21) and (27) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Bill (64—1).

Explanatory note Statutes Amendment Bill 15 The rest of the amendments rename the New Zealand Artificial Limb Board.
The Board was purportedly established under the Rehabili- tation Act 1941 on 5 March 1970, and ultimately established by the Social Welfare (Transitional Provisions) Act 1990 on 1 April 1990.

The Board is renamed as the New Zealand Artificial Limb Service.

That new name indicates more clearly one of its most important func- tions, which is to provide rehabilitative and other services to persons in connection with artificial limbs and similar devices.
Related con- sequential amendments are made to the Crown Entities Act 2004, Ombudsmen Act 1975, Public Bodies Contracts Act 1959, and So- cial Security Act 1964.

Part 24 Statistics Act 1975 Clause 134 provides that Part 24 amends the Statistics Act 1975.

Clause 135 inserts new section 33A into the Statistics Act 1975 (the principal Act).
Section 33A will enable the Government Statisti- cian (the statistician) to designate certain sensitive questions in a statistical survey or an inquiry as voluntary questions, by waiving the statutory requirement to answer those questions.

The statistician must be satisfied that the information sought is too sensitive to com- pel answers.
Subsection (1) applies the section to the collection of statistics by Statistics New Zealand under Part 4 of the principal Act or under a joint collection agreement under section 9 of the principal Act.

Subsection (2) is a waiver provision.


The waiver can apply to any or all of the following provisions of the principal Act: • section 31: the obligation to fill in, sign, and return a statistical schedule within the stated time: section 32: the obligation to supply the particulars required in a statistical schedule: section 33: the obligation to answer all questions asked in a statistical survey or inquiry.
• • 16 Statutes Amendment Bill Explanatory note The statistician can exercise a waiver if satisfied that all of the fol- lowing apply: • special circumstances of sensitivity apply to the questions con- cerned and it is inappropriate to compel respondents to answer those questions: the information that is being collected is of a kind described in section 4(a) (population and dwellings, migration (internal and external); vital and other demographic and social matters); 4(b) (health, welfare, and morbidity); 4(d) (law enforcement and the administration of justice); or 4(i) (household charac- teristics, conditions, and activities) of the principal Act: the statistical validity of the information being collected will not be unduly compromised.
• • Subsection (3) ensures that, if the statistician grants a waiver under subsection (2), the offences in section 43 (offences relating to the neglect or refusal to supply particulars) do not apply in relation to the questions to which the waiver applies.

Part 25 Summary Proceedings Act 1957 Clause 136 provides that Part 25 amends the Summary Proceedings Act 1957.
Clause 137 amends an incorrect section reference in the item relating to the Domestic Violence Act 1995 in Part 2 of Schedule 1 of the Summary Proceedings Act 1957.

Part 26 Telecommunications Act 2001 Clause 138 provides that Part 26 amends the Telecommunications Act 2001.

Clause 139 corrects a drafting inconsistency to align section 69E(1)(d) with section 69N(1)(b).
Clause 140 amends section 69P to provide that the Commission must enter the name of a non-retail user on the register within 15 working days of public notification of the application.

This gives interested parties a longer period of time to respond to the public notice of the application.

Explanatory note Statutes Amendment Bill 17 Clause 141 updates a cross-reference.
Part 27 Unit Titles Act 2010 Clause 142 provides that Part 27 amends the Unit Titles Act 2010, and references in this explanatory note to sections are references to sections in that Act.

Clause 143 replaces the definition of access lot, which is used in section 55, for clarity.
Clause 144 amends section 30(1)(b) by replacing a reference to par- ticular sections within subpart 10 of Part 2 with a reference to the whole of that subpart, in order to ensure that important interpretation provisions in the subpart are not overlooked.

Clause 145 substitutes a new section 39(2), which identifies what the utility interest of a principal or accessory unit is.
It has the effect of requiring all utility interests that are different from ownership inter- ests to be fair and equitable, having regard to the relevant benefits and the costs to units.

At present, the requirement for utility interests to be determined on a fair and equitable basis only applies to utility interests reassessed by a body corporate under section 41.

Clause 146 replaces section 55, to clarify the existing policy about shares in an access lot becoming part of the common property.
Clause 147 amends section 56, which is the section that authorises the sale of, or grant of a lease or licence over, common property.

Sec- tion 57, which relates to registration of a transfer of common prop- erty, refers to a registration of the whole or parts of that property.

However, section 56 only refers to the sale of, or grant of a lease or licence over, part of the common property.
This amendment inserts references to “the whole of” the common property into section 56, for consistency with section 57.

Clause 148 inserts into section 60(3) a missing reference to covenants.

Clause 149 corrects a wrong cross-reference in section 86.

Clause 150 recasts section 89(1) to clarify the period within which the first annual general meeting of the body corporate must be held.
Clause 151 amends section 100(3), which specifies that, for an or- dinary resolution, 50% of the ownership interest represented by those 18 Statutes Amendment Bill Explanatory note voting must vote in favour of the resolution.

The amendment changes this to require a majority to vote in favour.

Clause 152 amends section 104(3), which is about passing reso- in a manner consistent with the lutions by notice in writing, amendment to section 100.
Clause 153 corrects a wrong reference to the body corporate oper- ational rules in section 127.

Clause 154 amends section 138, which imposes on bodies corporate the duty to repair and maintain the common property and other parts of the property.

At present, section 138(1) and (2) appear to impose slightly different duties in relation to the different parts of the prop- erty.
The amendments clarify that there is a single duty in relation to all parts, and extends the meaning of “repair and maintenance” to include all aspects presently set out in section 138(1) and (2).

Clause 155 inserts a further definition into section 144, which is the interpretation provision for a subpart dealing with the disclosure of information.

Under this subpart, different disclosure statements are required to “contain” certain prescribed information.
There is un- certainty about whether the requirement to “contain” means that all of the information has to be set out in a single document.

The new definition of contain is intended to clarify that the information can be attached to, or in any other way incorporated with, the disclosure statement.

Clause 156 is consequential upon the amendment made to section 144.
Clause 157 amends section 148 in order to provide that, if a buyer re- quests only some, but not all, prescribed information when requesting an additional disclosure statement, the person supplying the disclos- ure statement need provide only the information requested.

Clause 158 amends section 166 to clarify the procedure relating to the cancellation of a unit title plan following the expiry of a lease or licence of the base land.
Clause 159 amends section 171 in 2 ways: • it inserts a new subsection to confirm that claims for unpaid levies are “unit title disputes”.

This has the effect of confirm- ing that Tenancy Tribunals have jurisdiction to hear and deter- mine those claims: Explanatory note Statutes Amendment Bill 19 • it expressly gives Tenancy Tribunals the power to make cer- tain orders in a unit title dispute.
The orders reflect powers available to Tenancy Tribunals in the context of residential tenancies under section 77(2)(l), (m), and (q) of the Residen- In relation to Tenancy Tribunals tial Tenancies Act 1986. exercising jurisdiction in relation to unit titles, all of section 77 of the Residential Tenancies Act 1986 is currently dissap- plied.

However, the particular orders available under section 77(2)(l), (m), and (q) are necessary if the Tribunal is to be able to effectively deal with unit title disputes.
Clause 160 amends section 173, which is about the jurisdiction of the High Court in relation to claims relating to sums in excess of $200,000.

The section currently does not give jurisdiction relating to the application of insurance money.

This amendment adds that jurisdiction, which is consistent with the jurisdiction given to District Courts by section 172.
Clause 161 amends section 210 to clarify that the general relief for minority voters provided in this section does not apply in relation to designated resolutions, for which a specific objection process is set out in sections 213 to 215.

Clause 162 amends section 211, which is about relief for voters in cases where a special resolution was required.
The amendment in- serts a 28-day limit within which the application for relief must be made, which is consistent with the time limit applying under section 210.

Clause 163 is consequential upon the amendment to section 211.

Part 28 Unsolicited Electronic Messages Act 2007 Clause 164 provides that Part 28 amends the Unsolicited Electronic Messages Act 2007.

Clause 165 repeals section 58(k).


That paragraph authorised the en- forcement department, the Department of Internal Affairs, to enter into agreements or arrangements with overseas enforcement agen- cies concerning international enforcement of anti-spam legislation, sharing of information between national enforcement agencies, and the pursuit of cross-border complaints concerning spam.
Under New Zealand’s current constitutional arrangements, no legislative author- 20 Statutes Amendment Bill Explanatory note ity is required to enable a department to enter into an international arrangement.

Section 58(k) is therefore repealed as it is unnecessary and inconsistent with New Zealand’s constitutional arrangements.

Part 29 Wills Act 2007 Clause 166 provides that Part 29 amends the Wills Act 2007.
Clause 167 amends an incorrect reference in the heading to section 40A that arose from a clerical error.

Part 30 Wine Act 2003 Clause 168 provides that Part 30 amends the Wine Act 2003.

Clause 169 amends section 14 by inserting new subsection (2A).
The amendment addresses any conflict between a New Zealand food standard and the labelling requirements of a country importing wine by providing that where there is a conflict, a wine standards manage- ment plan for wine made for export need not comply with the New Zealand food standard.
Hon Chester Borrows Statutes Amendment Bill Government Bill Contents Title Commencement Part 1 Accident Compensation Act 2001 Principal Act Section 216 amended (Levy categories) Section 331 amended (Consultation requirements for regulations relating to levy setting) Part 2 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Principal Act Section 5 amended (Interpretation) Section 16 amended (Standard customer due diligence: verification of identity requirements) Section 18 amended (Circumstances when simplified customer due diligence applies) Section 27 amended (Wire transfers: identity requirements) Section 28 amended (Wire transfers: verification of identity requirements) Section 130 amended (AML/CFT supervisors) Section 134 amended (Delegation of supervisory function and powers) 89—1 Page 10 10 10 10 11 11 11 11 11 11 11 12 12 1 Statutes Amendment Bill Part 3 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 Principal Act Section 20A amended (Marine Farming Permit 364 for Waikato Communal Area) Part 4 Armed Forces Discipline Act 1971 Principal Act Section 101A amended (Judge Advocate General may grant bail pending trial) Armed Forces Discipline Rules of Procedure 2008 consequentially amended Part 5 Births, Deaths, Marriages, and Relationships Registration Act 1995 Principal Act Section 89A amended (Electronic transactions) Part 6 Children, Young Persons, and Their Families Act 1989 Principal Act New section 2A inserted (Application of amendments to this Act) 2A Application of amendments to this Act Section 311 amended (Supervision with residence order) Section 314 amended (Court must in certain cases release young person from custody before expiry of supervision with residence order) Section 317 amended (When supervision with residence order ceases to have effect) Section 356 amended (Effect of notice of appeal on certain orders) New Schedule 1AA inserted Part 7 Companies Act 1993 Principal Act Section 2 amended (Interpretation) Section 6 repealed
 (Extended meaning of subsidiary) Section 22 amended (Application for reservation of name) Section 151 amended (Qualifications of directors) Statutes Amendment Bill Section 280 amended (Qualifications of liquidators) Section 316A repealed (Transitional provision in relation to voidable transactions) Section 333 amended (Name to be reserved before carrying on business) New sections 399 to 401 inserted 399 Companies Act 1955 continues to apply for limited purposes Companies restored to register or that have ceased to be in liquidation may be reregistered References to companies incorporated under Companies Act 1955 400 401 Schedule 4 amended Repeals Amendments to other Acts Part 8 Criminal Investigations (Bodily Samples) Act 1995 Principal Act Section 4A amended (Detained under sentence of imprisonment) Section 24P amended (Information that may be kept on Part 2B temporary databank) Section 36 amended (Withdrawal of consent after sample taken) Section 39C amended (Date and place for taking of sample to be specified in databank compulsion notice) Section 40 amended (Databank compulsion notice of no effect if conviction for relevant offence quashed) Section 41 amended (Databank compulsion notice hearing may be requested on certain grounds) Section 43A amended (Change of circumstances before databank compulsion notice hearing takes place or is completed) Section 44 amended (Further databank compulsion notice) Section 45 amended (Judge may issue warrant for arrest and detention) Section 47 amended (Variation by Judge on application of place and date for taking sample) Section 60A amended (Disposal of bodily samples and identifying information obtained under Part 2B) Statutes Amendment Bill Section
58 59 60 61 62 63 Statutes Amendment Bill Section 61 amended (Extension of period for which sample may be retained) Section 62 amended (Disposal of bodily samples and identifying information obtained under Part 3) Part 9 District Courts Act 1947 Principal Act Section 80 amended (Enforcement of judgments more than 6 years old) Section 84N amended (Review of Registrar’s decision) Part 10 Electoral Act 1993 Principal Act Section 127A amended (Deposit by party secretary) Section 146F amended (Deposit payable in respect of bulk nomination schedule) Part 11 Extradition Act 1999 Principal Act Section 101B amended (Certain crimes with transnational aspects deemed to be included in extradition treaties) Part 12 Flags, Emblems, and Names Protection Act 1981 Principal Act New section 18A inserted (Unauthorised use of words and emblems relating to 28th Māori Battalion) 18A Unauthorised use of words and emblems relating to 28th Māori Battalion 64 New Schedule 2A inserted Part 13 Gambling Act 2003 Principal Act Section 286 amended (Bank accounts) Part 14 Health Act 1956 Principal Act Section 69G amended (Interpretation) Statutes Amendment Bill Section 69V amended (Duty to take all practicable steps to comply with drinking-water standards) Section 69Z amended (Duty to prepare and implement public health risk management plan) Section 69ZA amended (Medical officer of health may require preparation and implementation of public health risk management plan) Section 69ZB amended (Duration of plans) Section 69ZC amended (Review and renewal of plans) Section 69ZD amended (Duty to keep records and make them available) Section 69ZL amended (Functions of drinking-water assessors) Section 69ZP amended (Powers of drinking-water assessors and designated officers) Section 69ZW amended (Review of decisions of drinking-water assessors) Section 69ZZR amended (Offences against sections in this Part) Section 69ZZT amended
 (Offences involving deception) Part 15 Health and Disability Commissioner Act 1994 Principal Act Section 9 amended (Deputy Commissioners and Mental Health Commissioner) Section 38 amended (Commissioner may decide to take no action on complaint) Section 47 amended (Director of Proceedings’ right to participate in disciplinary and other proceedings) Part 16 Insolvency Act 2006 Principal Act Section 364 amended (Debtor disqualified from entry to no asset procedure in certain cases) Part 17 Maori Commercial Aquaculture Claims Settlement Act 2004 86 87 Principal Act Section 11 amended (Settlement in negotiation period) 26 26 26 26 26 26 26 27 27 27 27 27 27 28 28 28 28 28 28 5 Statutes Amendment Bill Part 18 Parental Leave and Employment Protection Act 1987 Principal Act Section 71C amended (Interpretation of this Part) Part 19 Passports Act 1992 Principal Act New section 27H and cross-heading inserted Cancellation of New Zealand travel document on death of holder Death of holder of New Zealand travel document 27H Consequential amendment to Schedule 1A of Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 20 Private Security Personnel and Private Investigators Act 2010 Principal Act Section 48 amended (Notice of application for certificate of approval) Section 49 amended (Objections by Police to application for certificate of approval) Section 110 amended (Misleading conduct) Part 21 Real Estate Agents Act 2008 Principal Act Section 40 amended (Objections to issue of licence) Section 41 amended (Written submission in response by applicant) Section 42 replaced (Registrar to hold hearing if notice of objection made) 42 Procedure in Registrar determining licence application and objection Section 43 amended (Registrar to license applicant or decline application) Section 75 amended (Authority to appoint Complaints Assessment Committees) Section 110 amended (Determination of charges and orders that may be made if charge proved) 28 29 29 29 29 29 30 30 30 30
if charge proved) Statutes Amendment Bill 104 Section 133 amended (Approved guide to be provided when contractual document provided) Part 22 Road User Charges Act 2012 105 106 107 Principal Act Section 5 amended (Interpretation) Section 12 amended (RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence) Part 23 Social Welfare (Transitional Provisions) Act 1990 108 Principal Act 109 110 111 112 113 114 115 116 117 118 Principal Act renamed: amendments to principal Act Name of principal Act changed Title repealed Section 1 amended (Short Title and commencement) Part 1 heading amended Cross-heading above section 19 repealed Principal Act renamed: consequential amendments to other enactments Child Support Act 1991 amended consequentially Customs and Excise Act 1996 amended consequentially Income Tax Act 2007 amended consequentially New Zealand Superannuation and Retirement Income Act 2001 amended consequentially Public Bodies Contracts Act 1959 amended consequentially Social Security Act 1964 amended consequentially Tax Administration Act 1994 amended consequentially 119 120 121 War Pensions Act 1954 amended consequentially 122 123 124 125 126 127 128 New Zealand Artificial Limb Board renamed Part 3 heading amended Section 42 amended (Interpretation) Section 43 amended (New Zealand Artificial Limb Board) Section 44 amended (Functions) Section 46 amended (Membership of Board) Section 48 amended (Review of operation of Board) Section 49 amended (Further provisions applying to Board) 32 32 32 32 33 33 33 33 34 34 34 34 34 35 35 35 37 37 37 37 37 38 38 38 39 7 Statutes Amendment Bill 129 130 131 132 133 134 135 Schedule 3 amended Crown Entities Act 2004 amended consequentially Ombudsmen Act 1975 amended consequentially Public Bodies Contracts Act 1959 amended consequentially Social Security Act 1964 amended consequentially Part 24 Statistics Act 1975 Principal Act
 New section 33A inserted (Waiver of obligation to answer questions) 33A Waiver of obligation to answer questions Part 25 Summary Proceedings Act 1957 136 137 Principal Act Part 2 of Schedule 1 amended Part 26 Telecommunications Act 2001 Principal Act Section 69E amended (Requirements for sharing arrangements) Section 69P amended (Register of non-retail users) Section 155B amended (Interpretation) Part 27 Unit Titles Act 2010 Principal Act Section 5 amended (Interpretation) Section 30 amended (Alteration of proposed unit development plan) Section 39 amended (Utility interest (other than for future development units)) Section 55 replaced (Access lots) 55 Section 56 amended (Sale, lease, or licence of common property) Section 60 amended (Existing easements and covenants affecting base land) Section 86 amended (Power of body corporate to sign document) Access lots form part of common property Statutes Amendment Bill 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Section 89 amended (Requirement for annual general meeting) Section 100 amended (Counting of votes if poll requested) Section 104 amended (Passing of resolution without general meeting) Section 127 amended (Recovery of money expended where person at fault) Section 138 amended (Body corporate duties of repair and maintenance) Section 144 amended (Interpretation) Section 147 amended (Pre-settlement disclosure to buyer) Section 148 amended (Buyer may request additional disclosure) Section 166 amended (Expiry of lease) Section 171 amended (Jurisdiction of Tenancy Tribunals) Section 173 amended (Jurisdiction of High Court) Section 210 amended (General relief for minority where resolution required) Section 211 amended (Relief in cases where special resolution required) Section 213 amended (Notices of designated resolutions) Part 28 Unsolicited Electronic Messages Act 2007 164 165 Principal Act
 Section 58 amended (Regulations) Part 29 Wills Act 2007 166 167 168 169 Principal Act Section 40A amended (Application of Wills (Validity) Amendment Act 2012) Part 30 Wine Act 2003 Principal Act Section 14 amended (Contents of and requirements for wine standards management plans) Schedule 1 New Schedule 1AA inserted Schedule 2 Amendments to other Acts to remove references to Companies Act 1955 43 43 43 43 43 44 44 44 44 45 45 46 46 46 46 46 46 47 47 47 48 49 9 cl 1 Statutes Amendment Bill Schedule 3 New Schedule 2A inserted in Flags, Emblems, and Names Protection Act 1981 67 The Parliament of New Zealand enacts as follows: Title This Act is the Statutes Amendment Act 2012.
Commencement If section 22(1) of the District Courts Amendment Act 2011 is 5 not in force on the date on which this Act receives the Royal assent, section 56 comes into force on the commencement of that section.

If section 22(1) of the District Courts Amendment Act 2011 is in force on the date on which this Act receives the Royal 10 assent, section 56 comes into force on the day after that date.

Part 11 comes into force on 1 June 2013.


The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Accident Compensation Act 2001 Principal Act This Part amends the Accident Compensation Act 2001 (the principal Act).
Section 216 amended (Levy categories) In section 216(2)(c), replace “licences under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” with “plates under section 262(3) of the Land Trans- port Act 1998”.

15 20 1 2 (1) (2) (3) (4) 3 4 10 Statutes Amendment Bill Part 2 cl 11 Section 331 amended (Consultation requirements for regulations relating to levy setting) In section 331(3)(b), replace “section 270” with “section 103 of the Crown Entities Act 2004”.
Part 2 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 5 Principal Act This Part amends the Anti-Money Laundering and Counter- ing Financing of Terrorism Act 2009 (the principal Act).

10 Section 5 amended (Interpretation) In section 5, definition of government agency, replace para- graph (d) with: “(d) any overseas country’s counterpart of any of the entities in paragraphs (a) to (c)”.
Section 16 amended (Standard customer due diligence: verification of identity requirements) In section 16(1)(a), replace “provided” with “obtained”.

Section 18 amended (Circumstances when simplified customer due diligence applies) In section 18(1)(c), replace “provides” with “obtains”.
15 20 10 Section 27 amended (Wire transfers: identity requirements) Replace section 27(6) with: “(6) Any information about the originator obtained by a reporting 25 entity that is an intermediary institution must be provided by that reporting entity to the beneficiary institution as soon as practicable.” 11 Section 28 amended (Wire transfers: verification of identity requirements) Replace section 28(1)(a) with: 30 11 Part 2 cl 12 Statutes Amendment Bill “(a) verify the originator’s identity so that the reporting en- tity is satisfied that the information obtained under sec- tion 27 is correct; and”.
Section 130 amended (AML/CFT supervisors) In section 130(1)(a), before “banks”, insert “registered”.

5 Section 134 amended (Delegation of supervisory function and powers) In section 134(1)(b), replace “section 131(b)” with “section 131(d)”.

Part 3 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 10 Principal Act This Part amends the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (the principal Act).
15 Section 20A amended (Marine Farming Permit 364 for Waikato Communal Area) In section 20A(8), replace “325° 805 metres from Trig 238” with “352° 805 metres from Trig 23B”.

Part 4 Armed Forces Discipline Act 1971 Principal Act This Part amends the Armed Forces Discipline Act 1971 (the principal Act).

Section 101A amended (Judge Advocate General may grant bail pending trial) In section 101A(4), replace “section 8(1) and (3)” with “sec- tion 8(1) and (4)”.
20 25 Statutes Amendment Bill Part 5 cl 20 Armed Forces Discipline Rules of Procedure 2008 consequentially amended This section amends the Armed Forces Discipline Rules of Procedure 2008.

In the Schedule, form 8, notes to reason 3, replace “section 5 8(1) and (3)” with “section 8(1) and (4)”.
Part 5 Births, Deaths, Marriages, and Relationships Registration Act 1995 Principal Act This Part amends the Births, Deaths, Marriages, and Rela- tionships Registration Act 1995 (the principal Act).
10 Section 89A amended (Electronic transactions) After section 89A(2), insert: 18 (1) (2) 19 20 “(2A) A requirement for a court or its Registrar to give notice (in 15 the case of section 23), or to send a certificate (in the case of section 59, 60, 62E, or 62F), to the Registrar-General is satisfied by the Ministry of Justice providing the Registrar- General with the required information by electronic means.
“(2B) To avoid doubt,— “(a) “(b) the Ministry of Justice satisfies the requirements of sub- section (2A) by providing the information required in the notice or certificate (as the case may be), and is not required to provide the actual notice or certificate (whether by electronic means or otherwise): the obligation for a court or its Registrar to give the no- tice or certificate referred to in subsection (2A) ceases only when the Ministry of Justice has provided the in- formation in accordance with that subsection.” 20 25 13 Part 6 cl 21 Statutes Amendment Bill Part 6 Children, Young Persons, and Their Families Act 1989 Principal Act This Part amends the Children, Young Persons, and Their 5 Families Act 1989 (the principal Act).
New section 2A inserted (Application of amendments to this Act) After section 2, insert: 21 22 “2A Application of amendments to this Act “(1) Schedule 1AA contains application, transitional, and savings 10 provisions— “(a) relating to amendments made to this Act on or after the commencement of Part 6 of the Statutes Amend- ment Act 2012; and that affect other provisions of this Act (see subsection (2)).
15 “(b) “(2) The application, transitional, and savings provisions set out in Schedule 1AA, which relate to amendments made to this Act on or after the commencement of Part 6 of the Statutes 20 Amendment Act 2012, have effect for the purposes of this Act.” Section 311 amended (Supervision with residence order) Replace section 311(2A)(a) with: “(a) adjourn the proceedings to a date on which it will con- 25 sider early release under section 314, and that is— “(i) the date on which two-thirds of the period of the order under subsection (1) will have elapsed; or if it is not practicable to hold a hearing on that date, a date not more than 7 working days before 30 that date; and”.
“(ii) 23 14 Statutes Amendment Bill Part 6 cl 26 24 (1) (2) (3) 25 (1) Section 314 amended (Court must in certain cases release young person from custody before expiry of supervision with residence order) In section 314(1), after “must”, insert “on the date on which under section 311(2A)(a) it will consider early release under 5 this section”.
In section 314(1), delete “the young person has been in that custody for at least two-thirds of the period of that order (as fixed under section 311(1)) and the court is”.

In section 314(2), replace “expiry of two-thirds of the period 10 of that order” with “date on which under section 311(2A)(a) the court will consider early release under this section”.
Section 317 amended (When supervision with residence order ceases to have effect) In section 317(1), replace “term of the order expires” with 15 “order’s period elapses”.

(2) After section 317(1), insert: “(1A) If the period of an order made under section 311(1) elapses on a day that is a non-release day, the expiry of the order must for all purposes be treated as occurring instead on the nearest 20 preceding day that is not a non-release day.
“(1B) Non-release day, in subsection (1A), means a day that is— “(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, or Waitangi Day; or a day in the period commencing with 25 December in a year and ending with 15 January in the following year; or in respect of release from a particular place, the anniver- sary day of the region in which that place is situated.” “(b) “(c) 25 30 26 Section 356 amended (Effect of notice of appeal on certain orders) In section 356(3), replace “term” with “period”.
15 Part 6 cl 27 Statutes Amendment Bill 27 New Schedule 1AA inserted Before Schedule 1, insert the Schedule 1AA set out in Sched- ule 1 of this Act.

Part 7 Companies Act 1993 Principal Act This Part amends the Companies Act 1993 (the principal Act).

Section 2 amended (Interpretation) Repeal section 2(4).

Section 6 repealed (Extended meaning of subsidiary) Repeal section 6.
Section 22 amended (Application for reservation of name) In section 22(2)(b), delete “or another company under the Companies Act 1955”.

In section 22(2)(c), delete “or the Companies Act 1955”.

Section 151 amended (Qualifications of directors) Repeal section 151(2)(ba) to (d).

Section 280 amended (Qualifications of liquidators) Repeal section 280(1)(ha) to (j).

Section 316A repealed (Transitional provision in relation to voidable transactions) Repeal section 316A.
Section 333 amended (Name to be reserved before carrying on business) Repeal section 333(2).

5 10 15 20 25 New sections 399 to 401 inserted After section 398, insert: 28 29 30 31 (1) (2) 32 33 34 35 36 16 Statutes Amendment Bill Part 7 cl 36 “399 Companies Act 1955 continues to apply for limited purposes “(1) The Companies Act 1955 continues to apply in respect of every winding up or liquidation of a company commenced be- fore the close of 30 June 1997.
5 “(2) Section 42(3) to (7) of the Companies Amendment Act 1993 continue to apply in respect of every company to which those subsections applied immediately before the repeal of the Com- panies Act 1955.

“(3) Part 6A of the Companies Act 1955 continues to apply in re- 10 spect of every company that, immediately before the repeal of that Act, was subject to any action under that Part of that Act to remove the company from the register, or had been removed from the register.
“(4) Subsections (1) to (3) apply despite the repeal of the Com- 15 panies Act 1955 by the Companies Act Repeal Act 1993.

“(5) Nothing in subsection (1) applies in relation to section 290 “(6) of the Companies Act 1955.

In this section and section 400, company and register have the same meanings as those terms had under the Companies 20 Act 1955 immediately before its repeal.
“Compare: 1993 No 126 s 3 “400 Companies restored to register or that have ceased to be in liquidation may be reregistered “(1) This section applies to a company that, but for the repeal of the 25 Companies Reregistration Act 1993, would have been deemed to have been reregistered under this Act in accordance with section 13A or 13B of the Companies Reregistration Act 1993 (which relate to companies that have been restored to the regis- ter or that have ceased to be in liquidation).
30 “(2) Sections 12 and 13A to 15 and the Schedule of the Companies Reregistration Act 1993 continue to apply to the company as if Part 7 of the Statutes Amendment Act 2012 had not been enacted.
17 Part 7 cl 37 Statutes Amendment Bill “401 References to companies incorporated under Companies Act 1955 A reference in any enactment to a company incorporated under the Companies Act 1955 or to which that Act applies must, unless the context otherwise requires, be read as including a 5 company registered under this Act or to which this Act ap- plies.” 37 (1) Schedule 4 amended In Schedule 4, replace paragraph (i)(ii)(B) to (D) with: “(B) in the case of the first annual return of a 10 company registered under this Act, since the date of registration:”.
(2) In Schedule 4, replace paragraph (i)(iv)(B) to (D) with: “(B) in the case of the first annual return of a company registered under this Act, since 15 the date of registration:”.

(3) In Schedule 4, replace paragraph (j)(ii) to (iv) with: (4) 38 “(ii) in the case of the first annual return of a company registered under this Act, since the date of regis- tration,—”.

In Schedule 4, repeal paragraph (m).


Repeals The following Acts are repealed: (a) (b) (c) Companies Act Repeal Act 1993 (1993 No 126): Companies Reregistration Act 1993 (1993 No 121): Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

20 25 39 Amendments to other Acts Amend the enactments specified in Schedule 2 of this Act as set out in that schedule.
30 18 Statutes Amendment Bill Part 8 cl 42 Part 8 Criminal Investigations (Bodily Samples) Act 1995 Principal Act This Part amends the Criminal Investigations (Bodily Sam- 5 ples) Act 1995 (the principal Act).

Section 4A amended (Detained under sentence of imprisonment) In section 4A(1), replace “a relevant offence” with “an impris- onable offence or offence against any of the provisions listed 10 in Part 3 of the Schedule”.
In section 4A(2)(a),— (a) replace “a relevant offence” with “an imprisonable of- fence or offence against any of the provisions listed in Part 3 of the Schedule”; and replace “the relevant offence” with “the offence” in each place.

(b) In section 4A(2)(b), replace “a relevant offence” with “an im- prisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”.
In section 4A(3), replace “a relevant offence” with “an impris- onable offence or offence against any of the provisions listed in Part 3 of the Schedule”.

Section 24P amended (Information that may be kept on Part 2B temporary databank) In section 24P(a), delete “relevant”.
In section 24P, insert as subsection (2): In this section, related offence means— “(a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the 30 bodily sample was taken under section 24J; or a related relevant offence, if the bodily sample was taken under section 24K.” “(b) 15 20 25 40 41 (1) (2) (3) (4) 42 (1) (2) “(2) 19 Part 8 cl 43 Statutes Amendment Bill Section 36 amended (Withdrawal of consent after sample taken) In section 36(2), replace “a relevant offence” with “an impris- onable offence or offence against any of the provisions listed in Part 3 of the Schedule”.
5 Section 39C amended (Date and place for taking of sample to be specified in databank compulsion notice) In section 39C(3) and (4), delete “relevant” in each place.

Section 40 amended (Databank compulsion notice of no effect if conviction for relevant offence quashed) In the heading to section 40, delete “for relevant offence”.

In section 40(1), delete “relevant”.


10 Section 41 amended (Databank compulsion notice hearing may be requested on certain grounds) In section 41(2)(a)(i), replace “a relevant offence” with “an 15 imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”.

In section 41(2)(a)(ii), delete “relevant”.

In section 41(2)(b), delete “relevant”.

In section 41(2)(e), delete “relevant” in each place.

In section 41(4), delete “relevant” in each place.


20 Section 43A amended (Change of circumstances before databank compulsion notice hearing takes place or is completed) In section 43A(1), delete “relevant” in each place.

25 Section 44 amended (Further databank compulsion notice) In section 44(2), delete “relevant” in each place.

Section 45 amended (Judge may issue warrant for arrest and detention) In section 45(3)(b), delete “relevant” in each place.
30 43 44 45 (1) (2) 46 (1) (2) (3) (4) (5) 47 48 49 20 50 51 Statutes Amendment Bill Part 9 cl 54 Section 47 amended (Variation by Judge on application of place and date for taking sample) In section 47(2)(b), delete “relevant” in each place.

Section 60A amended (Disposal of bodily samples and identifying information obtained under Part 2B) In section 60A(3)(a), delete “relevant”.
5 (1) (2) After section 60A(4), insert: “(5) In this section, related offence means— “(a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the 10 bodily sample was taken under section 24J; or a related relevant offence, if the bodily sample was taken under section 24K.” “(b) 52 Section 61 amended (Extension of period for which sample may be retained) In section 61(3)(a), delete “relevant”.
(1) (2) After section 61(5), insert: “(6) In this section, related offence means— “(a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the 20 bodily sample was taken under section 24J; or a related relevant offence, if the bodily sample was taken under section 24K.” “(b) 15 53 Section 62 amended (Disposal of bodily samples and identifying information obtained under Part 3) In section 62(4)(a), replace “a relevant offence” with “an im- prisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”.
Part 9 District Courts Act 1947 54 Principal Act This Part amends the District Courts Act 1947 (the principal Act).
25 30 21 Part 9 cl 55 Statutes Amendment Bill 55 Section 80 amended (Enforcement of judgments more than 6 years old) After section 80(1), insert: “(1A) A judgment that is an arbitral award entered as a judgment is more than 6 years old for the purposes of this section if 6 5 years have elapsed since the date on which the award became enforceable by action in New Zealand.” 56 Section 84N amended (Review of Registrar’s decision) In section 84N(1) (as amended by section 22(1) of the District Courts Amendment Act 2011), replace “section 84C or section 10 84E” with “section 84EA or section 84EC”.
Part 10 Electoral Act 1993 57 Principal Act This Part amends the Electoral Act 1993 (the principal Act).

15 Section 127A amended (Deposit by party secretary) 58 In section 127A(1), replace “lodge with” with “pay to”.
(1) (2) Replace section 127A(2) with: “(2) The deposit must be paid by— “(a) direct credit to a bank account nominated by the Elect- 20 oral Commission; or “(b) bank cheque; or bank draft.” “(c) 59 Section 146F amended (Deposit payable in respect of bulk nomination schedule) In section 146F(1), replace “lodge with” with “pay to”.
Replace section 146F(2) with: (1) (2) “(2) The deposit must be paid in 1 lump sum by— 25 “(a) direct credit to a bank account nominated by the Elect- oral Commission; or 30 “(b) bank cheque; or bank draft.” “(c) 22 Statutes Amendment Bill Part 12 cl 63 Part 11 Extradition Act 1999 60 61 62 63 Principal Act This Part amends the Extradition Act 1999 (the principal Act).
5 Section 101B amended (Certain crimes with transnational aspects deemed to be included in extradition treaties) In section 101B(1)(a), replace “257A” with “243”.

Part 12 Flags, Emblems, and Names Protection Act 1981 10 Principal Act This Part amends the Flags, Emblems, and Names Protection Act 1981 (the principal Act).
New section 18A inserted (Unauthorised use of words and 15 emblems relating to 28th Māori Battalion) After section 18, insert: “18A Unauthorised use of words and emblems relating to 28th Māori Battalion “(1) Subject to subsection (3), every person commits an offence 20 against this Act who, in any business, trade, or occupation and in order to obtain money (or other property) or credit, displays, exhibits, or otherwise uses any of the following in such a man- ner as to be likely to cause anyone to believe that the display, exhibition, or use is under the authority, sanction, approval, 25 appointment, or patronage of an association described in sub- section (3)(b)(i) or (iii): “(a) “(b) an emblem in Schedule 2A; or an emblem that so closely resembles one of the em- blems in Schedule 2A as to be likely to deceive or con- 30 fuse any person; or any of the following combinations of words: “(i) “(ii) ‘28th Māori Battalion’: ‘28 Māori Battalion’: “(c) 23 Part 12 cl 63 Statutes Amendment Bill “(iii) ‘Māori Battalion’: “(iv) “(v) ‘28th Māori Battalion Association’: ‘28th Maori Battalion (NZ) Association Incorp- orated’: ‘Te Ope Hōia Māori 28’: “(vi) “(vii) ‘Te Ope Taua Māori 28’: “(viii) ‘Te Hokowhitu Māori 28’; or 5 “(d) words that so closely resemble the combinations of words quoted in paragraph (c) as to be likely to deceive or confuse any person.
10 “(2) Subject to subsection (3),— “(a) “(b) every person commits an offence against this Act who causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that includes any of the combinations of words referred to 15 in subsection (1)(c) or (d); and every association (whether incorporated or unincorpor- ated) commits an offence against this Act that carries on its activities under any name, title, style, or designation that includes any of the combinations of words referred 20 to in subsection (1)(c) or (d).
“(3) Subsections (1) and (2) do not apply to the use of any em- blem, words, name, title, style, or designation— “(a) that has been authorised by the Governor-General by Order in Council; or “(b) by any of the following— 25 “(i) “(ii) the 28th Maori Battalion (NZ) Association In- corporated; or a person or class of persons or an association that has been approved in writing for the purposes 30 of this section by the 28th Maori Battalion (NZ) Association Incorporated; or “(iii) any association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated as the 35 successor of the 28th Maori Battalion (NZ) As- sociation Incorporated; or “(iv) a person or class of persons or an association that has been approved in writing for the purposes of 24 Statutes Amendment Bill Part 14 cl 68 this section by the successor of the 28th Maori Battalion (NZ) Association Incorporated referred to in subparagraph (iii).” 64 65 New Schedule 2A inserted After Schedule 2, insert the Schedule 2A set out in Schedule 5 3 of this Act.
Part 13 Gambling Act 2003 Principal Act This Part amends the Gambling Act 2003 (the principal 10 Act).

Section 286 amended (Bank accounts) In section 286(2), delete “only by cheque signed”.

66 (1) (2) After section 286(2), insert: “(3) Cash may not be withdrawn from an account referred to in 15 subsections (1) and (2).” Part 14 Health Act 1956 67 68 (1) (2) Principal Act This Part amends the Health Act 1956 (the principal Act).
20 Section 69G amended (Interpretation) In section 69G, repeal the definition of public health risk management plan.

In section 69G, insert in its appropriate alphabetical order: “water safety plan means a plan prepared and operated by a 25 drinking-water supplier or other person under section 69Z or 69ZA”.
25 Part 14 cl 69 Statutes Amendment Bill Section 69V amended (Duty to take all practicable steps to comply with drinking-water standards) In section 69V(2), replace “public health risk management” with “water safety”.

Section 69Z amended (Duty to prepare and implement public health risk management plan) In the heading to section 69Z, replace “public health risk management” with “water safety”.

In section 69Z, replace “public health risk management” with “water safety” in each place.
5 10 Section 69ZA amended (Medical officer of health may require preparation and implementation of public health risk management plan) In the heading to section 69ZA, replace “public health risk management” with “water safety”.

In section 69ZA, replace “public health risk management” with “water safety” in each place.

15 Section 69ZB amended (Duration of plans) In section 69ZB, replace “public health risk management” with “water safety”.
20 Section 69ZC amended (Review and renewal of plans) In section 69ZC, replace “public health risk management” with “water safety” in each place.

Section 69ZD amended (Duty to keep records and make them available) In section 69ZD(1), replace “public health risk management” with “water safety” in each place.

25 Section 69ZL amended (Functions of drinking-water assessors) In section 69ZL(1), replace “public health risk management” 30 with “water safety” in each place.
69 70 (1) (2) 71 (1) (2) 72 73 74 75 26 76 77 78 79 80 81 Statutes Amendment Bill Part 15 cl 81 Section 69ZP amended (Powers of drinking-water assessors and designated officers) In section 69ZP(1)(c)(iii), replace “public health risk manage- ment” with “water safety”.

Section 69ZW amended (Review of decisions of drinking-water assessors) In section 69ZW(1), replace “public health risk management” with “water safety” in each place.
5 Section 69ZZR amended (Offences against sections in this Part) In section 69ZZR(1), replace “public health risk management” with “water safety” in each place.

10 Section 69ZZT amended (Offences involving deception) In section 69ZZT(1)(d)(ii), replace “public health risk man- agement programme” with “water safety plan”.

15 Part 15 Health and Disability Commissioner Act 1994 Principal Act This Part amends the Health and Disability Commissioner 20 Act 1994 (the principal Act).
Section 9 amended (Deputy Commissioners and Mental Health Commissioner) After section 9(1), insert: “(1A) Part 2 of the Crown Entities Act 2004 (except section 46) 25 applies to the appointment and removal of a Deputy Health and Disability Commissioner in the same manner as it applies to the appointment and removal of the Commissioner.” 27 Part 15 cl 82 Statutes Amendment Bill Section 38 amended (Commissioner may decide to take no action on complaint) In the heading to section 38, after “action” insert “or further action”.
Section 47 amended (Director of Proceedings’ right to participate in disciplinary and other proceedings) In section 47(1), after “may”, insert “, after referral from the Commissioner under section 45(2)(f),”.

5 Part 16 Insolvency Act 2006 Principal Act This Part amends the Insolvency Act 2006 (the principal Act).

Section 364 amended (Debtor disqualified from entry to no asset procedure in certain cases) In section 364(b), replace “the bankrupt” with “he or she”.
10 15 Part 17 Maori Commercial Aquaculture Claims Settlement Act 2004 Principal Act This Part amends the Maori Commercial Aquaculture Claims Settlement Act 2004 (the principal Act).

20 Section 11 amended (Settlement in negotiation period) In section 11(5)(a), replace “section 14” with “section 13”.

Part 18 Parental Leave and Employment Protection Act 1987 25 Principal Act This Part amends the Parental Leave and Employment Pro- tection Act 1987 (the principal Act).
30 82 83 84 85 86 87 88 28 89 90 91 Statutes Amendment Bill Part 19 cl 92 Section 71C amended (Interpretation of this Part) In section 71C, definition of self-employed person’s average weekly earnings, paragraph (b), replace “section 71CB(1A)” with “section 71CB(2)”.

Part 19 Passports Act 1992 Principal Act This Part amends the Passports Act 1992 (the principal Act).
New section 27H and cross-heading inserted After section 27G, insert: “Cancellation of New Zealand travel document on death of holder 5 10 “27H Death of holder of New Zealand travel document “(1) If the Minister has reasonable grounds to believe that the holder of a New Zealand travel document has died, the Min- 15 ister may cancel that holder’s New Zealand travel document.
“(2) Cancellation of a holder’s New Zealand travel document under subsection (1) may be effected by cancelling the electronic record of that document stored in or on a passport database.
“(3) For the purposes of subsection (2), passport database has 20 the meaning given in section 30(3).” 92 (1) (2) Consequential amendment to Schedule 1A of Births, Deaths, Marriages, and Relationships Registration Act 1995 This section amends Schedule 1A of the Births, Deaths, Mar- 25 riages, and Relationships Registration Act 1995.
In the item relating to the Department of Internal Affairs, insert after the items in the second and third columns: Death information To identify deceased holders of New Zealand travel documents 29 Part 20 cl 93 Statutes Amendment Bill Part 20 Private Security Personnel and Private Investigators Act 2010 Principal Act This Part amends the Private Security Personnel and Private 5 Investigators Act 2010 (the principal Act).
Section 48 amended (Notice of application for certificate of approval) In section 48(2), replace “1 month” with “7 days”.
Section 49 amended (Objections by Police to application for certificate of approval) Replace section 49(1) with: 10 93 94 95 “(1) The Police may file with the Licensing Authority a notice of objection to the grant of an application for a certificate of ap- proval within 7 days after notice of the application is served 15 on them.” 96 97 98 Section 110 amended (Misleading conduct) In section 110(3), replace “subsection (1)” with “subsection (2)”.
Part 21 Real Estate Agents Act 2008 Principal Act This Part amends the Real Estate Agents Act 2008 (the prin- cipal Act).
Section 40 amended (Objections to issue of licence) After section 40(3), insert: “(3A) The notice of objection may include a request for a hearing under section 42(4).” Section 41 amended (Written submission in response by applicant) After section 41(2), insert: 99 30 20 25 30 Statutes Amendment Bill Part 21 cl 101 “(3) A written response to the Registrar may include a request for a hearing under section 42(4).” 100 Section 42 replaced (Registrar to hold hearing if notice of objection made) Replace section 42 with: 5 “42 Procedure in Registrar determining licence application and objection “(1) This section applies if notice of an objection to an application is made under section 40.
“(3) “(2) Unless subsection (4) applies, the Registrar may consider the 10 application and notice of objection to that application on the papers or by a hearing in accordance with subsection (5).

If the Registrar considers the application and notice of objec- tion to that application on the papers, he or she must consider any written submission in response that is provided by the ap- 15 plicant under section 41.
If the Registrar has received a request for a hearing under sec- tion 40(3A) or 41(3), the Registrar must hold a hearing in ac- cordance with subsection (5).
If the Registrar elects to hold a hearing under subsection (2) 20 or is required to hold a hearing under subsection (4), the Registrar must,— “(a) as soon as practicable, appoint a time and place for hear- ing the application and objection; and “(4) “(5) “(c) “(b) give at least 14 days’ notice of the hearing to the ap- 25 plicant and to any person objecting to the issue of the licence; and hear the applicant and any person objecting to the issue of the licence; and consider the evidence put before him or her, including 30 any written submission in response that is provided by the applicant under section 41.” “(d) 101 Section 43 amended (Registrar to license applicant or decline application) In section 43(1), replace “hearing” with “considering or hear- 35 ing”.
31 Part 21 cl 102 Statutes Amendment Bill 102 Section 75 amended (Authority to appoint Complaints (1) (2) (3) Assessment Committees) In section 75(2), after “members”, insert “appointed from the panel maintained under section 76”.

Repeal section 75(3) and (4).

In section 75(5), delete “(whether a member of the Authority or appointed from the panel)”.
5 103 Section 110 amended (Determination of charges and (1) (2) orders that may be made if charge proved) In section 110(2)(f), after “an individual pay”, insert “to the 10 Authority”.

In section 110(2)(f), after “a company pay”, insert “to the Au- thority”.

104 Section 133 amended (Approved guide to be provided when contractual document provided) In section 133(2)(b), replace “client” with “person”.
15 Part 22 Road User Charges Act 2012 105 Principal Act This Part amends the Road User Charges Act 2012 (the prin- 20 cipal Act).

106 Section 5 amended (Interpretation) In section 5(1), definition of permit, after “2002”, insert “for a RUC vehicle that exceeds the mass limits prescribed in section 4 of that rule”.
25 107 Section 12 amended (RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence) Replace section 12(4)(a)(i) with: “(i) the maximum allowable mass under section 30 4.5(1) of Part 1 of the VDAM Rule 2002 for the 32 Statutes Amendment Bill Part 23 cl 111 RUC vehicle and any trailers towed by the RUC vehicle; and”.
Part 23 Social Welfare (Transitional Provisions) Act 1990 108 Principal Act This Part amends the Social Welfare (Transitional Provi- sions) Act 1990 (the principal Act).
Principal Act renamed: amendments to principal Act 109 Name of principal Act changed (1) After the commencement of Part 23 of the Statutes 5 10 Amendment Act 2012,— (a) the principal Act is called the Social Welfare (Reciproc- ity Agreements, and New Zealand Artificial Limb Ser- 15 vice) Act 1990; and every reference to the principal Act in any enactment, or in any document, in force on that commencement must, unless the context otherwise requires, be read as a ref- erence to the Social Welfare (Reciprocity Agreements, 20 and New Zealand Artificial Limb Service) Act 1990.
(2) Subsection (1)(b)— (a) does not apply to a reference to a principal Act provision that was repealed before that commencement; and is subject to the other provisions of Part 23 of the 25 Statutes Amendment Act 2012.

(b) (b) 110 Title repealed Repeal the Title.

111 (1) (2) Section 1 amended (Short Title and commencement) In the heading to section 1, delete “Short”.
In section 1(1),— (a) replace “may be cited as” with “is”; and 30 33 Part 23 cl 112 Statutes Amendment Bill (b) replace “Transitional Provisions” with “Reciprocity Agreements, and New Zealand Artificial Limb Ser- vice”.

112 Part 1 heading amended In the Part 1 heading, replace “Monetary benefits” with “Re- 5 ciprocity agreements with other countries”.

113 Cross-heading above section 19 repealed Repeal the cross-heading above section 19.
Principal Act renamed: consequential amendments to other enactments 114 Child Support Act 1991 amended consequentially (1) (2) This section amends the Child Support Act 1991.

In the following provisions, replace “(Transitional Provi- sions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”: section 131: (a) section 240(2)(d): (b) section 263(2)(b)(iii).

(c) 115 Customs and Excise Act 1996 amended consequentially (1) (2) This section amends the Customs and Excise Act 1996.
In the following provisions, replace “(Transitional Provi- sions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”: (a) (b) section 280A, definition of social security agreement: section 280B(1) and (4).

Income Tax Act 2007 amended consequentially This section amends the Income Tax Act 2007.
In the following provisions, replace “(Transitional Provi- sions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”: (a) (b) section CW 28(2)(a)(ii): section YA 1, definition of portable New Zealand superannuation, paragraph (c): 116 (1) (2) 34 10 15 20 25 30 Statutes Amendment Bill Part 23 cl 119 (c) section YA 1, definition of portable veteran’s pension, paragraph (c).

(3) In section YA 1, definition of living alone payment, repeal paragraph (b).
117 New Zealand Superannuation and Retirement Income 5 Act 2001 amended consequentially This section amends the New Zealand Superannuation and Re- tirement Income Act 2001.

In the following provisions, replace “(Transitional Provi- sions)” with “(Reciprocity Agreements, and New Zealand 10 Artificial Limb Service)”: (a) section 5(1), definition of New Zealand superannu- ation, paragraph (b): section 19(10): section 21: section 26(1)(a): section 30(1)(b).
(b) (c) (d) (e) 118 Public Bodies Contracts Act 1959 amended consequentially This section amends the Public Bodies Contracts Act 1959.

In Schedule 1, Part 2, item relating to the New Zealand Arti- ficial Limb Board, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”.

15 20 25 Social Security Act 1964 amended consequentially This section amends the Social Security Act 1964.
In section 3(1), definition of benefit, paragraph (a), before “; and”, insert “(including, without limitation, any such benefit payable under this Act by virtue of an agreement or conven- tion given effect in relation to New Zealand by an order under 30 section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990)”.
In section 3(1), definition of benefit, paragraph (b)(i), after limitation, any New “1954”, Zealand superannuation, or veteran’s pension, payable under 35 insert “(including, without 35 (1) (2) (1) (2) 119 (1) (2) (3) Part 23 cl 119 Statutes Amendment Bill 10 section 5(1): section 10A(1)(b): section 11(2)(f): section 11D(9): section 12J(1A)(a): section 74AA(1A)(a): section 77(1).
that Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990)”.
In the following provisions, replace “(Transitional Provi- 5 sions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)” in each place: (a) (b) (c) (d) (e) (f) (g) In the following provisions, delete “or the Social Welfare 15 (Transitional Provisions) Act 1990”: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) In the following provisions, delete “the Social Welfare (Tran- sitional Provisions) Act 1990 or”: (a) (b) (c) (d) In section 12J(1)(c), delete “Part 1 of the Social Welfare (Tran- sitional Provisions) Act 1990 or”.
Repeal section 61H(1)(c).

In the following provisions, delete “or under the Social Wel- fare (Transitional Provisions) Act 1990” in each place: (a) section 3(1), definition of income, paragraph (f)(i): section 3(3): section 69FA(1), definition of income, paragraph (a)(i): section 70(3)(a) and (b) and (4): section 71(1): section 74(1): section 74A(5): section 80(1): section 85A(f): section 127(a).

section 11(2)(a): section 64(1) and (2A): section 75(2): section 86(2).
section 69G(1), (2), and (3): 20 35 30 25 (4) (5) (6) (7) (8) (9) 36 Statutes Amendment Bill Part 23 cl 124 section 69H(1) and (3): section 70(1).

(b) (c) In Schedule 22, clause 2, delete “under Part 1 of the Social Welfare (Transitional Provisions) Act 1990”.

(10) 120 Tax Administration Act 1994 amended consequentially (1) (2) This section amends the Tax Administration Act 1994.
In the following provisions, replace “(Transitional Provi- sions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”: (a) (b) section 85B(4)(a) and (b): section 85B(7), definition of social security agree- ment, paragraph (a).

5 10 121 War Pensions Act 1954 amended consequentially (1) (2) This section amends the War Pensions Act 1954.
In the following provisions, replace “(Transitional Provi- 15 sions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”: section 68(3): (a) section 69(1)(b): (b) section 74E: (c) section 74J(1)(a): (d) section 74N(1)(b).

(e) 20 New Zealand Artificial Limb Board renamed 122 Part 3 heading amended In the Part 3 heading, replace “Board” with “Service”.
25 123 Section 42 amended (Interpretation) (1) In section 42, definition of Board, replace “constituted by sec- tion 43” with “established on 1 April 1990 by section 43(1)”.

In section 42, insert in its appropriate alphabetical order: “Service means the Board as renamed by section 43(1A)(a)”.

30 (2) 124 Section 43 amended (New Zealand Artificial Limb Board) In the heading to section 43, replace “Board” with “Service”.
(1) 37 Part 23 cl 125 Statutes Amendment Bill (2) In section 43(1), replace “There is hereby” with “This subsec- tion on 1 April 1990”.
(3) After section 43(1), insert: “(1A) After the commencement of Part 23 of the Statutes Amendment Act 2012,— “(a) “(b) the Board is renamed, and is to be known as, New Zealand Artificial Limb Service; and a reference to the Board in an agreement, or in any other document, in force immediately before that commence- ment must be read as a reference to the Service.” the 5 10 (4) In section 43(2) and (3), replace “Board” with “Service”.
125 Section 44 amended (Functions) In section 44, replace “Board” with “Service”.

126 Section 46 amended (Membership of Board) (1) (2) In the heading to section 46, replace “Board” with “Service”.

15 In section 46(1), replace “Board shall consist” with “Service consists”.

In section 46(1)(e), replace “Area” with “District”.

In section 46(1)(f), replace “the Board” with “a majority of the current members of the Service”.

In section 46(2), replace “Members of the Board” with “Mem- bers of the Service”.
(3) (4) (5) 20 127 Section 48 amended (Review of operation of Board) (1) (2) In the heading to section 48, replace “Board” with “Service”.

In section 48,— (a) replace “the date of commencement of this Act” with “1 April 1990”; and replace “Board shall” with “Service must”.

(b) In section 48(a) and (b)(i), replace “Board” with “Service”.

In section 48(a)(i), replace “the date of the commencement of 30 this Act” with “1 April 1990”.
25 (3) (4) 38 Statutes Amendment Bill Part 23 cl 133 128 Section 49 amended (Further provisions applying to (1) (2) Board) In the heading to section 49, replace “Board” with “Service”.

In section 49, replace “shall apply in respect of the Board” with “apply in respect of the Service”.

5 129 Schedule 3 amended (1) (2) In the Schedule 3 heading, replace “Board” with “Service”.

In Schedule 3, clause 7(1), (2), and (4), replace “Board” with “Service” in each place.
In Schedule 3, clause 16, replace “Board” with “Service”.

In Schedule 3, clause 22, replace “Board shall be” with “Ser- vice is”.

(3) (4) 10 130 Crown Entities Act 2004 amended consequentially (1) (2) This section amends the Crown Entities Act 2004.

In Schedule 1, Part 2, item relating to the New Zealand Artifi- 15 cial Limb Board, replace “Board” with “Service”.

131 Ombudsmen Act 1975 amended consequentially (1) (2) This section amends the Ombudsmen Act 1975.
In Schedule 1, Part 2, item relating to the New Zealand Artifi- cial Limb Board, replace “Board” with “Service”.

132 Public Bodies Contracts Act 1959 amended (1) (2) consequentially This section amends the Public Bodies Contracts Act 1959.

In Schedule 1, Part 2, item relating to the New Zealand Artifi- cial Limb Board, replace “Board” with “Service”.

20 25 133 Social Security Act 1964 amended consequentially (1) (2) This section amends the Social Security Act 1964.
In section 126, replace “Board” with “Service”.

39 Part 24 cl 134 Statutes Amendment Bill Part 24 Statistics Act 1975 134 Principal Act This Part amends the Statistics Act 1975 (the principal Act).

135 New section 33A inserted (Waiver of obligation to answer 5 questions) After section 33, insert: “33A Waiver of obligation to answer questions “(1) This section applies to the collection of statistics by the statis- tician under this Part or under an agreement made by the statis- 10 tician under section 9.
“(2) The statistician may waive the application of all or any of sec- tions 31, 32, and 33 to the collection of particular statistics if satisfied that— “(a) special circumstances of sensitivity apply to some of 15 the questions asked and it is inappropriate to compel answers to those particular questions; and the information is being collected to enable the produc- tion of official statistics of any or all of the kinds de- scribed in section 4(a), (b), (d), and (i); and the statistical validity of the information being collected will not be unduly compromised.
20 “(b) “(c) “(3) To avoid doubt, if the statistician has granted a waiver under subsection (2) in relation to any question, any person who would otherwise be required to answer the question does not 25 commit an offence against section 43 if the person declines to answer the question.” Part 25 Summary Proceedings Act 1957 136 Principal Act 30 This Part amends the Summary Proceedings Act 1957 (the principal Act).
40 Statutes Amendment Bill Part 27 cl 143 137 Part 2 of Schedule 1 amended In Schedule 1, Part 2, replace the item relating to the Domestic Violence Act 1995 with: Domestic Violence Act 1995 Breaching protection order 49(1) Part 26 Telecommunications Act 2001 5 138 Principal Act This Part amends the Telecommunications Act 2001 (the principal Act).
139 Section 69E amended (Requirements for sharing arrangements) In section 69E(1)(d), replace “and customer information” with “information or customer confidential information”.

10 140 Section 69P amended (Register of non-retail users) In section 69P(5), replace “within 15 working days of receiv- ing the application” with “within 15 working days of public 15 notice of the application”.
141 Section 155B amended (Interpretation) In section 155B, definition of owner, paragraph (b), replace “Unit Titles Act 1972” with “Unit Titles Act 2010”.

Part 27 Unit Titles Act 2010 142 Principal Act This Part amends the Unit Titles Act 2010 (the principal Act).
143 Section 5 amended (Interpretation) In section 5(1), replace the definition of access lot with: “access lot means a separate allotment in a subdivision that was created to provide access between— “(a) any or all of the other allotments of the subdivision; and 20 25 41 Part 27 cl 144 Statutes Amendment Bill “(b) an existing road”.

144 Section 30 amended (Alteration of proposed unit development plan) In section 30(1)(b), replace “any of sections 65 to 71” with “subpart 10 of this Part”.
5 145 Section 39 amended (Utility interest (other than for future development units)) Replace section 39(2) with: “(2) The utility interest for a principal unit or accessory unit is the same as the ownership interest fixed under section 38(2), un- 10 less the utility interest— “(a) is fair and equitable, having regard to the relevant bene- fits and the costs to units, and is shown on documenta- tion required to be lodged with the unit plan deposited under section 17(1), 21(1), or 24(2)(a); or 15 “(b) has been reassessed under section 41.” 146 Section 55 replaced (Access lots) Replace section 55 with: “55 Access lots form part of common property “(1) This section applies where the registered proprietor of a parcel 20 of land that is to be subdivided to create a unit title develop- ment owns a share in an access lot relating to that parcel of land.
If this section applies, on the deposit of the unit plan, the pro- prietor’s share in the access lot becomes part of the common 25 property.” “(2) 147 Section 56 amended (Sale, lease, or licence of common property) In section 56(1) and (2), after “lease or licence over”, insert “the whole or any”.

In section 56(3), after “sell”, insert “the whole or any”.
30 (1) (2) 42 Statutes Amendment Bill Part 27 cl 154 148 Section 60 amended (Existing easements and covenants affecting base land) In section 60(3), after “by the easement”, insert “or covenant”.

149 Section 86 amended (Power of body corporate to sign document) In section 86(5), replace “pursuant to subsection (3)” with “pursuant to subsection (4)”.
5 150 Section 89 amended (Requirement for annual general meeting) Replace section 89(1) with: “(1) The first annual general meeting of a body corporate must be held as soon as practicable, and in any event within 6 months after the later of the following dates: “(a) “(b) the date of the deposit of the unit plan: the date of the settlement of the first sale of a unit.” 10 15 151 Section 100 amended (Counting of votes if poll requested) In section 100(3), replace “50%” with “a majority”.
152 Section 104 amended (Passing of resolution without general meeting) In section 104(3), replace “not less than 50% of eligible voters 20 in respect of an ordinary resolution or 75% of eligible voters in respect of a special resolution” with “a majority of eligible voters in respect of an ordinary resolution, and not less than 75% of eligible voters in respect of a special resolution,”.
153 Section 127 amended (Recovery of money expended 25 where person at fault) In section 127(1), replace “body corporate rules” with “body corporate operational rules”.
154 Section 138 amended (Body corporate duties of repair and maintenance) Replace section 138(1) and (2) with: (1) “(1) The body corporate must repair and maintain— 30 43 Part 27 cl 155 Statutes Amendment Bill “(a) “(b) “(c) “(d) the common property; and any assets designed for use in connection with the com- mon property; and any other assets owned by the body corporate; and any building elements and infrastructure that relate to 5 or serve more than 1 unit.” In section 138(5)(b), after “development”, insert “; and”.
(2) (3) After section 138(5)(b), insert: “(c) the duty to repair and maintain includes (without limi- tation) a duty to manage (for the purpose of repair and 10 maintenance), to keep in a good state of repair, and to renew where necessary.” 155 Section 144 amended (Interpretation) In section 144, insert in its appropriate alphabetical order: “contain, in relation to information or any certificate to be 15 contained in any disclosure statement, includes attaching the information or certificate to, or in any other way incorporating it so it forms part of, the disclosure statement”.
156 Section 147 amended (Pre-settlement disclosure to buyer) In section 147(3)(b), delete “or be accompanied by”.

20 157 Section 148 amended (Buyer may request additional disclosure) In section 148(4), after “prescribed information”, insert “or, if the buyer has requested only specific prescribed information, the specific prescribed information requested”.

158 Section 166 amended (Expiry of lease) (1) In section 166(1), replace “Despite section 50(c), the term” with “The term”.
In section 166(3), replace “Despite section 50(c), at any time” with “At any time”.
In section 166(5), replace “The Registrar, on receiving the cer- tificate, if the Registrar is satisfied that the term of the lease or any extended or renewed term has expired, and subject to the provisions of subsection (6), must—” with “On receiving a (2) (3) 44 25 30 Statutes Amendment Bill Part 27 cl 160 (4) “(7) certificate of expiry, if the Registrar is satisfied that the term of the lease or any extended or renewed term has expired, he or she must—”.
Replace section 166(7) with: If the Registrar is served with a copy of an application under 5 subsection (6), the Registrar may not take any action referred to in subsection (5) unless or until the Registrar is satisfied that the application for relief has been withdrawn or refused.” 159 Section 171 amended (Jurisdiction of Tenancy Tribunals) (1) After section 171(1), insert: “(1A) To avoid doubt, and without limiting subsection (1), a unit title dispute may relate to a claim for unpaid levies.” 10 (2) After section 171(3), insert: “(3A) Without limiting the provisions of the Residential Tenancies Act 1986 that apply to a Tenancy Tribunal by virtue of section 15 176 of this Act, a Tenancy Tribunal may, in relation to a unit title dispute within its jurisdiction under this section, do any of the following: “(a) order any party to do anything necessary to remedy a breach by that party of an obligation arising under this 20 Act, the body corporate operational rules, or any agree- ment that is binding on the party and relevant to the unit title dispute: “(b) order any party to refrain from doing anything that would constitute a breach of an obligation arising under 25 this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute: “(c) make any supplementary orders of a consequential or ancillary nature necessary to exercise or perfect the ex- 30 ercise of any of its jurisdiction.” 160 Section 173 amended (Jurisdiction of High Court) After section 173(1), insert: “(1A) In addition to the jurisdiction conferred under subsection (1), the High Court also has jurisdiction to hear and determine a 35 45 Part 27 cl 161 Statutes Amendment Bill unit title dispute relating to the application of insurance money under section 136(4) for amounts in excess of $50,000.” 161 Section 210 amended (General relief for minority where resolution required) After section 210(1), insert: “(1A) Subsection (1) does not apply if the resolution is a designated resolution.” 162 Section 211 amended (Relief in cases where special resolution required) After section 211(1), insert: “(1A) An application for relief under subsection (1) must be made within 28 days of the close of voting on the resolution.
(How- ever, this subclause does not apply if the close of voting was before this subsection comes into force.

)” 5 10 163 Section 213 amended (Notices of designated resolutions) 15 In section 213(5), delete “has made an application for relief under section 210 or”.

Part 28 Unsolicited Electronic Messages Act 2007 164 Principal Act This Part amends the Unsolicited Electronic Messages Act 2007 (the principal Act).

165 Section 58 amended (Regulations) Repeal section 58(k).
Part 29 Wills Act 2007 166 Principal Act This Part amends the Wills Act 2007 (the principal Act).

20 25 46 Statutes Amendment Bill Part 30 cl 169 167 Section 40A amended (Application of Wills (Validity) Amendment Act 2012) In the heading to section 40A, delete “(Validity)”.

Part 30 Wine Act 2003 168 Principal Act This Part amends the Wine Act 2003 (the principal Act).
169 Section 14 amended (Contents of and requirements for wine standards management plans) After section 14(2), insert: “(2A) However, in relation to wine made for export, a wine stand- ards management plan need not comply with a New Zealand food standard to the extent that the standard’s labelling re- quirements conflict with the labelling requirements of the country that imports the wine.” 5 10 15 47 Schedule 1 Statutes Amendment Bill Schedule 1 New Schedule 1AA inserted s 27 s 2A Schedule 1AA Application, transitional, and savings provisions related to amendments to this Act Application of sections 311, 314, and 317 (supervision with residence orders: early release from custody) Sections 311, 314, and 317, as those sections are amended by Part 6 of the Statutes Amendment Act 2012, apply to a 10 supervision with residence order under section 311(1)— (a) made, and that has not expired, before that Part’s com- 5 mencement; or (b) made after that Part’s commencement.
Adjournment date of pre-commencement supervision with residence orders Section 314 as amended by Part 6 of the Statutes Amend- ment Act 2012 applies to an order specified in clause (1)(a) as if the adjournment date under section 311(2A)(a) (as in force before that Part’s commencement) were the adjourn- 20 ment date under section 311(2A)(a) (as in force after that commencement).
15 1 2 48 Statutes Amendment Bill Schedule 2 Schedule 2 Amendments to other Acts to remove references to Companies Act 1955 s 39 Administration Act 1969 (1969 No 52) Replace section 64A(1) with: “(1) This section applies to a company within the meaning of sec- tion 2(1) of the Companies Act 1993 that has issued shares or debentures.” 5 Agricultural and Pastoral Societies Amendment Act 1993 (1993 No 110) Repeal section 4.
10 Airport Authorities Act 1966 (1966 No 51) In section 2, definition of airport company, replace “Companies Act 1955 or the Companies Act 1993, as the case may be,” with “Companies Act 1993”.

In the heading to section 3C, replace “Acts” with “Act 1993”.

In section 3C, delete “the Companies Act 1955 or”.

Repeal section 3CA.

Bills of Exchange Act 1908 (1908 No 15) Repeal section 98(2)(b).
15 20 Biosecurity Act 1993 (1993 No 95) In section 145(2), replace “company formed and registered under the Companies Act 1955 or under any of the enactments referred to in the definition in section 2(1) of that Act of the term existing company” with “company (within the meaning of section 2(1) of the Companies 25 Act 1993)”.

Building Societies Act 1965 (1965 No 22) In section 2(2), replace “the Companies Act 1955 or the Companies Act 1993, as the case may be,” with “the Companies Act 1993”.
49 Schedule 2 Statutes Amendment Bill Building Societies Act 1965 (1965 No 22)—continued Replace section 104(1)(c)(i) and (ii) with: “(i) “(ii) in the case of a company registered under the Companies Act 1993, shares on which the amount paid under the constitution of the com- pany or under the terms of issue exceeded 2.5% 5 of the amount paid on the issued shares of the company under the constitution or under the terms of issue; or in the case of any other body corporate, shares or other equity instruments on which the amount 10 paid under the terms of issue exceeded 2.5% of the amount paid on the issue of all shares and equity instruments of the body corporate; or”.
In section 107(5), after “shall apply”, insert “(as if that section were still in force)”.

In section 107(5), replace “applies” with “applied”.
Replace section 113H(2) with: “(2) Nothing in subsection (1) prevents a company into which a society has become converted from issuing any shares that a company incorporated under the Companies Act 1993 is au- 20 thorised or permitted to issue.” 15 Replace section 122D(4)(b) with: “(b) in the case of a company, apply to have the company put into liquidation under the Companies Act 1993.” Building Societies Amendment Act 1993 (1993 No 111) Repeal section 9.
25 Carriage of Goods Act 1979 (1979 No 43) In section 11(4), replace “Companies Act 1955” with “Companies Act 1993”.

Charitable Trusts Act 1957 (1957 No 18) In section 29(6), replace “section 9 of the Companies Act 1955” with “section 363 of the Companies Act 1993”.

30 50 Statutes Amendment Bill Schedule 2 Charitable Trusts Amendment Act 1993 (1993 No 112) Repeal section 4.
Civil Aviation Act 1990 (1990 No 98) In section 2(1), replace the definition of Corporation with: “Corporation means Airways Corporation of New Zealand 5 Limited, a company that is a State enterprise under the State- Owned Enterprises Act 1986”.
Commerce Act 1986 (1986 No 5) Replace section 2(7)(a) and (b) with: “(a) one of them is a body corporate of which the other is a 10 subsidiary (within the meaning of section 5 of the Com- panies Act 1993); or “(b) both of them are subsidiaries (within the meaning of that section) of the same body corporate; or”.
Replace section 2(7A) with: “(7A) For the purposes of subsection (7)(a) and (b), no body cor- porate may be regarded as a subsidiary (within the meaning of section 5 of the Companies Act 1993) of the Crown.” 15 Co-operative Companies Act 1996 (1996 No 24) In section 2(1), repeal the definitions of existing company and exist- 20 ing co-operative company.

Repeal sections 8, 9, 37, and 38.


Corporations (Investigation and Management) Act 1989 (1989 No 11) In section 2(1), replace the definition of subsidiary with: 25 “subsidiary means a subsidiary within the meaning of section 5 of the Companies Act 1993.” Replace section 2(2)(b) with: “(b) that person owns directly or indirectly 20% of the issued shares of the corporation, other than shares that carry 30 no right to participate beyond a specified amount in a distribution of either profits or capital:”.
51 Schedule 2 Statutes Amendment Bill Corporations (Investigation and Management) Act 1989 (1989 No 11)—continued Replace section 2(2)(d) with: “(d) the corporation owns directly or indirectly 20% or more of the issued shares of that person, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital.” 5 In section 4, delete “the Companies Act 1955 or”.
Replace section 52(1)(a) with: “(a) in the case of a corporation that may be put into liquid- ation under the Companies Act 1993, apply under that Act to put the corporation into liquidation:”.

10 In section 54(4), delete “the Companies Act 1955 or”.

Repeal section 71(1) to (3).

Crown Research Institutes Act 1992 (1992 No 47) In section 43(2), replace “Companies Act 1955” with “Companies Act 1993”.
15 Customs and Excise Act 1996 (1996 No 27) In section 96(d)(i), replace “section 158 of the Companies Act 1955 or section 5 of the Companies Act 1993, as the case may be” with “section 5 of the Companies Act 1993”.

In section 96(d)(iii), delete “section 158 of the Companies Act 1955 20 or”.

In section 98(2), replace “section 279 of the Companies Act 1955, section 305 of the Companies Act 1993,” with “section 305 of the Companies Act 1993”.
In section 101(3), replace “section 286 of, and Schedule 8C of, the 25 Companies Act 1955, or section 312 of, and Schedule 7 of, the Com- panies Act 1993, as the case may be” with “section 312 of, and Sched- ule 7 of, the Companies Act 1993”.

Repeal section 284(1)(a).
Defamation Act 1992 (1992 No 105) In Schedule 1, Part 2, clause 9(2)(c), replace “New Zealand,—” with “New Zealand.” 30 52 Statutes Amendment Bill Schedule 2 Defamation Act 1992 (1992 No 105)—continued In Schedule 1, Part 2, clause 9(2), delete “but does not apply to any private company within the meaning of the Companies Act 1955.” Energy Companies Act 1992 (1992 No 56) In section 2(1), replace the definition of rules with: “rules, in relation to an energy company, means the constitu- 5 tion of the energy company”.
In section 2(1), replace the definition of subsidiary with: “subsidiary has the same meaning as in section 5 of the Com- panies Act 1993”.

In the heading to section 32, delete “under Companies Act 1955”.

In section 32(5), replace “and subject to subsection (6), the Compan- ies Act 1955 or the Companies Act 1993, as the case may be, shall apply” with “the Companies Act 1993 applies”.

Repeal section 32(6).


Replace section 39(2)(i)(ii) with: 10 15 “(ii) every company that, in relation to any member of the group, is a related company (as defined in section 2(3) of the Companies Act 1993):”.

In section 48(1)(a)(i), replace “nominal value (in relation to a com- pany registered under the Companies Act 1955) or consideration for 20 the issue (in relation to a company registered under the Companies Act 1993)” with “consideration for the issue”.

Repeal section 48(4).


Repeal section 68(1)(a) and (2)(a).

Repeal section 68(4).

25 Estate and Gift Duties Act 1968 (1968 No 35) In section 74C(2), delete “or section 209D of the Companies Act 1955”.
Fair Trading Act 1986 (1986 No 121) In section 15(3)(c), replace “(within the meaning of sections 158 and 30 158A of the Companies Act 1955 or sections 5 and 6 of the Compan- ies Act 1993, as the case may be), or if both of them are subsidiaries 53 Schedule 2 Statutes Amendment Bill Fair Trading Act 1986 (1986 No 121)—continued (within the meaning of those sections)” with “(within the meaning of section 5 of the Companies Act 1993), or if both of them are sub- sidiaries (within the meaning of that section)”.
Finance Act (No 3) 1940 (1940 No 26) Repeal section 7.

Finance Act (No 2) 1981 (1981 No 110) Repeal section 6.

5 Finance Act 1994 (1994 No 73) In section 2(1), replace the definition of subsidiary with: “subsidiary has the same meaning as in section 5 of the Com- 10 panies Act 1993.” Friendly Societies and Credit Unions Act 1982 (1982 No 118) In section 82(4)(b), replace “Companies Act 1955 or the Companies Act 1993, as the case may be” with “Companies Act 1993”.
In section 83(3), (7), and (8), replace “Companies Act 1955 or the 15 Companies Act 1993, as the case may be” with “Companies Act 1993”.

Repeal section 90A.

Repeal section 138A.

Government Superannuation Fund Act 1956 (1956 No 47) Replace section 2A(2)(c) with: “(c) subsidiary has the same meaning as in section 5 of the Companies Act 1993.” Health Sector (Transfers) Act 1993 (1993 No 23) In Schedule 1, repeal clause 14.
Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76) In section 2(1), repeal the definition of rules.

In section 2(1), repeal the definition of subsidiary.

54 20 25 Statutes Amendment Bill Schedule 2 Immigration Advisers Licensing Act 2007 (2007 No 15) In section 15(1)(b), delete “(or any corresponding provision of the Companies Act 1955)”.

Income Tax Act 2007 (2007 No 97) In section EZ 38(8)(d)(ii), delete “or the Companies Act 1955”.
In section FO 4(2), delete “section 209G of the Companies Act 1955 or”.

In section LP 6(1)(b), delete “or its articles of association”.

Incorporated Societies Amendment Act 1993 (1993 No 114) Repeal section 5.

5 10 Industrial and Provident Societies Act 1908 (1908 No 81) In section 10(c), delete “the Companies Act 1955 or”.

In section 14A(6), replace “the Companies Act 1955 or the Compan- ies Act 1993, as the case may be” with “the Companies Act 1993”.
Industrial and Provident Societies Amendment Act 1919 (1919 No 41) Replace section 2(1) with: “(1) A company registered under the Companies Act 1993 may, by a special resolution, determine to convert itself into a regis- tered society under the principal Act.” 15 20 Repeal section 2(1A)(a).

Replace section 2(5)(a) with: “(a) the registration of the company under the Companies Act 1993 ceases and must be cancelled by the Registrar of Companies; and”.
25 Industrial and Provident Societies Amendment Act 1993 (1993 No 115) Repeal section 5.

55 Schedule 2 Statutes Amendment Bill Inspector-General of Intelligence and Security Act 1996 (1996 No 47) In section 2(1), definition of New Zealand person, replace paragraph (b)(i) with: “(i) any company within the meaning of the Compan- 5 ies Act 1993 that is, for the purposes of that Act, a subsidiary of any body corporate incorporated outside New Zealand; or”.
In section 2(1), definition of New Zealand person, paragraph (b)(ii), replace “the Companies Act 1955 or the Companies Act 1993, as the 10 case may be” with “the Companies Act 1993”.

Insurance Intermediaries Act 1994 (1994 No 41) In section 17(1)(b), delete “section 199N(1) of the Companies Act 1955 or”.

In section 17(2), delete “or the Companies Act 1955”.
Joint Family Homes Act 1964 (1964 No 45) In section 2, definition of constitution, delete “; and, in relation to a company within the meaning of section 2 of the Companies Act 1955, means the articles of association of the company”.
In section 2, replace the definition of share register with: “share register, in relation to a company within the meaning of section 2(1) of the Companies Act 1993, means the com- pany’s share register.” 15 20 In section 8(1)(c), delete “, in the case of a company within the mean- ing of section 2 of the Companies Act 1955, section 90 of that Act 25 or the articles of association of the company, or in the case of a com- pany within the meaning of section 2 of the Companies Act 1993,”.

Repeal section 8(3).


Replace section 13 with: “13 Power of court to rectify share register 30 Section 91 of the Companies Act 1993 applies to any action of, or omission by, the company in complying with the require- ments of section 12.” Judicature Act 1908 (1908 No 89) Repeal section 17A(1)(b).
56 35 Statutes Amendment Bill Schedule 2 Judicature Act 1908 (1908 No 89)—continued Replace section 24B(1)(f) with: “(f) the following proceedings in relation to companies registered under the Companies Act 1993: “(i) applications for directions by liquidators and re- ceivers: “(ii) defended applications under section 174 of the Companies Act 1993: “(iii) disputes relating to takeovers: “(iv) disputes between shareholders or classes of 5 shareholders of companies (other than compan- 10 ies having not more than 25 shareholders):”.
In section 26I(1)(b), replace “Companies Act 1955 or the Companies Act 1993, as the case may be” with “Companies Act 1993”.

Repeal section 26I(2)(b) to (d).

In section 26I(2)(j), delete “under the Companies Act 1955 or”.

15 Land Transfer Act 1952 (1952 No 52) In section 121A(1), replace the definition of company with: “company has the same meaning as in section 2(1) of the Companies Act 1993, and, in relation to a licence, means the company by which the licence was issued”.
20 In section 121A(1), replace the definition of constitution with: “constitution has the same meaning as in section 2(1) of the Companies Act 1993”.

In section 121A(1), replace the definition of share register with: “share register has the same meaning as in section 2(1) of the 25 Companies Act 1993.” Repeal section 121A(2).
Replace section 121B(1) with: “(1) Every flat or office owning company must issue to every share- holder in the company a share certificate that complies with the 30 requirements of section 95(1)(a), (b), and (c) of the Compan- ies Act 1993.” Land Transfer Amendment Act 1993 (1993 No 124) Repeal section 5.

57 Schedule 2 Statutes Amendment Bill Lawyers and Conveyancers Act 2006 (2006 No 1) In section 322(5)(c)(i) and (d)(i), delete “the Companies Act 1955 or”.
In section 322(6), definition of company, replace paragraph (a) with: “(a) means a company registered under the Companies Act 5 1993; and”.

Maritime Transport Act 1994 (1994 No 104) In section 257, definition of New Zealand marine incineration fa- cility, paragraph (c), delete “the Companies Act 1955 or”.
10 Official Information Act 1982 (1982 No 156) Replace section 2(1A) with: “(1A) For the purposes of Schedule 1, a company registered under the Companies Act 1993 is a related company of a State en- terprise if the State enterprise, whether alone or together with any other State enterprise, directly or indirectly owns, or con- 15 trols the exercise of all the voting rights attaching to, the is- sued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital).” Ombudsmen Act 1975 (1975 No 9) Replace section 2(2) to (4) with: “(2) For the purposes of Part 2 of Schedule 1, a company registered 20 under the Companies Act 1993 is a related company of— “(a) a Crown Research Institute if the Crown Research In- stitute, whether alone or together with any other Crown 25 Research Institute, directly or indirectly owns, or con- trols the exercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital): a district health board if the district health board, whether alone or together with any other district health board, directly or indirectly owns, or controls the ex- ercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry 35 30 “(b) 58 Statutes Amendment Bill Schedule 2 Ombudsmen Act 1975 (1975 No 9)—continued “(c) no right to participate beyond a specified amount in a distribution of either profits or capital): a State enterprise if the State enterprise, whether alone or together with any other State enterprise, directly or indirectly owns, or controls the exercise of all the vot- 5 ing rights attaching to, the issued shares of the com- pany (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital).” In Schedule 1, Part 2, item relating to related companies of Crown 10 Research Institutes, replace “section 2(3)” with “section 2(2)(a)”.
In Schedule 1, Part 2, item relating to related companies of district health boards, replace “section 2(4)” with “section 2(2)(b)”.

In Schedule 1, Part 2, item relating to related companies of State enterprises, replace “section 2(2)” with “section 2(2)(c)”.
15 Parental Leave and Employment Protection Act 1987 (1987 No 129) In section 2(1), replace the definition of company with: “company has the same meaning as in section 2(1) of the Companies Act 1993; and includes an overseas company 20 within the meaning of that Act”.

Partnership Act 1908 (1908 No 139) In section 4(2), delete “the Companies Act 1955 or”.
Pork Industry Board Act 1997 (1997 No 106) In section 24(1)(b), replace “sections 158 and 158A of the Companies 25 Act 1955 or sections 5 and 6 of the Companies Act 1993, as the case may be” with “section 5 of the Companies Act 1993”.

Port Companies Act 1988 (1988 No 91) In section 2(1), replace the definition of subsidiary with: “subsidiary has the same meaning as in section 5 of the Com- 30 panies Act 1993”.

In section 4, delete “the memorandum or articles or”.
59 Schedule 2 Statutes Amendment Bill Port Companies Act 1988 (1988 No 91)—continued In section 6(1), delete “articles of association or”.

In section 7A(1), replace “in its memorandum or articles of associ- ation or in its constitution, as the case may be,” with “in its constitu- tion”.
Replace section 7A(5) with: “(5) Every alteration has effect as if it were an alteration to the con- stitution of the company made in accordance with the Com- panies Act 1993, and, for the purposes of that Act, the notice of the alteration given to the port company by the Minister under subsection (3) is deemed to be a special resolution of 10 the port company concerned made on the date on which the last of the notices was sent under that subsection.” 5 Replace section 20(1)(a) with: “(a) a related company (as defined in section 2(3) of the Companies Act 1993) to a port company; or”.
15 Privacy Act 1993 (1993 No 28) In Schedule 2, Part 1, repeal the item relating to the Companies Act 1955.

Protection of Personal and Property Rights Act 1988 (1988 No 4) In section 57(2), replace “equity share capital or issued shares, as the 20 case may be” with “issued shares”.
Replace section 57(3) with: “(3) For the purposes of subsection (2),— “company has the same meaning as in section 2(1) of the Companies Act 1993 “subsidiary has the same meaning as in section 5 of the Com- panies Act 1993.” 25 Public Finance Act 1989 (1989 No 44) In section 2(1), replace the definition of company with: “company means a company within the meaning of the Com- 30 panies Act 1993”.
60 Statutes Amendment Bill Schedule 2 Public Finance Act 1989 (1989 No 44)—continued In section 2(1), replace the definition of subsidiary with: “subsidiary has the same meaning as in section 5 of the Com- panies Act 1993”.

Public Works Act 1981 (1981 No 35) In section 111A(1)(c), replace “incorporated under the Companies 5 Act 1955 pursuant to” with “that is a State enterprise under”.
In section 226(1), replace “the Companies Act 1955 or the Compan- ies Act 1993 the articles of association or the constitution, as the case may be,” with “the Companies Act 1993 the constitution”.

Radiocommunications Act 1989 (1989 No 148) In section 2(1), definition of Radio New Zealand, replace “sections 158 and 158A of the Companies Act 1955 or sections 5 and 6 of the Companies Act 1993, as the case may be” with “section 5 of the Companies Act 1993”.
Radio New Zealand Act 1995 (1995 No 52) In section 2, replace the definition of constitution with: “constitution means the constitution (within the meaning of the Companies Act 1993) of the public radio company”.

In section 19(3), delete “the Companies Act 1955 or”.

Receiverships Act 1993 (1993 No 122) In section 2(1), replace the definition of company with: 10 15 20 “company has the same meaning as in section 2(1) of the Companies Act 1993; and includes an overseas company”.
In section 2(1), definition of director, paragraph (a), replace “within the meaning of section 2 of the Companies Act 1955 or a company 25 within the meaning of section 2 of the Companies Act 1993, as the case may be” with “within the meaning of section 2(1) of the Com- panies Act 1993”.

In section 2(1), definition of liquidator, replace “Part 6 of the Com- panies Act 1955 or under Part 16 of the Companies Act 1993, as the 30 case may be” with “Part 16 of the Companies Act 1993”.
61 Schedule 2 Statutes Amendment Bill Receiverships Act 1993 (1993 No 122)—continued 5 In section 2(1), definition of Registrar, paragraph (a), replace “sec- tion 2 of the Companies Act 1955 or section 2 of the Companies Act 1993, as the case may be” with “section 2(1) of the Companies Act 1993”.

Repeal section 5(1)(ia).

Repeal section 13(2).


Replace section 13(3) and (4) with: “(3) A document signed on behalf of a grantor that is a company within the meaning of section 2(1) of the Companies Act 1993 by a receiver is deemed to have been properly executed for the 10 purposes of section 180 of the Companies Act 1993.
“(4) Despite any other enactment or rule of law, or any document defining the constitution of a grantor that is a body corporate, if the instrument under which a receiver is appointed empow- ers the receiver to execute documents (and, if the grantor has 15 a common seal, to use the grantor’s common seal for that pur- pose), the receiver may execute the documents in the name and on behalf of the grantor (and, if the grantor has a common seal, the receiver may affix the common seal to the documents and attest to the affixing of the common seal).” 20 Repeal section 28(1)(a).
Repeal section 30(4).

Reserve Bank of New Zealand Act 1989 (1989 No 157) In section 2(1), replace the definition of holding company with: “holding company means a holding company within the 25 meaning of section 5 of the Companies Act 1993”.

In section 2(1), replace the definition of subsidiary with: “subsidiary means a subsidiary within the meaning of section 5(1)(a)(iii) and (b) of the Companies Act 1993”.

Repeal section 46(1)(h).

Repeal section 58(f).


30 Rural Intermediate Credit Act 1927 (1927 No 45) In section 42(5), replace “the Companies Act 1955 or the Companies Act 1993, as the case may be” with “the Companies Act 1993”.
62 5 10 Statutes Amendment Bill Schedule 2 Rural Intermediate Credit Act 1927 (1927 No 45)—continued Replace section 47(3) with: “(3) Despite anything to the contrary in the Companies Act 1993, the regulations of an association incorporated under this Act may not come into force or be amended except with the ap- proval of the Corporation.” Replace section 50(b) with: “(b) 10 times the amount owing under the constitution of the association or the terms of issue for that person’s shares in the association,—”.
Replace section 51(1) with: “(1) If application for a loan is made to an association by any per- son who is not a member or shareholder of the association, the application is deemed to include an application for shares in the association on which the amount payable under the con- stitution or by the terms of issue equals 10% of the amount of 15 the loan, but in no case less than 25 shares.” In section 51(2), delete “the nominal value of the shares or”.
In section 59, replace “the Companies Act 1955 or the Companies Act 1993, as the case may be” with “the Companies Act 1993”.

Rural Intermediate Credit Amendment Act 1946 (1946 No 5) In section 2, replace the definition of Association with: “association means a co-operative rural intermediate credit association established under and for the purposes of the prin- cipal Act and incorporated under the Companies Act 1993”.
Replace section 10(2)(c) with: “(c) excluding any provisions of the Companies Act 1993 from operation in relation to any association:”.

Sale of Liquor Act 1989 (1989 No 63) Repeal section 216(c)(iii).

Repeal section 219W(c).

In section 219W(d), delete “to whom an order made under section 199L of the Companies Act 1955 applies (or would apply but for the repeal of that Act) or”.
20 25 30 63 Schedule 2 Statutes Amendment Bill Smoke-free Environments Act 1990 (1990 No 108) In section 2(1), definition of company name, delete “the Companies Act 1955 or”.

Social Security Act 1964 (1964 No 136) In section 3(1), definition of income, paragraph (d)(v), delete “art- 5 icles of association or”.
In section 80B, definition of redundancy payment, replace para- graph (g) with: “(g) any payment made by a company (within the meaning of the Companies Act 1993) to a director of the com- 10 pany under section 161 of the Companies Act 1993; or”.

In section 80B, definition of retirement payment, replace paragraph (e) with: “(e) any payment made by a company (within the meaning of the Companies Act 1993) to a director of the com- 15 pany under section 161 of the Companies Act 1993; or”.
State-Owned Enterprises Act 1986 (1986 No 124) In section 2, replace the definition of company with: “company has the same meaning as in section 2(1) of the Companies Act 1993”.
20 In section 2, replace the definition of rules with: “rules means,— “(a) “(b) in relation to a State enterprise that is a company, the constitution of the State enterprise: in relation to a State enterprise that is not a company, 25 the documents relating to the State enterprise that are comparable to the constitution of a company”.
In section 2, replace the definition of subsidiary with: “subsidiary has the same meaning as in section 5 of the Com- panies Act 1993.” 30 In section 12(2)(c), replace “the Companies Act 1955, the Companies Act 1993,” with “the Companies Act 1993”.

Repeal section 30(2) and (3).
64 Statutes Amendment Bill Schedule 2 State-Owned Enterprises Act 1986 (1986 No 124)—continued Replace section 30A(2) with: “(2) The Minister must not recommend the making of an order under subsection (1) in respect of a State enterprise unless sat- isfied that there has been issued to it under section 23(3)(b) of the Companies Act 1993 a certificate of incorporation record- 5 ing a change of its name to the name proposed to be substituted by the order.” Statutes Amendment Act 1939 (1939 No 39) In section 33(2)(b), replace “a company under the Companies Act 1955 or the Companies Act 1993” with “a company under the Com- 10 panies Act 1993”.
Tax Administration Act 1994 (1994 No 166) In section 75(a), delete “Part 5A or Part 5C of the Companies Act 1955 or”.

In section 76, delete “section 209G of the Companies Act 1955 or”.

15 In section 167(3), delete “, and in particular section 308 of the Com- panies Act 1955 shall apply subject to this section”.

In section 170(3), delete “, and in particular section 308 of the Com- panies Act 1955 shall apply subject to this section”.
20 25 Te Ture Whenua Maori Act 1993 (1993 No 4) In section 270(5), replace “section 42 of the Companies Act 1955 as to the form of contracts shall apply” with “section 180 of the Com- panies Act 1993 as to the method of contracting apply”.

Trade Unions Act 1908 (1908 No 196) Repeal section 6(1)(a).

Trustee Act 1956 (1956 No 61) Repeal section 25A.

Trustee Companies Act 1967 (1967 No 35) In section 17(1), replace “articles of association” with “constitution”.
65 Schedule 2 Statutes Amendment Bill Trustee Companies Act 1967 (1967 No 35)—continued In section 17(2), replace “Companies Act 1955” with “Companies Act 1993”.

Repeal section 25.

In section 26(3), replace “Companies Act 1955” with “Companies Act 1993”.

In section 46(2), replace “articles of association” with “constitution”.

5 Trustee Companies Management Act 1975 (1975 No 25) In section 3(3), replace “Companies Act 1955” with “Companies Act 1993”.
In section 13(4), replace “receiver or manager of the property ap- 10 pointed under Part 7 of the Companies Act 1955” with “receiver ap- pointed in accordance with the Receiverships Act 1993”.

In section 13(5), replace “receiver or manager appointed under Part 7 of the Companies Act 1955” with “receiver appointed in accordance with the Receiverships Act 1993”.

In the heading to section 24, replace “Companies Act 1955” with “Companies Act 1993”.
Replace section 24(2) and (3) with: “(2) Nothing in sections 120, 196 to 209B, and 214 of the Com- 15 panies Act 1993 applies to a trustee company or an associated 20 company to which this Act applies.

“(3) Nothing in the Receiverships Act 1993 applies to a trustee company or an associated company to which this Act applies.
“(4) Nothing in the Companies Act 1993 requires the board of a trustee company or an associated company to which this Act 25 applies to file any annual or other return under that Act in re- spect of that company.” Repeal the Schedule.
Unclaimed Money Act 1971 (1971 No 28) In section 4(3), replace “accordingly:” with “accordingly.” In section 4(3), delete “provided that this subsection shall not apply to any money of the kind referred to in section 330 of the Companies Act 1955.” 30 66 Statutes Amendment Bill Schedule 3 Schedule 3 New Schedule 2A inserted in Flags, Emblems, and Names Protection Act 1981 s 64 Schedule 2A Emblems of 28th Maori Battalion (NZ) Association Incorporated s 18A 5 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 67