COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020

1: Title
This Act is the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary
Overview
3: Overview of Act
1: This Act provides processes for an entity affected by COVID-19—
a: to, in some circumstances, use electronic means for doing things if its constitution or rules would otherwise prevent this; and
b: to modify certain requirements or restrictions in its constitution or rules if it is not reasonably practicable to comply with them.
2: The processes are in Part 2
3: Modifications made to constitutions or rules under section 13 or 13A see sections 10 , 10A 11
4: This Act also provides, in Part 3
a: powers for responsible Registrars and Ministers to exempt classes of persons from certain provisions of specified enactments; and
b: powers for the Chief Judge of the Māori Land Court to grant relief from compliance with terms of certain orders made under Te Ture Whenua Maori Act 1993
4A: The ability to use the processes in Part 2 Part 3 section 42
4B: Amendments to this Act made by the COVID-19 Response (Management Measures) Legislation Act 2021 initial 2021/22 period section 42B
5: This section is only a guide to the general scheme and effect of this Act. Section 3(3) amended 3 November 2021 clause 4(1)﻿(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 3(3) amended 3 November 2021 clause 4(1)﻿(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 3(4A) inserted 3 November 2021 clause 4(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 3(4B) inserted 3 November 2021 clause 4(2) COVID-19 Response (Management Measures) Legislation Act 2021 Interpretation
4: Meaning of entity
1: In this Act, entity
a: assembled owners under Part 9
b: a building society:
c: a charitable trust board:
d: a company:
e: a credit union:
f: a firm:
g: a friendly society:
h: an incorporated society:
i: an industrial and provident society:
j: a limited partnership:
k: a mandated iwi organisation:
l: a Māori association:
m: a Māori land trust:
n: a Māori incorporation:
o: a body corporate or the trustees of a trust appointed to administer a Māori reservation:
p: a Māori Trust Board.
2: For the purposes of Part 2 entity
3: See section 7
5: Meaning of specified Act
In this Act, specified Act
a: the Building Societies Act 1965
b: the Charitable Trusts Act 1957
c: the Companies Act 1993
d: the Friendly Societies and Credit Unions Act 1982
e: the Incorporated Societies Act 1908
f: the Industrial and Provident Societies Act 1908
g: the Limited Partnerships Act 2008
h: the Maori Community Development Act 1962
i: the Maori Fisheries Act 2004
j: the Maori Trust Boards Act 1955
k: the Partnership Law Act 2019
l: Te Ture Whenua Maori Act 1993
6: Definitions relating to responsible Registrars, agencies, and Ministers
1: This section defines,—
a: for the purposes of Part 2
b: for the purposes of Part 3 Responsible Registrar or agency
2: Responsible Registrar or agency
a: if the entity is listed in any of section 4(1)﻿(b) to (e) or (g) to (j)
b: if the entity is listed in any of section 4(1)﻿(a) or (m) to (o)
c: if the entity is a Māori association or a Māori Trust Board, means the chief executive of Te Puni Kōkiri:
d: if the entity is a mandated iwi organisation, means Te Ohu Kai Moana Trustee Limited.
3: For the purposes of Part 2
4: There is no responsible Registrar or agency in relation to—
a: a firm (within the meaning of the Partnership Law Act 2019
b: a post-settlement governance entity of a type not listed in section 4(1) Responsible Registrar or Minister
5: For the purposes of the powers to grant exemptions under Part 3 responsible Registrar or Minister
a: in relation to each specified Act listed in section 5(a) to (g)
b: in relation to the Partnership Law Act 2019
c: in relation to the Maori Community Development Act 1962 Maori Trust Boards Act 1955 Te Ture Whenua Maori Act 1993
d: in relation to the Maori Fisheries Act 2004
7: Interpretation
In this Act, unless the context otherwise requires,— amendment date COVID-19 Response (Management Measures) Legislation Act 2021 building society section 2(1) charitable trust board Part 2 commencement date company section 2(1) constitution or rules
a: in the case of a company, the constitution of the company; and
b: in the case of any other entity, the documents or instruments constituting or defining the constitution or rules of the entity credit union section 2 electronic section 209 electronic communication section 209 entity section 4 firm Partnership Law Act 2019 friendly society
a: is of the kind specified in section 11(1)﻿(a)
b: is registered under Part 2 further period 1 May 2022 section 42B give
a: to send, post, serve, lodge, provide, or present; and
b: any of the other actions specified in section 224(4) governing body
a: in relation to a company, the board:
b: in relation to a firm, the partners:
c: in relation to a limited partnership, the general partners:
d: in relation to a body corporate or unincorporate, other than a company, firm, or limited partnership, the committee or other governing body by whatever name called governing officer
a: in relation to a company, any person occupying the position of a director of the company by whatever name called:
b: in relation to a firm, any partner:
c: in relation to a limited partnership, any general partner:
d: in relation to a body corporate or unincorporate, other than a company, firm, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company incorporated society Incorporated Societies Act 1908 industrial and provident society Industrial and Provident Societies Act 1908 information initial 2021/22 period initial period joint Ministers limited partnership section 51 mandated iwi organisation section 5 Māori association section 2 Māori incorporation Part 13 Māori land trust Part 12 Māori reservation section 338 Māori Trust Board section 2 modify post-settlement governance entity Registrar of Companies section 357(1) relevant period
a: in Part 2 section 9(a) and (b)
b: in Part 3 section 25(a) and (b) responsible Registrar or agency section 6 responsible Registrar or Minister section 6 specified Act section 5 specified enactment
a: means a specified Act and any enactments made under the specified Act; and
b: in the case of the Maori Fisheries Act 2004, includes rules made by Te Ohu Kai Moana Trustee Limited under section 54(1)﻿(b) Section 7 amendment date inserted 3 November 2021 clause 5(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 7 further period amended 3 November 2021 clause 5(2)﻿(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 7 further period amended 3 November 2021 clause 5(2)﻿(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 7 initial 2021/22 period inserted 3 November 2021 clause 5(1) COVID-19 Response (Management Measures) Legislation Act 2021 Act binds the Crown
8: Act binds the Crown
This Act binds the Crown.
2: Electronic means and modifications relating to constitution or rules
Application
9: Sections 10A and 13A apply for relevant period
Each of sections 10A 13A
a: for the initial 2021/22 period; and
b: if its application is extended by an Order in Council made under section 42B Section 9 replaced 3 November 2021 clause 6 COVID-19 Response (Management Measures) Legislation Act 2021 Section 9(b) extended 30 April 2022 clause 4(a) COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2022 Electronic means
10: When electronic means permitted despite constitution or rules
Section 10 repealed 1 April 2021 section 43(1)
10A: When electronic means permitted despite constitution or rules
Section 10A repealed 1 November 2022 section 43(1A)
11: Electronic voting
1: No vote may be taken or received (wholly or partly) by electronic means in reliance on section 10A
a: believe, on reasonable grounds, that the provisions in the entity’s constitution or rules that relate to the integrity of the voting process—
i: are or will be substantively complied with; and
ii: will not be substantively compromised as a consequence of the vote; and
b: sign a certificate certifying as to their beliefs under paragraph (a) and recording the reasons why, and keep that certificate with the entity’s records.
2: In forming their beliefs under subsection (1)﻿(a), the matters to which the governing officers must have regard include—
a: whether, if a vote or other part of a voting process is done (wholly or partly) by electronic means, all persons who are entitled to vote will have a reasonable opportunity to vote and participate in the process; and
b: whether any person who is entitled to vote may suffer a material detriment. Section 11(1) amended 3 November 2021 clause 8 COVID-19 Response (Management Measures) Legislation Act 2021
12: Conditions
1: The conditions that permit a matter to be done in reliance on section 10A
a: to the extent that doing the matter by electronic means relates to—
i: having information in electronic form (instead of in writing), section 222
ii: recording information in electronic form (instead of in writing), section 223
iii: giving information in electronic form (instead of giving it in writing), section 224
iv: an electronic signature (instead of a non-electronic signature), section 226 227
v: retaining an electronic form of information (instead of retaining the information in paper or any other non-electronic form), section 229
vi: providing or producing information in electronic form (instead of providing or producing the information in paper or any other non-electronic form), section 232
vii: providing access to information in electronic form (instead of providing access to the information in paper or any other non-electronic form), section 234
b: the entity must keep a record of—
i: the electronic communications used to do the matter (if any); and
ii: the reasons for the belief of the majority of its governing officers referred to in section 10A(1)﻿(b)
c: the entity must make reasonable efforts to notify all members and governing officers of the matter for which section 10A
d: the entity must give to the responsible Registrar or agency a written notice that—
i: identifies the matter for which section 10A
ii: contains, or is accompanied by, a copy of the record referred to in paragraph (b)﻿(ii).
2: For the purposes of meeting any conditions in subsection (1)﻿(a) to (c), an entity may treat a person as having consented to use, provide, accept, or receive information and electronic signatures by email if—
a: the person has previously notified the entity of an electronic address that the person uses; and
b: the entity has no reason to believe that the address is incorrect; and
c: the entity believes, on reasonable grounds, that the use of email to give the information or signature will not materially disadvantage the person; and
d: the person has not expressly told the entity that the person wants to use, provide, accept, or receive the particular information or signature by some means other than by email.
3: If subsection (1)﻿(c) or (d) is not complied with before the matter is done, it must be complied with as soon as reasonably practicable after the matter is done.
4: If there is more than 1 responsible Registrar or agency, the entity must give the notice under subsection (1)﻿(d) to each of them.
5: Subsection (1)﻿(d) does not apply to a firm (within the meaning of the Partnership Law Act 2019 section 4(1) Section 12(1) amended 3 November 2021 clause 9(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 12(1)﻿(b)﻿(ii) amended 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 12(1)﻿(c) amended 3 November 2021 clause 9(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 12(1)﻿(d)﻿(i) amended 3 November 2021 clause 9(3) COVID-19 Response (Management Measures) Legislation Act 2021 Modifications to constitution or rules
13: Process for modifying certain requirements or restrictions in constitution or rules
Section 13 repealed 1 April 2021 section 43(1)
13A: Process for modifying certain requirements or restrictions in constitution or rules
Section 13A repealed 1 November 2022 section 43(1A)
14: Matters that may be modified under
section 13A
1: Section 13A
a: calling or holding meetings (including procedures at meetings):
b: a method or form of voting:
c: giving or receiving information:
d: making or keeping new records:
e: a method or form of dispute resolution:
f: a method or form of disciplinary procedure:
g: a waiver, suspension, deferral, or reduction of fees or other amounts payable by members of the entity to the entity:
h: a deferral of auditing, assurance, or financial reporting or review requirements:
i: use of electronic means to do any matter listed in section 10A(2)
j: other procedural or administrative processes.
2: However, the list in subsection (1) is subject to regulations made under section 42A(1)﻿(a)﻿(i) or (iii)
3: If there is any inconsistency between this section and section 15(a) to (j) Section 14 heading amended 3 November 2021 clause 11(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 14(1) amended 3 November 2021 clause 11(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 14(1)﻿(i) amended 3 November 2021 clause 11(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 14(2) amended 3 November 2021 clause 11(4) COVID-19 Response (Management Measures) Legislation Act 2021
15: Matters that may not be modified under
section 13A Section 13A
a: the purpose or objects of the entity:
b: the powers of the entity (other than a procedural or an administrative power):
c: the sale, transfer, or other disposition of real or personal property:
d: voting rights or rights to a dividend or other distribution:
e: the number, or need, for a quorum:
f: rights of access to courts, tribunals, or arbitral tribunals:
g: the duties of the governing body or governing officers (other than a procedural or an administrative duty):
h: fees or other payments (other than a waiver, suspension, deferral, or reduction of fees or other amounts payable by members of the entity to the entity):
i: an alteration or addition made to the constitution or rules by an order of a court:
j: any matter if the modification to that matter has a material detrimental effect (direct or indirect) on the substantive rights or powers of any creditor or other person:
k: any matter that is prescribed by regulations made under section 42A(1)﻿(a)﻿(ii)
l: any other matter that is not listed in section 14 Section 15 heading amended 3 November 2021 clause 12(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 15 amended 3 November 2021 clause 12(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 15(k) amended 3 November 2021 clause 12(3) COVID-19 Response (Management Measures) Legislation Act 2021
16: Retrospective modifications
1: This section applies to the extent that a modification made under section 13A
a: omitting to do a required act by a due date that is before the date on which the modification is made:
b: an act done in an attempt to do an act required to be done by a due date that is before the date on which the modification is made.
2: The modification is treated as validly made on or immediately before the due date if—
a: the due date is no earlier than the amendment date
b: the modification is made by the entity no later than 3 months after the amendment date
3: To the extent that the modification relates to a due date earlier than the amendment date Section 16(1) amended 3 November 2021 clause 13(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 16(2)﻿(a) amended 3 November 2021 clause 13(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 16(2)﻿(b) amended 3 November 2021 clause 13(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 16(3) amended 3 November 2021 clause 13(2) COVID-19 Response (Management Measures) Legislation Act 2021
17: Modifications must expire
Modifications made in initial 2021/22 period
1: A modification made under section 13A initial 2021/22 period initial 2021/22 period
2: However, subsection (3) applies if—
a: a modification made by an entity is in force immediately before the end of the initial 2021/22 period
b: an Order in Council is made under section 42B(1)﻿(b)
3: The modification does not expire at the end of the initial 2021/22 period
4: Subsection (3) does not apply if the modification expressly states that it will not apply in any further period. Modifications made in further period
5: A modification made by an entity under section 13A Section 17(1) heading amended 3 November 2021 clause 14(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(1) amended 3 November 2021 clause 14(2)﻿(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(1) amended 3 November 2021 clause 14(2)﻿(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(2)﻿(a) amended 3 November 2021 clause 14(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(2)﻿(b) amended 3 November 2021 clause 14(4) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(3) amended 3 November 2021 clause 14(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 17(5) amended 3 November 2021 clause 14(5) COVID-19 Response (Management Measures) Legislation Act 2021
18: Conditions
1: An entity that relies on section 13A
a: keep a written record of—
i: the notice of the modification; and
ii: its reasons as to how the requirements of section 13A
iii: the reasons for the beliefs of the majority of its governing officers referred to in section 13A(2)﻿(c), (e), and (f)
b: as soon as practicable after making the modification, make reasonable efforts to notify all members and governing officers of the entity of the modification; and
c: as soon as practicable after making the modification, give to the responsible Registrar or agency a written notice that—
i: states that the entity is relying on section 13A
ii: contains, or is accompanied by, a copy of the written record referred to in paragraph (a); and
iii: contains, or is accompanied by, a certificate by a governing officer of the entity certifying that, in making the modification, all requirements of this Act were complied with.
2: If there is more than 1 responsible Registrar or agency, the entity must give the notice under subsection (1)﻿(c) to each of them.
3: Subsection (1)﻿(c) does not apply to a firm (within the meaning of the Partnership Law Act 2019 section 4(1) Section 18(1) amended 3 November 2021 clause 15(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 18(1)﻿(a)﻿(ii) amended 3 November 2021 clause 15(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 18(1)﻿(a)﻿(iii) amended 3 November 2021 clause 15(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 18(1)﻿(c)﻿(i) amended 3 November 2021 clause 15(2) COVID-19 Response (Management Measures) Legislation Act 2021
19: Electronic means permitted for doing certain things to make modification
1: This section applies if,—
a: because of a restriction or requirement in an entity’s constitution or rules, 1 or more matters in subsection (2) may not be done by electronic means, or a majority of an entity’s governing officers, in good faith, believe that there is uncertainty as to whether the matter may be done by electronic means; and
b: the majority of the entity’s governing officers believe, in good faith, that it is not reasonably practicable to do the matter by non-electronic means.
2: The matters relate to a modification under section 13A
a: making and signing the written notice of modification:
b: recording the beliefs under section 13A(2)﻿(c), (e), and (f)
c: compliance with any condition in section 18
3: If this section applies,—
a: the matter may be done, wholly or partly, by electronic means; and
b: if done by electronic means, the matter has legal effect to the same extent as if it had been done by non-electronic means in accordance with the constitution or rules.
4: However, subsection (3) is subject to the conditions in section 12(1)﻿(a) and (b)﻿(i)
5: In order to do the matter by electronic means, it is not necessary to comply with a paper-based format requirement within the meaning of section 225
6: This section does not affect any legal requirement to the extent that the requirement relates to the content of information. Section 19(2) amended 3 November 2021 clause 16(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 19(2)﻿(b) amended 3 November 2021 clause 16(2) COVID-19 Response (Management Measures) Legislation Act 2021
20: Modified method or form of voting may not be used for certain matters
1: A vote may not be taken or received (wholly or partly) in reliance on a modification made under section 13A
a: an amendment to an entity’s constitution or rules (other than an amendment described in subsection (2)); or
b: any matter listed in section 15
2: Subsection (1)﻿(a) does not prevent a vote being taken or received (wholly or partly) in reliance on a modification made under section 13A section 17 Section 20(1) amended 3 November 2021 clause 17 COVID-19 Response (Management Measures) Legislation Act 2021 Section 20(2) amended 3 November 2021 clause 17 COVID-19 Response (Management Measures) Legislation Act 2021
21: Variation and revocation
1: An entity that desires to vary a modification made under section 13A
2: A modification made by an entity under section 13A
3: An entity must comply with section 18 Section 21(1) amended 3 November 2021 clause 18 COVID-19 Response (Management Measures) Legislation Act 2021 Section 21(2) amended 3 November 2021 clause 18 COVID-19 Response (Management Measures) Legislation Act 2021 Records
22: Responsible Registrar or agency’s obligations to register or publish
1: This section applies when a responsible Registrar or agency receives a written notice under this Part.
2: A Registrar receiving the notice—
a: must arrange for particulars about the notice (including particulars about information contained in, or accompanying, the notice) to be registered on the relevant register; and
b: may otherwise make the particulars available to the public in any way the Registrar thinks fit (for example, by publishing them on an Internet site).
3: An agency receiving the notice must make particulars about the notice (including particulars about information contained in, or accompanying, the notice) available to the public, but may do so in any way the agency thinks fit (for example, by publishing them on an Internet site).
23: Entity’s obligations to keep records
1: On and from 1 April 2021 in reliance on section 10 13
2: On and from the end of the relevant period, the obligations that an entity has under other enactments in relation to the keeping of entity records apply to all written records and electronic communications made by or under this Part in reliance on section 10A 13A Section 23(1) amended 3 November 2021 clause 19(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 23(1) amended 3 November 2021 clause 19(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 23(2) inserted 3 November 2021 clause 19(3) COVID-19 Response (Management Measures) Legislation Act 2021
3: Exemption powers and power to grant relief
Purpose and application
24: Purpose
The purpose of this Part is to enable the modification or relaxation of described procedural or administrative matters in specified enactments and certain orders that—
a: are unduly onerous or burdensome because of the effects of COVID-19; or
b: may not be reasonably capable of being complied with, or complied with fully, because of the effects of COVID-19.
25: Powers may only be exercised during relevant period
Every power to grant exemptions under section 26A section 30A
a: during the initial 2021/22 period; and
b: if extended by an Order in Council made under section 42B Section 25 replaced 3 November 2021 clause 20 COVID-19 Response (Management Measures) Legislation Act 2021 Section 25(b) extended 30 April 2022 clause 4(b) COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2022 Section 25(b) extended 30 April 2022 clause 4(c) COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2022 Powers
26: Responsible Registrar or Minister may grant class exemptions
Section 26 repealed 1 April 2021 section 43(1)
26A: Responsible Registrar or Minister may grant class exemptions
Section 26A repealed 1 November 2022 section 43(1A)
27: Restrictions on exemption powers
1: A responsible Registrar or Minister must not grant an exemption under this Part unless—
a: the responsible Registrar or Minister is satisfied that—
i: granting the exemption is necessary or desirable for the purpose of this Part as set out in section 24
ii: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption; and
iii: the exemption is the most appropriate way of addressing those matters at the time; and
b: the responsible Registrar or Minister has complied with section 28
2: Additionally, if the exemption relates to rules made by Te Ohu Kai Moana Trustee Limited under section 54
28: Engagement about proposed exemption
1: For the purposes of section 27(1)﻿(b)
a: make available a document referred to in subsection (2) to—
i: the persons or representatives of persons that the responsible Registrar or Minister considers appropriate given the proposed effect of the exemption; or
ii: the public generally; and
b: invite those persons to make written comments on the document; and
c: give those persons 3 working days from the making of the invitation within which to make their comments to the responsible Registrar or Minister (or any longer time allowed by the responsible Registrar or Minister); and
d: have regard to those comments that are received within the 3-working-day period (or within the longer time allowed by the responsible Registrar or Minister).
2: The document must include—
a: an explanation of what the exemption is intended to achieve; and
b: a description of the proposed effect of the exemption; and
c: an explanation of why the responsible Registrar or Minister considers that the exemption is necessary or desirable for the purpose of this Part and why the exemption is appropriate.
3: Subsection (1) and section 27(1)﻿(b)
a: engagement is not reasonably practical in the circumstances; or
b: the urgency of the situation requires that the exemption be made as soon as practicable without that engagement; or
c: the exemption benefits the persons referred to in subsection (1)﻿(a)﻿(i) and does not materially detrimentally affect any person; or
d: in the circumstances, engagement is clearly disproportionate to the nature, size, significance, and effect of the exemption.
4: If subsection (3) is relied on, the responsible Registrar or Minister’s reasons for relying on that subsection must be published together with the exemption.
29: Description of provisions from which exemptions may be granted
1: For the purposes of this Act, the provisions of specified enactments for which exemptions may be granted are provisions that relate to any of the following matters:
a: calling or holding meetings (including procedures at meetings):
b: a method or form of voting:
c: giving or receiving information:
d: making or keeping new records:
e: rights to inspect or access information or records:
f: a method or form of dispute resolution (excluding rights of access to courts, tribunals, or arbitral tribunals):
g: a method or form of disciplinary procedures:
h: auditing, assurance, or financial reporting or review requirements:
i: any other matter specified by regulations made under section 42A(1)﻿(b)﻿(i)
2: However, the list in subsection (1) is subject to regulations made under section 42A(1)﻿(b)﻿(ii)
3: No exemption may be granted that results in a process for dispute resolution or a disciplinary procedure that is contrary to the rules of natural justice.
4: No exemption may dilute voting rights.
5: No exemption may dilute the number or need for a quorum. Section 29(1)﻿(i) amended 3 November 2021 clause 22(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 29(2) amended 3 November 2021 clause 22(2) COVID-19 Response (Management Measures) Legislation Act 2021
30: Chief Judge of Māori Land Court may grant relief without application
Section 30 repealed 1 April 2021 section 43(1)
30A: Chief Judge of Māori Land Court may grant relief without application
Section 30A repealed 1 November 2022 section 43(1A) Time frames relevant to exemptions and relief
31: Exemptions may be retrospective to amendment date
1: An exemption under this Part may be granted in respect of past acts or omissions.
2: However, no exemption may relate to an act or omission that occurred before the amendment date. Section 31 replaced 3 November 2021 clause 24 COVID-19 Response (Management Measures) Legislation Act 2021
32: Exemptions that relate to periods of time
An exemption granted under this Part in relation to a requirement that relates to a period of time (for example, a requirement to prepare and lodge financial statements for an accounting period) may, if the responsible Registrar or Minister thinks fit, apply to a period that commenced before the exemption is granted (including a period that ended before the exemption is granted) if—
a: the exemption is granted before the requirement would otherwise need to be complied with under the specified enactment; or
b: section 31
33: Exemption in force for not longer than relevant period
Exemptions granted in initial 2021/22 period
1: An exemption granted in the initial 2021/22 period initial 2021/22 period
2: Subsection (3) applies if—
a: an exemption is in force immediately before the end of the initial 2021/22 period
b: an Order in Council is made under section 42B section 26A
3: The exemption is not revoked at the close of the initial 2021/22 period
4: Subsection (3) does not apply if the exemption expressly states that it will not apply in any further period. Exemptions granted in further period
5: An exemption granted in the further period (if any) may continue in force until the end of the further period (and, at that point, the exemption must be treated as having been revoked unless it is sooner revoked or expires). 2013 No 69 s 558 Section 33(1) heading amended 3 November 2021 clause 25(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(1) amended 3 November 2021 clause 25(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(2)﻿(a) amended 3 November 2021 clause 25(3) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(2)﻿(b) amended 3 November 2021 clause 25(4)﻿(a) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(2)﻿(b) amended 3 November 2021 clause 25(4)﻿(b) COVID-19 Response (Management Measures) Legislation Act 2021 Section 33(3) amended 3 November 2021 clause 25(3) COVID-19 Response (Management Measures) Legislation Act 2021 Breach
34: Breach of exemption conditions
The breach of a term or condition of an exemption granted under this Part is a breach of the provision to which the exemption relates (unless the terms of the exemption otherwise provide). 2013 No 69 s 559 Drafting of exemptions Heading replaced 28 October 2021 section 3 Secondary Legislation Act 2021
35: Drafting of exemptions
1: Before granting an exemption, the responsible Registrar or Minister must—
a: consider whether the exemption should be drafted by the PCO; and
b: if they consider that it should be, notify the Chief Parliamentary Counsel of that decision.
2: In performing that duty, the responsible Registrar or Minister must have regard to—
a: the nature of the exemption; and
b: how significant the exemption is; and
c: the number and nature of the persons to whom the exemption will apply; and
d: the consequences of a failure to comply with a condition of the exemption; and
e: the complexity of the exemption; and
f: the purposes of the Legislation Act 2019
g: any other relevant matters.
3: If the Chief Parliamentary Counsel is given a notice under subsection (1)﻿(b) in relation to an exemption, for the purposes of section 67(d)
4: In this section, Chief Parliamentary Counsel PCO Legislation Act 2019 Section 35 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
36: Exemption is legislative instrument if notice is given
Section 36 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: All exemptions are disallowable instruments
Section 37 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
38: Publication of exemptions that are not legislative instruments
Section 38 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
39: Exemptions must contain reasons
Section 39 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Variation and revocation
40: Variation and revocation
1: A responsible Registrar or Minister may vary or revoke an exemption in the same way as the responsible Registrar or Minister may grant the exemption (with the provisions relating to the granting of the exemption applying with all necessary modifications).
2: However, a notice must be given under section 35(1)﻿(b) 2013 No 69 s 572 Section 40(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
4: Miscellaneous
41: Regulations may change Part 2 or Part 3 matters
Section 41 repealed 1 April 2021 section 43(1)
42: Order in Council may prescribe further period
Section 42 repealed 1 April 2021 section 43(1)
42A: Regulations may change Part 2 or Part 3 matters
Section 42A repealed 1 November 2022 section 43(1A)
42B: Order in Council may prescribe further period
Section 42B repealed 1 November 2022 section 43(1A)
43: Repeals
1: Sections 10 13 26 30 41 42
1A: Sections 10A 13A 26A 30A 42A 42B
2: The rest of this Act is repealed on the close of 30 September 2023 2021-04-01 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 2022-11-01 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 43(1A) sections 10A, 13A, 26A, 30A, 42A, and 42B repealed 2023-10-01 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 43(2) rest of Act repealed on close of 30 September 2023 Section 43(1A) inserted 3 November 2021 clause 27(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 43(2) amended 3 November 2021 clause 27(2) COVID-19 Response (Management Measures) Legislation Act 2021