Trans-Tasman Mutual Recognition Act 1997

1: Short Title and commencement
1: This Act may be cited as the Trans-Tasman Mutual Recognition Act 1997.
2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
3: An order under this section is secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cls 1, 2 (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 May 1998 clause 2 Trans-Tasman Mutual Recognition Act Commencement Order 1998 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— applicant section 19 Australia Australian Act Australian jurisdiction Australian Tribunal Chairperson Commonwealth conditions conference section 54(1) conference chairperson section 54(1) decision
a: the grant of registration; or
b: the imposition of conditions on registration; or
c: the postponement of the grant of registration; or
d: the refusal to grant registration; or
e: the revocation of a refusal to grant registration deemed registration section 24(2) equivalent occupation section 14 exemption period section 81 extended exemption period section 82(1)﻿(a) goods
a: means goods of any kind; and
b: includes—
i: animals or plants; or
ii: material of microbial origin; or
iii: a package containing goods; or
iv: a label attached to goods grant intellectual property
a: has the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994; and
b: includes all intellectual property rights, including (without limitation) rights relating to circuit layouts and semiconductor chip products, confidential information, copyright, geographical indications, patents, plant varieties, registered designs, registered and unregistered trade marks, and service marks labelling law relating to quarantine
a: any disease; or
b: any genetic disorder; or
c: any pest; or
d: any organism (within the meaning of the Biosecurity Act 1993
i: cause unwanted harm to natural resources (within the meaning of the Biosecurity Act 1993
ii: interfere with measures to manage or eradicate any organism that causes unwanted harm to such natural resources; or
e: any organism (including an entity the subject of an Order in Council made under subsection (3)) that may—
i: cause harm to human health; or
ii: interfere with measures to manage or eradicate any organism that causes harm to human health local registration authority
a: except in relation to barristers and solicitors,—
i: means the person in New Zealand having the function conferred by law of registering individuals in connection with their carrying on of a particular occupation in New Zealand; and
ii: if more than 1 person has the function described in subparagraph (i) in relation to a particular occupation, includes each such person; and
b: in relation to barristers and solicitors, means,—
i: in relation to admission as a barrister and solicitor, a Registrar or Deputy Registrar of the High Court; and
ii: in relation to the issue of a practising certificate, the New Zealand Law Society the Minister Ministerial council occupation
a: means a calling, occupation, profession, or trade of any kind that may be carried on only by individuals subject to registration, if registration is wholly or partly dependent on the attainment or possession of some qualification; and
b: includes a specialisation in any calling, occupation, profession, or trade of a kind described in paragraph (a) in which registration may be granted panel section 48 participating jurisdiction section 3 produce qualification
a: a specific course of education or training; or
b: a specific examination; or
c: a specific kind of experience; or
d: a suitable character (including, without limitation, being a fit and proper person); or
e: a specific qualification, other than a qualification referred to in any of paragraphs (a) to (d), relating to fitness to carry on an occupation registration section 4 requirements review Part 4 sell
a: have in possession for sale; or
b: distribute for sale; or
c: expose or offer for sale; or
d: agree to sell; or
e: sell by wholesale or retail; or
f: barter; or
g: supply by way of exchange, hire, hire purchase, or lease State
a: means a State of Australia in relation to which a law corresponding to this Act is in force; and
b: includes the Australian Capital Territory for so long as there is in force in that Territory a law corresponding to this Act; and
c: includes the Northern Territory of Australia for so long as there is in force in that Territory a law corresponding to this Act substantive registration
a: means registration under the law of a participating jurisdiction; but
b: does not include deemed registration Trans-Tasman mutual recognition principle in relation to goods section 10 Trans-Tasman mutual recognition principle in relation to occupations section 15 Tribunal section 41 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: A reference to or citation of any Act in this Act includes the citation of all subsequent enactments passed in amendment or substitution of the Act so referred to or cited, unless it is otherwise manifested by the context. This subsection applies despite anything in Part 2 section 76(1) and (2)
3: The Governor-General may, from time to time, by Order in Council, declare an entity to be an organism for the purposes of paragraph (e) of the definition of law relating to quarantine in subsection (1).
4: An order under subsection (3) is secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cls 4(1), 6(1), (2) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) local registration authority substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Meaning of participating jurisdiction
For the purposes of this Act, a participating jurisdiction
a: New Zealand; or
b: the Commonwealth, for so long as there is in force in the Commonwealth a law corresponding to this Act; or
c: a State. Trans-Tasman Mutual Recognition Bill 1996 cl 50 (Aust)
4: Meaning of registration
1: In this Act, registration
2: If an individual is required by or under law to have more than 1 form of authorisation, as described in subsection (1), to carry on an occupation, registration
3: References in this Act to registration mean substantive registration, unless registration is qualified in such a way as to indicate another meaning; and registered Trans-Tasman Mutual Recognition Bill 1996 cls 4(1), 17(2) (Aust)
1: Preliminary provisions
5: Application
1: Every law of New Zealand must, unless it or this Act otherwise expressly provides, be read subject to this Act.
2: The Trans-Tasman mutual recognition principle in relation to goods, the Trans-Tasman mutual recognition principle in relation to occupations, and the provisions of this Act may be taken into consideration in proceedings of any kind and for any purpose. Trans-Tasman Mutual Recognition Bill 1996 cls 5(1), 51(1) (Aust)
6: Operation of this Act in relation to Australia
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, declare that this Act will cease to have effect on a specified day, if satisfied that—
a: no jurisdiction in Australia has passed a law corresponding to this Act and no jurisdiction in Australia is likely to pass a law corresponding to this Act in the near future; or
b: some or all of the jurisdictions in Australia have passed a law corresponding to this Act but all the jurisdictions in Australia are likely to repeal such laws in the near future.
2: The Minister must not make a recommendation under subsection (1) without first giving notice in the Gazette
3: An order under this section is secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 7(1), (2) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Act to bind the Crown
This Act binds the Crown. Trans-Tasman Mutual Recognition Bill 1996 cl 8 (Aust)
8: Notices
1: If any provision of Parts 2 to 4
a: to an individual,—
i: by personal delivery; or
ii: by leaving it at, or posting it to, the address of the place of residence or business of the individual last known to the person giving the notice; or
iii: by sending it by fax to the last known fax number of the individual:
b: to a body corporate,—
i: by leaving it at, or posting it to, the principal office of the body corporate; or
ii: by sending it by fax to the last known fax number of the body corporate.
2: If a notice is personally delivered to any individual under subsection (1), it is deemed to have been given to the individual at the time at which it was delivered.
3: If a notice is left at an address or a principal office under subsection (1), it is deemed to have been given to the person at the time at which it was left.
4: If a notice is posted to any person under subsection (1), it is deemed to have been given to the person at the time at which it would have been delivered in the ordinary course of post; and, in proving posting,—
a: it is sufficient to prove that the notice was properly addressed; and
b: it is presumed, in the absence of proof to the contrary, that the notice was posted on the day on which it was dated.
5: If a notice is sent by fax to any person under subsection (1), it is deemed to have been given to the person on the day after the day on which it was sent; and, in proving sending, it is sufficient to prove that a fax machine generated a record of the transmission of the notice to the fax number.
2: Goods
9: Place of production
1: For the purpose of determining where goods are produced for the purposes of this Act, goods are taken to be produced in the place where the most recent step in the process of producing the goods, whether by way of harvesting, packaging, or processing the goods or otherwise, has occurred.
2: Subsection (1) applies even though—
a: the process of production may be incomplete; or
b: some steps in the process have not yet been carried out; or
c: some steps in the process were carried out elsewhere; or
d: the goods or a component of the goods were imported into Australia. Trans-Tasman Mutual Recognition Bill 1996 cl 53 (Aust)
10: Trans-Tasman mutual recognition principle in relation to goods
1: The Trans-Tasman mutual recognition principle in relation to goods is that, subject to this Act, goods produced in or imported into an Australian jurisdiction, that may be lawfully sold in the Australian jurisdiction either generally or in particular circumstances may, by virtue of this Act, be sold in New Zealand either generally or in particular circumstances (as the case may be), without the necessity for compliance with any of the requirements relating to sale that are imposed by or under the law of New Zealand and are described in subsection (2).
2: The requirements referred to in subsection (1) are the following:
a: a requirement that the goods satisfy standards relating to their composition, performance, production, or quality, or relating to any other aspect of the goods themselves; or
b: a requirement that the goods satisfy standards relating to their age, date stamping, labelling, or packaging, or relating to any other aspect of the way the goods are presented; or
c: a requirement that the goods be inspected, passed, or similarly dealt with in or for the purposes of New Zealand; or
d: a requirement that any step in the production of the goods not occur outside New Zealand; or
e: any other requirement relating to sale that would prevent or restrict, or would have the effect of preventing or restricting, the sale of the goods in New Zealand. Trans-Tasman Mutual Recognition Bill 1996 cls 10, 11 (Aust)
11: Section 10 not to affect operation of certain laws
1: Nothing in section 10
a: the contractual aspects of the sale of goods; or
b: the persons to whom goods may or may not be sold; or
c: the circumstances in which goods may or may not be sold; or
d: franchise agreements or arrangements relating to the sale of goods; or
e: the registration of sellers or other persons carrying on occupations,— so long as those laws apply equally to goods produced in or imported into New Zealand.
2: Nothing in section 10
a: apply equally to goods produced in or imported into New Zealand; and
b: are directed at matters affecting the health and safety of persons in New Zealand or at avoiding, remedying, or mitigating any adverse effects of activities on the environment in New Zealand.
3: Nothing in section 10
a: apply equally to goods produced in or imported into New Zealand; and
b: are directed at matters affecting the health and safety of persons in New Zealand or at avoiding, remedying, or mitigating any adverse effects of activities on the environment in New Zealand; and
c: do not require the inspection of goods as a prerequisite to the sale of the goods in New Zealand. Trans-Tasman Mutual Recognition Bill 1996 cl 12(2)–(4) (Aust)
12: Defences to offences regarding sale
1: It is a defence to a prosecution for an offence against a law of New Zealand, being a prosecution in relation to the sale of any goods, if the defendant expressly claims that the Trans-Tasman mutual recognition principle in relation to goods applies and establishes that—
a: the goods were labelled at the point of sale with a statement to the effect that they were produced in or imported into Australia or a State; and
b: the defendant had no reasonable grounds for suspecting that they were not so produced or imported.
2: The defence described in subsection (1) is not available if the prosecution proves that the Trans-Tasman mutual recognition principle in relation to goods did not apply in the circumstances of the alleged offence.
3: Without limiting subsection (2), the defence described in subsection (1) is not available in relation to goods that were labelled at the point of sale with a statement to the effect that they were produced in or imported into Australia if the prosecution proves—
a: that the goods were not, at the time they were labelled, subject to laws of the Commonwealth relating to the requirements described in the section of the Australian Act dealing with requirements that do not need to be complied with; or
b: that, if the goods were, at the time they were labelled, subject to laws of the Commonwealth relating to the requirements described in the section of the Australian Act dealing with requirements that do not need to be complied with, the Commonwealth was not, at that time, a participating jurisdiction.
4: Without limiting subsection (2), the defence described in subsection (1) is not available in relation to goods that were labelled at the point of sale with a statement to the effect that they were produced in or imported into a State if the prosecution proves—
a: that the goods were not, at the time they were labelled, subject to laws of the State relating to the requirements described in the section of the Australian Act dealing with requirements that do not need to be complied with; or
b: that, if the goods were, at the time they were labelled, subject to laws of the State relating to the requirements described in the section of the Australian Act dealing with requirements that do not need to be complied with, the State was not, at that time, a participating jurisdiction.
5: If the goods were labelled at the point of sale with a statement to the effect that they were produced in or imported into Australia,—
a: any relevant presumptions or evidentiary procedures under the law of the Commonwealth are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2) or subsection (3); and
b: any relevant defences under the law of the Commonwealth are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2) or subsection (3).
6: If the goods were labelled at the point of sale with a statement to the effect that they were produced in or imported into a State,—
a: any relevant presumptions or evidentiary procedures under the law of the State are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2) or subsection (4); and
b: any relevant defences under the law of the State are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2) or subsection (4).
7: This section does not affect any defence that is available apart from this section. Trans-Tasman Mutual Recognition Bill 1996 cl 13 (Aust)
13: Goods that comply with local law
Nothing in this Part prevents goods from being sold in New Zealand if (apart from this Act) they comply with the relevant requirements of the law in force in New Zealand. Trans-Tasman Mutual Recognition Bill 1996 cl 14 (Aust)
3: Occupations
14: Equivalent occupation
1: For the purposes of this Act, and subject to subsection (2), an occupation for which individuals may be registered in an Australian jurisdiction is taken to be an equivalent occupation to an occupation for which individuals may be registered in New Zealand if the activities authorised to be carried out under each registration are substantially the same.
2: Subsection (1) is subject to—
a: the fact that equivalence of occupations between New Zealand and an Australian jurisdiction may be achieved by the imposition of conditions on deemed registration or registration; and
b: any declaration made and in force under section 30 section 31 Trans-Tasman Mutual Recognition Bill 1996 cls 28, 29(1) (Aust)
15: Trans-Tasman mutual recognition principle in relation to occupations
1: The Trans-Tasman mutual recognition principle in relation to occupations is that, subject to this Act, an individual who is registered in an Australian jurisdiction for an occupation is entitled, after giving notice to the local registration authority for the equivalent occupation,—
a: to be registered in New Zealand for the equivalent occupation; and
b: pending such registration, to carry on the equivalent occupation in New Zealand.
2: The entitlement described in subsection (1) arises by virtue of this Act, and no law of New Zealand requiring an individual seeking to carry on that occupation to have any particular qualification before doing so applies to any individual who is registered in an Australian jurisdiction for an occupation and who gives notice to the local registration authority for the equivalent occupation in accordance with section 19 Trans-Tasman Mutual Recognition Bill 1996 cl 16(1) (Aust)
16: Section 15 not to affect operation of certain laws
Nothing in section 15
a: apply equally to all individuals carrying on or seeking to carry on the occupation under the law of New Zealand; and
b: do not require an individual carrying on or seeking to carry on that occupation under the law of New Zealand to have any particular qualification before doing so. Trans-Tasman Mutual Recognition Bill 1996 cl 16(2) (Aust) Entitlement to registration
17: Entitlement to registration and continued registration
1: For all the purposes of the law of New Zealand, every law of New Zealand dealing with registration is deemed to include as a ground of entitlement to registration and renewal of registration, subject to the provisions of this Act, the ground that an individual seeking registration or renewal of registration is registered in an equivalent occupation in an Australian jurisdiction.
2: An individual to whom registration has been granted on the ground referred to in subsection (1)—
a: is entitled to renewal of registration in accordance with the law dealing with registration of that kind; and
b: is not disentitled to registration or renewal of registration solely because the individual ceases to be registered in an equivalent occupation in an Australian jurisdiction; and
c: keeps or loses his or her entitlement to registration or renewal of registration in accordance with any law dealing with registration of that kind, to the extent that any such law—
i: applies equally to all individuals carrying on or seeking to carry on the occupation under the law of New Zealand; and
ii: does not require an individual carrying on or seeking to carry on that occupation under the law of New Zealand to have any particular qualification before doing so. Trans-Tasman Mutual Recognition Bill 1996 cl 19(1)–(4) (Aust)
18: Residence or domicile irrelevant
Residence or domicile in any particular participating jurisdiction is not a prerequisite to, or a factor in, entitlement to the grant, renewal, or continuation of registration. Trans-Tasman Mutual Recognition Bill 1996 cl 36 (Aust) Procedure for registration
19: Notification to local registration authority
1: An individual who is registered in an Australian jurisdiction for an occupation may give a written notice to the local registration authority for the equivalent occupation seeking registration for the equivalent occupation on the ground referred to in section 17(1)
2: A notice referred to in subsection (1) must—
a: state the occupation for which registration is sought; and
b: state that the applicant is registered for that occupation or an equivalent occupation in an Australian jurisdiction; and
c: state that registration is being sought in accordance with the Trans-Tasman mutual recognition principle in relation to occupations; and
d: specify all the participating jurisdictions in which the applicant has registration for equivalent occupations and specify the occupations; and
e: state that the applicant is not, in relation to any occupation referred to in paragraph (b) or paragraph (d),—
i: the subject of any preliminary investigations or action that might lead to disciplinary proceedings in any participating jurisdiction; or
ii: the subject of any disciplinary proceedings in any participating jurisdiction; and
f: state that the applicant's registration for any occupation referred to in paragraph (b) or paragraph (d) is neither cancelled nor suspended in any participating jurisdiction as a result of disciplinary action; and
g: state that the applicant is not otherwise personally prohibited from carrying on any occupation referred to in paragraph (b) or paragraph (d) in any participating jurisdiction, and is not subject to any special conditions in carrying on any such occupation, as a result of criminal, civil, or disciplinary proceedings in any participating jurisdiction; and
h: specify any special conditions to which the applicant is subject in carrying on any occupation referred to in paragraph (b) or paragraph (d) in any participating jurisdiction; and
i: give consent to the making of inquiries of, and the exchange of information with, the authorities of any participating jurisdiction regarding the applicant's activities in the relevant occupation or occupations or otherwise regarding matters relevant to the notice; and
j: be accompanied by any fee payable under section 39 section 40
3: The applicant must, in relation to a notice referred to in subsection (1),—
a: annex to it either—
i: a document that is either the original or a facsimile copy of the instrument evidencing the applicant's existing registration; or
ii: if no such instrument exists, sufficient information to identify the applicant and the applicant's existing registration; and
b: if a document accompanies a notice under paragraph (a)﻿(i), certify in the notice that the document is either the original or a facsimile copy of the instrument evidencing the applicant's existing registration; and
c: verify the statements and other information in the notice by statutory declaration.
4: The local registration authority may, at its discretion, permit a notice referred to in subsection (1) to be amended after it is given. Trans-Tasman Mutual Recognition Bill 1996 cl 18 (Aust)
20: Action following notice
1: Within the period of 1 month after a notice is given under section 19
a: grant registration on the ground referred to in section 17(1)
b: postpone, under section 21
c: refuse, under section 22
2: If the local registration authority grants registration under subsection (1)﻿(a), it must decide whether or not to impose conditions on the grant.
3: A local registration authority may impose conditions under subsection (2)—
a: for the purpose of achieving equivalence of occupations; or
b: for the purpose of imposing on the applicant's registration in New Zealand a condition that applies to the applicant's registration in an Australian jurisdiction; or
c: for any other purpose relating to the implementation of the Trans-Tasman mutual recognition principle in relation to occupations.
4: No condition imposed under subsection (3)﻿(c) may be more onerous than a condition that the local registration authority would impose in similar circumstances, having regard to relevant qualifications, if the registration were effected apart from this Act.
5: If the local registration authority does not grant, postpone, or refuse registration within the period of 1 month after a notice is given under section 19
6: If an applicant who is entitled to registration under subsection (5) seeks a grant of registration from the local registration authority, the local registration authority may refuse to grant registration only if—
a: any ground set out in section 22(1)
b: there are reasonable grounds to believe that there has been an attempt to obtain the applicant's registration by fraud, whether that fraud was committed by the applicant or any other person.
7: Registration granted under this section has effect as if it had been granted immediately on the giving of the notice. Trans-Tasman Mutual Recognition Bill 1996 cls 19(2), (5), 20 (Aust)
21: Postponement of registration
1: A local registration authority may postpone the grant of registration if—
a: any of the statements or information in the notice required by section 19
b: any document or information required by section 19
c: any document or information required by section 19
d: the circumstances of the applicant have materially changed since the date of the notice or the date it was given; or
e: the authority determines that the occupation in which registration is sought is not an equivalent occupation.
2: The local registration authority must not postpone the grant of registration under subsection (1) for longer than a period of 6 months commencing at the conclusion of the period of 1 month referred to in section 20(1)
3: Within the period of 6 months referred to in subsection (2) the local registration authority must—
a: grant registration on the ground referred to in section 17(1)
b: refuse, under section 22
4: If the local registration authority does not grant or refuse registration within the period of 6 months referred to in subsection (2), the applicant is entitled to registration immediately at the end of that period. Trans-Tasman Mutual Recognition Bill 1996 cl 21(1)–(3) (Aust)
22: Refusal of registration
1: A local registration authority may refuse to grant registration if—
a: any of the statements or information in the notice required by section 19
b: any document or information required by section 19
c: any document or information required by section 19
d: the authority determines—
i: that the occupation in which registration is sought is not an equivalent occupation; and
ii: that equivalence cannot be achieved by the imposition of conditions.
2: In making a determination under subsection (1)﻿(d), the local registration authority must disregard the power of the Tribunal to make a declaration on the basis of section 30(1)﻿(b)
3: A refusal to grant registration on the ground referred to in subsection (1)﻿(d) takes effect at the end of a period that—
a: is specified in the notice given under section 23(1)
b: is no less than 2 weeks; and
c: commences on the day on which the notice is deemed to have been given to the applicant.
4: A local registration authority may revoke a refusal to grant registration at any time before it takes effect. Trans-Tasman Mutual Recognition Bill 1996 cl 22 (Aust)
23: Notification
1: A local registration authority must give to the applicant written notice of the following decisions:
a: the grant of registration; or
b: the imposition of conditions on registration; or
c: the postponement of the grant of registration; or
d: the refusal to grant registration; or
e: the revocation of a refusal to grant registration.
2: A notice given under subsection (1) must, in relation to a decision referred to in any of paragraphs (b) to (d) of subsection (1),—
a: include a statement of the reasons for the decision; and
b: include a statement to the effect that the applicant may apply for a review of the decision; and
c: refer to section 35
3: Failure to comply with any requirement of subsection (2) does not affect the validity of the decision. Trans-Tasman Mutual Recognition Bill 1996 cls 23, 33(3), (4) (Aust) Interim arrangements
24: Deemed registration
1: Subject to section 26
2: References in this Act to deemed registration mean the entitlement referred to in subsection (1). Trans-Tasman Mutual Recognition Bill 1996 cl 24(1), (2) (Aust)
25: Imposition of conditions on deemed registration
1: The local registration authority must decide whether or not to impose conditions on an applicant's deemed registration.
2: A local registration authority may impose conditions under subsection (1)—
a: for the purpose of achieving equivalence of occupations; or
b: for the purpose of imposing on the applicant's deemed registration in New Zealand a condition that applies to the applicant's registration in an Australian jurisdiction; or
c: for any other purpose relating to the implementation of the Trans-Tasman mutual recognition principle in relation to occupations.
3: No condition imposed under subsection (2)﻿(c) may be more onerous than a condition that the local registration authority would impose in similar circumstances, having regard to relevant qualifications, if the registration were effected apart from this Act. Trans-Tasman Mutual Recognition Bill 1996 cl 26(5) (Aust)
26: Activities under deemed registration
1: An applicant who is subject to deemed registration may carry on his or her occupation as if the applicant were subject to registration, but may do so only—
a: within the limits conferred by the deemed registration; and
b: subject to any conditions applying to the deemed registration imposed under section 25
c: within the limits conferred by the applicant's registration in all the Australian jurisdictions in which the applicant is registered; and
d: subject to any conditions or undertakings applying to the applicant's registration in all the Australian jurisdictions in which the applicant is registered, unless waived by the local registration authority under subsection (2); and
e: so long as the applicant complies with any requirement regarding fidelity funds, insurance, or trust accounts, or any other such protection for the public, clients, customers, or others.
2: The local registration authority may waive any condition or undertaking applying to the applicant's registration in an Australian jurisdiction if it thinks it appropriate to do so in the circumstances.
3: Any condition or undertaking applying to an applicant's registration in an Australian jurisdiction, when applied to the applicant's deemed registration, is to be construed with any necessary modifications, including the following (if appropriate and so far as practicable):
a: references to the Australian jurisdiction are to be read as references to New Zealand:
b: references to officers or authorities of the Australian jurisdiction are to be read as references to the corresponding officers or authorities of New Zealand. Trans-Tasman Mutual Recognition Bill 1996 cls 26(1), (2), (3)﻿(a), (4), 52 (Aust)
27: Application of relevant law to deemed registration
1: An applicant who is subject to deemed registration is subject to any disciplinary provisions and arrangements that are applicable to individuals who are subject to registration.
2: References in the law of New Zealand to individuals registered for an occupation in New Zealand (however expressed) extend to applicants who are subject to deemed registration. Trans-Tasman Mutual Recognition Bill 1996 cl 26(3)﻿(b), (c) (Aust)
28: Cessation of deemed registration
1: Deemed registration ceases if—
a: it is cancelled or suspended in accordance with any law of New Zealand applied by section 27
b: the local registration authority grants registration to an applicant subject to it; or
c: the local registration authority refuses to grant registration to an applicant subject to it; or
d: the local registration authority cancels it at the request of an applicant subject to it; or
e: an applicant subject to it ceases to be subject to registration in every other participating jurisdiction referred to in the notice under paragraph (b) or (d) of section 19(2)
2: Deemed registration is not affected by postponement of the grant of registration. Trans-Tasman Mutual Recognition Bill 1996 cl 25 (Aust) Declarations as to equivalent occupations
29: Declarations as to equivalence of occupations
1: If a declaration made by the Tribunal under section 30 section 31
2: A declaration made by the Tribunal under section 30
3: A declaration made by Ministers under section 31 Trans-Tasman Mutual Recognition Bill 1996 cl 29(2), (3) (Aust)
30: Declarations by Tribunal
1: The Tribunal may, in any review, make a declaration that occupations carried on in an Australian jurisdiction and New Zealand are not equivalent, but only if the Tribunal is satisfied—
a: that the activities involved in the occupations are not substantially the same and that no conditions can be imposed that would have the effect of making the activities substantially the same; or
b: that registration in an Australian jurisdiction should not entitle individuals subject to registration to carry on a particular activity or class of activity in New Zealand, if—
i: the activity or class of activity is a material part of the practice of an individual subject to registration in an Australian jurisdiction for the occupation; and
ii: the activity or class of activity, if carried on by an individual not conforming to the appropriate standards, could reasonably be expected to expose persons in New Zealand to a real threat to their health or safety or could reasonably be expected to cause significant adverse effects on the environment in New Zealand; and
iii: it is not practicable to protect the health or safety of such persons from that threat or the environment from such adverse effects by regulating the manner in which services in the occupation are provided.
2: The proper officer of the Tribunal must cause a notice setting out the terms of a declaration under this section to be published promptly in the Gazette
3: A declaration made on the basis of subsection (1)﻿(b) has effect for no longer than 12 months.
4: The local registration authority must promptly give written notice to equivalent authorities in each other participating jurisdiction of a declaration made on the basis of subsection (1)﻿(b).
5: The local registration authority must give effect to a declaration made under subsection (1), and must from then on act in conformity with the declaration in relation to other individuals seeking registration. Trans-Tasman Mutual Recognition Bill 1996 cl 30(2)–(5) (Aust)
31: Declarations by Ministers
1: The Minister and a Minister from each of 1 or more Australian jurisdictions may jointly declare, by notice in the Gazette
a: that specified occupations are equivalent, and may specify or describe in the notice any conditions that the appropriate local registration authority is to impose to achieve equivalence; or
b: that a notice published under paragraph (a) is amended or revoked.
2: A declaration made under subsection (1) has effect only in relation to the participating jurisdictions concerned.
3: The appropriate local registration authority must give effect to any declaration made under subsection (1). Trans-Tasman Mutual Recognition Bill 1996 cl 31 (Aust) General provisions
32: Disciplinary action
1: If an individual's deemed registration or registration for an occupation in an Australian jurisdiction—
a: is cancelled or suspended; or
b: is subject to a condition— on disciplinary grounds, or as a result of or in anticipation of criminal, civil, or disciplinary proceedings, then the individual's deemed registration or registration for the equivalent occupation in New Zealand is affected in the same way.
2: Despite subsection (1), the local registration authority may reinstate any cancelled or suspended deemed registration or registration or waive any such condition if it thinks it appropriate to do so in the circumstances.
3: This section extends to registration effected apart from this Act.
4: This section has effect despite any other provisions of this Act. Trans-Tasman Mutual Recognition Bill 1996 cl 32 (Aust)
33: Furnishing information
1: A local registration authority must furnish without delay any information reasonably required by the equivalent authority of any other participating jurisdiction about an individual subject to registration in New Zealand if—
a: the equivalent authority of the other participating jurisdiction notifies the local registration authority that the information is required in connection with—
i: a notice given by an individual seeking registration; or
ii: an individual's deemed registration; or
iii: actual or possible disciplinary action against the individual; and
b: either,—
i: if the requirement relates to a notice given by an individual seeking registration, the equivalent authority of the other participating jurisdiction notifies the local registration authority that the individual seeking registration has, in the notice, authorised the furnishing of the information; or
ii: if the requirement relates to an individual's deemed registration or actual or possible disciplinary action against the individual, the furnishing of the information does not contravene the Privacy Act 2020
2: This section applies notwithstanding any law of New Zealand relating to secrecy or confidentiality.
3: Nothing in this section affects any obligation or power of a local registration authority to provide information apart from this section. Trans-Tasman Mutual Recognition Bill 1996 cl 37 (Aust) Section 33(1)﻿(b)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
34: Receiving information
If a local registration authority receives information under a provision of a law of an Australian jurisdiction corresponding to section 33 Privacy Act 2020 Trans-Tasman Mutual Recognition Bill 1996 cl 38 (Aust) Section 34 amended 1 December 2020 section 217 Privacy Act 2020
35: Applicant may obtain information from local registration authority
1: If a local registration authority makes a decision in respect of which an applicant may apply for a review, the applicant may, by notice in writing to the local registration authority, request it to furnish to the applicant a statement in writing setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based.
2: If a local registration authority receives a request made under subsection (1) it must, within 20 working days after receiving the request, prepare, and furnish to the applicant, such a statement. Trans-Tasman Mutual Recognition Bill 1996 cl 33(3) (Aust); Administrative Appeals Tribunal Act 1975 s 28(1) (Aust)
36: General responsibilities of local registration authorities
1: It is the duty of each local registration authority to facilitate the operation of this Part in relation to every occupation for which the authority is responsible and, in particular, to make use of its powers to impose conditions in such a way as to promote the Trans-Tasman mutual recognition principle in relation to occupations.
2: It is the duty of each local registration authority from time to time to prepare and make available guidelines and information regarding the operation of this Part in relation to every occupation for which the authority is responsible.
3: The first guidelines and information required by subsection (2) must be available within 6 months from the date on which this section comes into force. Trans-Tasman Mutual Recognition Bill 1996 cl 39(1)–(3) (Aust)
37: Formalities requiring personal attendance
1: Compliance with any statutory or other formalities requiring personal attendance in New Zealand is not a prerequisite to entitlement to registration or deemed registration or registration under this Act.
2: This section applies to formalities that would otherwise have to be complied with before, at, or after registration. Trans-Tasman Mutual Recognition Bill 1996 cl 41 (Aust)
38: Saving
Nothing in this Act prevents an individual from seeking registration or being registered for an occupation under a law other than this Act. Trans-Tasman Mutual Recognition Bill 1996 cl 42 (Aust)
39: Laws prescribing fees and conditions
1: In the absence of regulations made under section 40(1)﻿(a)
a: the fee prescribed for registration, in any law dealing with registration for a particular occupation, must be read as the fee for deemed registration for that occupation under this Act; and
b: the fee prescribed for the renewal of registration, in any law dealing with registration for a particular occupation, must be read as the fee for the renewal of registration for that occupation under this Act;— and, if any law dealing with registration for a particular occupation prescribes more than 1 fee for registration or the renewal of registration, as the case requires, the applicant must pay the lower or the lowest of the fees prescribed.
2: If an applicant has paid a fee for deemed registration under a law referred to in subsection (1)﻿(a), that applicant is not, despite anything in that law, required to pay a fee for registration under this Act.
3: In the absence of regulations made under section 40(1)﻿(b)
40: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing fees in relation to deemed registration or the renewal of registration for a particular occupation under this Act:
b: providing, as a condition of deemed registration or the renewal of registration for a particular occupation under this Act, that an individual may not carry on the occupation unless a fee has been paid.
2: No fee prescribed under subsection (1) for deemed registration under this Act may be greater than the fee prescribed for registration (or, if more than 1 fee is prescribed, the higher or highest of those fees) under the law dealing with registration for the particular occupation.
3: No fee prescribed under subsection (1) for the renewal of registration under this Act may be greater than the fee prescribed for the renewal of registration (or, if more than 1 fee is prescribed, the higher or highest of those fees) under the law dealing with registration for the particular occupation.
4: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 40 (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Trans-Tasman Occupations Tribunal
41: Trans-Tasman Occupations Tribunal
There is established a Tribunal to be called the Trans-Tasman Occupations Tribunal.
42: Functions of Tribunal
An applicant may apply to the Tribunal for the review of a decision of a local registration authority to—
a: impose conditions on registration; or
b: postpone the grant of registration; or
c: refuse to grant registration. Trans-Tasman Mutual Recognition Bill 1996 cl 33(1) (Aust)
43: Effect on decision
1: Subject to subsection (2), every decision of a local registration authority that is the subject of a review continues in force and has effect pending the determination of the review.
2: The Tribunal may, at the request of an applicant who is a party to a review, make an interim order,—
a: in relation to a decision to impose conditions on registration, permitting the applicant to carry on the occupation without complying with the conditions; or
b: in relation to a decision to refuse to grant registration, extending the applicant's deemed registration for a period specified by the Tribunal.
3: The Tribunal must not make an order under subsection (2) unless the local registration authority whose decision is the subject of the review has been given a reasonable opportunity to make a submission to the Tribunal in relation to the interim order proposed to be made.
4: The Tribunal may revoke at any time an interim order made under subsection (2).
44: Orders by Tribunal
1: The Tribunal may make any order that it thinks fit in relation to the conduct of any review.
2: The Tribunal may, in any review, make an order—
a: that an individual who is registered in a particular occupation in an Australian jurisdiction is entitled to registration in a particular occupation in New Zealand; or
b: that an individual who is registered in a particular occupation in an Australian jurisdiction is entitled to registration in a particular occupation in New Zealand, subject to conditions specified by the Tribunal for the purpose of achieving equivalence of occupations; or
c: that an individual who is registered in a particular occupation in an Australian jurisdiction is not entitled to registration in a particular occupation in New Zealand.
3: The local registration authority must give effect to an order made under subsection (2), and must from then on act in conformity with the order in relation to other individuals seeking registration. Trans-Tasman Mutual Recognition Bill 1996 cl 30(1), (5) (Aust)
45: Co-operation with Australian Tribunal
For the purpose of promoting consistency between decisions made by the Tribunal for the purposes of this Act and the Australian Tribunal for the purposes of the Australian Act, the Tribunal must have regard to decisions made by the Australian Tribunal for the purposes of the Australian Act. Trans-Tasman Mutual Recognition Bill 1996 cl 35(1), (2) (Aust) Membership
46: Membership of Tribunal
1: The members of the Tribunal are—
a: the Chairperson; and
b: subject to subsection (2), 2 other individuals appointed from the panel by the Chairperson for the purposes of each review.
2: Instead of making 2 appointments under subsection (1)﻿(b), the Chairperson may, if the Chairperson considers it desirable,—
a: appoint 1 member of the Tribunal under subsection (1)﻿(b); and
b: appoint, as another member of the Tribunal, a member of the Australian Tribunal, in accordance with arrangements made from time to time between the Chairperson and the President of the Australian Tribunal. Trans-Tasman Mutual Recognition Bill 1996 cl 35(3) (Aust)
47: Appointment and term of office of Chairperson
1: Every individual appointed as the Chairperson must be a barrister or solicitor of the High Court of not less than 7 years' practice or a District Court Judge.
2: Any individual appointed as the Chairperson may hold that office concurrently with any other office held by him or her and may from time to time be reappointed.
3: The Chairperson is appointed by the Governor-General on the recommendation of the Minister of Justice.
4: Every individual appointed as the Chairperson holds office for such term, not exceeding 5 years, as the Governor-General on the recommendation of the Minister of Justice specifies in the instrument appointing the Chairperson. This subsection is affected by section 50
5: The Minister of Justice must consult the Minister before making any recommendation under subsection (3) or subsection (4).
6: If the term for which the Chairperson has been appointed expires, the Chairperson, unless sooner vacating or removed from office under section 50
a: any review has concluded; and
b: either—
i: the Chairperson is reappointed; or
ii: a successor to the Chairperson is appointed; or
iii: the Chairperson is informed in writing by the Minister of Justice that the Chairperson is not to be reappointed and that a successor to the Chairperson is not to be appointed.
7: The expiry of the term of office of the Chairperson does not affect any service being performed by the Chairperson on the Australian Tribunal.
48: Panel
1: The Minister of Justice must maintain a panel of not more than 15 individuals who may be appointed under section 46(1)﻿(b)
2: The Minister of Justice must consult the Minister before including any individual on the panel.
3: In considering the suitability of any individual for inclusion on the panel, the Minister of Justice and the Minister must have regard not only to his or her personal attributes but also to his or her knowledge of and experience in the different aspects of matters likely to come before the Tribunal.
4: The name of an individual must be removed from the panel if—
a: the individual dies or is, under the Insolvency Act 2006
b: the Minister of Justice directs that the name of the individual be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister of Justice; or
c: a period of 5 years has elapsed since the date on which the Minister of Justice last approved the entry of the individual's name; or
d: the individual requests by writing addressed to the Minister of Justice that his or her name be removed.
5: If paragraph (c) or paragraph (d) of subsection (4) applies, the name of the individual must not be removed from the panel until any review in respect of which the individual was appointed to the Tribunal has concluded and until any service being performed by the individual on the Australian Tribunal has concluded. Section 48(4)﻿(a) amended 3 December 2007 section 445 Insolvency Act 2006
49: Deputy Chairperson
1: In any case in which the Chairperson becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson deems it not proper or desirable that he or she should adjudicate on any specified matter, the Governor-General, on the recommendation of the Minister of Justice, may appoint a suitable individual to be the Deputy Chairperson and to act for the Chairperson for the period or purpose stated in the appointment.
2: The Minister of Justice must consult the Minister before making a recommendation under subsection (1).
3: No individual may be appointed as the Deputy Chairperson unless he or she is eligible for appointment as the Chairperson.
4: Every Deputy Chairperson appointed under this section is, while acting for the Chairperson, deemed to be the Chairperson.
5: No appointment of a Deputy Chairperson, and no act done by a Deputy Chairperson as such, and no act done by the Tribunal while he or she is acting as such, may in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
50: Vacation of office by Chairperson and Deputy Chairperson
1: The Chairperson and any Deputy Chairperson may at any time resign his or her office by delivering a notice in writing to that effect to the Minister of Justice.
2: The Chairperson and any Deputy Chairperson is deemed to have vacated his or her office if he or she dies or is, under the Insolvency Act 2006
3: The Chairperson and any Deputy Chairperson may at any time be removed from office by the Governor-General for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General. Section 50(2) amended 3 December 2007 section 445 Insolvency Act 2006
51: Remuneration and travelling allowances
1: The Tribunal is declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: Subject to subsection (3), there must be paid to members of the Tribunal remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
3: Subsection (2) does not apply to a District Court Judge who is a member of the Tribunal or to any member appointed under section 46(2)﻿(b) Trans-Tasman Mutual Recognition Bill 1996 cl 35(6) (Aust)
52: Members of Tribunal not personally liable
No member of the Tribunal is personally liable for any act done or omitted to be done by the Tribunal or any member of it in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal. Parties to review
53: Parties to review
1: The parties to a review are the applicant and the local registration authority.
2: The Tribunal may direct that a person be added as a party to any review if the Tribunal is satisfied that the person has a substantial interest in the review and either—
a: the person applies to be made a party to the review; or
b: the Tribunal of its own motion considers it desirable.
3: The Attorney-General, if in his or her opinion the public interest is or may be involved, may, on giving such notice to other parties as the Tribunal may direct, appear and be heard, or present submissions in writing, on any review. Conferences
54: Conferences
1: If the Tribunal is of the opinion that it would be appropriate for the parties to a review to attend a conference—
a: for any purpose relating to the conduct of the review; or
b: for the purpose of—
i: identifying the matters in issue between the parties; and
ii: trying to obtain agreement between the parties on the resolution of those matters,— the Chairperson may nominate a member of the Tribunal appointed under section 46(1)﻿(b)
2: The conference chairperson must give written notice to the parties—
a: inviting them to attend the conference; and
b: notifying them of the purpose of the conference; and
c: notifying them of the date, time, and place of the conference; and
d: notifying them that their representatives may, if the parties wish, attend the conference.
55: Procedure at conferences
1: The conference chairperson may, with the parties' consent, invite to attend a conference any person whose attendance would in the opinion of the conference chairperson be likely to assist in achieving any purpose for which the conference was called.
2: There may be paid to any person attending any conference under subsection (1) fees, allowances, and expenses as if that person were a witness attending before the Tribunal to give evidence under a summons issued on the motion of the Tribunal.
3: The conference chairperson may allow the parties or their representatives or any other person invited to attend a conference to participate in the conference by—
a: telephone; or
b: closed-circuit television, if such a facility is available; or
c: any other means of communication for which facilities are available.
4: Any conference may be adjourned from time to time and from place to place.
5: If the parties reach an agreement in relation to the conduct of the review, and the Tribunal is satisfied that an order recording the terms of the agreement is within its powers under section 44(1)
6: If the parties reach agreement on the matters in issue, and the Tribunal is satisfied that an order recording the terms of the agreement is within its powers under section 44(2)
56: Conference chairperson's participation in hearing
If—
a: a conference is held; and
b: either—
i: the Tribunal makes an order under section 44(1)
ii: the Tribunal makes no order under section 44
c: a party objects to the conference chairperson participating in the hearing of the review,— the Chairperson must appoint another individual under section 46(1)﻿(b)
57: Evidence not admissible
No evidence is admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of a conference, except, with the parties' consent, at the hearing of the review. Procedure
58: Power of Tribunal if parties reach agreement
1: If, at any stage of a review, the parties reach an agreement in relation to the conduct of the review, and the Tribunal is satisfied that an order recording the terms of the agreement is within its powers under section 44(1)
2: If, at any stage of a review, the parties reach agreement on the matters in issue, and the Tribunal is satisfied that an order recording the terms of the agreement is within its powers under section 44(2)
59: Hearing in absence of parties
If—
a: it appears to the Tribunal that a review can be adequately determined in the absence of the parties, their representatives, and witnesses; and
b: the parties consent to the review being determined in the absence of the parties, their representatives, and witnesses,— the Tribunal may conduct the review by considering the documents or other material lodged with or provided to the Tribunal.
60: Avoidance of unnecessary formality
The Tribunal must conduct any review with as little formality and technicality, and as much expedition, as is permitted by—
a: the requirements of this Act; and
b: a proper consideration of the review; and
c: the principles of natural justice.
61: Sittings of Tribunal
1: The Tribunal must fix a time and place for each sitting and cause notice to be given to the parties of the time and place fixed.
2: The Chairperson presides at every sitting of the Tribunal.
3: No sitting of the Tribunal may take place, except for the purposes of interlocutory or other ancillary matters, unless all members are present.
4: Every sitting of the Tribunal is held in such place as the Tribunal deems convenient.
5: Every sitting of the Tribunal is held in public unless the Tribunal in any particular case, having regard to the interests of the parties and of all other persons concerned, considers that the sitting or any part of it should be held in private.
6: The Tribunal may make an order prohibiting the publication of any report or description of a review or of any part of a review.
7: Every person commits an offence and is liable on
8: Any sitting of the Tribunal may be adjourned from time to time and from place to place. Section 61(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
62: Procedure of Tribunal
1: Any party to a review may appear personally or by the party's barrister, solicitor, or agent.
2: The Tribunal may appoint a barrister or solicitor to appear and be heard in a review as counsel assisting the Tribunal.
3: The decision of the majority of members is the decision of the Tribunal.
4: Every decision of the Tribunal must be in writing and must state the reasons for the decision.
5: The Tribunal determines its own procedure, except as otherwise provided in this Part.
63: Evidence
1: The Tribunal may receive as evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the review, whether or not the same would be admissible in a court of law.
2: The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.
3: The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.
4: Subject to subsections (1) to (3), the Evidence Act 2006 Section 63(4) amended 1 August 2007 section 216 Evidence Act 2006
64: Witness summons
1: The Tribunal may of its own motion, or on the application of any party to the review, issue a witness summons to any person requiring that person to attend before the Tribunal to give evidence in the review.
2: The witness summons must state—
a: the place where the person is to attend; and
b: the date and time when the person is to attend; and
c: the papers, documents, records, or things that the person is required to bring and produce to the Tribunal; and
d: the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and
e: the penalty for failing to attend.
3: The power to issue a witness summons may be exercised by the Tribunal or the Chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or the Chairperson.
65: Service of summons
1: A witness summons may be served—
a: by delivering it personally to the person summoned; or
b: by posting it by registered letter addressed to the person summoned at that person's usual place of residence.
2: The summons must,—
a: if it is served under subsection (1)﻿(a), be served at least 24 hours before the attendance of the witness is required; or
b: if it is served under subsection (1)﻿(b), be served at least 10 working days before the date on which the attendance of the witness is required.
3: If the summons is posted by registered letter, it is deemed for the purposes of subsection (2)﻿(b) to have been served at the time when the letter would have been delivered in the ordinary course of post.
66: Witnesses' allowances
1: Every witness attending before the Tribunal to give evidence under a summons is entitled to be paid witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011
2: On each occasion on which the Tribunal issues a summons under section 64
3: The amount fixed under subsection (2) must be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or individual, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
4: If a party to the review has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness must be paid by that party.
5: If the Tribunal has of its own motion issued the witness summons, the fees, allowances, and travelling expenses payable to the witness must be paid by the Crown. Section 66(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
67: Privileges and immunities
1: Witnesses appearing before the Tribunal have the same privileges and immunities as witnesses have in proceedings in the District Court
2: Counsel and agents appearing before the Tribunal have the same privileges and immunities as counsel have in proceedings in the District Court Section 67(1) amended 1 March 2017 section 261 District Court Act 2016 Section 67(2) amended 1 March 2017 section 261 District Court Act 2016
68: Non-attendance or refusal to co-operate
1: Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without reasonable excuse,—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the review; or
c: fails to produce any such paper, document, record, or thing.
2: Every person who commits an offence against subsection (1) is liable on
3: No person summoned to attend before the Tribunal may be convicted of an offence against subsection (1) unless there was tendered or paid to that person travelling expenses in accordance with section 66 Section 68(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
69: Contempt of Tribunal
1: Every person commits an offence and is liable on
a: assaults, threatens, or intimidates, or intentionally insults, the Tribunal or any member of it or any special adviser to or officer of the Tribunal, during a sitting of the Tribunal, or in going to, or returning from, any sitting; or
b: intentionally interrupts the proceedings of the Tribunal or otherwise misbehaves while the Tribunal is sitting; or
c: intentionally and without lawful excuse disobeys an order or direction of a member of the Tribunal in the course of any sitting.
2: A member of the Tribunal may order the exclusion from a sitting of the Tribunal of any individual whose behaviour, in that member's opinion, constitutes an offence against subsection (1), whether or not such individual is charged with the offence; and any constable Section 69(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 69(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
70: Costs
1: The Tribunal may order any party to pay to any other party such costs and expenses (including witness expenses) incurred by that other party as the Tribunal considers reasonable.
2: Any such order as to costs may be filed in the District Court Section 70(2) amended 1 March 2017 section 261 District Court Act 2016
71: Stating case for High Court
1: The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the review or of its own motion, state a case for the opinion of the High Court on any question of law arising in the review.
2: The Tribunal must give notice to the parties to the review of the Tribunal's intention to state a case under this section, specifying the registry of the High Court in which the case is to be filed.
3: Except when the Tribunal intends to state the case of its own motion, the question must be in the form of a special case to be drawn up by the parties to the review, and, if the parties do not agree, to be settled by the Tribunal.
4: If the Tribunal intends to state a case of its own motion, it must itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
5: Every case stated for the High Court under this section must be dealt with in accordance with rules of court.
6: The High Court must hear and determine any question submitted to it under this section, and must remit the case with its opinion to the Tribunal.
72: Appeal on question of law
1: If the Tribunal does not give a direction under section 53(2)
2: If any party to any review is dissatisfied with any decision of the Tribunal as being erroneous in point of law, that party may appeal to the High Court on that question of law.
3: Every appeal under this section must be dealt with in accordance with rules of court.
4: Subject to any order of the High Court, every decision of the Tribunal against which an appeal is lodged continues in force or has effect pending the determination of the appeal.
73: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing a fee to be paid by an applicant making an application under section 42
b: prescribing the procedure to be followed under this Act in respect of reviews.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
74: New Zealand member of Australian Tribunal
If the Chairperson or an individual whose name is entered on the panel serves as a member of the Australian Tribunal for the purposes of a review under the section of the Australian Act dealing with the review of decisions,—
a: the Australian Tribunal is deemed to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
b: the Chairperson or individual must be paid—
i: remuneration by way of fees, salary, or otherwise in accordance with the Fees and Travelling Allowances Act 1951
ii: travelling allowances and travelling expenses in respect of time spent in travelling in the service of the Australian Tribunal, at such rate as the Minister of State Services from time to time approves; and
iii: such other allowances at such rate as the Minister of State Services from time to time approves.
5: Exclusions and exemptions
75: Meaning of endorsed
For the purposes of sections 78(2) 80(2) 82(2) 83(2) 85(2) 87(2)
a: by New Zealand, when the Minister has given notice in the Gazette
b: by the Commonwealth, when regulations to the same effect as the proposed regulations have been made by the Commonwealth; and
c: by a State, when a notice setting out and endorsing regulations to the same effect as the proposed regulations has been published in the official gazette of—
i: each State (other than the Australian Capital Territory or the Northern Territory), by the Governor of the State or a Minister of the Crown for the State:
ii: the Australian Capital Territory, by the Chief Minister of the Territory:
iii: the Northern Territory, by the Administrator of the Territory. Trans-Tasman Mutual Recognition Bill 1996 cl 43 (Aust)
76: Interpretation of schedules
1: A reference to a law, in Schedule 1
a: any amendment to any provision of that law made after section 77
b: any provision inserted in that law after section 77
c: any provision substituted for another provision in that law after section 77 if the subject matter of that amendment or provision is described by one of the categories in Schedule 1
2: A reference to a law, in Schedule 2 Schedule 3
a: any amendment to any provision of that law made after section 79 section 81
b: any provision inserted in that law after section 79 section 81
c: any provision substituted for another provision in that law after section 79 section 81
d: any law passed in substitution for that law,— if that amendment or provision or law does not increase the scope of the exemption effected by Schedule 2 Schedule 3 section 79 section 81
3: Despite anything in Part 2
4:
5: A law specified in Schedules 1 2 3 section 10(2) Trans-Tasman Mutual Recognition Bill 1996 cl 4(2), (3) (Aust) Section 76(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
77: Exclusions
This Act does not affect the operation of any law, or any provision of any law, specified or described in a category in Schedule 1 Trans-Tasman Mutual Recognition Bill 1996 cl 44(1) (Aust)
78: Amendments to Schedule 1
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 1
2: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that all of the then participating jurisdictions have endorsed the terms of the proposed regulations.
3: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 1
a: adding another law, or another provision of a law, to any of the categories:
b: omitting a law from any of the categories and substituting another law, or omitting a provision of a law from any of the categories and substituting another provision of that law:
c: omitting a category.
4: The Minister must not make a recommendation under subsection (3) unless the Minister has given notice in the Gazette
5: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 1
6: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 44(2)–(4) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 78(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
79: Permanent exemptions
This Act does not affect the operation of any law, or any provision of any law, specified or described in Schedule 2 Trans-Tasman Mutual Recognition Bill 1996 cl 45(1) (Aust)
80: Amendments to Schedule 2
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 2
a: adding another law or another provision of a law:
b: omitting a law and substituting another law, or omitting a provision of a law and substituting another provision of that law.
2: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that all of the then participating jurisdictions have endorsed the terms of the proposed regulations.
3: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 2
4: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 45(3), (4), (5)﻿(b) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
81: Special exemptions
This Act does not affect the operation of any law, or any provision of any law, specified or described in Schedule 3 Trans-Tasman Mutual Recognition Bill 1996 cl 48(1), (2) (Aust)
82: Amendments to Schedule 3
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations—
a: extending the exemption period by a period specified in the regulations, being a period of no longer than 12 months at any one time, in relation to any law or any provision of any law specified or described in Schedule 3
b: amending Schedule 3
2: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that no fewer than two-thirds of the then participating jurisdictions have endorsed the terms of the proposed regulations.
3: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 3
4: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 48(2)–(5) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
83: Amendments to Schedules 2 and 3
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations that amend Schedule 2 Schedule 3
2: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied either—
a: that all of the then participating jurisdictions have endorsed the terms of the proposed regulations; or
b: that—
i: no fewer than two-thirds of the then participating jurisdictions have endorsed the terms of the proposed regulations; and
ii: a period of not less than 5 years has elapsed since section 81
3: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 45(5)﻿(a) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 83(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
84: Exempt occupations
This Act does not apply to any law, or any provision of any law, that relates to any occupation and is specified or described in Schedule 4 Trans-Tasman Mutual Recognition Bill 1996 cl 49(1) (Aust)
85: Amendments to Schedule 4
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 4
a: adding another law or another provision of a law:
b: omitting a law and substituting another law, or omitting a provision of a law and substituting another provision of that law.
2: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that all of the then participating jurisdictions have endorsed the terms of the proposed regulations.
3: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations amending Schedule 4
4: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 48(2)–(4) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 85(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
86: Regulations relating to temporary exemptions
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations exempting a particular kind of goods or any law, or any provision of any law, relating to a particular kind of goods from the provisions of this Act.
2: No exemption under regulations made under subsection (1) may exceed the period of 12 months in total, whether the exemption is made in 1 set of regulations or in more than 1 set of regulations.
3: The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that every exemption effected by the regulations is substantially for the purpose of protecting the health and safety of persons in New Zealand or avoiding, remedying, or mitigating any adverse effects of activities on the environment in New Zealand.
4: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 46 (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 86(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
87: Regulations continuing temporary exemptions
1: The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations—
a: continuing or reviving the effect of an exemption under section 86
b: discontinuing an exemption continued or revived under this section.
2: The Minister must not recommend the making of regulations under subsection (1)﻿(a) unless the Minister is satisfied that—
a: an additional period is necessary to enable legislative or other action to be taken to implement a recommendation of a ministerial council made in relation to goods or laws that are the subject of an exemption under section 86
b: no fewer than two-thirds of the then participating jurisdictions have endorsed the terms of the proposed regulations.
3: Regulations made under subsection (1)﻿(a) may continue or revive an exemption—
a: wholly or partly; and
b: with or without modification.
4: A modification may only,—
a: in the case of an exemption relating to goods,—
i: limit the circumstances in which the goods are exempt; or
ii: provide that the exemption does not apply if certain standards or conditions are complied with in relation to the goods:
b: in the case of an exemption relating to a law,—
i: modify the operation of the law while the exemption operates; or
ii: provide that the exemption does not apply in relation to particular goods if certain standards or conditions are complied with in relation to the goods.
5: No exemption may be continued or revived under regulations made under subsection (1)﻿(a) for a period exceeding 12 months in total, whether the exemption is continued or revived in 1 set of regulations or in more than 1 set of regulations.
6: Regulations under this section are secondary legislation ( see Part 3 Trans-Tasman Mutual Recognition Bill 1996 cl 47 (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 87(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Amendments to Law Practitioners Act 1982
Part 6 repealed 1 August 2008 section 349 Lawyers and Conveyancers Act 2006
88: Amendments to Law Practitioners Act 1982
Section 88 repealed 1 August 2008 section 349 Lawyers and Conveyancers Act 2006