Statutes Amendment Act 2022

1: Title
This Act is the Statutes Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal Assent.
1: Amendment to Agricultural Compounds and Veterinary Medicines Act 1997
3: Principal Act
This Part amends the Agricultural Compounds and Veterinary Medicines Act 1997 2022-11-30 Agricultural Compounds and Veterinary Medicines Act 1997
4: New section 78A inserted (Certain secondary legislation or published instruments may be consolidated)
After section 78
78A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by Director-General and with same publishing requirements
1: The Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
2: Amendments to Animal Products Act 1999
5: Principal Act
This Part amends the Animal Products Act 1999 2022-11-30 Animal Products Act 1999
6: New section 167B inserted (Certain secondary legislation or published instruments may be consolidated)
After section 167A
167B: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
7: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
3: Amendment to Animal Welfare Act 1999
8: Principal Act
This Part amends the Animal Welfare Act 1999 2022-11-30 Animal Welfare Act 1999
9: New section 184A and cross-heading inserted
After section 184 Consolidation of secondary legislation or published instruments
184A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister, the Director-General, or the Minister of Conservation (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
4: Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009
10: Principal Act
This Part amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 2022-11-30 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
11: Section 5 amended (Interpretation)
In section 5(1) law enforcement purposes 1996 2018
12: Section 49 amended (Obligation to keep transaction records)
In section 49(2)﻿(f)﻿(ii) section 40(1)﻿(b) paragraph (b) of the definition of suspicious activity in section 39A
13: Section 140 amended (Power to use and disclose information supplied or obtained under other enactments for AML/CFT purposes)
1: Replace section 140(1)
1: A government agency, an AML/CFT supervisor, or a regulator may disclose to another government agency or AML/CFT supervisor any information supplied or obtained under an enactment listed in subsection (2) if the disclosing entity has reasonable grounds to believe that the disclosure of that information is necessary or desirable for the purpose of ensuring compliance with this Act and regulations.
2: In section 140(2)﻿(c) Customs and Excise Act 2018 Criminal Proceeds (Recovery) Act 2009
3: In section 140(2)﻿(d) Customs and Excise Act 1996 Customs and Excise Act 2018
14: Section 144 amended (Delegation of powers of Commissioner)
In section 144(2) and (3) constable constable or Police employee
5: Amendment to Biosecurity Act 1993
15: Principal Act
This Part amends the Biosecurity Act 1993 2022-11-30 Biosecurity Act 1993
16: New section 166A inserted (Certain secondary legislation or published instruments may be consolidated)
After section 166
166A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The responsible Minister or the Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The responsible Minister, the Director-General, a chief technical officer, or a management agency (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
6: Amendment to Canterbury Earthquakes Insurance Tribunal Act 2019
17: Principal Act
This Part amends the Canterbury Earthquakes Insurance Tribunal Act 2019 2022-11-30 Canterbury Earthquakes Insurance Tribunal Act 2019
18: Section 46 amended (Tribunal’s decision: substance)
Replace section 46(2)
2: For the purposes of the Limitation Act 2010
a: the making of an application under section 12
b: the transfer of proceedings to the tribunal under section 16
7: Amendment to Care of Children Act 2004
19: Principal Act
This Part amends the Care of Children Act 2004 2022-11-30 Care of Children Act 2004
20: Section 47B amended (Mandatory statement and evidence in applications)
In section 47B(3)﻿(f)﻿(ii) domestic violence family violence (as defined in section 9 of the Family Violence Act 2018
8: Amendment to Courts Security Act 1999
21: Principal Act
This Part amends the Courts Security Act 1999 2022-11-30 Courts Security Act 1999
22: Section 30 amended (Offence to obstruct court security officer)
In section 30(2) by a court presided over by a District Court Judge or 2 or more justices
9: Amendment to COVID-19 Recovery (Fast-track Consenting) Act 2020
23: Principal Act
This Part amends the COVID-19 Recovery (Fast-track Consenting) Act 2020 2022-11-30 COVID-19 Recovery (Fast-track Consenting) Act 2020
24: Schedule 6 amended
In Schedule 6, clause 25(2) requesting requested to provide
10: Amendment to Crown Entities Act 2004
25: Principal Act
This Part amends the Crown Entities Act 2004 2022-11-30 Crown Entities Act 2004
26: Section 9 amended (Power to amend Schedules 1 and 2)
After section 9(1)﻿(f)
g: remove the exemption for an entity or company from all or any of sections 161, 162, 163, and 164
h: exempt an entity or company from all or any of sections 161, 162, 163, 164, and 165
11: Amendment to Crown Forest Assets Act 1989
27: Principal Act
This Part amends the Crown Forest Assets Act 1989 2022-11-30 Crown Forest Assets Act 1989
28: Section 36 amended (Return of Crown forest land to Maori ownership and payment of compensation)
Replace section 36(3)
3: Any expenses incurred in returning land to Māori ownership, or in paying compensation required to be paid, under this section may be incurred without further appropriation than this section.
12: Amendment to Customs and Excise Act 2018
29: Principal Act
This Part amends the Customs and Excise Act 2018 2022-11-30 Customs and Excise Act 2018
30: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.
13: Amendment to Dog Control Act 1996
31: Principal Act
This Part amends the Dog Control Act 1996 2022-11-30 Dog Control Act 1996
32: Section 30A amended (Prohibition on import of dogs listed in Schedule 4)
In section 30A(5) Subsection (1) does Subsections (1) and (2)﻿(b) do
14: Amendments to Equal Pay Act 1972 and Equal Pay Amendment Act 2020
33: Principal Act
Section 34 Equal Pay Act 1972 2022-11-30 Equal Pay Act 1972
34: Section 19 amended (Regulations)
After section 19(1)
1A: Regulations may not be made under this section that require the comparators against which a pay equity claim is to be assessed to be ranked or weighted.
35: Principal Act
Section 36 Equal Pay Amendment Act 2020 2022-11-30 Equal Pay Amendment Act 2020
36: Section 24 amended (Section 19 amended (Regulations))
Repeal section 24(2)
15: Amendment to Evidence Act 2006
37: Principal Act
This Part amends the Evidence Act 2006 2022-11-30 Evidence Act 2006
38: Section 202 and cross-heading repealed
Repeal section 202
16: Amendments to Family Violence Act 2018
39: Principal Act
This Part amends the Family Violence Act 2018 2022-11-30 Family Violence Act 2018
40: Section 49 amended (Police safety order: contravention: standard of proof)
In section 49(1) (in accordance with, but without limiting, section 171)
41: Section 105 amended (Interim orders in respect of child of applicant’s family)
After section 105(6)﻿(b)
c: a lawyer may be appointed under section 7
42: Section 106 amended (Proceedings about interim order in respect of child of applicant’s family: legal aid)
In section 106(1)﻿(c) 105(4) 105(6)
17: Amendments to Fire and Emergency New Zealand Act 2017
43: Principal Act
This Part amends the Fire and Emergency New Zealand Act 2017 2022-11-30 Fire and Emergency New Zealand Act 2017
44: Section 23 replaced (Authorised person for purposes of this Act and regulations under this Act)
Replace section 23
23: Authorised person or class of persons for purposes of this Act and regulations under this Act
1: The board may, by written notice, authorise a person or class of persons to perform or exercise a function, duty, or power under this Act and regulations made under this Act.
2: The board may only authorise a person or class of persons if it is satisfied that the person or class of persons is suitably qualified or trained to perform or exercise the function, duty, or power.
3: Any authorisation made by the board is subject to any conditions or limitations specified in the notice.
4: However, the performance or exercise of a function, duty, or power by an authorised person is not invalid merely because it does not comply with the conditions specified in the notice.
5: The board may revoke an authorisation at any time by written notice.
45: Section 25 amended (Appointment to roles and ranks)
Replace section 25(2)
2: Appointees must be FENZ personnel.
46: Section 42 amended (Powers of authorised person in relation to land, building, or structure)
In section 42(2)﻿(c) into, through, or upon into, through, upon, or over
47: Section 71 amended (Powers of industry brigades)
Replace section 71(a)
a: the principal officer of the industry brigade may perform all the functions and duties and exercise all the powers of an authorised person under sections 38 to 45
i: no authorised person is present at the emergency; or
ii: the principal officer is in charge in accordance with an agreement under section 70
48: Section 75 amended (Relevant building defined for purposes of sections 76 to 79)
Replace section 75(1)
1: In sections 76 to 79 relevant building
a: a building or part of a building used for 1 or more of the following purposes:
i: the gathering together, for any purpose, of 100 or more persons:
ii: providing employment facilities for 10 or more persons:
iii: providing accommodation for 6 or more persons (other than in 3 or fewer household units):
iv: providing an early childhood education and care centre (other than in a household unit):
v: providing nursing, medical, or geriatric care (other than in a household unit):
vi: providing specialised care for persons with disabilities (other than in a household unit):
vii: providing accommodation for persons under lawful detention (not being persons serving a sentence of home detention or community detention, or serving a sentence of imprisonment on home detention, or on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002
viii: any other prescribed purpose; or
b: a building or part of a building (other than a household unit) where hazardous substances are present in quantities exceeding the prescribed minimum amounts, whatever the purpose for which the building is used.
49: Section 76 amended (Owner must provide and maintain evacuation scheme for relevant building)
Replace section 76(3)﻿(a)
a: the building is used only for either or both of the purposes specified in section 75(1)﻿(a)﻿(ii) and (iii)
50: Section 149 amended (Functions, duties, and powers of Chief of Defence Force in relation to defence area)
In section 149(1)﻿(b) sections 41 to 45 sections 38 to 45
51: Section 150 amended (Command of defence fire brigade and any other personnel)
In section 150(2) sections 41 to 45 sections 38 to 45 Consequential amendments to Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018
52: Principal regulations
Sections 53 to 56 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 2022-11-30 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018
53: Regulation 23 amended (Minimum amounts of hazardous substances)
In regulation 23 75(1)﻿(d) 75(1)﻿(b)
54: Regulation 35 amended (Building owner must notify FENZ if certain events occur)
In regulation 35(1)﻿(h) for a purpose described in section 75(1)﻿(a) to (i) of the Act in a manner described in section 75(1)
55: Schedule 3 amended
In the Schedule 3 75(1)﻿(d) 75(1)﻿(b)
56: Schedule 4 amended
In Schedule 4
d: the manner in which the building is used according to the options set out in section 75(1)
18: Amendment to Food Act 2014
57: Principal Act
This Part amends the Food Act 2014 2022-11-30 Food Act 2014
58: New section 443A and cross-heading inserted
After section 443 Consolidation of secondary legislation or published instruments
443A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the chief executive (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the chief executive (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
19: Amendments to Government Roading Powers Act 1989
59: Principal Act
This Part amends the Government Roading Powers Act 1989 2022-11-30 Government Roading Powers Act 1989
60: Section 43 amended (Interpretation)
1: In section 43(1) Chief Surveyor
2: In section 43(1) road Chief Surveyor of the land district in which such road is situated Surveyor-General
3: In section 43(1) Surveyor-General section 5 of the Cadastral Survey Act 2002
20: Amendments to Infrastructure Funding and Financing Act 2020
61: Principal Act
This Part amends the Infrastructure Funding and Financing Act 2020 2022-11-30 Infrastructure Funding and Financing Act 2020
62: Section 3 amended (Purpose)
1: In section 3 housing and
2: In section 3
2: In this section, urban development
a: development of housing, including public housing and community housing, affordable housing, homes for first-home buyers, and market housing:
b: development and renewal of urban environments, whether or not this includes housing development:
c: development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works.
21: Amendments to Land Transport Act 1998
63: Principal Act
This Part amends the Land Transport Act 1998 2022-11-30 Land Transport Act 1998
64: Section 22AB amended (Road controlling authorities may make certain bylaws)
In section 22AB(1)﻿(o)﻿(ii) medical practitioners health practitioners
65: Section 74 amended (Procedure for dealing with blood specimens)
1: In section 74(3) by registered post
2: In section 74(4)﻿(a) by registered post
3: In section 74(5)﻿(b)﻿(ii) registered
66: Section 75 amended (Certificates in blood-alcohol proceedings)
1: In section 75(4)﻿(b) registered
2: In section 75(5)﻿(a) registered
3: In section 75(6) registered
22: Amendments to Legislation Act 2019
67: Principal Act
This Part amends the Legislation Act 2019 2022-11-30 Legislation Act 2019
68: Section 13 amended (Definitions of terms for all legislation)
1: In section 13 North Island Te Ika-a-Māui north of Cook Strait
2: In section 13 South Island Te Waipounamu south of Cook Strait
23: Amendment to Local Government Official Information and Meetings Act 1987
69: Principal Act
This Part amends the Local Government Official Information and Meetings Act 1987 2022-11-30 Local Government Official Information and Meetings Act 1987
70: Section 27 amended (Functions of Ombudsmen)
In section 27(6) section 17(1)﻿(e) to (g) section 17(e) to (g)
24: Amendments to Maritime Transport Act 1994
71: Principal Act
This Part amends the Maritime Transport Act 1994 2022-11-30 Maritime Transport Act 1994
72: Section 40A amended (Interpretation)
1: In section 40A doctor’s surgery
2: In section 40A medical centre
73: Section 40H amended (Who must undergo breath screening test)
In section 40H(2) doctor’s surgery medical centre
74: Section 40I amended (Who must undergo evidential breath test)
In section 40I(7) doctor’s surgery medical centre
75: Section 40M amended (Who must give blood specimen in hospital or surgery)
1: In the heading to section 40M surgery medical centre
2: In section 40M(1), (2), (3), and (5)﻿(a)﻿(ii) doctor’s surgery medical centre
76: Section 40O amended (Certificates in proceedings)
In section 40O(3)﻿(a) and (c)﻿(ii) doctor’s surgery medical centre
77: Section 40Z amended (Director testing)
In section 40Z(6)﻿(a) (5)﻿(b) (5)﻿(a)
78: Section 200A amended (Minister may notify maritime event where special enforcement powers exercisable)
In section 200A(1)﻿(a) the Local Government Act 1974 Part 3A
25: Amendment to National Animal Identification and Tracing Act 2012
79: Principal Act
This Part amends the National Animal Identification and Tracing Act 2012 2022-11-30 National Animal Identification and Tracing Act 2012
80: New section 70A and cross-heading inserted
After section 70 Consolidation of secondary legislation or published instruments
70A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the NAIT organisation (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister, the Director-General, or the NAIT organisation (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
26: Amendments to Ngāti Manuhiri Claims Settlement Act 2012
81: Principal Act
This Part amends the Ngāti Manuhiri Claims Settlement Act 2012 2022-11-30 Ngāti Manuhiri Claims Settlement Act 2012
82: Section 108 amended (Right of access to protected site)
After section 108(3)
4: The right of access described in this section does not apply to the land described in Schedule 5
83: Section 110 amended (Notation on computer freehold register)
1: In the heading to section 110 computer freehold register record of title
2: In section 110(1) and (2)﻿(b) computer freehold register record of title
3: After section 110(2)
2A: The Registrar-General must remove the notation directed by subsection (1) from—
a: each record of title listed in Part 1 of Schedule 5
b: the supplementary record sheet listed in Part 2 of Schedule 5
2B: The Registrar-General must amend the notation directed by subsection (1) on the records of title listed in Part 3 of Schedule 5
84: New Schedule 5 inserted
After Schedule 4 Schedule 4
27: Amendment to Oaths and Declarations Act 1957
85: Principal Act
This Part amends the Oaths and Declarations Act 1957 2022-11-30 Oaths and Declarations Act 1957
86: Section 9 amended (Declarations made in New Zealand)
After section 9(1)﻿(e)
ea: a Registrar (including the Chief Registrar) or Deputy Registrar of the Māori Land Court; or
28: Amendment to Port Companies Act 1988
87: Principal Act
This Part amends the Port Companies Act 1988 2022-11-30 Port Companies Act 1988
88: Section 20 amended (Application of Act to related and associated companies)
In section 20(1) (except subsections (1), (3), (6), and (7))
29: Amendment to Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
89: Principal Act
This Part amends the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 2022-11-30 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
90: Section 7 amended (Interpretation)
In section 7 deferred selection property subpart H or subpart I
30: Amendment to Prisoners’ and Victims’ Claims Act 2005
91: Principal Act
This Part amends the Prisoners’ and Victims’ Claims Act 2005 2022-11-30 Prisoners’ and Victims’ Claims Act 2005
92: Section 28 amended (Filing of claims)
Replace section 28(2)﻿(a)
a: in a form approved for the purpose by the chief executive of the Ministry of Justice after consulting the Chief District Court Judge; and
31: Amendments to Privacy Act 2020
93: Principal Act
This Part amends the Privacy Act 2020 2022-11-30 Privacy Act 2020
94: Section 11 amended (Personal information treated as being held by another agency in certain circumstances)
Replace section 11(1)
1: This section applies if an agency ( A B
95: Section 107 amended (Interim order suspending Commissioner’s direction pending appeal)
1: In section 107(2) is made under subsection (1)
2: After section 107(3)
4: An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 section 96
96: Section 111 amended (Certain provisions of Human Rights Act 1993 to apply)
In section 111(2)﻿(b)﻿(ii) 95, 96,
97: Section 120 amended (Liability for actions of employees, agents, and members of agencies)
1: In the heading to section 120 actions of officers,
2: In section 120(2) An employee An officer, an employee,
3: In section 120(3) employee officer, an employee,
98: Section 121 amended (Knowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies)
1: In the heading to section 121 employees officers,
2: In section 121(2) employee officer, an employee,
99: Section 132 amended (Interim order suspending compliance notice pending appeal)
1: In section 132(2) is made under subsection (1)
2: After section 132(3)
4: An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 section 96
100: Section 134 amended (Application of Human Rights Act 1993)
In section 134 95, 96,
101: Section 208 amended (Consultation)
After section 208(1)﻿(c)
d: the Independent Police Conduct Authority.
32: Amendments to Public Finance Act 1989
102: Principal Act
This Part amends the Public Finance Act 1989 2022-11-30 Public Finance Act 1989
103: Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
1: In section 45M(1)﻿(e) 139A, 139 139A, 139B
2: After section 45M(1)﻿(e)
ea: if section 149C of the Crown Entities Act 2004 sections 149E to 149M
33: Amendments to Railways Act 2005
104: Principal Act
This Part amends the Railways Act 2005 2022-11-30 Railways Act 2005
105: Section 94 amended (Notices)
1: In section 94(1)﻿(b) and (d) registered
2: In section 94(2) or registered post
34: Amendment to Residential Tenancies Act 1986
106: Principal Act
This Part amends the Residential Tenancies Act 1986 2022-11-30 Residential Tenancies Act 1986
107: Section 74 amended (Records of Tribunal)
In section 74(2) section 95(3) section 95A
35: Amendments to Resource Management Act 1991
108: Principal Act
This Part amends the Resource Management Act 1991 2022-11-30 Resource Management Act 1991
109: Section 46A amended (Single process for preparing national directions)
In section 46A(2) sections 47 to 51 sections 46B to 51
110: Section 277A repealed (Powers of Environment Court in relation to evidence heard on appeal by way of rehearing)
Repeal section 277A
36: Amendments to Retirement Villages Act 2003
111: Principal Act
This Part amends the Retirement Villages Act 2003 2022-11-30 Retirement Villages Act 2003
112: Section 30 amended (Information to be provided)
1: Replace the heading to section 30 Operator must ensure information is provided
2: In section 30(1) the intending resident must receive the operator must ensure that the intending resident has received
37: Amendments to Returning Offenders (Management and Information) Act 2015
113: Principal Act
This Part amends the Returning Offenders (Management and Information) Act 2015 2022-11-30 Returning Offenders (Management and Information) Act 2015
114: Section 4 amended (Interpretation)
In section 4(1) overturned see sections 23A and 34A
a: without an order for retrial; or
b: with a retrial being ordered but—
i: not being proceeded with; or
ii: not resulting in a conviction; or
iii: being ended by a stay of proceedings pardoned see sections 23A and 34A
a: has been granted a free pardon for the offence; or
b: is, because of the exercise of other applicable legal powers of clemency or mercy, otherwise taken never to have committed the offence
115: New section 23A inserted (Commissioner must revoke determination if conviction overturned, or person pardoned, for overseas jurisdiction offence)
After section 23
23A: Commissioner must revoke determination if conviction overturned, or person pardoned, for overseas jurisdiction offence
1: The Commissioner must revoke a determination that a person is a returning prisoner if, after considering information provided by or on behalf of the person, the Commissioner is satisfied—
a: that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and
b: that the determination was made in respect of the conviction; and
c: that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence.
2: This section does not limit any other duty or power of the Commissioner or of a court to amend or revoke the determination.
3: After the revocation, the person—
a: is no longer a returning prisoner because of the determination; and
b: is no longer subject to, and required to comply with, standard release conditions because of service on the person of a determination notice related to the determination; and
c: is no longer required to comply with any special conditions, or interim special conditions, imposed on the person by the District Court because of the determination.
4: Subsection (3) overrides sections 24 to 30
116: New section 34A inserted (Application to court to revoke conditions imposed if conviction overturned, or person pardoned, for overseas jurisdiction offence)
After section 34
34A: Application to court to revoke conditions imposed if conviction overturned, or person pardoned, for overseas jurisdiction offence
1: The chief executive must make an application to a court to revoke conditions imposed under this subpart on a person if, after considering information provided by or on behalf of the person, the chief executive is satisfied—
a: that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and
b: that the conditions were imposed under this subpart by a court in respect of the conviction; and
c: that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence.
2: A court must revoke the conditions if, on an application made under this section by the chief executive, the court is satisfied of the matters specified in subsection (1)﻿(a), (b), and (c).
3: This section does not limit any other power of a court to amend or revoke the conditions.
4: After the revocation, the person is no longer required to comply with any conditions imposed on the person by a court under section 33(1)
5: Subsection (4) overrides sections 26 to 34
38: Amendment to Sale and Supply of Alcohol Act 2012
117: Principal Act
This Part amends the Sale and Supply of Alcohol Act 2012 2022-11-30 Sale and Supply of Alcohol Act 2012
118: Section 178 amended (Annual report)
In section 178(1) 3 months 6 months
39: Amendments to Senior Courts Act 2016
119: Principal Act
This Part amends the Senior Courts Act 2016 2022-11-30 Senior Courts Act 2016
120: Section 20 amended (Associate Judge may exercise certain powers of High Court)
After section 20(2)﻿(i)
j: section 89 of the Limited Partnerships Act 2008
121: New section 44A inserted (Execution of instruments by order of High Court)
After section 44
44A: Execution of instruments by order of High Court
1: This section applies if a person fails to comply, before a date specified by the court or, if no date is specified, within a reasonable time, with a judgment or order of the High Court directing the person to—
a: execute a conveyance, contract, or other document; or
b: endorse a negotiable instrument.
2: The High Court may, on application and on the terms it thinks just, make an order directing another person, who it nominates for the purpose, to—
a: execute the conveyance, contract, or other document; or
b: endorse the negotiable instrument.
3: The nominee must execute the conveyance, contract, or other document, or endorse the negotiable instrument, before the date specified by the court, or, if no date is specified, within a reasonable time.
4: A conveyance, contract, document, or instrument executed or endorsed by the nominee operates and is effective as if the person referred to in subsection (1) had made the execution or endorsement.
5: The exercise of the High Court’s power in subsection (2) does not—
a: affect a proceeding already commenced in a court; or
b: invalidate anything that was previously lawful; or
c: validate anything previously declared invalid in any proceeding. 1910 No 27 s 3
122: Section 114 amended (Appointment of acting Associate Judges)
Replace section 114(2)﻿(a) to (c)
a: is a District Court Judge; or
b: is under the age of 75 years and has retired or resigned from office as—
i: an Associate Judge; or
ii: a District Court Judge.
123: Section 138 amended (Superannuation of acting Judges)
1: In section 138(1) 114(2)﻿(c) 114(2)﻿(b)
2: In section 138(2) 114(2)﻿(b) 114(2)﻿(a)
40: Amendment to Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
124: Principal Act
This Part amends the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 2022-11-30 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
125: Schedule 3 amended
In Schedule 3, after clause 1(2)
3: If the term of appointment of a person appointed to Te Pou Tupua expires, unless the person resigns or is removed from office, that person continues to hold office by virtue of the appointment for the term that has expired, until—
a: that person is reappointed; or
b: a successor to that person is appointed.
41: Amendments to Wine Act 2003
126: Principal Act
This Part amends the Wine Act 2003 2022-11-30 Wine Act 2003
127: New section 120B inserted (Certain secondary legislation or published instruments may be consolidated)
After section 120A
120B: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the Director-General (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 of the Legislation Act 2019 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 of the Legislation Act 2019 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
128: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.